Terms & Conditions
1. The Provider of the Application.
2. The name of the Application.
3. End User.
An End User is defined as a physical person or moral entity that has downloaded and installed the WINIGAMES Application on their smartphone, has created a WINIGAMES account with their FB account, phone number or email address and password and meets the eligibility criteria as defined in Clause 8.6. The combination of an End User and the personal information provided during the registration process will be referred to as the WINIGAMES Account.
4. Mobile Application Games.
Mobile Application Games are defined as computer programs designed to run on smartphones, tablet computers and other mobile devices created by third parties, other than WINIGAMES made available to download in the WINIGAMES Application.
5.1. The WINIGAMES Application will be available to download globally from Google Play.
5.2. The WINIGAMES Application will last for an indefinite period of time or until the Provider decides at its sole discretion to withdraw the WINIGAMES Application and terminate all related services.
6. License Grant.
The Provider Grants End User a revocable, non-exclusive, non-transferable, limited right to install, use and access the WINIGAMES Application strictly in accordance with these Terms and Conditions.
7.1. All End Users warrant that they have read these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) carefully and fully understand their content.
7.2. By clicking on the accept button within the WINIGAMES Application and thus signing in, the End Users signal their complete acceptance and full understanding of these Terms and Conditions and agree:
7.2.1. To receive push notifications on their mobile phones relating to the WINIGAMES Application;
7.2.2. To receive SMS communication/advertising offers from the Provider or from other companies that co-operate with the Provider during the term the WINIGAMES Application is made available to End Users;
7.2.3. To be included into Opt-in programs and Communities created by the Provider with the data gathered during the term the WINIGAMES Application;
7.3. The Provider reserves the right to terminate or amend functions of the WINIGAMES Application and these Terms and Conditions at any time as well as change actions and points attributed to actions at any time without any prior notice to or consent from the End User. Any such revision will be binding and effective immediately upon posting of the revised Terms and Conditions on http://competition.INFINITE8.net/WiniGames-game/terms.html. The continued use of the WINIGAMES Application by the End User constitutes agreement to any revision of the Terms and Conditions.
7.4. In the event of dispute regarding the Terms and Conditions, conduct, results, and all other matters relating to the WINIGAMES Application, the decision of the Provider shall be final and no correspondence or discussion shall be entered into with any End User.
7.5. This agreement between the Provider and the End User will remain in full force and effect while the Provider provides the WINIGAMES Application (not taking into account temporarily suspensions of the WINIGAMES Application for operational reasons, e.g. for repairs, planned maintenance or upgrades) or until the End User decides to sign out as per Clause 9.8, or deletes the WINIGAMES Application.
8. Registration (sign-in) and sign out of the WINIGAMES Application. Availability of the WINIGAMES Application and eligibility of End Users.
8.1. To sign in the WINIGAMES Application, the End User must download the WINIGAMES Application from Google Play and accept the Terms & Conditions.
8.2. End User agrees to provide true, accurate, current, and complete information when registering with the WINIGAMES Application. It is End User’s responsibility to maintain and promptly update its account information to keep it true, accurate, current, and complete. If End User provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if the Provider has reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, the Provider reserves the right to suspend or terminate End User’s account without notice and to refuse any and all current and future use of the WINIGAMES Application.
8.3. End User acknowledges and agrees to be responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur in connection with its password or account. End User agrees to immediately notify us of any unauthorized use of either the password or account or any other breach of security. End User further agrees that he/she will not permit others, including those whose accounts have been terminated, to access the WINIGAMES Application using End User’s account or User ID. End User grants the Provider and all other persons or entities involved in the operation of the WINIGAMES Application the right to transmit, monitor, retrieve, store, process and use End User’s information in connection with the operation of the WINIGAMES Application and in the provision of services to End User. The Provider cannot and does not assume any responsibility or liability for any information the End User submits, or End User’s or third parties’ use or misuse of information transmitted or received using the WINIGAMES Application.
8.4. By signing in to the WINIGAMES Application via their Facebook account the End Users accept that the profiling and personal data acquired with the acceptance of Facebook can be used by the Provider and their technical partners supporting the WINIGAMES Application for the recommendation engine of the WINIGAMES Application. No profiling or personal data will be used by any third party not having technical support agreements with the Provider.
8.5. By downloading the WINIGAMES Application the End Users can also have the opportunity to participate in competitions and challenges of different mechanisms to be able to win different types of rewards (virtual or physical). The WINIGAMES Application rewards points for various actions such as playing the Mobile Application Games, spending time in the Mobile Application Games, and inviting friends. These points are then posted on a different leaderboards, where prizes are given out to the top scorer(s). More details regarding how points are allocated across the leaderboards can be found in the leaderboard and winner selection section below.
8.6. The following are eligible to participate:
8.6.1. Natural persons (other than people employed by the Provider, and also their close relatives and spouses), who are eligible by the applicable law in the country of location of the End User, may download mobile applications and participate in competitions to win rewards. If the End User is not eligible as per the applicable law to participate or win rewards, the End User can receive the won reward by the guardian’s prior consent and appearance to the acceptance ceremony of the reward. In this case the winner’s guardian must appear to collect the reward having his/her ID, as well as a certification proving that he/she is the guardian or other criteria as per the applicable law.
8.6.2. Legal entities having a running contract on rendering different services to the Provider may receive the reward through their authorized signatory acting on behalf of the legal entity.
8.6.3. The Provider reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any provision of the Terms and Conditions.
8.6.4. All winners must provide identification documents in order to receive the rewards. Rewards may be received by a representative of the winner by proxy upon written confirmation from the winner.
8.6.5. By participating in the WINIGAMES Application, End Users hereby warrant that all information submitted is true, current and complete.
8.6.6. Winners must have inserted a valid phone number in their profile
8.6.7. Winners that are contacted by the Provider must provide a valid name and address
8.7. Each End User can sign-out of the WINIGAMES Application any time and stop receiving any information about the WINIGAMES Application. If after the End User chooses to sign out he/she subsequently re-signs he/she will be considered to be an End User in the WINIGAMES Application once again.
8.8. If the WINIGAMES Application is withdrawn and related services terminated the Provider will publish a message announcing such withdrawal and termination in the official resources of the WINIGAMES Application (http://wini.games/).
8.9. Interruption or early termination of the WINIGAMES Application shall not release the Provider from its obligation to give out already awarded rewards and execute other actions required, except for the cases when termination or interruption of the WINIGAMES Application was called by actions or events which are not under the Provider’s control.
8.10. The Provider reserves the right not to enter into written negotiations or otherwise contact with the End Users of the WINIGAMES Application other than in accordance with the present Terms and Conditions or in accordance with the requirements of the current legislation of each users country of registration.
9. Competition Periods.
9.1. Daily: Daily competitions and challenges start at 00:00 of any day of the week and end the same day at 23:59. All time references are KSA time. All End Users’ points might be reset at the end of the day.
9.2. Weekly: Weekly competitions and challenges start on Sunday at 00:00 and end the following Saturday at 23:59. All time references are KSA time. All End Users’ points are reset at the end of the week.
10. WINIGAMES Challenges
WINIGAMES Challenges will be active to End Users whenever the Provider chooses to enable them. The WINIGAMES Challenges are above and beyond the Competitions listed in section 10. WINIGAMES Challenges are comprised of the following components: (a) The Action, (b) The Target Audience, (c) The Reward and (d) The Winner Selection Method.
10.1. The Action which will be a specific action the End User must perform to complete the Challenge. The actions will be limited to one or a combination of the below:
10.1.1. Playing a specific game or games
10.1.2. Completing a survey
10.1.3. Inviting a specific amount of friends to download WINIGAMES
10.1.4. Collecting a specific amount of points during a defined time period
10.1.5. Redeeming the WINIGAMES daily bonus on one specific day or days
10.1.6. Opening WINIGAMES on a specific day or days
10.1.7. Performing any of the actions listed in the how to win points section of the WINIGAMES app
10.2. Target Audience which will be the group of End Users the WINIGAMES Challenge will be communicated to. The Provider has the right to define these groups at his own discretion.
10.3. The Reward which will be clearly communicated in the Challenge and will be along the lines of section 16 below.
10.4. The Winner Selection Method will be either based on a Draw where all participants participate with 1 chance for every challenge completed or based on Top Scorer where all participants compete with the points awarded from The Action of The Challenge.
11. Winner Determination Methods in Competitions and Challenges
11.1. Definition of a Winner: A winner is an End User, who has been selected either via Draw or Top Scorer methods. The Provider will define the exact number of winners, the winners’ selection method, and exact prizes in the prize section of the WINIGAMES Application, provided that the winner meets the eligibility criteria, as defined in Clause 13, in order to be awarded with the prize.
11.2. Draws: Winners can be determined based on a random draw, where the number of points or tickets an End User has collected during the competition period inside the WINIGAMES Application and the Mobile Application Games are equal to the amount of draw entries the End User has.
11.3. Top Scorer: Winners can be determined based on the highest amount of points or tickets accumulated during the competition period inside the WINIGAMES Application(s) and the Mobile Application Games. In case of a tie, the End User that has accumulated their points or tickets in the shortest duration will be deemed the winner.
12. Winner Eligibility.
12.1. In order to be eligible to win a prize, the End User must have provided their phone number in the phone section of the WINIGAMES Application. Not providing it will result in the Provider selecting the next eligible winner.
12.2. In order for an End User to be eligible to participate in any competition within the WINIGAMES Application(s) and the Mobile Application Games, they must have performed at least one action during the competition period.
12.3. End Users that have not performed an action during that competition period within the WINIGAMES Application(s) and the Mobile Application Games are not included in the winner determination.
12.5. End Users using the same WINIGAMES Account to participate in the WINIGAMES Application are not eligible to win more than (1) Prize every 4 weeks. The 4 weeks include the week they were chosen as a winner.
12.6. The Provider of the application reserves the right to disqualify a winner in the event that the Provider deems that the winner is the same physical person using a different WINIGAMES Account.
13. Point Allocation.
The gain or accumulation of points is subject to change without prior notice or announcement to End Users.
14. Leaderboards, Rewards and winner selection.
Given the point allocation rules mentioned above, points earned by the End User appear in two different leaderboards, the Global leaderboard and the Friends leaderboard.
15. Types of Rewards.
15.1. Physical Rewards (the “Prizes”), will be given out by the Provider. Examples of the Prizes can be found in the prize section of the WINIGAMES Application. The number of the Prizes that will be given out lies solely at the Provider’s discretion.
15.2. No cash alternative to the Prizes will be offered for winners from the following countries: Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, U.A.E. and Yemen.
15.3. Provider may transfer cash equal to the value of the Prize to the winners outside the countries mentioned in clause 15.2.
15.4. The Prizes are not transferable. Prizes are subject to availability and the Provider reserves the right to substitute any Prize with another of equivalent value without giving notice.
15.6. The Provider may at any time decide at its sole discretion to offer other types of rewards. Details will be posted by the Provider on http://wini.games.
16. Place, date, time and other terms of the rewards.
16.1. The winners from the following countries: Algeria, Bahrain, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, U.A.E. will receive their rewards by the Provider or by its certified partners in the countries they are located.
16.2. The winners shall be responsible for payment of due taxes and collections for the rewards under any relevant legislation of the country they are located.
16.3. The winners will be contacted by the Provider. The winners must confirm in writing that they are the End User eligible to receive the won rewards, and that they are entitled to the reward and shall complete all the necessary documents provided by the Provider.
16.4. For the avoidance of doubt, Winners acknowledge that delivery of the Prize can take up to (3) months from date of notifying Winners. However, the Provider accepts no responsibility for any delay in the delivery of the Prize.
17.1. Winners will be notified by telephone call/email (as provided by them) within a period not exceeding 7 days of the closing date that they have won, the prize and the delivery method.
17.2. Should the winner not answer the telephone call/email within 2 working days, Infinite8 reserves the right to choose a different winner.
18. End User disqualification
18.1. The Provider reserves the right to temporarily or permanently disable the End Users account if the Provider deems that the End User has generated irregular gameplay events and/or unverified purchases in the WINIGAMES Application or in the Mobile Application Games.
18.2. Irregular gameplay events and/or unverified purchases are generated when an End User uses technical means (e.g. computer programs, mobile applications or other assistance of technical nature) in order to earn points.
18.3. All points earned by events that are deemed irregular by Provider will be discarded and will not be taken into consideration in the competition periods they were generated in.
19. Limitation of liability.
19.1. The Provider accepts no responsibility whatsoever for, including without limitation, any error, omission, interruption, defect, delay in operation or transmission, communications line failure of the WINIGAMES Application, which are outside its direct control and execution.
19.2. The Provider reserves the right to whenever is deemed necessary temporarily suspend the WINIGAMES Application for operational reasons (e.g. for repairs, planned maintenance or upgrades). The Provider promises to restore the WINIGAMES Application as soon as possible after any temporary suspension period.
19.3. The Provider is not responsible for inaccurate Prize and/or reward details supplied to any End User by any third party connected with a competition and is not under any circumstances or at any time responsible for any actual or underlying defects of the offered Prizes and rewards.
20. Disclaimer of warranties.
20.1. End Users understand and agree that they participate in this WINIGAMES Application at their own risk and willingness and have not been coerced in any manner to enter the WINIGAMES Application by the Provider or a third party.
20.2. The Provider makes no warranty, implied or express, that any part of the WINIGAMES Application will be uninterrupted and error-free.
20.3. Neither the Provider nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, injury or disappointment suffered by any End User using the WINIGAMES Application and related services and/or participating in the relevant campaigns or as a result of accepting a Prize or reward.
20.4. The Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to End User's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the WINIGAMES Application.
20.5. By registering, entering and using the WINIGAMES Application, End Users agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against the Provider, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from acceptance or user of any prize, including without limitation, personal injuries, death and property damage.
21. Data protection and Publicity.
21.1. The Provider may from time to time collect and process, either on its own or through authorized parties, with whom Provider has a contractual relationship and co-operates for the purpose of making the WINIGAMES Application available, End User personal data related to voice, image, name or address and any other relevant information deemed necessary for the provision to End Users of the WINIGAMES Application and related services. Such information will be included in a filing system belonging to the Provider, and will be used by the Provider to enable End Users to use the WINIGAMES Application and related services, as well as publicity mailing, or other purposes relating to the Provider’s services, unless otherwise indicated. By accepting these Terms and Conditions End Users explicitly provide their consent for the Provider and authorized third parties to collect and process in line with applicable laws information of the End Users, including but not limited to information which under the applicable laws of the location of the End User are considered to be personal data.
21.2. The Provider and third parties co-operating with the Provider will use such data in line with applicable laws and in a confidential manner. End Users may at all times exercise the rights of access, rectification, deletion and objection in relation to the collection and processing of the personal data in line with applicable laws by sending to the Provider a written communication to that effect addressed to the Provider If an End User wishes to opt-out of data collection, they must send an email to firstname.lastname@example.org. In opting out the End Users will have to de-install the WINIGAMES Application on their phone, however End Users may at any time decide to re-opt-in and re-install the WINIGAMES Application without restriction, in which case these Terms and Conditions, as in force at that time will apply.
21.3. End Users accept and agree that if they win a reward then their first name, their last name and their photo may be published by the Provider, at his discretion, in the media (TV, radio, websites) for informational purposes only in media and commercials. The winners also accept that they may participate in live testimonials organized in the media by the Provider, at his request.
The Provider of the WINIGAMES Application shall not release personal information about the End Users of the WINIGAMES Application to third persons, unless: i) required to do so by the applicable law in the country of location of the End User or ii) to comply with orders or instructions by the official governmental entities in the country of location of the End User or iii) if the End User has first given his/her consent and iv) in accordance with the above paragraphs of this clause 19.
22. Copyrights & Trademarks.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the WINIGAMES Application belong to the Provider and/or third parties. The Provider reserves all of its rights in the WINIGAMES Application and the related services. Nothing in the Terms and Conditions grants End User with a right or license to use any trade mark, design right or copyright owned or controlled by the Provider or any other third party, except as expressly provided in these Terms and Conditions.
23. Third Party Content and Services.
23.1. End User acknowledges that the WINIGAMES Application permits access to products, services, web-sites, advertisements, promotions, recommendations, information and materials created and provided by advertisers, publishers, content partners, marketing agents and other third parties (the “Third Party Content and Services”).
23.2. The Provider shall not be responsible for any Third Party Content and Services and/or any third party web sites that End User links to from the WINIGAMES Application, and that End Users are responsible for reading these third parties’ own terms and conditions or privacy policies and be bound by same.
23.3. The Provider hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services whether express or implied.
24. Governing Law.
If any disagreement arises between the End Users and the Providing under these Terms and Conditions or related to the use of the WINIGAMES Application and related services the End Users can present their complaint to the Provider and the issue will be decided in accordance with the applicable law of the country where the WINIGAMES Application has been downloaded by the end users seeking complaint resolution.