1.2 For the purposes of this Promotion, the promoter is the entity You have contracted with under the Terms of Service ("We", "Us" and "Our").
1.3 In the event of any conflict or inconsistency between these VIP Promotional Terms, any applicable General Promotional Terms and the Terms of Service, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
1.5 Your use of each Platform itself and of any services available through that Platform are subject to the Rules.
2.1 The entry period for the Promotion begins at 12:00 AM Eastern Time (ET) on December 16, 2022 and continues through 11:59 PM (ET) on March 31, 2023 (the “Promotion Period”), though We retain the right to end the Promotion earlier, in Our sole discretion. No purchase is necessary. To be eligible for the Promotion, during the Promotion Period, download the Mojo app from the Apple App Store (the “App”), become a verified user by creating an account and going through identity verification (“Verified User”). If and only if You are invited to participate in this Promotion, and you become a Verified User, You may then deposit up to $10,000 on Your first day of depositing money within the App, using the code “RISKFREE 10” (hereinafter referred to as the “Code”). All deposits made on the first day You are making deposits (and only on that day), during the Promotion Period and using the Code, will entitle You to have all potential losses (“Losses”) You may experience by wagering on the App refunded to You (the “Refund”), up to $10,000 (the “Refund Cap”). If You make multiple deposits on the first day You have made a deposit, all such deposits will be subject to the Refund. However, if you make multiple deposits over the course of more than one, only those deposits made on the first day will be subject to the Refund. All Losses will be calculated using the market closing price at 11:59pm on the 14th day (“Risk-free Period”) following your entry of the Code. Refunds will be calculated based on the amount of Losses resulting from Your wagers during the Risk-free Period (beginning on the date of Your use of the Code), up until the Refund Cap. For clarity, if your wagers during the Risk-free Period result in profits, you will not be entitled to any Refunds. Your initial deposit must be at least $25. To open an Account, Verified Users will be required to provide proof of identity and/or eligibility in a form acceptable to Company (including, without limitation, all or any combination of the following in order to create an account: name, address, email address, credit/charge/debit card number, IP address, government-issued photo identification and other forms of identification which may be required). Failure to provide such proof to the satisfaction of Company may result in disqualification. To use the Code, Verified Users must be located in New Jersey.
2.2. All Verified Users cannot withdraw any of the initial deposit or Refund amounts prior to making a minimum of a twenty-five dollar ($25) deposit into their individual Accounts, and then waiting five (5) business days after such deposit.
3. Eligibility to participate in Promotion
3.1 To be eligible to participate in the Promotion, You must (unless otherwise specified in Specific Promotional Terms):
(a) be twenty-one (21) years of age or older;
(b) be physically located in New Jersey to wager on the App;
(c) be legally entitled to use Our services in accordance with Our Terms of Service;
(d) have successfully completed registration on the App and opened a real money player wagering account (“Account”) in accordance with Our Terms of Service;
(e) satisfy any other eligibility criteria set out in the relevant sections of the Company’s Standard Promotional Terms in respect of certain general categories of Promotion; and
(f) not be an Unauthorized Person (as defined in section 6, below); (a “Qualifying Player”).
3.2 You must not previously have opened and made a deposit into an Account on Our App. The Promotion may not be used in conjunction with any other Promotion unless otherwise specified in that other Promotion’s terms and conditions.
4. Participation in Promotion
4.1 Participation in the Promotion is voluntary.
4.2 You should follow the instructions set out in the Promotion Communication, on the App landing page for that Promotion and, where appropriate, these Specific Promotional Terms.
4.3 Entry into the Promotion may be used only once.
5. Excluded and disqualified players
5.1 (i) any person prohibited from gaming pursuant to N.J.S.A. 5:12-100n, N.J.S.A. 5:12A, including but not limited to employees of a casino licensee who are directly involved with the conduct of gaming and/or sports wagering operations, (ii) an employee of a supplier or vendor of the Group and iii) employees of the Company have administrative or privileged access to the Company’s online gaming data or systems; (collectively, “Unauthorized Persons”)
5.2 If You have received communication from Us that you are not eligible for participating in any of Our Promotions.
6. Payment of Refunds
6.1 Refund amounts will be calculated based on Losses experiences by You as of the 14th day after Your initial deposit, and will be paid into the Accounts of Qualifying Players any time within seven (7) days after this 14-day period ends for You.
6.2 Your use of the Promotion and any Refund is subject to Our review for irregular playing patterns. In the event that We deem that an irregular playing pattern has taken place, We reserve the right to prevent you from cashing out Account funds and/or withhold any of Your winnings derived from Your use of the Refund.
6.3 In the event that more than any excess payment is accidentally paid to a Qualifying Player, We reserve the right, without prejudice to any other rights under the Rules, to seek the return of the amount of the excess payment from that player's Account.
6.4 Qualifying Players who receive a Refund as the result of the Promotion must accept the Refund "as is" and there is no right to a cash alternative.
6.5 Any transactions (e.g., chargeback fees, non-sufficient funds) that cause Your account credit balance (unrestricted funds in Your player account) to be negative must be paid to Us before any Refund is issued to You. We reserve the right to withhold the Refund that You receive until Your account credit balance is zero or greater. We reserve the right not to award the Refund or to seek the return of the Refund awarded in the event that You are not entitled to receive the Refund in accordance with applicable law (provided that You are solely responsible for ensuring that You are entitled to receive the Refund) or if We have cause to disqualify You in accordance with section 5.
6.6 Any entitlement to receive a Refund is non-transferable.
6.7 You are solely responsible for the payment of any applicable tax in relation to the relevant Refund and for any costs associated with the Refund or its use, including without limitation the cost of complying with any requirements of applicable local law.
7. Publicity and intellectual property
7.1 By participating in the Promotion, We may ask you to co-operate in advertising, marketing and/or publicity material and activities, at Our expense. You may also be asked (a) to wear any branded clothing or attire We may provide; and (b) to sign, if requested, an irrevocable release form allowing Us, without any compensation being payable to you, to use Your name, photograph, likeness, any comments made by or attributed to You, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
8. Promotional Play Restrictions
8.1 We offer bonuses and promotions to enhance your enjoyment of our games and wagering. We therefore expect that you will participate in all bonuses and promotions fairly, so that our other customers too may enjoy our services. We have set out below certain types of play which we consider to be unfair and therefore to be in breach of these Promotion Terms:
a) using minimal risk wagering patterns (e.g. low risk wagering, zero risk wagering or equal betting patterns);
b) using multiple accounts to obtain more than the number of bonuses or free bets permitted for each customer;
c) sharing personalized promotional offers or bonuses (i.e. promotions or bonuses which are available to specific customers only) received by you e.g. via email, inbox message, links, URLs etc. with others who were not the intended recipient. This includes accessing promotions or bonuses forwarded to you by others when you were not the intended recipient;
d) concealing your country of residence in order to access a promotion or bonus that is not available in your country of residence;
e) colluding with other customers in order to take advantages of promotions or bonuses; or
f) Where you are in breach of any Promotional Play Restrictions, we may be entitled to cancel any bonuses or promotions applied to your account, reclaim any bonus element of such offers and either settle bets at the correct odds, void any bet funded by a bonus, or remove any subsequent winnings. We may also be entitled to levy an administration charge up to the value of the bonus, free bet or additional payment to cover our reasonable administrative costs in respect of any such action that we take.
9.1 All references to sums of money will be in U.S. currency.
10. Our liability
10.1 Except where prohibited by law, We accept no liability in relation to Your participation (or inability to participate) in the Promotion, including without limitation any use made by You of (or inability to use) the Promotion, to the maximum extent permitted by law.
10.2 If the Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no bonus, payment or of any kind will be awarded.
11. Alteration and termination of Promotions; modification of the Rules
11.1 We reserve the right to alter, discontinue or terminate the Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in the Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of the Promotion affecting the result of the Promotion or the number of participants or the value of claims.
11.2 The Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the App. We recommend You revisit these VIP Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.
12.1 You may not assign or transfer any or all of Your rights or obligations under the Rules.
12.2 No third party shall have a right to enforce the Rules against Us.
12.3 Failure by Us to enforce a right under the Rules does not result in waiver of such right.
12.4 If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
12.5 We may withdraw this Promotion at any time, for any reason, without notice. If We choose to withdraw this Promotion and You have already created an Account as part of this Promotion but your 14-day risk-free period has not concluded, You will still be able to utilize the Code for risk-free betting until the Promotion Period concludes.
12.6 Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all players.
12.7 You and We agree that the laws of New Jersey apply to the Rules and that any dispute between You and Us arising out of or in connection with these Rules or the Promotion will only be dealt with by the courts of New Jersey.
12. If these VIP Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.
If You have any questions, please contact Our Customer Success team.
Effective: November 29, 2022.