FUNPLUS GENERAL LOOTBOX CAMPAIGN TERMS AND CONDITIONS
Last updated: 1 January 2025
1. LOOTBOX CAMPAIGN
1.1 The promoter and organiser of the lootbox campaign (“Lootbox Campaign”) is FunPlus International AG, a company registered in Switzerland and located at Bahnhofstrasse 2, 6300 Zug, Switzerland, with commercial register number CHE-406.512.803 (“FunPlus“, “us”, “our” or “we”). These general lootbox campaign terms and conditions (“Lootbox Campaign T&Cs”) govern the legal relationship between FunPlus and you (referred to in these Lootbox Campaign T&Cs as “you”, “yours” or “Participant”) in relation to the Lootbox Campaign.
1.2 By participating in the Lootbox Campaign, you agree to be bound by (cumulatively):
1.2.1 the Campaign rules applicable to the Lootbox Campaign as published at the relevant Lootbox Campaign interface (“Campaign Rules”);
1.2.2 these Lootbox Campaign T&Cs;
1.2.3 our Terms of Use; and
1.2.4 our Player Privacy Policy.
By participating in the Lootbox Campaign, you confirm that you are at least 18 years old and you confirm that you are not a resident of China, South Korea, the Netherlands or Belgium.
1.3 All information detailed on any of FunPlus’ websites, digital platforms, games or apps (collectively “FunPlus Channels“) relating to the requirements for any particular Lootbox Campaign shall form part of these Lootbox Campaign T&C’s. In the event of any discrepancy or conflict between these Lootbox Campaign T&Cs and the Campaign Rules (whether or not published on the FunPlus Channels), the order of precedence will be: (1) the Campaign Rules whether or not published on the FunPlus Channels; (2) the Lootbox Campaign T&Cs; and (3) the Terms of Use and Player Privacy Policy.
2. ELIGIBILITY
2.1 The Lootbox Campaign is only open to Participants located in the jurisdictions set out in the Campaign Rules and as stipulated in clause 1.2 of these Lootbox Campaign T&C’s.
2.2 Age verification mechanisms are in place to ensure compliance with local laws.
3. LOOTBOX CAMPAIGNS
3.1 A lootbox campaign is defined as a campaign including virtual items that, when opened, provide you with randomised rewards, which may include, by way of example, in-game currency, items, or other benefits.
3.2 Participants are responsible for all actions taken under their account, including but not limited to transactions made by minors using a Participant’s account credentials.
3.3 The odds of the Lootbox Campaign are defined in the Campaign Rules. FunPlus reserves the right to adjust the odds for future lootboxes in the Lootbox Campaign. Such changes will be updated in the Campaign Rules and the Lootbox Campaign website and communicated to Participants before any new lootbox purchases can be made.
3.4 Where a player suffers in respect of any Lootbox Campaign any Material Technical Errors and/or unauthorized purchases as defined in this clause 3.4, the player may be eligible to (a) replacement lootboxes; or (b) a full or partial refund of those purchases of lootbox made as part of a Lootbox Campaign so affected. The decision to award replacement lootboxes or a full or partial refund will be determined by FunPlus, acting reasonably and at all times taking into consideration all applicable factors including cases of suspected fraud or abuse. A request for replacement lootboxes and/or a refund will not be considered with respect to any opened lootbox unless the existence of a Material Technical Error has been confirmed. “Material Technical Errors” are defined as material technical errors that result in the incorrect delivery or non-delivery of lootbox items, however, excluding any technical errors caused by either the Participant or any third party digital platform (e.g. App Store or Google Play), as well as any issues caused by “Force Majeure” (as is defined in clause 4.2 below), are excluded from eligibility of a refund or replacement lootboxes, where permitted by applicable law.
3.5 Subject to applicable laws in your region, any requests based on clause 3.4 above must be submitted within thirty (30) days of the lootbox purchase. FunPlus will endeavour to review and respond to the request within ten (10) business days.
3.6 Spending limits may be imposed to protect players from excessive in-game spending. These limits will be enforced automatically and can vary based on your region.
4. LIMITATION OF LIABILITY
4.1 By participating in the Lootbox Campaign, each Participant (and any minor Participant’s parent or legal guardian) agree that FunPlus and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing agencies, website providers and each of their respective officers, directors, shareholders, employees, representatives, designees and agents (“Released Parties”) will not, to the extent permitted by the applicable laws in any circumstances be responsible or liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the Lootbox Campaign or of taking up a prize except where it is caused by the negligence of FunPlus or cannot be excluded by the applicable laws. Further, FunPlus is not responsible for any undelivered messages or e-mails, including without limitation, in-game messages, e-mails that are not received because of an Participant’s privacy or spam filter settings that may divert a winner notification or other Lootbox Campaign-related e-mail to a spam or junk folder. Participant`s statutory rights are not affected.
4.2 By entering the Lootbox Campaign, each Participant (and any minor Participant’s parent or legal guardian) agrees: (i) to the extent permitted by the applicable laws, to waive any rights to claim ambiguity with respect to these Lootbox Campaign T&Cs; and (ii) to the extent permitted by the applicable laws, to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, damage, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Lootbox Campaign, including, but not limited to, any Lootbox Campaign-related activity or element thereof, participation or inability to participate in the Lootbox Campaign; (b) the violation by the Participant of any third-party privacy, personal, publicity or proprietary rights, including but not limited to defamation, copyright and trademark infringement; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or wilful misconduct in connection with the use of a prize (or any component thereof); (d) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (e) the negligence or wilful misconduct by the Participant.
If, for any reason, the Lootbox Campaign is not capable of running as planned or if the prize is not available, or the integrity and or feasibility of the Lootbox Campaign is severely undermined by any event beyond the control of FunPlus, including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of FunPlus (each a “Force Majeure” event or occurrence), FunPlus reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify or suspend the Lootbox Campaign and/or proceed with the Lootbox Campaign. If FunPlus elects to alter the Lootbox Campaign as a result of a Force Majeure event, a notice will be posted by FunPlus.
WITHOUT LIMITING THE FOREGOING, UNLESS PROHIBITED BY APPLICABLE LAWS, EVERYTHING REGARDING THE LOOTBOX CAMPAIGN IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5. GENERAL
5.1 Personal information: FunPlus will only process your personal information as set out in its Player Privacy Policy solely for the purpose of your participation in the Lootbox Campaign. Your personal information will be automatically deleted one (1) month following the end of the Lootbox Campaign unless you have given us your explicit consent for continued processing.
5.2 Breaches: If there is any reason to believe that there has been a breach of these Lootbox Campaign T&Cs or the Campaign Rules, FunPlus may, at its sole discretion, reserve the right to exclude you from participating in the Lootbox Campaign.
5.3 Right to void, cancel, amend: FunPlus reserves the right to hold void, suspend, cancel, or amend the Lootbox Campaign where it becomes necessary to do so, including if any law or regulation is inconsistent with these terms or where any law or regulation makes FunPlus’ performance of these terms impossible, unlawful, illegal or unethical.
5.4 Partial validity: If any provision of these Lootbox Campaign T&Cs or the Campaign Rules or
any word, phrase, clause, sentence, or other portion thereof is held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Lootbox Campaign T&Cs and the Campaign Rules valid and enforceable. The invalidity or unenforceability of any provision of these Lootbox Campaign T&Cs and the Campaign Rules or any prize documents will not affect the validity or enforceability of any other provision. No Participant shall have the right to modify or amend these Lootbox Campaign T&Cs or the Campaign Rules. FunPlus’ failure to enforce any term of these Lootbox Campaign T&Cs or the Campaign Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect.
5.5 English language prevails: These Lootbox Campaign T&Cs are drafted in the English language and may be translated into other languages. The English language version of these Lootbox Campaign T&Cs shall prevail if there is a conflict, inconsistency or clarification required with other language versions.
5.6 Where a Lootbox Campaign is made available in any other territory, the Campaign Rules may set out additional terms that will apply to Participants from those territories. Where necessary, applicable territory-specific terms will take precedence over any other terms in these Lootbox Campaign T&Cs.
6. GOVERNING LAW & DISPUTES
6.1 These Lootbox Campaign T&Cs and the Campaign Rules shall be governed by the laws of Switzerland, and the parties submit to the non-exclusive jurisdiction of the courts of Zug, Switzerland. This choice of law does not deprive the Participant of the protection afforded under the laws of their jurisdiction of residence and such provisions that cannot be derogated from by agreement or virtue of the law of their jurisdictions of residence.
6.2 In case of any disputes relating to (a) these Lootbox Campaign T&Cs and the Campaign Rules, (b) the Lootbox Campaign, (c) the awarding or redemption of any prize, and/or (d) the determination of the scope or applicability of our agreement to arbitrate, please refer to section “Disputes” in our Terms of Use.
6.3 FOR PARTICIPANTS RESIDING IN THE USA OR CANADA: Section “Disputes for U.S. and Canadian Users Only in Terms of Use applies.
7. CONTACT
7.1 If you would like to bring a matter to our attention, please contact any of the campaign-specific support email addresses listed here.