My Player Perks Program Terms of Use (“Terms of Use”)
1. These are the Terms of Use for the Universal Gaming Group My Player Perks reward program (the “Program”), which allows Participants (as defined herein) to enroll, earn points redeemable for promotional items, and access personalized offers related to video gaming at Participating Locations (as defined herein). These Terms of Use are supplemented by other rules and policies currently posted at https://www.myplayerperks.com/, including without limitation the My Player Perks Program Privacy Notice, which is available at https://www.myplayerperks.com/privacy-policy . These Terms of Use may be further supplemented as needed and without prior notice by other rules and policies posed at the same web address.
2. Sponsorship and Participating Locations. The Program is solely sponsored by Universal Gaming Group, with a principal place of business located at 240 West Laura Drive, Addison, IL 60101 (the “Sponsor”). The Program relates to participating Universal Gaming Group video gaming locations, a full list of which can be found by visiting https://www.myplayerperks.com/ (each, a “Participating Location”). This list of Participating Locations will be updated and amended from time to time. The Participating Locations are not sponsors of the Program.
3. Program Procedure and Enrollment. Participants may enroll in the Program (i) through the My Player Perks app (the “App”), available at major app stores, (ii) through the My Player Perks web page (https://www.myplayerperks.com/), or (iii) by visiting a Participating Location and accessing the My Player Perks app available on the Universal Gaming Group designated tablet (the “Program Tablet”) that is located near the gaming area at the Participating Location during normal business hours. There is no cost to enroll as a Participant in the Program. Participants may be required to present valid, government-issued photo identification for proof of age at the time of enrollment or at the time of any reward redemption at a Participating Location. The Program shall be open to all patrons of a Participating Location (regardless of whether such patron has or intends to play a Video Gaming Terminal or otherwise make a purchase) that has a valid cell-phone number. Each person who enrolls in the Program is referred to herein as a “Participant.” Sponsor reserves the right to deny anyone from participating in the Program at any time in the Sponsor’s sole discretion, and without recourse. In connection with initial enrollment, a Participant may be required to provide the following information: (a) first and last name, (b) telephone number, (c) gender, (d) email address, and (e) date of birth (the “Required Participant Information”). In connection with a subsequent Location Check-In (as defined herein) a Participant may be required to provide a telephone number to link this activity to the Participant’s Program account. The Required Participant Information must be accurate and current as of the date of initial enrollment and as of each subsequent Location Check-In. Each Participant is limited to creating one (1) account for the Program, which can be used for all Participating Locations. Once enrolled in the Program, a Participant is eligible to earn My Player Perks Points (as defined herein) at all Participating Locations.
4. Earning Points. Participants earn “My Player PerksPoints," which are redeemable for promotional items, by performing tasks as described herein. My Player Perks Points may be earned across all Participating Locations. Participants may earn My Player Perks Points by performing a check-in at a Participating Location (i) using the App or (ii) using the Program Tablet (a “Location Check-In”). If a Participant uses the App for a Location Check-In, a geofence at the Participating Location will confirm the Participant’s presence at a Participating Location. A Bronze level Participant (as defined below) is permitted one (1) My Player Perks Point per Location Check In, with an additional Location Check in being permitted after 60 minutes. A Participant is limited to a maximum of eight (8) Location Check-Ins per day across all Participating Locations. If a Participant fails to record a Location Check-In for a period of six (6) months, all My Player Perks Points accumulated by that Participant will expire and will be forfeited without prior warning.
It is the responsibility of the Participant to ensure that the Required Participant Information is accurate at the time of each Location Check-In, as applicable. All Participants must personally enroll themselves in the Program; a third-party (including an owner or employee of Sponsor or any Participating Location) may neither enroll nor perform a Location Check-In for a Participant in the Program. Similarly, a Participant may not enroll or perform a Location Check-In on behalf of another Participant. The Program benefits, including without limitation My Player Perks Points are not transferable and may only be used for the benefit of the named Participant to whom the points are issued. If a Participant fails to comply with these Terms of Use, at the sole determination of Universal Gaming Group, such Participant may be disqualified from the Program. Moreover, if a Participant fails to comply with these Terms of Use, at the sole determination of Universal Gaming Group, all of that Participant’s My Player Perks Points may be deemed null and void, not honored or acknowledged and may be grounds for forfeiture of the recipient’s promotional items, if any.
By enrolling in the Program, submitting a Location Check-In at a Participating Location, earning My Player Perks Points at a Participating Location, or completing other optional tasks, as applicable, each Participant agrees that (i) they have read and accepted these My Player Perks Terms of Use; and (ii) have read the My Player Perks Program Privacy Notice, which is available at https://www.myplayerperks.com/privacy-policy and incorporated by reference and made a part of these Terms of Use. Participant acknowledges that submission of the Required Participant Information and any other information collected through the Program is subject to the My Player Perks Program Privacy Notice.
5. The Program Membership Tiers. Upon enrolling in the Program, each Participant will initially be designated as a “Bronze” level Participant. Each time a Bronze level Participant submits a valid Location Check-In, the Participant’s account shall be awarded one (1) My Player Perks Point as a check-in reward. Other optional tasks (such as the completion of a survey) may be presented to the Participant from time to time, and may award the Participant one (1) or more My Player Perks Points. The Program has three (3) different reward tiers a Participant may achieve above the initial “Bronze” level: Silver, Gold, and Platinum, with Silver representing the lowest of these levels and Platinum representing the most exclusive tier. A Participant’s tier is based upon the number of My Player Perks Check-in Points awarded to the Participant. Any points other than Check-In Points, such as bonus points, do not count toward achieving the next tier. The number of My Player Perks Points required to achieve each tier and the additional benefits associated with reaching each tier are set forth in detail on https://myplayerperks.com; these requirements and benefits may be amended from time to time at the Sponsor’s sole discretion and without prior notice, and said amendments are and will be incorporated by reference and made a part of these Terms of Use when made.
6. NO PURCHASE NECESSARY. ENROLLMENT IN THE PROGRAM IS FREE. NO PURCHASE IS NECESSARY TO ENROLL IN THE PROGRAM OR EARN MY PLAYER PERKS POINTS. FURTHER, A PURCHASE (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT, GOOD, OR SERVICE SOLD BY THE SPONSOR OR A PARTICIPATING LOCATION) WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF EARNING MORE MY PLAYER PERKS POINTS.
7. Redemption. The Participant will have the opportunity to redeem My Player Perks Points for Universal Gaming Group promotional items, details of which are available on the My Player Perks App and on https://www.myplayerperks.com. The Participant’s My Player Perks Points balance must be greater than or equal to the point value associated with the promotional item the Participant seeks to redeem. Upon redemption of My Player Perks Points for any promotional item(s), the redeemed number of My Player Perks Points will be deducted from Participant’s account.
Universal Gaming Group is responsible for the shipping and handling fees or charges associated with promotional items being shipped directly to the Participant after redemption by the Participant using My Player Perks Points.
All offers and promotional items are subject to availability and may be changed by the Sponsor at any time without notice. The Sponsor may terminate the Program in whole or in part at any time, with or without notice, or as otherwise allowed by law. If the Program is terminated, all unredeemed points will be forfeited without any obligation or liability. Except as otherwise expressly prohibited or limited by applicable laws, the Sponsors may at any time amend, modify, or supplement these Terms of Use, the structure for earning My Player Perks Points, the Program Membership Tiers, with or without notice, even though such change may affect the value of My Player Perks Points or the ability to obtain certain promotional items. Participants are responsible for remaining knowledgeable of the Terms of Use and any changes thereto. Your continued participation will constitute your acceptance of any such changes to the Program.
8. Eligibility. The Program is open to all legal residents of the state of Illinois who are twenty-one (21) years or older at the time of enrollment. The Program shall be open to all patrons who meet these criteria, regardless of whether such patron has or intends to play a Video Gaming Terminal. Owners and employees of a Participating Location and the immediate family members of each such owner or employee are not eligible to perform Location Check-Ins at the Participating Location which that owner owns or where that employee is employed. However, owners and employees of Participating Locations and their immediate family members are permitted to perform Location Check-Ins at other Participating Locations. An “immediate family member” is defined to mean spouse, parent, grandparent, child or sibling. In-laws are not considered to be immediate family members. As applicable, owners and employees of Universal Gaming Group, its affiliates, licensees, franchisees, advertising and promotional agencies are not eligible to participate in the Program.
9. Use of Disclosed Information. Information regarding how Sponsor retains and uses information provided by a Participant, including without limitation the Required Participant Information, is described in the My Player Perks Program Privacy Notice, which is available at https://www.myplayerperks.com/privacy-policy . The My Player Perks Program Privacy Notice also describes how to opt out of various communications and the collection of certain information. By participating in the Program, Participant agrees to have their information collected, retained, and used as described in the My Player Perks Program Privacy Notice, which is available at https://www.myplayerperks.com/privacy-policy, the terms of which are incorporated herein by reference. By participating in the Program, Participant further agrees, except where prohibited by law, to permit Sponsor to use Participant’s name, biographical information, and/or likeness for online posting and/or any other written or photographic advertising and publicity without additional compensation, to the extent permitted under the My Player Perks Program Privacy Notice, which is available at https://www.myplayerperks.com/privacy-policy .
10. Limitation of Liability. By enrolling in the Program, each Participant agrees that the Sponsor and each Participant Location and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotion, fulfillment and marketing agencies, website providers and each of their respective officers, members, managers, directors, stockholders, employees, representatives, designees and agents are not responsible for (i) any computer, telephone, satellite, cable, network (including, without limitation, the Internet), hardware or software malfunctions, failures, connections or availability; (ii) any technical, mechanical, printing or typographical or other error; (iii) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (iv) any condition caused by events beyond the control of any of the Sponsor that may cause the Program to be disrupted or discontinued for any reason; or (v) any injuries, losses, or damages of any kind caused by a promotional item or resulting from acceptance, possession, or use of any promotional item, offer or other reward from participation in the Program. Participant acknowledges and agrees that their Program details (including records of My Player Perks Points) may be adjusted to account for any error, malfunction, fraud, or misuse of the Program.
11. Social Media Disclosure. Although the Program may be advertised on the Facebook pages, X accounts, Instagram accounts, YouTube channel, TikTok account, or other social media platforms of the Sponsor or another, the Program is not in any way sponsored, endorsed or administered by, or associated with, Facebook, X, Instagram, YouTube, TikTok, or other social media platforms. Sponsor’s use of information provided by a Participant through social media sites is described in the My Player Perks Program Privacy Notice, which is available at https://www.myplayerperks.com/privacy-policy , as are Sponsor’s understandings, if any, regarding how social media sites use the same information. By participating in the Program, Participants provide a complete release of Facebook, X, Instagram, YouTube, TikTok, and/or other social media platforms from any and all responsibilities implied or provided by Sponsor.
12. Miscellaneous.
(a) By entering, Participant unconditionally agrees to be bound by these Terms of Use and the decisions of Universal Gaming Group, which shall be final. Universal Gaming Group reserves the right to disqualify any Participant who, in its sole suspicion, tampers with the entry process, violates these Terms of Use, or acts in an unsportsmanlike or disruptive manner.
(b) All federal, state, and local laws apply and all applicable federal, state, and other taxes are the sole responsibility of the Participant. These Terms of Use will be governed by the laws of the State of Illinois. If any provision of these Terms of Use is deemed invalid or unenforceable, such provision shall be deemed void only for the specific jurisdiction at issue, but all other provisions will remain in full force and effect.
(c) Participants agree that any dispute arising out of the Program shall be resolved individually without class action and exclusively by the state and federal courts in DuPage County, Illinois under the laws of Illinois, without regard to that or any other state’s conflict of laws principles. PARTICIPANT, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVES ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND PARTICIPANT. PARTICIPANT UNDERSTANDS THAT PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” PARTICIPANT FURTHER AGREES THAT (1) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENROLLING IN OR PARTICIPATING IN THE PROGRAM, BUT IN NO EVENT ATTORNEYS’ FEES; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
(d) WAIVER OF LIABILITY AND AGREEMENT TO INDEMNIFY: By enrolling in the Program each Participant, its, his, her, or their heirs, successors and assigns (the “Participant Party”) thereby releases, forever discharges, and covenants not to make a claim against or sue Sponsor or any Participating Location, together with their parents, subsidiaries, affiliates, licensees, employees, officers, directors, representatives, successors, and assigns (the “Released Parties” or in the singular “Released Party”), of and from all manner of action or actions, cause or causes of action, at law or inequity, suits, claims, demands, liability, loss, cost, or expense, of any nature whatsoever, known or unknown, fixed or contingent, which Participant Party may have or hereafter have against any Released Party by reason of any injuries or damages Participant Party may sustain, whether to Participant Party’s person, property, reputation, or otherwise, as a result of, incident to, or related in any way to entry into or participation in the Program, any promotional item(s), and/or the use, incorporation, or exploitation of the enrollment in or participation in the Program for any purpose described herein. Participant Party waives and foregoes the right to seek injunctive relief against any Released Party relating in any way to the entry to entry into or participation in the Program, any promotional item, and/or the use, incorporation, or exploitation of the enrollment in or participation in the Program for any purpose described herein. Participant Party agrees to indemnify and hold harmless the Released Parties from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys’ fees), and expenses arising in connection with any breach or alleged breach by Participant Party of any representation made in the enrollment in or participation in the Program or by virtue of submitting the enrollment.
(e) Sponsor makes no warrantees or representations concerning the goods and/or services of any third party.
(f) The current Terms of Use are available at https://www.myplayerperks.com. For an additional copy of the current Terms of Use, send a self-addressed stamped envelope request to the principal place of business of Universal Gaming Group identified in Section 2 above.
(g) Any inquiries or questions regarding the Program may be sent by regular mail to the principal place of business of Universal Gaming Group identified in Section 2 above.
(h) My Player Perks and Universal Gaming Group may award members with gifts and special promotions for any reason at our discretion.
X is owned by X Holdings Corp., Instagram is a registered trademark of Meta, Inc. YouTube is a registered trademark of Google LLC. Facebook is a registered trademark of Meta, Inc. TikTok is a registered trademark of TikTok.