Last updated: 01 March 2022
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING.
The individual having a contractual relationship with Eric Julian Brown Santiro, trading as Sorteos De La Fresa (“Fresa”, "us", "we", or "our"), is referred to as the "Account Holder", (or the “User”, or “You”) once they have been approved as such by Fresa.
Eric Julian Brown Santiro, trading as Sorteos De La Fresa (“Fresa”, "us", "we", or "our") operates the StrawberrySweeps.com website (the "Service").
The "Contract" is the contractual relationship between Fresa and You. By creating an account, You are entering into a contract with Fresa and you hereby agree to be bound by these Terms and Conditions.
A "Card" refers to all types of cards with a function of payment, charge, debit, credit and/or similar.
"Collective Action" means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, whether by arbitration or in court.
"Content" means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform.
"Customer Account" means an account held by a Registered Customer.
"Force Majeure" refers to any occurrence or condition beyond one's reasonable control that leads to a delay or default in the performance to the affected party's contractual obligation and shall, for the purposes of these Terms and Conditions and any associated rules (including but not limited to Strawberry Sweeps Play Rules), include Acts of God, government restrictions (including the denial or cancellation of any necessary license where such denial or cancellation is made through no fault of the affected party), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
"Game" means any of the Gold Coins Game(s) or Sweepstakes Game(s) available on the Platform. We reserve the right to add and remove Games from the Platform at our sole discretion.
"Gold Coins" means the virtual social gaming currency which enables you to play the Gold Coins Games. Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes.
"Gold Coins Game" means any game played with Gold Coins currency. We may give you Gold Coins free of charge when you sign up to a Platform and thereafter at regular intervals when you log into a Platform. You may win more Gold Coins when you play the Gold Coins Games and you may purchase more Gold Coins on the Platform. Gold Coins Games are social games and you cannot win prizes when you play Gold Coins Games.
"Inactive Account" means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.
"Participate" means playing any Games or using our Platform in any manner whatsoever.
"Platform" means any URL or mobile application belonging to, or licensed to Fresa, including but not limited to the website located at www.StrawberrySweeps.com, and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.
"Player" means any person who Participates, whether or not a Registered Customer.
"Prizes" means prizes won playing Sweepstakes Games with Strawberries which are redeemable for valuable prizes in accordance with the Strawberry Sweeps Play Rules, Promotional Rules, and any other Rules set forth on the Platform.
"Verified account holder" means a Player who has successfully registered a Customer Account, whether that account is considered active or inactive.
"Strawberries" means sweepstakes entries subject to the Play Rules. We may give you Strawberries free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our free alternative methods of entry as set out in the Play Rules. You may win more Strawberries when you play Sweepstakes Games. YOU CANNOT PURCHASE Strawberries.
"Play Rules" means the most recent version of the Play Rules available on the Platform.
"Sweepstakes Game" means any game played with Strawberries.
"Terms and Conditions" means these terms and conditions, as amended from time to time. We reserve the right to update the Terms and Conditions at any time without giving notice to You. You will be bound by any updated version of the Terms and Conditions. It is your responsibility to review the Terms and Conditions from time to time to ensure you are aware of any updated versions thereof.
"Third Party Websites" means a third party website not controlled by us.
"Fresa" means Sorteos De La Fresa, an unincorporated company. Fresa may be referred to in these Terms and Conditions as “Us, We, Our,” or other possessive, first-person pronouns.
2. ACCOUNT RULES
2.1 Unless You are registered as a Player and hold a Strawberry Sweeps account, You cannot participate in a Game. In order to be registered as a Player, You must complete the application process (“Application Process”). The Application Process will require a number of personal details, out of which the following are absolutely needed:2.1.1 Acknowledgment that the You are at least twenty one (21); and
2.1.2 A valid email address.
2.1.3 A user name for your Player Account
2.1.4 Our account creation process involves two factor authentication, as part of this we require users to provide a valid phone number.
2.1.5 In order to receive prizes, you must connect a cryptocurrency wallet deemed suitable by Fresa.
By applying for an Account You warrant that all information provided in this Application form is true and correct.
Fresa will not register an individual where that individual has already been registered. Fresa will cancel that individual's Registration as a Player if it becomes aware that the person has provided false information when registering as a Player or believes that player already has an account with Fresa. Fresa reserves the right to void wins it believes were won through the use of an additional or duplicate account in violation of these Terms and Conditions. Fresa reserves the right to refuse use of any services to any person for any reason (or no reason).
2.2 By applying for a Fresa account, You acknowledge and accept:
2.2.1 All definitions and stipulations, as stated under Clause 1 and/or herein;
2.2.3 That Fresa reserves the right to modify the Terms and Conditions without prior notice to the Account Holder. It is the Member’s sole responsibility to check and read our Terms and Conditions in order to stay up to date with any and all possible changes that occur.
2.2.4 By logging into the Services or using Your user name and password in order to access the Services, You represent and warrant that You are authorized to use such user name and password and to use and access the Services. As the creator of the account, it is your responsibility to maintain control over Your username and password, maintaining the confidentiality of Your user name and password, and for any activities conducted using Your user name and password.
2.2.5 It is Your responsibility to ensure that Your Participation is lawful in Your jurisdiction. If You knowingly break the law, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding Your location or place of residence, or by Participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to Participate, such an act is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
2.2.6 You participate at your sole option, discretion and risk. You will have no claims whatsoever against Fresa or any of its partners, or respective directors, officers or employees in relation to any losses You may incur.
2.3 We reserve the right at all times to, at Our sole discretion:
2.3.1 Decline to open an Fresa account and/or to close an existing Fresa account without any explanation whatsoever;
2.3.2 Suspend and/or cancel the participation of an Account Holder and/or any users acting from that user’s IP address in promotional activities, competitions or other services, including all services, whenever Fresa has honest concerns that an Fresa account is used for;
184.108.40.206 illegal, fraudulent or other dishonest practices;
220.127.116.11 compulsive, pathological or addictive gaming; and/or
18.104.22.168 collusion which is defined as including but not being limited to use of an account by more than one person and/or a single account being funded by multiple payment provider accounts.
2.3.3 Request documents to verify the identity and the authorization to use a specific Card and/or other facts provided by the Account Holder;
2.3.4 Transfer and/or license, without prior notice, data regarding a fraudulent Account Holder to any other legal entity, in any country. Fresa guarantees that the said data is, at all times, transferred and managed in accordance with applicable laws, data protection acts and/or similar laws or regulations;
2.3.5 Transfer and/or license, without prior notice, the rights and the liabilities regarding a fraudulent Account Holder to any other legal entity, in any country, subject to guaranteeing the liabilities being honored;
2.3.6 Hold and manage balances belonging to Account Holders in accordance with generally accepted guidelines for cash management regarding such balances. This may include a Financial Institution and/or a Payment Solution Provider being entrusted to hold balances in the name of and/or for the benefit of Account Holders;
2.3.7 Forfeit and/or confiscate points available on an Fresa account and/or refuse to honor a claim, in the event that, directly or indirectly, the Fresa rules have been violated and/or other unauthorized activities have occurred in connection with a sweepstakes play event and/or the operation of an Fresa account. This is subject to any of the said events in connection with the Fresa and/or the claim in question.
2.3.8 Share all customer account information with its associated companies and partners for marketing purposes, in game offers and promotions.
2.4 By applying for a Fresa account You must warrant that You are not under the age of 21. Minors cannot register and cannot hold a Fresa account. Fresa reserves the right to request proof of age in order to verify the information provided. Accounts may be suspended until satisfactory proof of age is provided.
2.5 You hereby warrant, at all times, not to be:
2.5.1 Restricted by limited legal capacity;
2.5.2 Acting on behalf of another party;
2.5.3 Classified as a compulsive gambler;
2.5.4 Using balances / funds originating from criminal and/or other unauthorized activities;
2.5.5 Conducting criminal activities whereby Fresa is directly or indirectly involved;
2.5.6 From an ineligible jurisdiction;
2.5.7 Involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games.
2.6 Fresa warrants and represents, at all times, to:
2.6.1 Manage balances belonging to Account Holders in a secure and appropriate manner;
2.6.2 Manage data regarding an Account Holder in accordance with applicable laws, data protection acts and/or similar;
2.7 A Fresa account is opened, held and maintained in balances.
2.8 Neither Fresa accounts nor balances accrue interest of any kind.
2.9 An Account Holder can own only one Fresa account at a time. If this rule is breached, Fresa reserves the right to block and/or delete the superfluous Fresa account(s) held by the Account Holder in breach of this clause. Fresa also has the right to reallocate all the balances in the different superfluous Fresa accounts to a single Fresa account and to delete the remaining superfluous Account(s). No Bonus given to the superfluous Fresa account(s) will be reallocated. If an act of fraud is detected on a Member's Account, Fresa will block the Account and freeze the balances, and the Member will be permanently excluded from the site. No balances will be due to the Member.
2.10 If no transaction has been recorded on Your account for 12 (twelve) months, then Your account is deemed dormant, in which case the account will be removed and all balances of Strawberries and Gold Coins will be removed and no compensation will be given.
2.11 Any claim regarding account activity shall be made to Fresa within seven (7) days after said activity has taken place. Otherwise, Fresa reserves the right, at its sole discretion, not to consider the claim.
2.12 Regarding disputes, it is advisable that the Account Holder lodges a complaint with Fresa's Customer Service. The parties should do their utmost to reach an amicable settlement within a reasonable time. Every decision made by Fresa is final and binding. Any disputes regarding the matters contemplated by this agreement shall be subject to the exclusive jurisdiction of the courts located in Mexico.
3. GOLD COIN PURCHASES
3.1 If You use a credit/debit card, online wallet and/or a financial/bank account to purchase Gold Coins, the account/cardholder’s name MUST be the same as the name You used when registering your Customer Account. Should the name You registered on your Customer Account and the name that appears on Your credit/debit card, online wallet and/or financial/bank account differ in any way, Your Customer Account will be immediately suspended until the dispute can be resolved by us.
3.2 We reserve the right to request documents and information to verify the ownership of the credit/debit card, online wallet and/or a financial/bank account from which You make Gold Coins purchases.
4.1 The Fresa rules, as presently published in English, govern this Contract. In the event of a discrepancy between the English version and a translation, the English version has priority over any translations.
4.2 Account Holders are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or are residents.
4.3 Fresa does not provide advice to Account Holders regarding tax and/or legal matters.
4.4 Fresa does not acknowledge or accept any liability whatsoever for damage to an Account Holder and/or a third party caused directly and/or indirectly due to any:
4.4.1 Mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling error, fault in reading, transaction error, technical hazard, Registration error, manifest error, Force Majeure and/or any other similar event;
4.4.2 Violation of the Fresa rules;
4.4.3 Criminal actions;
4.4.4 Advice provided by Fresa;
4.4.5 Financial risk and loss, including, but not limited to variances in exchange rates;
4.4.6 Fresa reserves the right, at all times, to resolve any disputes, at its own discretion, with Fresa's decision being final and binding.
4.4.7 Any malfunction of any game will result in all points earned being made void.
4.4.8 Participation in Games implies the knowledge and the acceptance of Internet limits, especially:
22.214.171.124 The technical capacity; the replying time for consultation, interrogation or transfer of information; the interruption risks; and all other risks inherent to any connection and transmission failure;
126.96.36.199 The transmission and/or reception of any data and/or information on the Internet;
188.8.131.52 All Network dysfunctions preventing the good progress of any Game;
184.108.40.206 The loss of any data;
220.127.116.11 Any damage caused by a virus, computing bug or technical failure;
18.104.22.168 Any damage caused to the property of the Player, including any balances;
22.214.171.124 Any failure preventing or limiting the possibility to take part in a Game, or a failure that has damaged the Player's system. The Player should take all appropriate measures to protect the data and/or software stocked on his/her computer against all failures. The connection to the Site and the participation of the Player in any Game are the Player's sole responsibility.
4.5 The Platform is provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Platform (including the Games and Content).
4.6 Fresa is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor attempts by you to Participate by methods, means or ways not intended by us.
5. PROMOTIONS AND BONUSES
5.1 We may offer promotions and bonuses to eligible players at Our discretion. What makes a player eligible may change depending on the promotion offered, and will be communicated to the player. These promotions and bonuses may require some specific action from an eligible player including without limitation; creating an account, playing a certain game during a certain period of time, placing a certain amount of wagers, or by providing information to Fresa. If a player is eligible for a bonus offered by a promotion and has successfully completed any required actions, We may award them with in-game Balances or other rewards.
5.2 Duration and additional terms of promotions. Promotions and bonuses may be made available to players indefinitely or only for a clearly defined period of time. We reserve the right to decide any additional terms and conditions relating to any promotions or bonuses at our sole discretion, including without limitation the duration or term that a promotion or bonus is available to players. If a promotion is to be made for a limited time only, this will be communicated to players via advertisements and on Fresa's internal register. In addition to these terms and conditions, individual terms and conditions will apply to promotions and bonuses, and will be displayed on the website.
5.3 Bonuses are awarded at Our discretion. Fresa may disqualify any person from any Promotion in the event that the person: (i) violates any part of these Terms and conditions; (ii) engages in fraudulent, deceptive or corroborative behavior; and/or (iii) attempts to defeat or circumvent any of the promotional rules or restrictions. Fresa reserves the right to interpret all questions and conditions in regard to the Promotion, and Our decisions shall be final. Fresa may suspend, discontinue, or modify Promotions at any time for any reason and with no notice provided to players. Fresa has full and total authority in deciding whether to fulfill bonuses and promotions to players.
5.4 Expiry of Balances awarded under any promotion. Any balances awarded under any promotion (including the jackpot promotion) will expire and be removed from a player’s account if they are not used within 60 days of being credited to a player’s account.
6. PROPRIETARY RIGHTS
6.1 Proprietary rights are withheld by Fresa. Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the Services (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the Services, are the property of Fresa or its affiliates. Except as permitted by these Terms and Conditions, You shall not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of the Services, in whole or in part, in any form or by any means.
6.2 Definition of Intellectual property. As used in these Terms and Conditions, "Intellectual Property Rights" refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.
7. MISCELLANEOUS TERMS AND CONDITIONS
7.1 Limits on legal proceedings.
To the extent permitted by applicable law, you agree that you:
7.1.1 will undertake any proceeding, legal or otherwise, relating to these terms and conditions in the form of an individual action or proceeding; and
7.1.2 will ensure any proceeding, legal or otherwise, undertaken fully or partially on your behalf shall take the form of an individual proceeding or action; and
7.1.3 will not commence, cause to be commenced, or participate in any class action, putative class action, collective action, representative action, or any other similar action or proceeding; and waive your right to participate in any class action, putative class action, collective action, representative action, or any other similar action or proceeding.
7.2 Limitation of liability.
7.2.1 In no event shall Fresa be liable to a user or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits.
7.2.2 Fresa provides no guarantee of constant, uninterrupted access to the Fresa services. Because of this Fresa accepts no liability for any damages or losses whatsoever incurred as a result of imperfect access to the services as a result of any glitches, technical errors, hacking attempts or any other reason.
7.2.3 You agree and acknowledge that:
any reliance on the services is at your own risk;
there may be delays, omissions, interruptions, inaccuracies or other problems with the services as part of the ordinary course of operation of the services;
the services are provided to you on an "As-is, where-is" basis and neither we nor any of our affiliates or agents make any representation or warranty with respect to the accuracy, reliability, completeness, currency, quality, suitability, accuracy, non-infringement, merchantability or fitness for a particular purpose of the services or any information, materials or other content provided or otherwise made available as part of the services;
the services and the site are not guaranteed to be free of viruses or other harmful components.
7.3 Fresa waives no rights. Our failure to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditions and our agreement with you is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions or the Official Rules, as the case may be, will remain in full force and effect.
7.4 Severability. In the event that any provision set forth in these Terms and Conditions is held to be invalid or unenforceable, that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions or the Official Rules, as the case may be, will remain in full force and effect.
7.5 Permission to use submissions. Any information, suggestions, feedback, ideas, comments and other materials that you may disclose or offer to us through or in connection with your use of the Services (collectively, "Submissions") are submitted without any restrictions or expectation of confidentiality. You hereby assign to Fresa without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions. You will not assert any proprietary right or moral right of any kind or nature with respect to any Submissions.
7.6.1 You may participate in any Game only if you have sufficient Gold Coins or Strawberries (as applicable) in your Customer Account for such Participation. We will not extend you any credit whatsoever for the purchase of Gold Coins or otherwise.
7.6.2 The price of Gold Coins and Strawberries, and any minimum or maximum entry requirements, may be changed by us at any time in our sole discretion.
7.6.3 Once a Gold Coins purchase has been made, the funds will be drawn from your financial/bank account, online wallet or credit/debit card as soon as practicable.
7.6.4 The purchase of Gold Coins is the purchase of a product licence that allows you to Participate in Gold Coins Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Gold Coins will not, and cannot, be refunded to you. Gold Coins do not have any real money value. The coins allow purchasers to participate in games intended for entertainment, social, and recreational purposes.
7.6.5 Funds used to purchase Gold Coins will not, and cannot, be refunded to you. No refund is available for purchased coins, even if the coins are not played.
EXCEPTION: Gold Coins purchased from excluded jurisdictions will be refunded. Such coins and any winnings connected with the purchase of such coins, will be considered void. Fresa reserves the right to charge a 10% administration fee for the refunding of these coin purchases in addition to reimbursing itself for any charges levied by either its own and/or the purchaser’s financial institution(s) in connection with processing the refund.
7.6.6 Gold Coins or Strawberries that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Gold Coins or Strawberries (whichever applicable) will be drawn from your Gold Coins or Strawberries balance instantly.
7.6.7 If You are found to have one or more of Your purchases returned and/or reversed or charged back, Your account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by You to Us and You must immediately remit payment for such purchases through an alternative payment method. Until payment is received by Us or Our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem Strawberries for Prizes will not be allowed.
7.6.8 In accordance with the Play Rules:
126.96.36.199. Unless we specify otherwise any Strawberries allocated to You are only required to be played once before they are eligible to be redeemed as a Prize; and 188.8.131.52. We may, in Our sole discretion, require that any Strawberries allocated to You be played a greater number of times in any combination of Sweepstakes Games before they are eligible to be redeemed for Prize / Prizes.
7.8 Fresa has full authority to decide on any matters relating to the use of the site including but not limited to validity of an account, whether a person has breached any applicable rules, whether a person is entitled to prize redemption, or to interpret any applicable rules. Fresa’s decisions will be final in all instances.
8. PRIZE REDEMPTION
8.1 Strawberries that have been played at least once (unless otherwise specified by Us) may be redeemed for an amount determined by us in our sole discretion, which is subject to change at any time. The cash payment shall be made to the financial account or online wallet from which You purchased Gold Coins, or if this is not technically possible, then to an alternative bank account You nominate. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Gold Coins, or a specific payment method at Our sole discretion.
8.2 Verification Checks. You agree that We are entitled to conduct any identification, credit and other verification checks that We may reasonably require and/or that are required of Us under applicable laws and regulations or by relevant regulatory authorities.
8.2.1 Until all required verification checks are completed to our satisfaction:
184.108.40.206 Any request you have made for redemption of Prizes will remain pending; and
220.127.116.11 We are entitled to restrict Your Customer Account in any manner that We may deem reasonably appropriate, including suspending or deactivating Your Customer Account.
8.3 Limits and Fees. We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption value for Prize redemptions.
8.3.1 We reserve the right, in Our sole discretion, to limit the value of Prize redemptions for each Participant to any amount per day.
8.4 Minimum redemption amount. A player is only able to redeem Strawberries if they have a balance of at least 50 Strawberries.