MGM Slots Live Box of Fortune Leaderboard Tournament Rules

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM PRIZES. YOUR PLACE IN THE TOURNAMENT WILL BE BASED ON THE TOTAL NUMBER OF POINTS YOU ACQUIRE DURING THE TOURNAMENT PERIOD. YOUR PLACE IN THE TOURNAMENT WILL NOT BE BASED ON CHANCE (I.E. NOT ON THE OUTCOME OF ANY GAMES PLAYED). YOUR ACCUMULATION OF POINTS IS BASED SOLELY ON THE NUMBER OF VIRTUAL CHIPS YOU PLAY IN THE GAMES.

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES, TO THE EXTENT PERMITTED BY LAW, THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND PARTICIPANTS AGREE TO ONLY PURSUE CLAIMS AGAINST PLAYSTUDIOS AND TOURNAMENT ENTITIES AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

BY PARTICIPATING IN THE TOURNAMENT, YOU AGREE TO THESE RULES.

TOURNAMENT OVERVIEW.
1. The Tournament. The “MGM Slots Live Box of Fortune Leaderboard Tournament” (the “Tournament”) is an in-app competition hosted by PLAYSTUDIOS, in the MGM Slots Live! app that will take place between the following START and END times:
  - Semi Finals
    - Start: December 20, 2025, 01:30:00 a.m. PT
    - End:December 22, 2025, 01:30:00 a.m. PT.
  - Finals
    - Start: December 22, 2025, 07:00:00 a.m PT
    - End: December 23, 2025, 07:00:00 p.m. PT.
2. Tournament Rooms. The Semi-Finals of the Tournament will consist of multiple separate “Rooms” in which up to approximately 200 participants will compete against only those participants in the same Room. Participants will be assigned to their Room based in part on their game-play with other participants from similar levels of game engagement, as determined by PLAYSTUDIOS in its sole discretion. In the Finals, all participants will compete in one of two separate Finals Rooms.
3. Event Cycles. Each Room will have a specific start and end time for the Semi Finals and the Finals, visible via an in-app countdown timer (its “Event Cycle”). This timer will indicate the duration of each Event Cycle. Participation is limited to the time specified for each Event Cycle.
4. Scoring & Game Participation. Participants obtain points by playing virtual chips in any game in MGM Slots Live. Each one (1) virtual chip played will be counted as one (1) point. Only chips played during an active Event Cycle will count toward the accumulation of points for the Leaderboard for the relevant Room. The scores for participants in the Finals Room will be reset to zero at the start of that Event Cycle. Participants can track their rankings in real-time via the in-app Tournament leaderboard.
5. Leaderboard. Each Room will have a leaderboard (the “Leaderboard”). The Leaderboard will rank the highest scores of participants during the Room’s Event Cycle.
6. Semi-Finals Winners. The top five (5) participants with the most points on the Leaderboard at the end of the Event Cycle for their Room during the Semi Finals will be deemed the winners of that Room and will advance to the Finals Event Cycle to play in one of the two Finals Room.
7. Finals Winners. The top one (1) participant with the most points on the Leaderboard at the end of the Event Cycle in each of the two Finals Room will be deemed a winner of the Tournament for that Finals Room.
8. Ties. In the event of a tie, prizes will be awarded to the participant who accumulated the highest number of points first.

PRIZE. Subject to verification of eligibility and compliance with these Official Rules, the winners of the Finals Rooms will receive a “Box of Fortune” that will be delivered to the winner’s home. The Box of Fortune will include either a Pink Ticket or a Golden Ticket (a “Ticket”).

Each Ticket represents one chance to win a Prize in a drawing to be held live on YouTube HERE on January 8, 2026, at 5:00 p.m. PT where all of the Prizes listed below will be awarded (the “Live Drawing”).

Between 100 and 106 Tickets will be awarded during the month of December in various promotional Box of Fortune events in PLAYSTUDIOS Apps and on social media, of which up to 15 will be Golden Tickets.

At the Live Drawing, Tickets awarded to participants of all Box of Fortune promotional events will be randomly selected and the Ticket holder awarded one of the following Prizes. The odds of a Ticket holder winning any Prize is approximately 1:106.

Prizes for Box of Fortune Tickets (Pink and Golden)

Prize	Quantity
2025 Volkswagen Tiguan or $10,000 Cash Gift Card	1
Atlantis Bahamas Package (Three-night stay at Atlantis Paradise Bahamas, $100 Freeplay, $150 Food and Beverage Credit, $500 Airfare Gift Card)	3
Home Theatre System: TV + Soundbar	1
Apple iPhone 17 Pro (256GB) (or Android substitute)	1
Apple iPad Pro (256GB 13 Inch)	5
$500 Amazon Gift Card	2
$200 Amazon Gift Card	8
$100 Amazon Gift Card	85

Bonus Golden Ticket Live Giveaway Prize

Prize	Quantity
$5,000 Cash Gift Card	1

Following the award of the Prizes, a separate giveaway will be held for the holders of Golden Tickets at the Live Drawing. The selected winner of the Golden Ticket holders will win a cash award of $5,000, provided in the form of a Gift Card. The odds of a Golden Ticket holder winning this prize is approximately 1:15.

Ticket holders do not need to be present to win.

The winner of the 2025 Volkswagen Tiguan Prize will be provided up to $35,000 towards the purchase of the vehicle from the dealership of their choice located in the United States. Sponsor will pay the amount directly to the dealership. Prize winner is responsible for any amounts in excess of $35,000 for the vehicle they purchase. The winner of the 2025 Volkswagen Tiguan may elect to receive a cash payment of $10,000 in lieu of selecting a vehicle to purchase.

The approximate retail value (“ARV”) of the (i) Volkswagen Tiguan is $35,000, and the $10,000 cash alternative is $10,000; (ii) Atlantis Bahamas Package is $2,250, (iii) Home Theatre System: TV + Soundbar is $2,500; (iv) Apple iPhone or Android alternative is $1,099, (v) Apple iPad is $1,199, (vi) $500 Amazon Gift Card is $500; (vii) $200 Amazon Gift Card is $200; (viii) $100 Amazon Gift Card is $100; and (ix) Gold Ticket Cash Prize is $5,000. The ARV for the Prize is an estimate made before the Sweepstakes begins and may vary based on current market conditions. Any difference between the ARV and the actual value, if any, will not be awarded.

See “Prize Conditions” below for more important information.

ELIGIBILITY.
1. Must be a Level 7 or higher player on MGM Slots Live.
2. Open only to natural persons who are 21 years of age or older as of their entry date and legal residents of one of the fifty United States or the District of Columbia. Void where prohibited or restricted by law
3. A Facebook account or Apple ID is required to enter and participate in the Tournament. If you do not have a Facebook account, visit www.facebook.com, or download the free Facebook application onto your iOS or Android device from the App Store or Google Play, as applicable based upon your device, and create a free account as instructed. If you do not have an Apple ID, visit www.apple.com and create a free account as instructed, or create an Apple ID on your Apple device. Please read the Terms of Use and Privacy Policy of Facebook and/or Apple, as applicable.
4. Owners, officers, directors, members, managers, employees, representatives, and agents of PLAYSTUDIOS and each of its respective parent companies, affiliates, subsidiaries, franchisees, partners, fulfilment agencies, and any other companies associated with the design or execution of the Tournament, including, any prize provider, (individually and collectively referred to herein as the “Tournament Entities”), as well as each of their Immediate Family Members, as defined below, and Household Members, as defined below, are not eligible to participate in Tournament, or win any Prizes. “Immediate Family Members” shall mean spouse, parents, stepparents, legal guardians, children, stepchildren, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.
WINNER NOTIFICATION AND VERIFICATION. Winners will be notified via email and in-game inbox within seven (7) days of the end of each Event Cycle, and must claim their prize within seven (7) days. Rewards are non-transferable, and participants must be 21+ years old to accept
1. Leaderboard winners may be required by PLAYSTUDIOS to confirm their eligibility for the Prizes, which may include completing and returning an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) within seven (7) days from the first attempted notification (unless prohibited by law), or providing additional information to confirm prize acceptance and to fulfill or facilitate the use of the prize (e.g. confirming and completing travel reservations) (each a “Confirmation”). The Affidavit will be sent to the potential prize winner via the email address provided on the potential winner’s App account. Participation in an Event Cycles constitutes an agreement to sign such Affidavit and provide Confirmations. Failure to complete the Affidavit within the seven (7) days, or failure to timely provide any requested Confirmation, will result in forfeiture of the Prize. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed or returned as undeliverable, the Prize will be forfeited
2. PLAYSTUDIOS, at its sole and absolute discretion, may award a forfeited Prize to the next lower ranking participant on the Leaderboard. The alternate potential winner will be contacted as noted above. If the alternate potential winner cannot be contacted or fails to respond within seventy-two (72) hours after the date of the first attempt to contact him/her, the alternate potential winner may be disqualified, forfeiting the Prize, in PLAYSTUDIOS’ sole and absolute discretion. PLAYSTUDIOS retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements. PLAYSTUDIOS has no obligation to select an alternate potential winner.f
3. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY PLAYSTUDIOS. PLAYSTUDIOS’ DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE TOURNAMENT, THE DETERMINATION OF A PARTICIPANT’S RANKING ON A LEADERBOARD, ANY CHANGES TO THESE OFFICIAL RULES, AND THE VERIFICATION AND SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE TOURNAMENT
PUBLICITY. Except where prohibited or restricted by law, a winner’s acceptance of a prize constitutes the winner’s agreement and consent for PLAYSTUDIOS and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Tournament or PLAYSTUDIOS, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of PLAYSTUDIOS, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
CHANGES AND CANCELLATION. PLAYSTUDIOS reserves the right to cancel, modify, or change the Tournament, Rules, and prizes, at any time without prior notice or liability.
TOURNAMENT, APP OR GAME ISSUES. PLAYSTUDIOS is not responsible for any operation of or impact caused by the app or its games that might affect the Tournament or any participant’s standing in the Tournament, including without limitation, issues caused by faults or errors in programming or coding, bugs, glitches, network outages, device limitations or operations, allocation of points, leaderboard ranking, or any other error, and PLAYSTUDIOS may rescind, cancel or revoke the Tournament based on any such issue or error without liability at its sole and absolute discretion. If, for any reason, the Tournament is not capable of running as planned, PLAYSTUDIOS reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Tournament and/or proceed with the Tournament, including the selection of winners in a manner it deems fair and reasonable including the selection of the winner from among eligible participants based on their standing prior to such cancellation, termination, modification or suspension. In such event, PLAYSTUDIOS reserves the right to award prizes at random from among the eligible participants up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by PLAYSTUDIOS, at its sole and absolute discretion. PLAYSTUDIOS also reserves the right, at its sole and absolute discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Tournament or to be acting in violation of these Rules or any other promotion or in an unsportsmanlike or disruptive manner.
PRIZE CONDITIONS. The Prize is subject to additional blackout dates, capacity controls, availability, approval, and other restrictions all of which are subject to change at Sponsor’s or prize provider’s sole and absolute discretion. The Prize will be awarded only if the potential winner fully complies with these Official Rules. All Prize details are at the sole and absolute discretion of Sponsor and/or prize provider and any depiction of the Prize, in Sweepstakes materials or otherwise, is for illustrative purposes only. All Prize components must be redeemed during the same trip. Sponsor and/or prize provider shall have no responsibility or obligation to the Prize winner or a potential winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for the Prize or any Prize component will be made, except that Sponsor and/or prize provider at their sole and absolute discretion may substitute the Prize (or component of the Prize) of equal or greater value for any reason.
1. In the event that the Tournament is canceled or postponed by Sponsor for any reason whatsoever, the ARV of the Prize will be awarded to the extent required by law. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed, the Prize will be forfeited. A forfeited Prize may be awarded to an alternate winner, at Sponsor’s sole and absolute discretion.
2. By participating in the Tournament or accepting the Prize, entrants further acknowledge and agree to the following Prize restrictions, if applicable:
  1. Hotel and Food Accommodations. Hotel and food accommodations are subject to additional restrictions and requirements as set forth in the hotel agreement. All incidentals not mentioned within the Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges at lodging, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner.
  2. Venue Access / Shows. Access to concerts, shows, private properties or other event venues made available as part of the Prize may be subject to additional restrictions and requirements as set forth in the respective equipment use agreement, if applicable. All incidentals not mentioned within the Prize details, including, without limitation, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner.
  3. Airfare Gift Card or Credit. Airfare gift cards are subject to additional cardholder terms and conditions imposed by issuer. Airfare credits must be used in conjunction with the Prize and will not be provided separately. No credit or cash will be returned or refunds issued if the full value of the gift card or airfare credit has not been used by its respective expiration date, if any. The gift card will not be replaced if lost or stolen but Sponsor may, at its sole and absolute discretion, replace a lost, stolen or malfunctioning card. In no event will a gift card’s prize value exceed its stated value.
  4. Incidental Expenses. No changes will be made to the travel details once travel arrangements have been booked. All other expenses and incidental costs not expressly stated in the Official Rules, including but not limited to, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Prize description, are the sole responsibility of the Prize winner. The Prize winner is also responsible for obtaining travel insurance (and all other forms of insurance) at his/her option and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance that the prize winner deems appropriate.
  5. Conduct. Prize winner must follow all instructions of Sponsor and prize provider, as applicable, relative to the Prize and any element thereof. In the event a Prize winner engages in behavior that, as determined by Sponsor at its sole and absolute discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and prize provider, as applicable, reserve the right to terminate the Prize or other applicable experience early, in whole or in part, and send the Prize winner home with no further compensation. In such event, Prize winner may also be required to reimburse the Sponsor for the ARV of the Prize.
  THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  
  ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL AND LOCAL TAXES AND FEES OR ANY OTHER APPLICABLE TAX OR FEE OF ANY ENTRANT’S COUNTRY OF RESIDENCE ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. ALL OTHER COSTS AND EXPENSES RELATED TO ANY PRIZE NOT SPECIFIED HEREIN AND OTHER EXPENSES INCURRED BY ACCEPTING THE PRIZE ARE ALSO THE SOLE RESPONSIBILITY OF THE WINNER. ANY REQUIRED TAX REPORTING FORMS WILL BE FURNISHED TO THE APPROPRIATE AUTHORITIES.

DISPUTE RESOLUTION AND ARBITRATION
1. YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, OR EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND PLAYSTUDIOS, ANY AND ALL DISPUTES (AS DEFINED IMMEDIATELY BELOW) BETWEEN YOU AND PLAYSTUDIOS WILL BE DETERMINED IN BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR IN SMALL CLAIMS COURT, INSTEAD OF COURTS OF GENERAL JURISDICTION. FOR THE PURPOSE OF THIS DISPUTE RESOLUTION AND ARBITRATION PROVISION, “PLAYSTUDIOS” MEANS PLAYSTUDIOS AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATE COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. YOU AND PLAYSTUDIOS AGREE THAT THE U.S. FEDERAL ARBITRATION ACT (“FFA”) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND ALL DISPUTES. YOU AND PLAYSTUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. The term “Dispute” means any dispute, claim, or controversy between you and PLAYSTUDIOS regarding any aspect of, or arising out of, your relationship with PLAYSTUDIOS, including your use of the Applications and/or the Service, and/or this Agreement, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution and Arbitration Provision (with the exception of the enforceability of the Multi-party Proceedings clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
3. Before either you or PLAYSTUDIOS initiates arbitration or a small claims court proceeding to resolve a Dispute you and PLAYSTUDIOS each agree to send to the other party a written notice that describes in detail the Dispute and the relief sought (“Notice”) to allow the parties to attempt to resolve the dispute informally. The Notice should include your preferred mailing address and email address and should be sent by U.S. Mail. You agree to send your Notice to PLAYSTUDIOS Legal Department, 10150 Covington Cross Drive, Las Vegas, Nevada 89144. Any Notice to you from PLAYSTUDIOS will be sent the email address associated with your App account.
4. Your Notice must include (1) your name, (2) your address, (3) your support code or player ID and email address used to establish your game account (so that we can verify that you are a player of one or more of our Applications); (4) a written description of your claims or allegations that provide sufficient specificity for us to understand the Dispute and attempt to revolve it, and (5) a description of the specific relief you seek. If your initial Notice does not provide sufficient detail about your Dispute for a reasonable person to understand the specifics of your Dispute, PLAYSTUDIOS may ask for additional information and you agree to provide such additional information.
5. A Notice by PLAYSTUDIOS must include (1) a written description of its claims or allegations that provide sufficient specificity for You to understand the Dispute and attempt to revolve it, and (2) a description of the specific relief it seeks. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this section.
6. You and PLAYSTUDIOS each agree that neither may initiate arbitration or a small claims court proceeding during the 60-day period after the later of the date that the initial Notice is received or a supplemental notification is provided after responding to a request for additional information. During the 60-day period, both parties will make good faith efforts to resolve the Dispute.
7. For Disputes that the parties cannot resolve within the time period set forth above, despite those good faith efforts, either you or PLAYSTUDIOS may start arbitration or small claims proceedings. The arbitration of all Disputes will be in binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) and administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration commenced, which are available at www.adr.org. This Dispute Resolution and Arbitration provision governs in the event it conflicts with the applicable AAA rules. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations.
8. If the Dispute asserted in any request or demand for arbitration could have been brought in small claims court, then either you or PLAYSTUDIOS may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The claim must be brought (i) in the small claims court in your county of residence, and if your county does not have a small claims court, then the small claims court closest in proximity to your residence, or (ii) in small claims court in Clark County Nevada. Any dispute about whether a Dispute qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the Dispute should proceed in arbitration.
9. The arbitration of any Dispute will be conducted by a single arbitrator. The arbitrator is bound by this Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING JURISDICTIONAL AND ARBITRABILITY ISSUES, AND THE FORMATION, EXISTENCE, VALIDITY, INTERPRETATION, AND SCOPE OF THIS DISPUTE RESOLUTION AND ARBITRATION PROVISION.
10. All arbitration hearings will be conducted in Las Vegas, Nevada except that you can choose to have an arbitration hearing conducted in the federal judicial district nearest the mailing address you provided in your Notice.
11. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator may award, on an individual basis, any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. PLAYSTUDIOS will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Dispute or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This arbitration provision shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction, including whether an arbitration demand is filed in violation of this Agreement.
12. Unless PLAYSTUDIOS or you seek to have a Dispute resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Dispute asserted by you or PLAYSTUDIOS and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute. To the extent that you or PLAYSTUDIOS prevail on a Dispute and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Disputes in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.
13. Payment of all filing, case management, and arbitrator fees will be governed by the AAA rules. If you are a consumer who initiates arbitration against PLAYSTUDIOS, PLAYSTUDIOS will reimburse you for any filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence. If the arbitrator finds that either the substance of your Dispute or the relief sought in your arbitration demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA rules and PLAYSTUDIOS will not reimburse your initial filing fee.
14. PLAYSTUDIOS will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Dispute or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
15. YOU AND PLAYSTUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, OR FOR THE BENEFIT OF A NON-PARTY (for purposes of these Terms of Service, these types of claims and actions will be referred to as a “Class Action”). If you or PLAYSTUDIOS have elected arbitration, unless both you and PLAYSTUDIOS agree otherwise, the arbitrator may not consolidate any other person’s Dispute with your or PLAYSTUDIOS’s Dispute and may not otherwise preside over any form of a Class Action, and you and PLAYSTUDISO each expressly waive the right to do so. If you or PLAYSTUDIOS believes that any Dispute that the other has filed in arbitration or in court is inconsistent with this paragraph, then you or PLAYSTUDIOS may seek an order from a court determining whether the other’s Dispute is within the scope of the limitations set forth in this paragraph. If a court or an arbitrator determines that any of the agreed upon limitations set forth in this paragraph is unenforceable with respect to any Dispute, remedy, or request for relief, then the unenforceable limitation will not apply to that Dispute, remedy, or request for relief. But the remaining limitations will still apply to all other Disputes, remedies, and requests for relief that you or PLAYSTUDIOS may assert in that or any other action. In any such case, you and PLAYSTUDIOS agree that the parties will arbitrate all Disputes, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved Disputes, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. The parties agree that any statutes of limitations applicable to the unresolved Disputes, remedies, or requests for relief shall be tolled pending the outcome of any individual Disputes in arbitration.
16. YOU MAY OPT-OUT OF THE FOREGOING DISPUTE RESOLUTION AND ARBITRATION PROVISIONS BY NOTIFYING PLAYSTUDIOS IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. YOU MUST SEND SUCH WRITTEN NOTIFICATION TO ATTN: PLAYSTUDIOS LEGAL DEPARTMENT, 10150 COVINGTON CROSS DRIVE, LAS VEGAS, NEVADA 89144 AND INCLUDE (1) YOUR NAME, (2) YOUR EMAIL ADDRESS AND MAILING ADDRESS, AND (3) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30-DAY TIME LIMIT TO OPT-OUT. ANY OPT-OUT RECEIVED AFTER THE 30-DAY TIME LIMIT TO OPT-OUT WILL NOT BE VALID AND YOU WILL BE REQUIRED TO PURSUE YOUR DISPUTE PURSUANT TO THESE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS.
17. Notwithstanding the foregoing or any other terms to the contrary, IN THE EVENT A DISPUTE ARISES OR HAS ARISEN BETWEEN YOU AND PLAYSTUDIOS THAT IS NOT ARBITRATED FOR ANY REASON, YOU AGREE THAT SUCH DISPUTE will be resolved individually, without resort to any form of class action
18. Severability. If any part of this Dispute Resolution and Arbitration Provision (other than the Class Action waiver above) is held invalid, then that part may be severed from this Dispute Resolution and Arbitration Provision, and the remainder of this Dispute Resolution and Arbitration Provision will be given full force and effect.
19. Survival of Dispute Resolution and Arbitration Provision. This Dispute Resolution and Arbitration Provision shall survive the termination of your use of the Applications or any part of the Service
ONE YEAR CLAIMS LIMITATION PERIOD. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPS OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD) OR BE FOREVER BARRED.
OTHER TERMS APPLY. Your participation in the Tournament is also governed by the PLAYSTUDIOS Terms of Service found HERE, and Privacy Notice found HERE.