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Papaya Gaming, Ltd. (“Papaya,” “we,” “us,” or “our”) offers competitions and tournaments in which outcomes are based upon the skill and knowledge of the competitors ("Services"). Competitions and tournaments are meant to be fun and enjoyable, and it is Papaya's goal to provide users with a fun game environment. However, should you have concerns about your playing habits, you should consider immediate action to limit and/or self-exclude yourself from further gameplay.
We want our users to have fun! But you must do so responsibly. Papaya is committed to ensuring responsible playing. The following provides advice and information regarding the measures Papaya has put in place in order to ensure a fair, safe, and responsible environment.
The Policy below shall be applicable to you only to the extent you register and use our Services from the United Kingdom.
You may voluntarily self-exclude yourself from accessing the Services at any time by emailing us at support@papaya.com. Your request must include your full name, full residential address, and email address so we may verify your account and block your access to the Services. The self-exclusion will last for a period of at least three (3) months. We will not reopen any self-excluded account prior to the three (3) month self- exclusion period; however, after the expiry of the minimal exclusion period, you may contact us and ask for your account to be re-activated. The self-exclusion will only be lifted seven (7) days after we receive your written email requesting to reinstate your account.
By voluntarily self-excluding, you agree to provide full and accurate personal details, now and in the future, so as to allow access to, and/or use of, our Services to be restricted. If you choose to self-exclude, we will use all reasonable efforts to ensure we comply with your self-exclusion. However, in agreeing to self-exclude, you accept that you have a parallel responsibility not to attempt to circumvent voluntary self-exclusion. Accordingly, we have no responsibility or liability for any subsequent consequences or losses, howsoever caused, that you may suffer or incur if you commence or continue to access or make use of the Services through additional online accounts in circumstances where you have changed any of the registration details, provide misleading, inaccurate or incomplete details, or otherwise seek to circumvent the voluntary self-exclusion to which you agreed.
During the period of self-exclusion, we will use reasonable efforts to not send you any marketing materials and we will not accept any deposits or entries from you. During the period of self-exclusion, you may not open a new account. Please remember that according to our Terms and Services, you may only register for a single account and may not use or access multiple accounts at the same time. Should we find that you
have created an alternative account in order to circumvent the self-exclusion process, we will immediately terminate your account(s), and you will be banned from further accessing the Services.
You may also elect to close your account at any time. If you wish to terminate or suspend your use of account, please email us at support@papaya.com
Papaya recognizes that players may want to set themselves a limit on their play, and therefore we provide you the option to set daily limits in order to avoid excessive use of the Services. Papaya provides you the option to set daily, weekly, or monthly deposit limitations. You may set limits by contacting us at support@papaya.com. We will use reasonable efforts to implement limits immediately; however, until in place, you are responsible for ensuring that you do not exceed the limits you have set for yourself. You can change or revoke the limits you have set at any time.
Papaya encourages responsible gameplay, and it is our goal to ensure that your experience is as enjoyable as possible. Papaya will never induce, pressure, or encourage players to play beyond their limits or chase losses.
Playing problems may result in financial hardship. If you feel you have an excessive play problem, we urge you to seek assistance. Excessive play warning signs may include:
● Playing in excess of your limits.
● Losing sleep or skipping duties and obligations in order to participate in contests.
● Replacing hobbies with excessive playing.
● Losing contact with friends and family due to playing.
● Avoiding meetings, hangouts, and gatherings in order to continue playing in contests.
● Feelings of anger when approached about your playing habits.
● Friends and family questioning your playing habits.
● Sacrificing time with family or at work in order to participate in contests.
● Repeated inability to stop or control participation.
● Borrowing money to participate or to pay off money spent playing.
● Lying or not being truthful about time or money spent playing.
● Selling or pawning personal property to play.
● Feelings of hopelessness, depression, or suicide.
If you or someone you know is or may be experiencing any of the warning signs listed above, it is important that you or the person you know immediately seek advice and support.
Please see below additional organizations that are committed to providing necessary support:
● Computer Gaming Addicts Anonymous (CGAA) (https://www.cgaa.info/)
● Omega Recovery Gaming Addiction (https://omegarecovery.org/)
Additional resources may be available in your jurisdiction. Please note that the above resources (and any other additional resource available in your jurisdiction) are not in any way affiliated with Papaya, and they do not provide customer support or dispute resolution services regarding your account.
If you have any questions, require assistance in finding appropriate support in your area, or believe that your or someone you know is suffers from playing problems, please contact us at support@papaya.com.
Papaya does not permit users under the age of 18 to register an account to access the Services. In the event you believe a user is under the age of majority, please contact us at support@papaya.com.
Please be advised that while Papaya uses reasonable efforts to verify users' age to prevent minors from accessing the Services, you are solely responsible for controlling and supervising your children. In order to ensure the Services are not accessed by users under the age of 18, we encourage you to do the following:
● Keep your account information safe and outside of reach of children.
● Do not give children access to your device with the Services open or easily accessible.
● Do not use the “Remember my Account” feature on a shared device.
● Do not allow children to use your device unsupervised.
● Keep your payment information (credit cards, bank account information, etc.) outside the reach of children.
● Restrict your child’s access to gaming platforms.
You can view your game history via our app, to see the total amount spent, total winnings and losses.
The online advertising of game products has increased over time on social media platforms; you can limit your exposure to such advertisements using the tools provided through some social media platforms.
For information on how you can limit your exposure to advertising on Twitter please see here; on Facebook please see here; and on Google please see here.
Papaya will use all reasonable endeavors to ensure that you use the Services responsibly. We reserve the right, in our sole discretion and without prior notice, to undertake any of the measures included in this Responsible Play Policy (including, but not limited to, restricting and/or terminating your access to the Services) if at any time we feel you (or someone you know) are abusing the Services and/or acting irresponsibly by engaging in habits and/or behaviors that may be harmful to you.
These Rules and Papaya’s Terms of Use, govern your participation in the Promotions. All collection and processing of personal information as part of or in connection with participating in any Promotion is subject to and governed by our Privacy Policy.
By participating in a Promotion, you hereby represent and warrant that you have read and shall be bound by these Rules, the Terms of Use, the Privacy Policy, and any and all other terms and conditions relating to the Promotion. In the event you do not agree to be bound by these Rules and/or the Terms of use, or any amendment, you must not participate or otherwise take part in any Promotion and/or to withdraw and discontinue your participation in a Promotion.
Eligible entrants must be: (i) eighteen (18) years of age (unless the applicable age of majority in your state of residence at the time of the entry is higher) or older; and (ii) eligible under applicable law to participate in the Promotion. Notwithstanding, Papaya reserves the right to limit specific Promotion to entrants located in a particular jurisdiction, in which case only users residing in such jurisdiction at the time of entry may be eligible to participate in the Promotion.
Papaya's employees (including, without limitation, part-time or temporary employees), officers, and representatives, promotion agencies and/or sponsors directly involved in the administration, development, fulfillment, and execution of a specific Promotion, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above are not eligible to enter and/or to win a Promotion.
Papaya reserves the right to ask you at any time to provide us or our designated third parties with proof of your age, identity and/or residency in order to participate in any Promotion. You agree, on-demand, to present Papaya, or any third party on its behalf, with valid documentation that may enable us to verify your age, identity, and/or residency. If you are unable to provide satisfactory documents, we may exclude you from the applicable Promotion and you may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion and/or forfeiture.
During the period of any specific Promotion (the “Promotion Period”), you can enter the Promotion by using the Services and follow the links and instructions for entering the Promotion. Papaya will publish the applicable Promotion Period as part of the description for each Promotion. Please note that the use of the Services, which can be downloaded free of charge, requires an internet connection and a compatible device. You must enter the Promotion during the Promotion Period of the relevant Promotion in order to be eligible to win applicable prize(s). Papaya and/or our affiliates’ systems will be used for determining when the Promotion Period of a certain Promotion has commenced or concluded, and such determination shall not be disputed for any reason.
All requests for entry into a Promotion shall become the exclusive property of Papaya and will not be acknowledged or returned. Entries received that are from ineligible entrants and/or do not comply with these Rules will be considered void. Entries that are determined to be fraudulent will be considered void, and the person making such entry may be barred from participation in the Promotion and, in Papaya’s sole discretion on a case-by-case basis, banned from any future participation in any future Papaya Promotions and/or Services. Proof of sending or submission will not be deemed to be proof of receipt. You hereby agree than in no event will you have any claims against us for any requests that were not received or acknowledged by us, for any reason whatsoever, or which were received before or after the Promotion Period for the applicable Promotion.
Papaya reserves the right at their sole discretion to disqualify any individual who is found to be (i) acting in violation of these Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Promotion, or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Papaya is prevented from continuing with the Promotion as contemplated by any event beyond their control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then Papaya shall also have the right to modify, suspend, extend or terminate the Promotion. In the event that the Promotion is terminated, cancelled, or postponed for any reason whatsoever, the actual/appraised value of the prize(s) will be awarded to the extent required by law.
Without limiting the foregoing, Papaya may lock out any participant who, in Papaya’s sole judgment, has been disqualified, has questionable eligibility, or is otherwise ineligible to participate in the Promotion. Any person who deliberately attempts to undermine or interfere with the legitimate operation of any Promotion and/or any Services may be subject to civil and/or criminal penalty, and Papaya reserves the right to seek damages from any such person to the fullest extent permitted by law.
Use of robotic, mechanical or other forms of pre-programmed entry methods is strictly prohibited. Entrants may not use such manipulation tools and Papaya reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entry; provided, however, that no entrant in any Promotion may rely upon or insist upon Papaya’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa.
Unless otherwise specifically allowed with respect to any Promotion, you may not use multiple email addresses, accounts or identities or any other method in order to participate in any Promotion. Any use of automated system or any similar method to participate in any Promotion is strictly prohibited and may result in your disqualification from the Promotion and/or future use of the Services. The person to whom the email address was assigned by the applicable operator shall be deemed as the owner of such email address.
Papaya reserves the right to modify, alter, or change the Rules, regulations, and prize amounts of any Promotion at any time in its sole discretion. All changes shall be made known prior to the beginning of a Promotion. You acknowledge that you shall be responsible for staying up to date with any and all changes made to a Promotion. In the event of modifying a Promotion, your continued participation in the Promotion constitutes acceptance of the modified Rules.
The manner in which a winner is selected may vary depending on the Promotion and will be detailed in the description for each Promotion or as otherwise posted via our Services. Our decisions regarding the administration and operation of any Promotion, including, without limitation, the selection of potential winners from all eligible participants are final and binding in all matters related to the Promotion. Prizes will vary from one Promotion to another and will be indicated in the description for the applicable Promotion. Odds of winning any Promotion will depend on the total number of eligible entries received for such Promotion.
Unless otherwise set forth in the description for a Promotion, all prizes provided to winners for a Promotion are Virtual Items, with no "real world" value, and can only be used within the Services. You agree that your use of Virtual Items shall be governed in accordance with the Terms of Use. If a prize, or any portion thereof, cannot be granted for any reason, we reserve the right (but not the obligation) to substitute such prize for one of equal, lesser or greater value. If, notwithstanding the foregoing to the contrary, any specific prize will have actual "real world" value (i.e. cash prize), such value will be specified in the description for the relevant Promotion and in any event, you are not allowed to transfer or substitute any prize received from participating in a Promotion. All prizes hereunder are offered "as is" without warranty either expressly or in an implied fashion.
You shall be solely responsible for any taxes or fees associated with your receipt of a reward. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient.
Papaya will notify each potential winner by sending a notification within the Services or as specified in the description of the Promotion. If a potential winner cannot be contacted within seventy-two (72) hours, or if such winner is otherwise disqualified or does not comply with these Rules, the potential winner will be disqualified and forfeit the prize. It is your sole responsibility to notify us in writing if you changed your email address during the Promotion Period. Notwithstanding, no prizes shall be given to any user who is ineligible to participate in the Promotion or fails to comply with these Rules, the Terms of Use, or any other rules for participation in the Promotion.
If any potential winner is required by any applicable law, these Rules, and/or by any other rules for any applicable Promotion to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us before and as a condition to receiving the prize. If a potential winner is disqualified for any reason, we may award the applicable prize to an alternate winner from among the remaining eligible participants, in our sole discretion.
By entering into a Promotion, you agree to release, indemnify, and hold harmless Papaya, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, and agents (collectively, the “Releasees”) from and against any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion, including without limitation (i) the administration of the Promotion, such as typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, the processing of entries, the announcement of the prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials; (ii) Your participation in the Promotion offered by the Releasees or your acceptance or use of a prize, or participation in any prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Promotions or any Promotion-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy; and/or (iii) liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any prize or participation in any prize-related activities.
By entering into a Promotion, you agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to any other user’s participation in the Promotion.
You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the Services, other users, or by any of the equipment or programming associated with or utilized in the Promotion and that the Releasees assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a user’s participation in a Promotion or receipt or use or misuse of any prize; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Services; (iii) any computer, telephone, cable, satellite, network, electronic or internet hardware or software malfunctions or failures, problems with connections or availability; (iv) garbled or jumbled transmissions, service provider/internet/web site/use net accessibility or availability; (v) traffic congestion; (vi) unauthorized human intervention; or (vii) theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, a Promotion is not capable of running as planned by reason of infection by computer virus, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the Releasees control and, in the sole opinion of the Releasees, corrupt or affect the administration, security, fairness, integrity or proper conduct of a Promotion, the Releasees reserve the right, at their sole discretion, to cancel, terminate, modify or suspend such Promotion and select the winner(s) from among all eligible entries received for such Promotion prior to the action taken.
In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages, other than your actual out-of-pocket expenses arising out of your participation in a Promotion. Without limiting the foregoing, the Services are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
By participating in any Promotion, each entrant hereby consents to Papaya’s usage of any one or more of the following for on-air broadcast, online usage and/or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: entrant’s name; voice; likeness; biographical information; his/her participation in the Promotion; prizes won; and the substance of the entrant’s entry form or any other Promotion submissions. Each entrant hereby grants Papaya a perpetual, unlimited, non-exclusive, royalty-free, right and license to use any or all of the foregoing in any manner as determined by us in our sole discretion.
All Promotions shall be subject to all applicable federal, state, and local laws and regulations, and are void where prohibited or restricted by law.
Papaya reserves the right to: (i) terminate or declare any Promotion null and void and rescind any prize, if in its sole judgment, the Rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person, whether or not a participant in the Promotion; (ii) alter or amend these Rules at any time; and/or (iii) stop or conclude any Promotion at any time without prior notice. Material changes to these rules will be posted on the Services, when practical.
Papaya shall be the sole arbiter in all matters relating to any Promotion and the interpretation of these Rules and the Terms of Use. The decisions of Papaya will be final as to all matters, including, without limitation, whether any entry submitted is valid or not. Entry into any Promotion constitutes agreement by entrants to abide by these Rules and the Terms of Use, as well as any other rules established by Papaya.
Any claims or disputes in connection with any Promotion and the construction, validity, interpretation and/or enforceability of these Rules shall be governed by, and construed in accordance with, the laws of the state of Missouri, without giving effect to any choice of law or conflict of law rules. Any and all disputes shall be resolved as set forth in section 17 of the Terms of Use (“Agreement to arbitrate/class action waiver”).
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE PAPAYA’ SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION OFFERED BY PAPAYA IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PAPAYA RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Facebook, Instagram, X ('Twitter') or any other social media site (collectively “Social Media Sites”) are not sponsors, endorsers, or affiliated in any way with the Promotions. All questions regarding the Promotions must be directed to Papaya, not to any Social Media Site. You agree as a condition of participating in the Promotion that you shall release Social Media Sites from any and all liability arising out of or relating to your entry, creation of an entry, submission of an entry, participation in the Promotion, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.
In addition, Neither Apple nor Samsung are sponsors of this Promotion and neither is affiliated with this Promotion in any way.
All Promotions offered by the and through the Services are sponsored by Papaya Gaming, If you have any questions regarding the operation or offering of any Promotion, please contact us at: support@papaya.com
A special Offer with a special bonus contains three possible rewards, and the probability of
receiving one reward is as follows:
Gems Reward: 33.33%, Up to 350 Gems
Cash Reward: 66.33%, Up to $4 Bonus Cash
Papaya Gaming Ltd. (“Papaya”, “we”, “our” or “us”) develops and operates social skill games for mobile environments ("Apps"). We also operate the website www.papaya.com, its subdomains and its related features (“Website”, and collectively with the Apps – the “Services”).
When you visit or access our Services, we use (and authorize third parties to use) cookies, pixels, beacons, local storage and similar technologies ("Tracking Technologies"). These allow us to automatically collect information about you, your device and your online behavior, in order to enhance your navigation in our Services, improve our Services' performance, perform analytics, customize your experience and offer you, for example, tailored content and advertisements that better correspond with your interests.
This Cookie Policy is integrated into and forms part of Papaya’s Privacy Policy which is currently available at: http://www.papaya.com/privacy-policy
Cookies are small text files (composed only of letters and numbers) that a web server places on your computer or mobile device when you visit a webpage. When used, the cookie can help make our Services more user-friendly, for example by remembering your language preferences and settings. You can find more information about cookies at www.allaboutcookies.org.
Cookies are widely used in order to make websites work in an efficient way. The use of cookies allows you to navigate between pages efficiently. Cookies remember your preferences and make the interaction between you and the Services smoother and more efficient. Cookies are also used to help ensure that the advertisements you see online are relevant to you and your interests.
Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account.
We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.
We store Tracking Technologies when you visit or access our Services (for example when you are visiting our Website or using our Apps) – these are called "First Party Tracking Technologies". In addition, Tracking Technologies are stored by other third parties (for example our analytics service providers, business partners and advertisers) who run content on our Services – these are called "Third Party Tracking Technologies".
Both types of Tracking Technologies may be stored either for the duration of your visit on our Services or for repeat visits.
When you use or access our Services, we use the following categories of Tracking Technologies:
Strictly Necessary Tracking Technologies – These Tracking Technologies are automatically placed on your computer or device when you access our Services or take certain actions on our Apps or Websites. These Tracking Technologies are essential to enable you to navigate around and use the features of our Services. We do not need to obtain your consent in order to use these Tracking Technologies.
Tracking and Advertising Tracking Technologies – These Tracking Technologies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The Tracking Technologies remember the websites you visit and that information is shared with other parties such as advertisers and/or publishers. Publishers, advertisers, and third-party ad networks may also utilize Tracking Technologies or similar technologies to deliver ads and monitor the performance of such ads. The collection of information through Tracking Technologies by such third parties will be governed by their own privacy policies/cookies policies and principles, which Papaya does not control.
Functionality Tracking Technologies – These Tracking Technologies allow our Services to remember choices you make (such as your language) and provide enhanced and personalized features. For example, these Tracking Technologies are used for authentication (to remember when you are logged-in) and support other features of our Services.
The following Tracking Technologies are used in connection with our Services. For additional information about any of the Third-Party Tracking Technologies, please visit the links of those companies provided.
Tracking Technologies | Type | Purpose |
Analytics Cookies | First party Tracking Technology | Performance Tracking Technologies These Tracking Technologies are used to collect information regarding how you interact with the content on our Services, analytics and attribution purposes (for example, the referral URL), etc. We use the information to compile reports, calculate the revenues due to us and, help us improve the Services and to offer personalized products and content. |
Functionality Cookies | First party Tracking Technology | Functionality Tracking Technologies These Tracking Technologies are used to remember your settings, language preferences and account status, to facilitate the completion of forms and other functionalities available on our websites (such as performing deposits or other actions), to manage our website’s content, to track media channels, to record previous messages you were presented with and to deliver promotions. |
Google Analytics | Third party Tracking Technology | Performance Tracking Technologies |
Google ReCAPTCHA | Third party Tracking Technology | Strictly Necessary Tracking Technologies These cookies are used to scan requests from bots. This is beneficial to our Website in order to make valid reports on the use of our Website. |
Third party Tracking Technology | Strictly Necessary Tracking Technologies; Tracking and Advertising Tracking Technologies | |
Third party Tracking Technology | Tracking and Advertising Tracking Technologies These cookies are used to deliver ads through our Websites and Apps. LinkedIn uses its own cookies to recognize you if you are browsing after being connected to your accounts. | |
Wix | Third party Tracking Technology | Strictly Necessary Tracking Technologies; Performance Tracking Technologies In addition, Specific cookies are used for security reasons, for user's login purposes, and for cookie banner parameters. |
Other cookies | First and Third party Tracking Technology | Strictly necessary Tracking Technologies |
There are various ways in which you can manage and control your Tracking Technologies settings. You can change your preferences using our cookie settings tool (however, please note that this tool may only be available in certain jurisdictions). Other methods of managing your Tracking Technology preferences includes changing your browser settings to send a “Do-Not-Track” signal. In such case, your browser will send us a special signal to stop tracking your activity; however, please note that certain features of the Website or Apps may not work properly or effectively if you delete or disable cookies or other tracking technologies.
To learn more about how can you manage your cookies, below is a list of useful links that can provide you with more information on how to manage your cookies:
You can learn more and turn off certain third party targeting and advertising cookies by visiting the following third-party webpages:
You can withdraw your consent to personalized advertising experience on your device at any time by using your device settings as follows:
On iOS, depending on the applicable iOS version, you may withdraw consent across all apps by either enabling the “Limit Ad Tracking” setting or disabling the “Allow Apps to Request to Track” permission in your iOS device settings. Depending on the applicable iOS version, instead of withdrawing consent on a device-wide basis, you may also have the option of withdrawing consent on a per-app basis by disabling tracking permissions for specific apps that appear under the “Allow Apps to Request to Track” setting in your iOS device settings (precise directions may differ depending on the applicable iOS version.)
On Android devices, you may withdraw your consent in the Google Ads settings within your Android settings by enabling the “Opt out of Ads Personalization” setting (precise directions and the name of the setting may differ depending on the applicable Android versions and device manufacturer).
If you have any further questions, please contact us by email at: support@papayagaming.com.
Papaya Gaming Ltd. (“Papaya”, “we”, “our” or “us”) develops and operates social skill games for mobile environments; "Apps"). We also operate the website www.papaya.com, its subdomains and its related features (“Website”, and together with the Apps – the “Services”).
Papaya is dedicated to protecting your privacy rights and making our practices regarding your Personal Data more transparent and fair. This Privacy Policy (“Policy”) is designed to help you understand how we collect, store, use and share your Personal Data. This Policy applies whenever you visit our Website, install or interact with our Apps, or otherwise access or use any of our Services. Please note that parts of this Policy may not be applicable to you, depending on the jurisdiction in which you reside and the applicable laws.
Specifically, this Policy describes –
We strongly urge you to read this Policy and make sure that you fully understand and agree to it. If you do not agree to this Policy, please discontinue and avoid using our Services. You have the right to cease using our Services, pursuant to this Policy, at any time.
You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience of using our Services.
This Policy is integrated into and forms part of the Papaya Terms of Use which are currently available at: https://www.papaya.com/terms-of-use
We collect Personal Data about you, meaning any information which potentially allows your identification with reasonable means (for example, email address or name, collectively "Personal Data"). This section sets out how and when we collect and process Personal Data about you.
Account Information. If you choose to register an account with our Services, we collect your full name, email address, phone number, birthdate and user nickname, as well as voluntary information, such as your profile picture. If you choose to log in, access or otherwise connect to the Services through a social networking service (such as Facebook, Twitter, Instagram, etc.), we may collect your user ID and/or username associated with that social networking service, as well as any information you make public using that social networking service or that the social networking service allows us to access.
Payment Information. When you decide to deposit money in our Apps, you will be required to provide us with your billing information. The information you will need to submit depends on which billing method you choose. For example, if you pay with a credit card, we will collect your card information.
Usage Information. When you use our Services, we collect technical information about your interaction with our Services. Such information may include gameplay recordings, geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), as well as other information which relates to your activity in the Services.
Communication Information. When you send us an email or contact us via the support in our Apps or Website, we collect the Personal Data you provide us. This may include your name, email address and any other information you choose to provide.
When you visit or access our Services, we use cookies, pixels, beacons, local storage and similar technologies ("Tracking Technologies"). These allow us to automatically collect information about you, your device, and your online behavior, in order to enhance your navigation in our Services, improve our Services performance, perform analytics, customize your experience, and offer you, for example, tailored content and advertisements that better correspond with your interests. You can learn more about our use of Tracking Technologies by visiting our Cookie Policy.
When you use or access our Services, we use the following categories of Tracking Technologies:
Strictly Necessary Tracking Technologies – These Tracking Technologies are automatically placed on your computer or device when you access our Services or take certain actions on our Apps or Websites. These Tracking Technologies are essential to enable you to navigate around and use the features of our Services. We do not need to obtain your consent in order to use these Tracking Technologies.
Tracking and Advertising Tracking Technologies – These Tracking Technologies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The Tracking Technologies remember the websites you visit and that information is shared with other parties such as advertisers and/or publishers. Publishers, advertisers, and third-party ad networks may also utilize Tracking Technologies or similar technologies to deliver ads and monitor the performance of such ads. The collection of information through Tracking Technologies by such third parties will be governed by their own privacy policies/cookies policies and principles, which Papaya does not control.
Functionality Tracking Technologies – These Tracking Technologies allow our Services to remember choices you make (such as your language) and provide enhanced and personalized features. For example, these Tracking Technologies are used for authentication (to remember when you are logged-in) and support other features of our Services.
Performance Tracking Technologies – These Tracking Technologies collect information about your online activity (for example, the duration of your visit on our Services), including behavioural data and content engagement metrics. These Tracking Technologies are used for analytics, research and to perform statistics (based on aggregated information).
How and by whom Tracking Technologies are stored on your device?
We store Tracking Technologies on your device when you visit or access our Services (for example, when you are visiting our Website) – these are called "First Party Tracking Technologies". In addition, Tracking Technologies are stored by other third parties (for example, our analytics service providers, business partners, and advertisers), who run content on our Services – these are called "Third Party Tracking Technologies". Both types of Tracking Technologies may be stored either for the duration of your visit on our Services or for repeat visits.
There are various ways in which you can manage and control your Tracking Technologies settings. You can change your preferences using our cookie settings tool (however, please note that this tool may only be available in certain jurisdictions). Other methods of managing your Tracking Technology preferences include: changing your browser settings to send a “Do-Not-Track” signal. In such case, your browser will send us a special signal to stop tracking your activity. However, please note that certain features of the Website may not work properly or effectively if you delete or disable cookies.
To learn more about how you can manage your cookies, below is a list of useful links that can provide you with more information:
You can learn more and turn off certain third party targeting and advertising cookies by visiting the following third-party webpages:
You can withdraw your consent to personalized advertising experience on your device at any time by using your device settings as follows:
On iOS, depending on the applicable iOS version, you may withdraw consent across all apps by either enabling the “Limit Ad Tracking” setting or disabling the “Allow Apps to Request to Track” permission in your iOS device settings. Depending on the applicable iOS version, instead of withdrawing consent on a device-wide basis, you may also have the option of withdrawing consent on a per-app basis by disabling tracking permissions for specific apps that appear under the “Allow Apps to Request to Track” setting in your iOS device settings (precise directions may differ depending on the applicable iOS version).
On Android devices, you may withdraw your consent in the Google Ads settings within your Android settings by enabling the “Opt out of Ads Personalization” setting (precise directions and the name of the setting may differ depending on the applicable Android versions and device manufacturer).
This section explains for what purposes we use your Personal Data and outlines the legal bases that underlie our usage.
Purpose | Legal Basis |
Provision of our Services; support. We use your Personal Data, such as your name and email address, for consumer services purposes. This includes, for example, responding to your inquiries. | The legal bases for processing this data are the performance of our contractual obligations towards you; your consent (for example, when you provide Personal Data); and our legitimate interests. Our legitimate interests in this case are provision of our Services and supporting our customers. |
Payments. We collect from our third-party payment processors certain information about your payment instruments for the purpose of connecting your payment instrument to your account on our Services, and sending you statements, invoices, and payment reminders. | The legal bases for processing this data are the performance of our contractual obligations; the protection of our legitimate interests, in this case provision of our Services; and compliance with legal obligations to which we are subject. |
Improve our Services. We collect and analyse information about you and your usage of our Services to improve the usability and effectiveness of our Services.
| The legal bases for processing this data are our legitimate interests, in this case – providing and improving our Services. |
Marketing and Advertising. We may use Tracking Technologies (which may collect Personal Data) in order to provide you with personalized advertisements when you visit our Services, including personalized and non-personalized advertising, as part of your current interaction with us. | The legal bases for processing this data are your consent (when required) and our legitimate interests. Our legitimate interests in this case are providing you with tailored services, content and advertisements that better correspond with your interests. |
Integrity. We may process certain information about you and your use usage of the Service in order to keep the integrity and security of the Services, prevent fraud, identify your identity and enforce our policies. | The legal bases for processing this data are your consent (where required), compliance with our legal obligations, and our legitimate interests. Our legitimate interests in this case are keeping the integrity of our Services and the safety of our end-users. |
Compliance with applicable laws. We process your Personal Data in order to comply with our legal obligation under applicable laws. | The legal basis for processing this data is compliance with our legal obligations and our legitimate interests. Our legitimate interests in this case are compliance with our legal obligations and assisting law enforcement agencies. |
Providing users with a fair, balanced, and competitive experience on our Services is extremely important to us. Therefore, we strictly enforce prohibitions against cheating, hacking, account stealing, and any other unauthorized or fraudulent activity. When you create an account, play our games, or otherwise interact with our Services, we may use a variety of anti-cheat and fraud prevention technologies to help us identify and prevent malicious activity. These services may collect and analyse data about the game binary or your computer to detect cheating, and may be provided by us or by third party service providers.
We may share, sell and disclose your Personal Data as described below:
In the 12 preceding months, we have collected and/or disclosed the following categories of Personal Data:
Category of Personal Information Collected | Personal Information Collected | Categories of recipients to whom Personal Information was disclosed |
Identifiers | Full name, email address, social media identifiers, username, birthdate, IP address, MAC, UDID, telephone number, debit or credit card number, passport or other government or state ID card number. | Affiliated companies Advertising networks Service providers |
Internet or Other Electronic Network Activity Information | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | Affiliated companies Advertising networks Service providers |
Geolocation Data | Physical location or movements, including the location of your device location or movement. | Affiliated companies Advertising networks Service providers |
Sources of Personal Data
In the 12 preceding months, we have collected the above-mentioned categories of Personal Data from the following categories of sources:
We may use your Personal Data ourselves or by using our third-party subcontractors for the purpose of providing you with promotional materials concerning the Services as well as products, services, websites and applications which relate to: (i) affiliated companies or Papaya's business partners and affiliates (collectively, “Marketing Affiliates”), which we believe may interest you.
You may at any time decline receiving further marketing offers from us or from our business partners and Marketing Affiliates by contacting us at support@papaya.com
Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications.
Depending on the jurisdiction in which you reside, you may have certain rights under relevant applicable laws regarding the collection and processing of your Personal Data. To the extent these rights apply and concern you, you can contact us via the contact details available below and ask to exercise the following rights.
You have the right to receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.
You have the right to request us to move, copy and transfer your Personal Data easily from one IT environment to another, in a safe and secure way, without affecting its usability.
You have the right to request rectification of your Personal Data in our control in the event that you believe the Personal Data held by Papaya is inaccurate, incomplete or outdated.
You have the right to request that Papaya erases or deletes Personal Data held about you at any time.
You have the right to request that Papaya restricts or ceases to conduct certain Personal Data processes at any time.
To the extent we process Personal Data on the basis of your consent, you have the right to withdraw your given consent at any time.
You have the right to request to limit the collection of your sensitive Personal Data, to that use which is necessary to perform our Services.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly effects to you.
In the event that we sell or share your Personal Data for behavioral advertising purposes, you have the right to submit a request to opt-out of the sale or share of your Personal Data. After you opt-out, we may continue disclosing some Personal Data to our partners to help us perform business-related functions such as, but not limited to, providing the Services, ensuring that the Services are working correctly and securely, providing aggregate statistics and analytics and preventing fraud.
You have the right to be free from any discrimination for exercising your rights, such as offering you different pricing or products, or by providing you with a different level or quality of services, based solely upon your request.
Please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. You are welcome to contact us for any questions or requests through our contact details below.
We will make an effort to reply within a reasonable timeframe. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can lodge a complaint with the applicable data protection supervisory authority.
Authorized agent
i) The authorized agent is a natural person or a business entity; and
ii) You sign a written declaration that you authorize the authorized agent to act on your behalf. If you use an authorized agent to submit a request to exercise your right, please provide us with a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.
i) Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized agent. We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you; and
ii) Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.
We operate globally, thus any information that we collect, disclose or share, including your Personal Data, can be stored and processed in various jurisdictions around the world, including (but not limited to) the European Economic Area, United Kingdom and United States, for the purposes detailed in this Policy.
To the extent that the GDPR or UK GDPR are applicable, we will only transfer or share your Personal Data to data recipients:
We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. Such breaches can lead to things such as reputational harm, fraud or identity theft. Therefore, we encourage you to exercise discretion regarding the Personal Data you choose to disclose. If you feel that your privacy was treated not in accordance with our Policy, or if any person attempted to abuse the Services or acted in an inappropriate manner, please contact us directly via our contact details available below.
We do not knowingly collect or solicit Personal Data from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Services, you certify to us that you are not under the Age of Consent. In the event we learn that we have collected Personal Data from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available below.
We will retain your Personal Data for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined to take into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.
We reserve the right to change this Policy at any time. The most current version will always be posted on our Services (as reflected in the “Last Updated” heading). You are advised to check for updates regularly. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Policy.
The Privacy Policy has been drafted in the English language, which is the original and controlling version of this Privacy Policy. All translations of this Privacy Policy into other languages shall be solely for convenience and shall not control the meaning or application of this Privacy Policy. In the event of any discrepancy between the meanings of any translated versions of the Privacy Policy and the English language version, the meaning of the English language version shall prevail.
The Company has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. If you have any questions about this Policy, please contact our Data Protection Officer (the contact details are available in the "Contact Us" section).
If you have any further questions, please contact us by email at: support@papaya.com.
Papaya Gaming Ltd.
35 Hamasger St.
Tel Aviv-Yafo
Israel
6721407
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If you reside in the EU, you may also contact our EU representative:
European Data Protection Office
via form: here
via mail:
Attn: EDPO, Avenue Huart Hamoir 71, 1030 Brussels, Belgium.
If you reside in the UK, you may also contact our UK representative:
EDPO UK Ltd.
via form: here
via mail:
Attn: EDPO UK, 8 Northumberland Avenue, London WC2N 5BY, United Kingdom
IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 18 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE ACCESS OR USE OF THE SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION 18 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
Introduction
These Terms of Use (“Terms”) constitute a binding legal agreement between Papaya Gaming Ltd. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, including but not limited to Papaya Gaming Inc. and Papaya Gaming UK Ltd. (collectively, “Papaya”, “we,” “our,” or “us”) and you (“you” or “your”), and govern your access and use of all features, content, and other services provided by Papaya, including without limitation our website https://www.papaya.com (“Website”) and gaming applications (“App(s)”; collectively with the Website, “Services“). All references to “you” or “your,” as applicable, mean the person who accesses, uses, or participates in the Services in any manner, and each of your heirs, assigns, and successors.
If you are located in or reside in the United Kingdom, these Terms constitute a binding legal agreement between Papaya Gaming UK Ltd and you.
By registering an account, participating in any competitions and tournaments and using or otherwise accessing the Services, you affirm that you have read, understood, accept and agree to be bound by these Terms (including the arbitration agreement and class waiver in Section 17), our Privacy Policy and our respective Promotion Rules (the “Rules”), each incorporated herein by reference. If you do not agree to these Terms, Rules, or the Privacy Policy, you may not register an account or otherwise use or access the Services.
Papaya’s Services include an online arena for mobile game challenges, Cash Competitions (as defined below) and cash tournaments, using applications, tools and services that we may provide from time to time. Certain features and competitions may require you to register with Papaya and create an account by providing us certain information about yourself.
All competitions and tournaments offered on the Services are games of skill. Winners are determined by the objective criteria described in the Rules, including without limitation, scoring and any other applicable documentation associated with the competitions. The individuals who better use their relevant skill and knowledge and accumulate the highest scores will be the winner(s). Papaya uses skill matching as a means for matching individuals in competitions. See here for more information about skill matching and its effect on game play. The Services may not be used for any form of gambling.
By using Papaya’s Services, you hereby agree and acknowledge your participation is not part of your business and that you are not using it for gambling purposes and is only and solely a hobby.
Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account.
We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.
Papaya’s Services are intended solely for users who are at least eighteen (18) years of age or older, and can form legal binding contracts under applicable law. Any registration, use of or access to the Services by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under 18 years of age, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof).
By accessing or otherwise using the Services, you represent and warrant that you: (i) are a natural person of at least 18 years of age or older, who is personally assigned to the email address and other information submitted in relation to your account; (ii) have the legal authority to form a binding contract with Papaya; (iii) are physically located in a jurisdiction in which participation in the competition you select is unrestricted by that jurisdiction’s laws; and (iv) agree to at all times abide by these Terms and all applicable laws. Papaya reserves the right to request proof of age at any stage to verify that persons under the age of 18 are not using the Services. If you do not meet all of these eligibility requirements, you are not permitted to access or use any of the Services and agree that you will not do so and that Papaya may suspend or close your account with or without notice.
By making a deposit or entering a cash contest, you further represent that you are not subject to backup withholding tax because: (i) you are exempt from backup withholding; (ii) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the IRS has notified you that you are no longer subject to backup withholding.
Certain parts within the Services may require you to register for an account. When you register for an account, you will be asked to provide certain information, including, without limitation: (i) registering a unique username and password; (ii) contact information, such as your name, phone number, and email address; (iii) payment and billing information; and (iv) any other information we request on the account registration form. You may establish, maintain, use and control only one account on the Services. Each account on the Services may be owned, maintained, used and controlled by only one individual.
You are responsible for keeping your account information secure. Please do not share your account information with anyone. By registering an account, you agree to notify us immediately if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to: (i) access or use your account; (ii) access or use the Services through your account; or (iii) accept or use prizes from your account. Except as required by law, neither your account nor prizes won from participating in competitions are transferable to any other person or account.
We reserve the right to verify your account registration details, such as name, address, age, and payment methods used, at any time, by requesting copies of certain documents, including an identity card issued by a government agency, proof of address such as a utility bill, or proof of your payment method. We may request that document copies are notarized by a Notary Public. In the event that a request for copies of documents is not completed by you, Papaya may, at its sole discretion, terminate your account and withhold any funds that are present therein.
You agree to: (i) promptly update the registration data to keep it accurate, current and complete; (ii) provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities; and (iii) comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us, either at the time you register for an account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers of age verification and identification services to verify your account.
We reserve the right at any time to investigate your account and the information provided pursuant to registration thereof, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations, and to ensure that no improper or illegal activity is or has taken place. By registering an account, participating in any competitions and tournaments and accessing or otherwise using the Services, you affirm consent to such. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice or liability.
In order to encourage users to succeed in our games, we may publish data relating to the most successful users in the games as well as winners of competitions that require an entry fee paid in the applicable currency in which they can win prizes in that currency (“Cash Competitions”), in our sole discretion, and as required by law. Publishing data relating to the most successful users will vary according to categories of users and statistics. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be viewable by all users of the game.
You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and prizes may govern your participation in competitions (“Gaming Laws”) and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction. Therefore, we do not offer Cash Competitions to users in any state in which such competitions violate its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions include: Arizona, Iowa, Louisiana, and South Carolina. For card-based games, additional Prohibited Jurisdictions include: Indiana, Maine and Montana. Users located in Michigan may pay to participate in skill-based competitions, but all competitions for Michigan- based users are only for fun, and award prizes in an in-game currency called “Bonus Cash” that cannot be redeemed for real money. Bonus Cash earned from playing in Michigan is treated differently than other forms of Bonus Cash earned elsewhere (see section on Bonus Funds below).
We reserve the right to include additional Prohibited Jurisdictions as determined in our sole discretion, and these Prohibited Jurisdictions are subject to change. In addition, Papaya has the right to monitor the location from which you access the Services and has implemented technical measures to block your use of the Services to the extent you are located in a Prohibited Jurisdiction.
You are solely responsible for your compliance with all applicable laws. Access to competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. Services and competitions are void where prohibited or restricted by applicable law. Your participation in competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block access from any Prohibited Jurisdiction.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, the Russian Federation, Belarus, Venezuela and the following region of Ukraine: the Crimea, Donetsk and Luhansk), any countries designated as an “enemy,” that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country upon Papaya’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., EU, UK or Israeli governments, or by the jurisdictions in which the Services were obtained.
The Services enable users to upload, post, transmit, or share content (“User Content”). This User Content may be used to produce additional User Content, either individually or collaboratively with other users, by extracting portions of User Content generated by other users. The User Content, which may include Papaya’s proprietary materials, is not verified or endorsed by us. The opinions expressed by other users on the Services do not reflect our values or opinions. To utilize features that permit you to upload or transmit User Content through the Services or to communicate with other users, you must adhere to the guidelines outlined in these Terms.
By uploading or sharing any User Content through the Services, you represent and warrant that you have, and you agree to grant us, all rights necessary to expressly grant to Papaya a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of all such User Content and without limitation any name, voice, image are/or likeness as contained in the User Content, in whole or in part, in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Papaya’s businesses.
Papaya reserves the right (but not the obligation) to remove, edit or refuse to transmit any Users Content for the purpose of enforcing these Terms, or for any other reason in Papaya’s sole discretion.
You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.
You may not (and shall not permit any third party to) either take any action, upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission (including User Content) on or through the Services that: (i) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Papaya may determine in its sole discretion; (ii) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party; (iii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; (iv) involves commercial activity not expressly permitted by Papaya; (v) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables unauthorized access to any system, data, password or other information of Papaya, its users, or any other individual or entity; (vi) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in a manner that sends more request messages to Papaya’s servers than a human can reasonably produce in the same period of time; (vii) impersonates any individual or entity, including, without limitation, employees or representatives of Papaya; or (viii) removes, infringes, violates, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill and third-party rights. You shall be solely responsible for any and all content of any kind that you make available (by uploading or otherwise) or use through the Services.
You represent and warrant us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, aids and abets, or displays behavior that may be interpreted, in our sole discretion, as unfair methods of participating in the Services, including but not limited to: (i) the opening of or access or use of multiple accounts; (ii) the use of unauthorized or altered software or hardware to assist play; (iii) intentionally poor play in certain games to achieve competitive advantage; (iv) collusion with other players (e.g., intentionally losing matches in Cash Competitions); (v) deliberate transfer of money between accounts (e.g., money laundering); (vi) harassment of other participants; (vii) posting objectionable material; breach of these Terms; breach of security of your account; or (viii) any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion). Such sanction may include, without limitation: (i) immediate termination of your account and blocking of your access to the Services; (ii) any prizes that you may otherwise have been entitled to receive shall be void and forfeited; and (iii) any prizes received by you shall be subject to disgorgement and recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity or suspected money laundering or other illegal activity to law enforcement and regulatory authorities.
Any attempt to deliberately damage the Services or undermine the legitimate operation of any competition is a violation of criminal and civil laws and should such an attempt be made, Papaya reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.
You further acknowledge that the forfeiture and return of any prize as a result of a violation of these Terms shall in no way prevent Papaya from pursuing criminal or civil proceedings in connection with any Abuse.
The Services may provide links to third-party websites, applications, services, offerings, products or other activities (“Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that Papaya endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is made at your own risk and shall be subject to the terms governing use of such Third-Party Services. You acknowledge that Papaya has no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third parties. You understand that when you click on these links any data that you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.
If you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Papaya only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries to these Terms.
By using the Services, you understand and agree that Papaya’s liability in connection with your use of the Services is as set forth below. Under no circumstances shall Papaya, its parents, subsidiaries, or affiliates, or the directors, officers, employees, agents, successors or assigns or other representatives of each of them (collectively, the “Papaya Entities and Individuals”), be liable to you or any other person for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to: (i) the Website, the Services, or your uploaded information; (ii) the use of, inability to use, or performance of the Services; (iii) any action taken in connection with an investigation by Papaya or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Papaya Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Papaya Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
In no event shall the Papaya Entities and Individuals’ total liability to you or any third parties for all damages, losses, or causes of action exceed in the aggregate one hundred U.S. Dollars ($100). The Papaya Entities and Individuals are not responsible for any damage to your and any third parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Papaya’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Papaya Entities and Individuals, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims, including, to the extent applicable, California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You acknowledge and agree that you assume full responsibility for your use of the Services and any other User Content you upload to or make available through the Services. You acknowledge and agree that your use of the Services is at your own risk. You acknowledge and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. The Services are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Papaya strives to keep its Services up and running; however, all online services suffer occasional disruptions and outages. All information provided on the platform is subject to change without notice.
In addition, Papaya is not responsible in any way for the games you play or for your Device, including for any communication or other errors in such games or Device, and such errors might be counted as losses in competitions you participate in. Papaya is not responsible for any User Content made available on the Services. Papaya does not provide any warranty regarding the Services, Website or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, latency or loss of internet connectivity, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Papaya does not warrant or guarantee protection from viruses or other computer system malware. Papaya does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Papaya does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that use of our Services will generate you any profits. We do not take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In such jurisdictions, liability of Papaya shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the content contained therein, such greater restrictions shall apply. This limitation of liability shall apply to third party claims as well as claims between the parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
All title, ownership and intellectual property rights in and to the Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items (as defined below), and any part thereof, including derivative works, of Papaya and other companies providing services to Papaya, are the property of Papaya or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Papaya or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.
You may choose to or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). You understand that your Feedback is gratuitous, unsolicited, and will not place Papaya under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (i) you have the right to disclose the Feedback; (ii) the Feedback does not violate the rights of any other person or entity; and (iii) your Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Papaya any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your account or the Services.
Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
The Services may include an opportunity to earn or obtain virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses, collectibles and chips - all for use in the Services (“Virtual Items”). Virtual Items can be either won or obtained within the Services. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.
Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Papaya or any other party. You understand that you have no right, title or property interest in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. Your acquiring of Virtual Items is final and is not refundable, transferable or exchangeable, except in Papaya’s sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items except as permitted from within the Services. You may not attempt to sell, give or trade in the “real world” anything that appears or originates in the Services, unless otherwise expressly authorized by Papaya in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services, without Papaya’s written permission. Doing so is a violation of these Terms. Any such transfer or attempted transfer is prohibited and void and may result in termination of your account and legal action taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Papaya retains the right to manage, regulate, control, modify and eliminate Virtual Items at its sole discretion, and Papaya shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Papaya may selectively remove or revoke Virtual Items associated with your account in its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. Papaya does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
You acknowledge that Papaya is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Papaya’s sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
Subject to these Terms, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and access the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms. You may not network the software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that is under your possession or control.
All fees and payments for Services that require such (“Fees”) shall be made known to you prior to entry in any competition or tournament. If you agree to enter a competition, you agree to pay those Fees associated with entry. All Fees must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.
We may require you to pay Sales Tax, Value Added Tax, and Goods and Services Tax, as required by applicable law. Please note that all taxes payable will be calculated and added on top of any withdrawal or deposit amounts, as applicable. You agree to pay us the applicable charges for any Fees, including applicable taxes incurred by use of your account, using a valid credit card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the Fees become payable. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
We may change Fees with or without notice to you. By providing us with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Services using your payment method. We may bill you: (i) in advance; (ii) at the time of purchase; or (iii) shortly after purchase, in our sole discretion. If you believe that you have paid any Fees in error, you must notify us within thirty (30) days after the error occurs. We will then promptly investigate the charge. If you don’t notify us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a Fee error, we will correct that error within ninety (90) days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
If you play a competition without depositing real money into your account for that competition, then you are a “Non-Cash Player” with respect to such competition. However, if you play in a Cash Competition, then you are a “Cash Player.” You may be placed in a Cash Competition with Cash Players who may have paid more or less than you to enter the competition, and may win a different prize that is more or less than the prize that you would win for a particular placement. The entry fees that other Cash Players pay (or the prizes that they may win) has no impact on the prizes you will receive, or the amount of your own entry fee. Nor will it affect the fact that you are playing against other Cash Players (and matched according to your skill level, using our skill-matching system), or that your ability to win a prize depends on your skill, and how well you perform against those other players. Certain competitions may conclude even if they do not meet the number of participants for which the competition was initially designed. This will not affect your entry fee or the pre-announced prizes you can win. As a Cash Player, you hereby acknowledge that we reserve the right to change the following at our sole discretion, without giving you prior notice: (i) any method for calculating the balance of or evaluating your funds; and (ii) any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees. Upon a withdrawal request, you may be required to submit the following current and correct information: your full name, your permanent residential address, copy of your governmental issued ID, your phone number, and your credit card or other payment information. Failure to provide the required information may result in our inability to process your withdrawal for any winnings. Participating in Cash Competitions may, in our sole discretion, require establishing a positive account balance prior to entry. If you are a Cash Player, by submitting this information, you consent to allowing us to share your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes as detailed in our Privacy Policy. In addition, Papaya reserves the right to issue or process withdrawals solely via payment methods supported by Papaya. If you make a credit card deposit, we may submit an authorization request to the issuing bank to your credit limit. In addition, your personal account (whether it’s a bank account, credit card, PayPal or other) may incur additional fees and commissions for receiving funds from your Papaya account. We are not responsible for paying those fees and commissions even if such fees or commissions exceed the withdrawn amount itself.
Papaya may allow you to withdraw your funds either in cash or in an alternative way, such as coupons, gift cards etc. offered by Papaya's third-party partners.
Papaya no longer offers games where you can win real money to people located in Michigan. However, you can still play for fun using the daily Gems that Papaya awards, or by playing for and with Bonus Cash that cannot be redeemed for real money. Bonus Cash earned in Michigan is subject to special rules that do not apply elsewhere to Bonus Funds as defined below. Users located in Michigan may withdraw any existing balance in their account by contacting our Customer Support team for assistance at terms-inquiries@papayagaming.com . Withdrawal of deposits for Michigan users will not forfeit your Bonus Cash. For purposes of the above paragraph of the Terms you are still considered a Cash Player if you have deposited real money in your account even if you use it to play in Bonus Cash tournaments.
If you are a Cash Player located outside Michigan then we may, from time to time in our sole discretion, grant you free bonus funds and credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in the applicable currency. If you withdraw funds from your account, you will forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within a continuous ninety (90) day period, all Bonus Funds in your account
will be forfeited.
If you are a Cash Player, you may request a withdrawal of funds from your available account balance at any time. Processing of requested funds may take up to ninety (90) days; provided, however, that we may freeze your account or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws.
Unless otherwise specified in the Rules, you must claim your prize within sixty (60) days of winning the competition. If you fail to claim your prize within sixty (60) days, Papaya reserves the right, in its sole discretion, to forfeit your prize. In the event that you forfeit your prize by failing to claim it within sixty (60) days, Papaya shall have no further obligation to you and, at Papaya’s sole discretion, may award the prize to another player.
If you choose to close your account, any funds in your account will be forfeited. If you want to withdraw funds from your account before closing it, you must request to do so prior to terminating your account. If we unilaterally close or terminate your account due to a violation involving fraud, illegal behavior, or cheating (as determined in our sole discretion) of these Terms, funds in your account may be forfeited and not returned to you.
If your account becomes inactive (i.e., you have not entered at least one (1) competition or tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 or €2.00 or £2.00 per month – according to the applicable jurisdiction (or any amount in the applicable currency up to the equivalent thereof, the “Monthly Maintenance Fee”). The Monthly Maintenance Fee will be deducted from your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account.
Unless otherwise required by law, all Fees are final and no refunds are given.
If you are eligible to receive prizes, we may require that you provide us with proof that you are, or were at the time of your participation in the competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the prize. If you receive a prize in error, we may reverse or require return of the prize. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are reviewed and graded, prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Papaya’s sole discretion.
Papaya reserves the right to cancel competitions at any time. In the event of a cancellation, all entry fees will be refunded to you except as specifically provided in these Terms or applicable competition rules.
Guaranteed prizes may be offered in connection with some of the competitions offered by the Services and will be made known in the Rules. Each competition is governed by its own set of rules. Papaya encourages you to read such rules prior to entry.
You must promptly notify us of any changes to the credit card account number provided to Papaya as part of account registration, its expiration date and your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and criminal prosecution.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may provide you with, or require you to provide, federal or state tax forms and other appropriate form(s). Without limiting the foregoing, we may withhold from your existing account balance and from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
If you win a Cash Competition, you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners pursuant to these Terms and the development, production, distribution and exploitation (including marketing and promotion) of the selected contest and other Papaya contests and Papaya generally, unless otherwise prohibited by law. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The Rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Papaya uses skill matching to pair customers with other players with similar skill. Matching up a beginner or intermediate player with an expert player is not fun for either player, therefore we try to find you opponents who are near your level of play. Skill levels are determined separately for each game and updated after each contest. Our matchups for you are based on several factors, including the following:
As your skill level increases, the difficulty of your matchups may increase as well. Your opponents may not all have the exact same skill level as you – you may often be matched with players of slightly greater or lesser skill. As you win more contests, your matchups may keep getting harder.
After your initial free tutorial games, you will only be matched with or play against human players in our contests. Papaya’s games undergo periodic testing by an independent third party to confirm that human players are not being matched with bots. A copy of our current certificate confirming that Papaya does not match players with bots can be found here.
Our games are designed to provide entertainment and challenge, serving as enjoyable pastimes rather than reliable sources of income. Consistently winning is unlikely, and while short-term success may be achieved, it's not guaranteed to continue over extended periods.
Please note that you may be matched with opponents from different jurisdictions, using different currencies. This will not impact the skill matching and the prizes offered to you.
You agree to defend, indemnify, and hold Papaya, its affiliates, officers, directors, agents, partners and employees harmless from any loss, damage, claim, liability, cost, demand and expense, including reasonable attorneys’ fees, arising in any way from your use of or access to the Services, including, without limitation: (i) any data or work transmitted or received by you; (ii) your violation of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any jurisdiction as applicable to you and Papaya; (v) any claims or damages that arise as a result of any of your user submissions or any other content that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any other claim made by any third party in connection with your use of the Services.
Papaya reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services, with or without notice. You agree that Papaya shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
We do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the Services for any particular length of time. We may change and update the Services without notice to you. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a competition or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.
These Terms apply from the date that you accept them as provided herein. You may terminate your Papaya account at any time and for any reason by sending us a support request at: terms-inquiries@papayagaming.com or following the instructions provided on the Website or Apps. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate.
Papaya may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms. Upon termination for any reason, your right to use the Services will immediately cease and you continue to be bound by these Terms.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Papaya relating in any way to or arising out of these Terms or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Section 18. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Papaya may have against each other are resolved.
Legal notices shall be served at the address provided in the contact section (in case Papaya is served) or your email address on file with us (in case you are served). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You and Papaya will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Papaya, the nature and legal basis for your or Papaya’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Papaya relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. If you reside in the US, the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If you reside in the UK, the Arbitration Act 1996 governs the interpretation and enforcement of this agreement to arbitrate. Otherwise, the Israeli Commercial Arbitration Law, 5784-2024, as amended, or, if the International Arbitration Law is deemed inapplicable, for any reason, the Israeli Arbitration Law, 5728-1968 shall govern the interpretation and enforcement of this agreement to arbitrate.
In all events, each party hereby knowingly, voluntarily and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitrate is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
Regardless of the jurisdiction in which you reside, except as provided in this section, you agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action whether in arbitration or litigation and the parties expressly waive their right to file a class action or seek relief on a class basis. Unless Papaya agrees otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Where Papaya does consent, consolidation may be allowed. In individual cases, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. In consolidated cases, the relief may cover the consolidated claims. Any relief awarded cannot affect third parties not involved in the individual or consolidated claims. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Papaya’s right to appeal the court’s decision. All other claims will be arbitrated.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
If you reside in the US, the arbitration will be conducted by the National Arbitration and Mediation (“NAM”) (under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement). If you reside in the UK, the arbitration will be conducted by the London Court of Internation Arbitration ("LCIA" under their rules and procedures as applicable). Otherwise, the arbitration will be conducted by the Israeli Institute of Commercial Arbitration except as they may be modified herein.
The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, including by setting reduced fees for consolidated cases, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction. The arbitration may also impose sanctions in accordance with NAM rules for any claims the arbitration determined to be frivolous or improper and to apply the standards set fort in Federal Rule of Civil Procedure 11.
The arbitration shall be held in Tel Aviv, Israel (London for UK residents or New York City for U.S. residents) or at another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in Section 20 regarding litigation. If the value of the relief sought is $10,000 or less, either you or Papaya may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Papaya, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
To the extent the filing fee charged to any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Papaya to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Papaya will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable arbitration rules and the arbitrator’s decision.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.
If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: terms-inquiries@papayagaming.com. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Papaya. If you opt-out of arbitration, Papaya also will not be bound to arbitrate. You agree that, if at some point in the future Papaya removes this Section 18 entirely, restoring the right to proceed in court, no opt out from that change would be required.
Changes to this Section: Papaya will provide 30 days’ notice of any material changes affecting the substance of this Section 18. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims are subject to the revised clause.
We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that we may notify you of any updated or new Terms by posting notice on the Services so that they are accessible via a link from the home page or by providing you notice at the email address associated with your account. Except as explicitly set forth herein, all such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Services.
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: (i) stop offering or supporting the Services or any particular game or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify or waive any fees charged in connection with the Services; and (viii) offer opportunities to some and all users of the Services. If that happens, Papaya is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.
For any dispute, including any petitions to compel arbitration, if you reside or use our Services in the US, these Terms shall be governed by and construed in accordance with the laws of the State of New York, US, without regard to conflict of law principles thereof. For all disputes not subject to arbitration, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York, US and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
For any dispute not subject to arbitration, if you reside or use our Services in the UK, these Terms shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the jurisdiction of the English Courts.
Otherwise, for any dispute these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.
Papaya’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Papaya will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
Any and all terms and conditions within these Terms that should, by their nature, survive termination of your account, will survive such termination, including: Compliance with Laws, Prohibited Uses, Limitation of Liability, Winnings, Account Funds and Payments, Prize Forfeiture, Indemnification, Papaya’s Intellectual Property Rights, Term and Termination, Agreement to Arbitrate/Class Action Waiver, and Governing Law.
You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Papaya may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. Notwithstanding the above, if you are located in or reside in the UK, Papaya will notify you in writing if any transfer, assignment, sub-license, or pledge occurs.
Papaya may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Papaya in our sole discretion. Papaya reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Papaya’s Privacy Policy.
The Terms posted on this page, and the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and Papaya. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You acknowledge that these Terms, and all related documents (including any Rules and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
If you have any questions about these Terms or Papaya’s Services in general, please contact us at: terms-inquiries@papayagaming.com. Subject to the content of your inquiry, Papaya may request that you provide additional information in order to allow the appropriate handling of your inquiry.
The most recent previous version of the Terms can be found here.