Terms and Conditions for Corked Vault

These Terms and Conditions (the “Terms”) constitute a binding contract between you and Corked Vault (“Corked Vault,” “we,” “us,” or “our”) governing your access to and use of the website at corkedvault.com and of everything we make available through it (collectively, the “Services”).

The Services encompass the facility to deposit credits, referred to throughout these Terms as “Credits,” which may then be used for the acquisition of virtual mystery packs, referred to throughout these Terms as “Packs.” A Pack, once opened, yields one physical bottle of wine or spirits, referred to throughout these Terms as a “Bottle,” drawn from the odds table published on that Pack. A Bottle held in your cellar may be shipped to you or sold back to us for Credits, in each case on the terms set out in Section 7.

Credits are denominated in United States dollars and are obtained by deposit alone. We do not issue any promotional or no-cost currency, and there is no second currency of any kind on the Service: a single Credits balance funds every Pack. Opening a Pack is a paid chance at an outcome, and the odds of every outcome are published on the Pack before you open it. We do not represent that the Bottle you draw will be worth what you paid for the Pack, and most opens return less than the Pack cost. Our Responsible Play page sets this out in plain terms and we ask you to read it.

It is important to acknowledge that the service is not available in the following states: Alabama, Florida, Georgia, Hawaii, Idaho, Kentucky, Michigan, Mississippi, Minnesota, New York, Nevada, North Dakota, Ohio, South Carolina, Tennessee, Vermont, Washington, West Virgina. and any other jurisdiction beyond the borders of the United States of America (hereinafter referred to as “the Prohibited Territories”).

You hereby affirm that you possess the requisite authority, power, and legal capacity to accept these Terms and to comply with them. Furthermore, you acknowledge that you are of legal age and that you have thoroughly read and comprehended the Terms in their entirety. It is imperative that you thoroughly review these Terms prior to providing your consent. By selecting the acceptance box, or by accessing the Games or establishing a Customer Account, you hereby acknowledge that you have reviewed and consent to be legally bound by these Terms.

1. Modifications to the Terms of Service and Associated Policies

1.1. Occasionally, we reserve the right to revise or amend these Terms as necessary. In the event that we proceed with such modifications or changes, it is imperative that these alterations be duly documented on the Site within the Terms of Service. We shall ensure that you receive a notification regarding any significant modifications to the Terms. You hereby acknowledge that you will be legally bound by any modifications made, irrespective of your receipt or review of such notifications. It is your obligation to review the Terms of Service as they are presented on the Site prior to accessing the Site or engaging in any Services. Your ongoing utilization of the Services subsequent to the posting of any modifications shall be interpreted as your additional consent and agreement to the Terms as altered or amended.

1.2. We reserve the right to modify or amend the Linked Policies periodically. Should we proceed with such modifications or changes, they will be duly reflected in the Linked Policies as published on the Site. You acknowledge and accept that you will be obligated by any modifications made, and it is your duty to review the Linked Policies as they are presented on the Site prior to accessing the Site or participating in any Services. Your continued utilization of the Services following the publication of any modifications shall be interpreted as your additional consent and agreement to the Linked Policies as they have been altered or amended.

1.3. If you have inquiries regarding these Terms or the Linked Policies, we encourage you to contact Customer Support for clarification and assistance.

1.4. In the occurrence of any discrepancies between the Terms and the Linked Policies, the Terms shall take precedence and govern the matter at hand.

2. Your Client Account

2.1. It is imperative to note that an individual is permitted to maintain a singular Customer Account. Should you initiate or endeavor to initiate the opening of multiple Customer Accounts, we reserve the right, at our sole discretion, to close or suspend all Customer Accounts that you have established or attempted to establish. Furthermore, any associated Credits, Bottles or prizes may be rendered void.

2.2. In the event that you lose access to your Customer Account, it is imperative that you refrain from creating a new Customer Account. Please reach out to customer support by utilizing the Contact Us form in order to initiate the recovery process for your existing Customer Account.

2.3. It is imperative that you maintain the accuracy and currency of your personal information at all times. In the event that you alter your address, email, phone number, or any other pertinent contact details or personal information, it is imperative that you promptly notify customer support. The name submitted during the registration process must correspond with any identification presented for the verification of your Customer Account.

2.4. As part of the registration process, you are obligated to select a password unless (i) you access your Customer Account via the Facebook® login option, in which event your Facebook® password shall be utilized, or (ii) you access your Customer Account through the Google® login option, in which case your Google® password shall be applicable.

2.5. The responsibility for the security of your Customer Account rests solely with you. You acknowledge and agree that you shall not disclose your Customer Account credentials or permit any third party to access or utilize your Customer Account without obtaining our prior written consent. Accessing or utilizing a Customer Account that has been rented, leased, sold, traded, or otherwise transferred from the original account owner is strictly prohibited.

2.6. In the event that you have reason to believe or suspect that the security of your Customer Account has been compromised, including but not limited to the unauthorized disclosure of your password or any other pertinent Customer Account information, it is imperative that you notify us without delay.

2.7. You bear the obligation to maintain the confidentiality of your Customer Account information and acknowledge your accountability for all activities associated with the Customer Account, including any transactions, regardless of whether such transactions were authorized by you. You bear the obligation to guarantee that no child or individual under the age of twenty-one is permitted to access or utilize your account.

2.8. We retain the authority to terminate your Customer Account should it remain inactive for a duration of sixty days or more. You acknowledge that we are under no obligation to provide you with prior notice before undertaking such actions; however, we reserve the right to do so at our discretion.

2.9. Should you desire to terminate your Customer Account, we kindly advise you to reach out to customer support for assistance. Terminating your Customer Account will lead to the loss of all access rights and entitlements to utilize, enjoy, or derive benefits from any Credits or Bottles linked to your Customer Account.

2.10. We maintain the authority to decline or terminate a Customer Account at our exclusive discretion.

2.11. We reserve the right to exercise our discretion in restricting Customer Account registrations to one account per IP address.

2.12. You hereby provide your consent to receive marketing communications from us regarding Corked Vault and all other brands that we offer. We reserve the right to communicate with you through various channels, including but not limited to email, postal mail, SMS, and other forms of telephone communication. Should you desire to terminate your subscription to our marketing communications, we kindly request that you reach out to customer support for assistance.

3. Conditional and Revocable Authorization

3.1. Credits are the sole medium of exchange on the Service. Credits are deposited by you in United States dollars, are held as a balance on your Customer Account, and may be used for the acquisition of Packs and for any other paid feature we make available through the Services. Credits are not issued at no cost as a promotional currency, may not be obtained by any means other than a deposit to your own Customer Account, and confer no rights upon you beyond those set out in these Terms.

3.2. Credits are a record of the balance held on your Customer Account for use within the Services. They are not legal tender, they are not a deposit, they are not a bank account, and they are not an investment. They bear no interest and carry no entitlement against us other than the entitlement to use them within the Services and to request a withdrawal in accordance with Section 6. Where these Terms refer to a balance, the reference is to your Credits balance.

3.3. In alignment with the stipulations outlined herein, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Service exclusively for your individual, private entertainment purposes. In addition to the aforementioned limited, personal, revocable, non-transferable, and non-sublicensable license granted for the use of Credits in conjunction with the Services, it is expressly stated that you possess no rights or title to any Credits that may appear or originate from the Services, nor to any other attributes associated with the use of the Services or stored within the Services. You acknowledge and consent that your authorization to utilize the Service is confined to the stipulations outlined in these Terms. Should you violate or act contrary to these Terms, your authorization to use the Service may be revoked immediately at our exclusive discretion.

3.4. The provisions outlined herein do not confer upon you any rights, titles, or interests in the Service.

3.5. We maintain the authority to regulate, control, modify, and/or eliminate Credits as we deem appropriate, in our exclusive discretion, to the fullest extent permitted by law. Furthermore, we shall not be held liable for any actions taken in the exercise of these rights.

3.6. The act of transferring or selling Credits or Bottles to any third party is unequivocally prohibited. The sale or assignment of your Customer Account to any other individual is strictly prohibited under all circumstances. Any attempt to engage in such conduct will constitute a breach of these Terms, leading to the termination and forfeiture of the Customer Account, and may also result in a permanent prohibition from the Services, along with potential legal repercussions.

3.7. All transactions involving Credits, including the acquisition of a Pack, are conclusive and non-refundable. The terms governing refunds, forfeiture and reimbursement are set out in full in our Refund Policy, which forms part of these Terms.

4. The criteria for qualifying to utilize the Service

Your continued access to the Service is contingent upon your adherence to these Terms, specifically:

4.1. You affirm that you are at least twenty-one (21) years of age, or the minimum legal age at which alcohol may lawfully be purchased or received in your jurisdiction of residence, whichever is greater. Twenty-one is the floor in every jurisdiction in which we operate, and it applies to the whole of the Service without exception: to the opening of a Pack, to the holding of a Bottle, to the receipt of a shipment, and to entry into any Sweepstakes under Section 20. Furthermore, you confirm that, in accordance with the relevant laws applicable to you, you are legally permitted to participate in the Games and to access the Service.

4.1.1. Your date of birth is collected at registration and is verified against this requirement before a Customer Account is created. We may require documentary proof of age at any time under Section 10, and a Customer Account found to belong to a person under twenty-one (21) years of age will be closed, its Credits and Bottles forfeited, and no reimbursement provided.

4.2. You acknowledge and accept that we are unable to furnish you with any legal counsel or assistance. It is your exclusive obligation to ensure that you are consistently in compliance with the applicable laws and that you possess all necessary legal rights to utilize the Service.

4.3. You are not a resident of, nor will you access the Games or Service from, any Prohibited Territories.

4.4. Your participation in the Games is undertaken solely in your individual capacity and is intended exclusively for recreational and entertainment purposes.

4.5. All information provided to us during the duration of these Terms shall be truthful, comprehensive, and accurate.

4.6. You shall refrain from engaging in any fraudulent or unlawful activities concerning your participation in any of the Games. Furthermore, you shall not employ any software-assisted methods or techniques, including but not limited to automated programs, commonly referred to as “bots,” for your involvement in any of the Games. We retain the authority to invalidate any participation should such conduct occur.

5. Limitations pertaining to the utilization of the Services

5.1. This Service is provided to you under a license agreement and is not subject to sale. You hereby acknowledge and agree that we, along with our licensors, possess all rights, title, and interest in and to the Service, encompassing all intellectual property rights as detailed in Section 11. Furthermore, you recognize that we maintain ownership of the Service, even subsequent to its installation on your device. You hereby consent to the following terms:

• It is imperative that you do not delete or in any manner alter any copyright, trademark, or other proprietary rights notices or markings that may be present on the Service.
• Engage in the sale, leasing, distribution, transfer, licensing, sub-licensing, lending, or any other form of assignment of rights pertaining to any portion of the Service to any third party;
• The actions of copying, modifying, or creating derivative works of the Service, which encompasses any software integral to the Service, are permitted, including but not limited to the making of adaptations or modifications to the Service.
• It is prohibited to disassemble, decompile, reverse engineer, or make any attempts to derive the source code of the Service, either in its entirety or in part. Furthermore, no authorization shall be granted to any third party to engage in such activities, unless expressly permitted by applicable law.
• duplicate the Service or any portion thereof in any format or through any method;
• engage in any unauthorized use of the Service, including but not limited to, trespassing or imposing undue strain on network capacity;
• The Service shall be made accessible to multiple users through various methods, including but not limited to, uploading the Service to a file-sharing platform or any other hosting service, or by facilitating access over a network that permits simultaneous use by multiple devices.
• falsely represent the origin of ownership of the Service;
• extract, construct databases, or in any other manner produce permanent reproductions of any material obtained from the Service; or
• Utilize the Service in any way that constitutes harassment, abuse, stalking, threats, defamation, or any other infringement or violation of the rights of another party.

6. Depositing Credits and Financial Transactions

6.1. The name linked to your payment method must correspond with the name you have registered for your Customer Account. Should it come to our notice that a discrepancy exists between the two, your Customer Account may face suspension, deposits may be rendered void, and any Credits balance may be adjusted or eliminated as deemed appropriate. It is imperative that you notify us without delay should your payment mechanism be lost, stolen, or if you have any reason to suspect that it has been compromised in any manner.

6.2. You hereby acknowledge and consent to our right to designate one or more third-party entities, hereinafter referred to as “a Payment Agent,” to facilitate the processing or execution of payments to or from you on our behalf, at our discretion and with or without prior notification.

6.3. Upon your acceptance of these Terms, you grant us and/or our Payment Agents the authority to securely store your payment credentials in compliance with applicable payment processing regulations.

6.4. The Payment Agent shall possess identical rights and privileges as we do, and may exercise or enforce such rights either as our representative or in their own capacity. We shall not be held responsible for any loss, damage, or liability arising from the negligence of the Payment Agent and/or actions taken that exceed the authority granted to them by us.

6.5. In the event that a chargeback request is initiated concerning one or more of your Credit deposits, please be advised that your account will be subject to suspension. Should this situation arise, the sum associated with the chargeback will constitute a debt owed to us, and you are obligated to remit payment via an alternative payment method.

6.6. All deposits of Credits by you shall be conducted exclusively in United States dollars.

6.7. The addition of Credits to your account shall occur immediately, barring any delays attributable to external circumstances, including but not limited to inadequate internet connectivity, internet disruptions, or power outages.

6.8. The account statement will reflect the transaction as originating from “Corked Vault.”

6.9. Upon the completion of your deposit of Credits, you will be provided with two forms of confirmation: (i) a confirmation displayed on your screen; and (ii) an email sent to the address linked to your account.

6.10. Upon successful login to your Customer Account, your Credits balance will be prominently displayed in the upper right corner of your screen, accessible on both mobile and desktop platforms.

6.11. Credits shall become void and unenforceable following a period of sixty (60) consecutive days during which the account remains inactive. In the context of this matter, the term “Inoperative” signifies the absence of any activity on the Customer Account involving Credits, including the opening of a Pack, a deposit, the sale of a Bottle, or a withdrawal request.

6.12. Credits deposited to your Customer Account carry a playthrough requirement of one (1) times. You must therefore have wagered, in total, an amount at least equal to the total amount credited to your Customer Account before any withdrawal may be made. Both figures are cumulative over the life of the Customer Account: the amount credited is the sum of every confirmed deposit together with any bonus Credits awarded to you, and the amount wagered is the sum of the price of every Pack you have opened. The sale of a Bottle back to your balance is not a wager and does not count toward the requirement.

6.12.1. Your progress against the playthrough requirement is displayed to you on the withdrawal screen, and the amount outstanding is shown before you submit a request. A withdrawal request made before the requirement has been satisfied will be declined. The requirement exists to prevent the Service being used to pass funds through without play, and it is not a forfeiture: Credits remain yours to wager, and the requirement is met by ordinary play.

6.13. You may request the withdrawal of your Credits balance to a destination you nominate. Withdrawal requests are reviewed manually and are subject in every case to the verification checks described in Section 10 and to the playthrough requirement in clause 6.12; we may decline a request, or hold it, until those checks have been completed to our satisfaction. Withdrawals are made exclusively in United States dollars.

6.14. In the event that you believe you have been billed in error, it is imperative that you notify us promptly. Should you fail to raise a billing error within thirty (30) days of its first appearance on a statement, the charge shall be deemed accepted by you for all purposes.

6.15. We treat the fraudulent use of a payment method with the utmost seriousness. Should it be established that you have deposited Credits using a payment method obtained unlawfully or by fraudulent means, your Customer Account will be terminated and the relevant law enforcement authorities will be notified.

6.16. Customer Support is available twenty-four (24) hours a day, seven (7) days a week. Access is facilitated through the Contact Us page by submitting a request form.

7. Packs, Bottles and Redemption

7.1. A Pack is a virtual mystery pack acquired with Credits. Each Pack publishes, on the Pack itself and before you open it, the complete list of Bottles it may yield together with the probability of each. That published odds table is the whole of what a Pack is, and nothing outside it forms part of the Pack. The price of a Pack is displayed at the point of acquisition and is deducted from your Credits balance at the moment you open it.

7.2. Opening a Pack constitutes a paid chance at an outcome and is final once made. We make no representation, and you should not assume, that the Bottle you draw will be worth the price of the Pack. The published odds carry a margin in our favour, and most opens return less than the Pack cost. A Pack is entertainment spending; it is not an investment and it is not a means of acquiring Bottles at a discount.

7.3. The outcome of a Pack is determined before any animation is drawn. The reel, its motion, and the Bottles shown passing through it are presentation alone: they are not a record of what you nearly drew, they carry no indication of what a subsequent open will do, and they have no bearing whatsoever upon the result. Images of Packs and of Bottles are illustrative, and a Bottle you receive may differ in label, vintage, presentation, or packaging from the image displayed.

7.4. Every open is provably fair and independently verifiable by you. A server seed is committed as a hash before you open, is combined with your client seed and an incrementing nonce, and the complete record is made available on the verify panel and within your account history. You may rotate your client seed at any time. Verifiability is an undertaking as to honesty; it is not a representation as to your return.

7.5. A Bottle drawn from a Pack is credited to your cellar. You may thereafter either request that it be shipped to you or sell it back to us for Credits at the sell-back rate displayed at the time of sale. The sell-back rate returns less than the listed value of the Bottle, and the total value of a cellar is accordingly not equivalent to a Credits balance.

7.6. Shipment is available exclusively to addresses within the United States, excluding the Prohibited Territories. You are obliged to supply a complete and accurate recipient name and delivery address; where you fail to do so, we may cancel the request and return the Bottle to your cellar, and we shall bear no responsibility for any failure or delay in delivery attributable to the information you have supplied. Delivery of a Bottle requires the signature of an individual aged twenty-one (21) years or over, and we may decline to ship where a carrier or any applicable law does not permit the shipment of alcohol to your address.

7.7. Where a Bottle cannot be sourced, has been mispriced, or has been described in error, we may decline the shipment request and instead credit your Credits balance with the value of the Bottle as displayed at the time of the request. Bottles are valued at the moment you seek to ship, sell, or otherwise dispose of them, and not at the moment they were drawn.

7.8. Should a Bottle arrive damaged, or be lost in transit, please contact us at support@corkedvault.com. We may require that a damaged Bottle be returned to us, at our cost, before a replacement or a credit is issued, and we may require reasonable evidence of non-delivery before treating a Bottle as lost.

7.9. A Pack may be subject to supplementary rules published alongside it on the Service. It is incumbent upon you to review the odds table and any such supplementary rules prior to opening a Pack.

8. Grievances

8.1. If you find yourself dissatisfied with the Service, you may initiate contact by selecting the “Contact Us” link on the Site and duly completing the provided form.

8.2. All grievances or claims are required to be submitted for evaluation within a period of three (3) months from the occurrence that prompted the grievance.

8.3. In order to safeguard your privacy, it is imperative that all communications are conducted using the email address associated with your registered Customer Account. This correspondence must encompass the following elements: your user identification number; your full name (as it appears on your Customer Account); a comprehensive account of the complaint or claim; as well as any pertinent dates and times related to the complaint or claim, if applicable.

8.4. Omission of the information specified in section 8.3 may result in a delay in our response to your complaint or claim. We will respond at the earliest opportunity.

8.5. We will endeavor to address your complaint or claim in a timely manner. If the outcome does not meet your expectations, you have the option to initiate arbitration as delineated in Section 16.

9. Promotional Material

9.1. All promotions, contests, and special offers, including any sweepstakes we may run under Section 20, shall be governed by these Terms, by the official rules published for the promotion in question, and by any supplementary terms that may be disseminated at the time of the promotion, contest, or special offer.

9.2. We retain the authority to rescind or modify any promotions at our exclusive discretion and without any prior notification to you.

9.3. We maintain the authority to exclude you from any promotions, contests, or special offers at our exclusive discretion, with no obligation to provide justification for such actions.

9.4. We maintain the authority to disqualify you from any promotions, contests, or special offers should we determine that you have attempted to participate using multiple Customer Accounts or are involved in any fraudulent or unlawful conduct, including actions that contravene the laws applicable in your local jurisdiction, regardless of whether you would have won or might have won absent such conduct. In instances where multiple entries or accounts are identified, we retain the authority to suspend such accounts and to withhold any associated promotional benefits.

9.5. You hereby acknowledge and agree to grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to utilize, in any manner we deem appropriate, any content you post or publish in connection with a promotion, contest, or competition, without the necessity of further acknowledgment of your authorship.

10. Verification of Customer Identity

10.1. We reserve the right to perform any necessary verification checks, including but not limited to credit background checks and identity checks, as may be reasonably required or mandated by applicable laws, regulations, or relevant regulatory authorities. You are obligated to adhere to all verification checks promptly and without delay.

10.2. Your ability to open or utilize a Customer Account may be subject to restrictions until such time as we have completed verification checks to our satisfaction.

10.3. The necessary documents may encompass identification materials (including photographic identification) such as a government-issued ID, a utility bill that corresponds with the address on your Customer Account, and documentation pertaining to the source of wealth or source of funds, which may include a payslip or bank statement. Failure to furnish any requested document in the specified format within a period of forty (40) days from the initial request may result in the deactivation or restriction of your Customer Account at our sole discretion.

10.4. We reserve the right to engage third-party service providers to conduct external identification, location verification, and other verification checks utilizing the information you provide periodically. In order to gain access to your Customer Account or utilize the Service, it is imperative that you enable and permit “Location Services” on your device or personal computer.

11. Intellectual Property Rights

11.1. The provisions outlined herein solely confer upon you the right to utilize the Service, and do not transfer any ownership rights or any other interests pertaining to the Service.

11.2. All rights, title, and interest, including but not limited to any copyright, patent, trade secret, or other intellectual property rights associated with the Service shall remain exclusively with us, or, in instances where such rights are licensed from a third party, shall remain the exclusive property of that third party.

11.3. Your engagement with the Games shall not confer upon you any proprietary rights in the intellectual property therein. The titles, source and object codes, game client and server software, the overall aesthetic of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, Customer Accounts, themes, objects, characters and their likenesses, character names and profile information, narratives, dialogue, catch phrases, locations, artwork, animation files, images, graphics, documentation, gaming history and recordings of gameplay, transcripts of any chat rooms, and moral rights, whether registered or not, along with all applications related to the aforementioned, shall remain the exclusive property of us or any third-party supplier of the Games.

11.4. Notwithstanding any contrary understanding, you hereby acknowledge and consent that you shall possess no ownership or proprietary interest in the Customer Account. Furthermore, you recognize and agree that all rights pertaining to the Customer Account are and shall perpetually remain the exclusive property of us, benefiting solely our interests.

11.5. Our users are obligated to uphold the intellectual property rights of third parties, and we anticipate their compliance with this expectation. If you believe that your work has been reproduced in a manner that contravenes copyright legislation, or if you suspect that your rights have been compromised or infringed upon in any capacity through the Site, we urge you to inform us by utilizing the Contact Us form.

11.6. To facilitate our assistance, it is imperative that you include the following details in your notification:

• A signature, whether physical or electronic, from the owner of the right in question, or from an individual duly authorized to represent the owner, is required.
• A detailed account of the copyrighted material or other rights that you assert have been infringed or violated;
• Details adequate to identify the specific material in question on the Site;
• Your name, address, telephone number, email address, and any additional information that is reasonably necessary to facilitate our ability to contact you.
• A declaration made, subject to the penalties associated with perjury, asserting that you possess a bona fide belief that the utilization of the material is not sanctioned by the legitimate owner, their representative, or applicable law; and
• A declaration made, subject to the penalties associated with perjury, asserting that the information provided in your notification is truthful and that you either hold the ownership rights claimed to be infringed or are duly authorized to act on behalf of the rightful owner.

11.7. Before proceeding with your notification, it is imperative to evaluate whether the utilization of the copyrighted material in question falls under the protections afforded by the Fair Use doctrine. Should your notification be deemed unjustified, you may incur liability for costs and attorneys’ fees.

12. Liability for Client Material

12.1. It is imperative that you adhere to all relevant legal statutes and regulations when producing any content associated with your utilization of the Services. You agree to refrain from submitting to the Service, or transmitting to other users of the Service, any material that could be characterized as defamatory, inaccurate, abusive, obscene, offensive, sexual in nature, aggressive, harassing, racially offensive, illegal, or that infringes upon the rights of any third party.

12.2. It is imperative that you refrain from providing any false, misleading, or inaccurate information to us or to any other user of the Service.

12.3. We reserve the right to delete any customer content at our sole discretion and without prior notice; however, we are under no obligation to exercise this right. We disclaim any liability for the actions of users within the Service, as well as for any customer content they provide.

12.4. You are granting us a sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and utilize any User Content. This includes the right to incorporate such content into other works in any form, media, or technology currently known or developed in the future.

12.5. You hereby provide us with an unrestricted right to utilize and exploit your name, likeness, and any other information or materials contained within any User Content, as well as in relation to any User Content or your Customer Account, without any obligation to you. You relinquish any rights of attribution and any moral rights you may possess in your User Content, unless such waiver is expressly prohibited by applicable law.

12.6. You recognize that any User Content you submit is entirely your responsibility, and you assume full liability for any risks that may arise from it. The Service does not provide any assurances regarding the backup or retention of User Content transmitted therein.

12.7. The Service expressly prohibits content that includes, but is not limited to:

12.7.1. The advocacy of racism, bigotry, hatred, or any form of physical harm directed towards any group or individual is strictly prohibited.

12.7.2. Material that constitutes harassment;

12.7.3. Material that is deemed to be sexual or otherwise offensive in nature;

12.7.4. Advocating for acts of terrorism or inciting religious animosity;

12.7.5. Conduct that is unlawful or characterized by abusive, threatening, obscene, or defamatory behavior;

12.7.6. Unauthorized use of commercial material from our organization; or

12.7.7. Promotional material that endorses the offerings of an alternative enterprise or rival entity.

12.8. Should you come across any materials within the Service that you deem to be offensive, hateful, harassing, or otherwise in violation of our policies, you are encouraged to inform us by sending an email to support@corkedvault.com.

13. Websites and Content from Third Parties

13.1. The Service may include hyperlinks to content that is owned and/or managed by third parties. This may encompass entities that extend invitations for participation in promotional offers or rewards programs, as well as third-party advertisers or payment service providers. Any charges or liabilities that may arise from your interactions with these third parties shall be solely your responsibility. We disclaim any responsibility for third-party services or content and assert that we do not exercise control over any materials provided therein.

13.2. The presence of a link to a third-party website, services, or content within the Service should not be construed as an endorsement, advertisement, or promotion of those websites, services, or content, nor of any materials associated therewith. We expressly disclaim any guarantees regarding the content, functionality, or accuracy of any third-party website.

13.3. By engaging with a third-party website, services, or content, you acknowledge that we do not exert any control over these entities and consequently bear no responsibility for their actions or content. It is important to note that external websites may engage in the collection of data or request personal information from you. We disclaim any responsibility for the privacy policies of third-party sites, as well as for the collection, use, or disclosure of any information that those sites may gather. It is imperative that you thoroughly review and comprehend the terms of service and privacy policy relevant to any third-party website, services, or content you may engage with.

13.4. We hereby disclaim any endorsement, assumption of liability, or responsibility for any third-party products, services, materials, or websites in relation to you or any other individual. It is imperative to acknowledge that the third party in question bears exclusive responsibility for all goods and services rendered to you, as well as for any and all damages, claims, liabilities, and costs that may arise, whether directly or indirectly, in whole or in part.

13.5. By utilizing third-party social networking platforms to engage in discussions regarding the Service, including but not limited to Facebook® and Twitter®, you hereby acknowledge and consent to the following terms:

• Any content that you publish on social networking platforms is governed by the applicable terms and conditions of that particular website.
• It is imperative that you refrain from posting any comments that may be characterized as false, misleading, deceptive, or defamatory regarding us, our employees, agents, officers, or other Players; and
• We disclaim any responsibility or liability for comments or content posted by you or others on social networking platforms.

14. Disruptions, Errors, and Omissions

14.1. No warranties are provided.

THE SERVICES, IN THEIR ENTIRETY OR IN PART (INCLUDING, BUT NOT LIMITED TO, ALL CONTENT AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, WE EXPRESSLY DISCLAIM ANY WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE RECTIFIED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) REGARDING THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY INFORMATION OR MATERIALS RELATED TO THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL SATISFY YOUR REQUIREMENTS; OR (F) THAT ANY TRANSMISSIONS OR DATA WILL BE SECURE.

14.2. Exceptions

In certain jurisdictions, legal provisions may restrict the ability to disclaim warranties, liabilities, or damages. Consequently, some of the aforementioned disclaimers or limitations may not be applicable to your situation. In those jurisdictions, our warranties and liabilities will be confined to the fullest extent allowable under the relevant laws.

14.3. We disclaim any liability for downtime, server disruptions, errors, lagging, or any technical or political disturbances affecting the Service or Games. Furthermore, we are not responsible for any attempts by you to engage through methods, means, or ways that deviate from our intended use.

14.4. We hereby disclaim any liability for damages or losses that may arise from delays or interruptions in operation or transmission, the loss or corruption of data, failures in communication or lines, misuse of a Service by any individual, or any errors or omissions associated with the Service.

14.5. Should a malfunction occur within the Services, all gameplay conducted on the Service shall be rendered void.

14.6. In the event that an error or malfunction arises during gameplay, all actions and outcomes resulting from said error or malfunction shall be rendered null and void.

14.7. We retain the authority to eliminate any component of the Games from the Service at our discretion and at any given time. Any aspect of the Games that demonstrates improper conduct impacting game data, Credits balances, or any other balances, which may arise from misconfiguration or a software defect, shall be nullified and eliminated from the Service. In instances where errors have occurred, we reserve the right to modify player balances and account details accordingly to rectify such mistakes.

14.8. We reserve the right to temporarily suspend the entirety or any portion of the Service for any reason, at our exclusive discretion. We may provide you with notice of such suspension, but we are not obligated to do so, and any notice given will be as much in advance as is reasonably practicable. The Service shall be reinstated at the earliest opportunity that is deemed reasonable following the aforementioned temporary suspension.

14.9. We reserve the right to declare participation in a Game null and void, either in whole or in part, if, at our sole discretion, it is evident that an error, mistake, misprint, or technical malfunction has occurred regarding the pay-table, win-table, minimum or maximum stakes, odds, or software.

14.10. In the event that you receive an erroneous allocation of Credits, Bottles, or prizes due to (a) human error; (b) any bug, defect, or error within the Service; or (c) the malfunction of any Games not adhering to the established rules, we shall not be held responsible for the issuance of such Credits, Bottles, or prizes. You acknowledge and accept that any Credits, Bottles, or prizes mistakenly credited to your Customer Account will be deemed null and void.

14.11. We retain the unequivocal authority to render a decision in the occurrence of any inconsistency between the outcome displayed on a user’s device and that of the server software. The authority to acknowledge the outcome displayed on the server software as the official and controlling result is encompassed within this discretion.

15. Indemnification and Liability Limitations

15.1. To the fullest extent allowed by relevant legal statutes, neither we nor our subsidiaries, affiliates, officers, employees, agents, partners, or licensors shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, wasted expenditures, costs associated with obtaining substitute goods or services, loss of goodwill, or other intangible losses arising from:

15.1.1. your ability to access, utilize, or the lack thereof regarding the service;

15.1.2. any actions or materials presented by third parties on the service, which encompasses, but is not limited to, any content, products, or services offered by advertisers, affiliate advertising networks, rewards program operators, or payment providers with whom we may collaborate, as well as any other users of the service;

15.1.3. any content and/or information acquired from the service or reliance on the service or any component thereof;

15.1.4. Any unauthorized access, use, or alteration of materials or content, regardless of whether such actions are predicated on warranty, contract, tort (including negligence), or any other legal theory, shall be considered without regard to our prior knowledge or the reasonable foreseeability of such damages.

15.2. In certain jurisdictions, the governing law may prohibit the limitation or exclusion of liability, as well as incidental or consequential damages. Consequently, the aforementioned limitation or exclusion may not be applicable in your case. The aforementioned limitation of liability shall be enforced to the maximum extent allowable under the law within the relevant jurisdiction. These terms do not eliminate or override your rights as a consumer that are established by mandatory legal provisions.

15.3. To the fullest extent allowed by relevant legal provisions, our overall liability and/or that of our affiliates shall be confined to the total sum you have remitted to us during the one hundred and eighty (180) days immediately prior to the date on which you initially raise any such claim.

15.4. We disclaim any liability for damages or losses that may arise from or be associated with viruses, bugs, human actions or inactions, malfunctions of any computer systems, phone lines, hardware, software, or programs, as well as any errors, failures, or delays in computer transmissions or network connections resulting from your access to or use of the services. We are unable to provide any assurances regarding the continuous, uninterrupted, or secure access to the Service.

15.5. We disclaim any responsibility for damages, claims, liabilities, or costs that you may experience or incur in relation to any content, products, or services provided by third parties with whom we collaborate.

15.6. You hereby waive and release us, along with our subsidiaries, affiliates, partners, officers, directors, employees, and agents, from any and all liabilities that may arise from or be related to any actions or omissions of third parties in connection with your utilization of the service.

15.7. You shall indemnify and hold us harmless from any claims or demands, including reasonable attorneys’ fees, asserted by any third party that arise from or relate to your use of or access to the Service, your breach of these Terms, or your violation of any applicable law or the rights of any third party. No provision within these Terms shall be interpreted as excluding or limiting your liability concerning any indemnity provided by you under these Terms.

15.8. No provision in these Terms shall serve to restrict our liability for any death or personal injury arising from our negligence or intentional misconduct.

16. Resolution of Disputes and Consent to Arbitration for All Controversies

16.1. Binding arbitration and the waiver of class actions.

PLEASE BE ADVISED OF THE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS, WHICH MANDATE THAT YOU SUBMIT ANY DISPUTES WITH CORKED VAULT TO ARBITRATION AND LIMIT YOUR OPTIONS FOR SEEKING REMEDIES. THESE TERMS OF SERVICE APPLY TO ALL CLAIMS YOU MAY HAVE, WHETHER THEY EXIST AT THE TIME YOU ACCEPT THIS AGREEMENT OR MAY ARISE IN THE FUTURE. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU HAVE THE OPTION, AS OUTLINED BELOW, TO EXCLUDE YOURSELF FROM THESE ARBITRATION AND CLASS WAIVER PROVISIONS. THIS ACTION MUST BE TAKEN WITHIN THIRTY (30) DAYS OF ENTERING INTO THIS AGREEMENT, OR YOU WILL FORFEIT YOUR RIGHT TO OPT-OUT.

The aforementioned provisions prohibit you from pursuing any class, collective, or representative action against Corked Vault. Participation in or receipt of relief under any past, pending, or future class, collective, or representative action against Corked Vault by another party is also prohibited. Furthermore, arbitration eliminates your ability to initiate a lawsuit in court or to obtain a jury trial.

16.2. The extent of the arbitration clause.

You and Corked Vault acknowledge and agree that any dispute, claim, or controversy arising from or related to your access to or use of any Corked Vault Site (including Services) or these Terms of Services (including, without limitation, any dispute regarding the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Services) (hereinafter referred to as a “Dispute”) shall be resolved through arbitration. This includes claims that may have arisen prior to the acceptance of any version of these Terms that includes an arbitration provision. However, it is expressly noted that neither you nor Corked Vault is obligated to arbitrate any Dispute in which either party seeks equitable or other relief concerning the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Furthermore, in the occurrence of any disagreement regarding the scope or applicability of the Arbitration Provisions outlined in these Terms, both you and Corked Vault acknowledge that the arbitrator shall possess the exclusive authority to determine his or her own jurisdiction over the Dispute. This includes addressing any objections related to the existence, scope, or validity of the arbitration agreement, as well as the arbitrability of the claims or counterclaims that are part of the Dispute.

The parties recognize that the stipulation within this Section to resolve any Disputes through arbitration on an individual and case-by-case basis constitutes a distinct agreement under the Federal Arbitration Act, separate from the Terms herein. The purported invalidity of the Terms of Services shall not impact the enforceability of our mutual agreement to arbitrate any Disputes as outlined in this Section. Furthermore, should any part of the section titled “Dispute Resolution and Agreement to Arbitrate All Disputes” be found to be inapplicable or invalid, the remaining provisions shall continue to be enforced in accordance with Section 18.3 of these Terms.

16.3. Waiver of Class Relief.

Regardless of whether the dispute is adjudicated through arbitration or in a court of law, you and Corked Vault hereby agree to refrain from initiating any class action, class arbitration, mass action, or any other representative action or proceeding. Furthermore, both parties expressly waive their respective rights to engage in any class action. By entering into this agreement, you relinquish your right to participate in any past, present, or future class action or any other consolidated or representative proceeding, including those that may exist as of the date you consented to these Terms of Service.

The decision rests with you, and you are not obligated to depend exclusively on the information contained within these Terms of Service. It is crucial to undertake appropriate measures to perform additional research and to seek legal advice (at your own cost) concerning the implications of your decision.

16.4. OPTION TO OPT OUT. SHOULD YOU NOT HAVE PREVIOUSLY CONSENTED TO AN ARBITRATION PROVISION RELATING TO YOUR USE OF OUR SERVICE, YOU ARE ENTITLED TO OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY ADHERING TO THE INSTRUCTIONS PROVIDED BELOW. FAILURE TO OPT OUT WITHIN THIRTY (30) DAYS OF ENTERING INTO THIS AGREEMENT WILL RESULT IN THESE TERMS APPLYING RETROACTIVELY TO ALL CLAIMS YOU MAY HAVE, REGARDLESS OF WHETHER THEY HAVE BEEN ASSERTED TO DATE OR NOT.

16.5. PROCEDURE TO OPT OUT OF ARBITRATION. SHOULD YOU CHOOSE NOT TO CONSENT TO THIS SECTION OF THE TERMS OF SERVICE THAT MANDATES ARBITRATION AND A CLASS ACTION WAIVER, AND IF YOU HAVE NOT PREVIOUSLY CONSENTED TO AN ARBITRATION PROVISION IN RELATION TO YOUR USE OF OUR SERVICE, IT IS IMPERATIVE THAT YOU, WITHIN THIRTY (30) DAYS OF ENTERING INTO THIS AGREEMENT, CLICK ON THE FOLLOWING LINK FOR ARBITRATION OPT OUT AND PROVIDE ANY REQUESTED DETAILS. ***ANY REQUEST TO OPT OUT SUBMITTED AFTER THE 30-DAY PERIOD SHALL BE DEEMED INEFFECTIVE.***

16.6. Location of Arbitration and Applicable Rules. The parties, you and Corked Vault, hereby consent to the arbitration taking place in Wilmington, Delaware. Participation in the proceedings may be conducted via telephone. Furthermore, the arbitration shall be overseen by a single arbitrator, adhering to the Commercial Rules established by the American Arbitration Association (“AAA”), with modifications as stipulated in these Terms of Service.

16.7. Authority of Arbitrator. Except for class procedures and remedies as previously outlined under “Waiver of Class Relief,” the arbitrator is empowered to provide any remedy that would typically be accessible in a court of law.

16.8. Confidentiality. Both parties, you and Corked Vault, are obligated to uphold the confidentiality of the arbitration proceedings and the resulting arbitration award. This includes the arbitration hearing itself, except in instances where disclosure is essential for the preparation or conduct of the arbitration hearing on the merits. Additionally, disclosure may be warranted in relation to a court application for preliminary relief, a judicial challenge to the award or its enforcement, or as mandated by applicable law or judicial ruling.

16.9. Allocation of Arbitration Fees. In the event that you initiate a Dispute as an individual, your obligation will be limited to the payment of arbitration fees amounting to $250 in relation to any arbitration conducted under this section. Furthermore, Corked Vault shall assume responsibility for all additional costs imposed by AAA or the arbitrator, up to a maximum of $5,000. It is important to note that you will remain liable for your own attorneys’ fees.

Each party is responsible for its own expenses incurred during the arbitration process. Should any part of this section titled “Binding Arbitration and Class Waiver” be deemed inapplicable or invalid by a court, the remaining provisions shall continue to be enforceable and effective.

17. Limitations Period of One Year

17.1. Disputes and Claims Must be Raised Within One Year. It is mutually acknowledged that any claims or lawsuits, irrespective of their nature, that arise from or are connected to the Service or these Terms of Services must be initiated within ONE (1) YEAR from the date of the action, omission, event, or occurrence that gives rise to the claim or suit. After this period, such claims shall be deemed time-barred and prohibited, regardless of any extended time frames that may be stipulated by applicable laws or statutes regarding limitation or repose.

18. Various Provisions

18.1. Entire Agreement. The provisions set forth herein represent the complete and exclusive agreement between you and us concerning your utilization of the Services. This agreement supersedes any prior or contemporaneous communications and proposals, whether conveyed in digital, verbal, or written form, relating to your engagement.

18.2. Force Majeure. We shall not be held liable or responsible for any inability to perform, or any delay in performance, of our obligations under these Terms that arise from circumstances beyond our reasonable control.

18.3. Severability. In the event that any provision of the Terms, or any segment thereof, is adjudicated to be invalid by a court possessing appropriate jurisdiction, such provision shall be considered severable. This determination shall not compromise the validity or enforceability of the remaining provisions of these Terms, which shall continue to be in full force and effect.

18.4. Assignment. These Terms are strictly personal to you and shall not be assigned, transferred, or sublicensed by you under any circumstances. We retain the right to assign, transfer, or delegate any of our rights and obligations under these Terms to any third party without any prior notification to you.

18.5. Business Transfers. In the occurrence of a change in control, merger, acquisition, or asset sale, your Customer Account and the related data may be included among the assets that are transferred to the purchaser or acquiring entity.

18.6. Waiver. The failure of either party to enforce any breach or violation of these Terms, or to exercise any rights under these Terms, shall not be interpreted as a waiver or relinquishment of such rights, nor shall it be construed as a waiver or relinquishment of such rights in the future.

18.7. Taxes. You bear the exclusive responsibility for the payment and reporting of all taxes associated with your utilization of the Service.

19. Governing Law and Jurisdiction

19.1. GOVERNING LAW. The parties hereby acknowledge and consent that this Agreement, along with the Services provided herein, shall be governed by and construed in accordance with the laws of the State of Delaware, USA, excluding any principles pertaining to conflicts of law.

19.2. In accordance with the arbitration provisions set forth in Section 16, the parties hereby agree that any dispute, controversy, or claim arising from or related to these Terms, including any breach, termination, or invalidity thereof, shall be exclusively submitted to the courts located in Delaware. Both parties consent to the personal jurisdiction and venue of such courts. However, it is important to note that any motion to compel arbitration or to enforce an arbitral award issued pursuant to these Terms may be presented before any court that possesses competent jurisdiction.

20. Promotions and Sweepstakes

From time to time we may run special promotions, including sweepstakes and other promotions (collectively, the “Sweepstakes”). A Sweepstakes is separate from the Packs described in Section 7, is not acquired with Credits, and forms no part of the paid Services. FOR ANY SUCH SWEEPSTAKES, NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

Official rules. Each Sweepstakes carries its own rules (the “Rules”), published on and reachable from the entry page for that Sweepstakes. The Rules set out the method of entry, the prize or prizes, the entry period, and any special terms applying to that Sweepstakes. Where the Rules for a Sweepstakes and these Terms conflict, the Rules govern that Sweepstakes.

Eligibility. Unless the Rules state otherwise, a Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age at the time of entry, excluding residents of the Prohibited Territories. Our employees, and the immediate families and households of our employees, are not eligible. Void where prohibited.

Sponsor. Every Sweepstakes is sponsored by Corked Vault (the “Sponsor”).

Agreement to the Rules. By entering, you agree to be bound unconditionally by the Rules, you represent and warrant that you satisfy the eligibility requirements set out above, and you agree to accept the decisions of the Sponsor as final and binding in all matters relating to the Sweepstakes. You waive any right to claim ambiguity in the Sweepstakes or in the Rules.

Entry period. Every Sweepstakes carries a stated start date and end date. An entry is eligible only where it is received within that period according to the Sponsor’s own clock. Unless the Rules state otherwise, the end time is 11:59pm Eastern time, irrespective of daylight saving. The Sponsor is not responsible for a misdirected or late entry.

Entries. Unless the Rules state otherwise, one entry is permitted per natural person per Sweepstakes. Any attempt to obtain more than the stated number of entries, whether by the use of multiple or different email addresses, identities, registrations, logins, or by any other method, voids that entrant’s entries and may result in disqualification. The use of any automated system to enter is prohibited and will result in disqualification. In the event of a dispute as to an entry, the authorised holder of the email address used to enter will be deemed the entrant, and may be required to furnish proof that they are that holder.

Prizes. A winner receives the prize set out in the Rules. The approximate retail value of a prize will vary and will be stated in the Rules. Prizes are non-transferable, no cash equivalent may be requested, and no substitution will be made save at the Sponsor’s sole discretion; the Sponsor reserves the right to substitute a prize of equal or greater value for any reason. Any prize pictured in promotional material may be for illustrative purposes only, and the prize you receive may differ in appearance. Where a prize is a Bottle, Section 7.6 governs its shipment, including the requirement for a signature by an individual aged twenty-one (21) years or over.

Taxes. Winning a prize may be a taxable event, depending upon its approximate retail value and upon the number of prizes you have won within a calendar year. Any taxes are the sole responsibility of the winner, and a winner is free to decline a prize. Where a winner accepts a prize that triggers a tax reporting obligation, an IRS Form 1099 will be issued for the approximate retail value of the prize. All federal, state, and other tax liabilities arising from a Sweepstakes, together with any other expense associated with the receipt or use of a prize, rest solely with the winner.

Odds. The odds of winning a Sweepstakes depend upon the number of eligible entries received before the end of the entry period. This is distinct from the odds published on a Pack, which are fixed and stated on the Pack itself.

Winner selection and notification. Winners are notified in the manner set out in the Rules for the Sweepstakes entered. The Sponsor’s decisions as to the administration and operation of a Sweepstakes, and as to the selection of winners, are final and binding.