These Terms of Service (the “Terms”) are a binding agreement between you and Madstackz, Inc., a Florida corporation (“Madstackz,” “we,” “us”), and govern your access to and use of the Madstackz game, our websites at madstackz.io and play.madstackz.io, our mobile applications, and any contest we operate (together, the “Service”).
By creating an account, entering a contest, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Section 17 contains a binding arbitration agreement and a class action waiver that affect your legal rights. Please read it.
Madstackz is a game of skill. You select a lineup of songs, and your score is determined by publicly reported chart performance of those songs, combined across your whole lineup and across the contest period, plus optional in-game boosters. Outcomes reflect your relative knowledge and skill in selecting and managing a lineup.
Madstackz is not a betting, wagering, or gambling service. We do not accept wagers, we do not offer odds, and no contest outcome is based on the performance of a single song alone or on any point spread or margin.
No purchase or payment is necessary to enter or win. Entry to our public contests is free. We do not sell entries, and we do not sell anything that increases your chance of winning. Any in-game currency, songs, or boosters are provided to you by us at no charge as part of the game.
To create an account or enter a contest, you must:
We may at any time ask you to verify your identity, age, or location, including by government-issued identification, and may suspend your account or withhold a prize until you do. Providing false information is grounds for disqualification and forfeiture of any prize.
The Service is offered only in the United States. It is not directed to, and may not be used from, any other country or territory, including Puerto Rico, the U.S. Virgin Islands, Guam, and other U.S. territories.
Our contests are currently free to enter, and entry is open in all 50 states and the District of Columbia. We maintain a list of states and localities from which entry is not permitted (“Excluded Jurisdictions”); that list is currently empty.
We may add to that list at any time, without notice, if we determine that participation from a jurisdiction is or may be restricted — including if we ever introduce a paid contest, which would make some states ineligible. The current list will always be shown in this section. If your state is added, you may continue to access your account but may not enter further contests, and any entry already made in an open contest will still be honoured.
You are responsible for knowing and complying with the laws that apply to you. If participation in a contest is prohibited where you are, you may not enter, and we may void any entry and withhold any prize.
The following people are not eligible to enter any contest with a prize:
You may hold one account only. Creating or using more than one account, or entering a contest through another person's account, is grounds for immediate disqualification, forfeiture of prizes, and termination. You are responsible for everything that happens under your account, and for keeping your login method secure. Tell us promptly at support@madstackz.io if you believe your account has been compromised.
Accounts are personal to you. You may not sell, transfer, or share an account.
Contest-specific rules shown in the app form part of these Terms. Where a contest rule conflicts with these Terms, the contest rule controls for that contest.
Scoring depends on chart data published by a third party. That data may be delayed, restated, or incorrect, and our systems may also fail. We may correct scores, re-score a contest, void a contest, or extend or reschedule a contest where chart data is unavailable, delayed, or corrected, or where a technical fault materially affects fairness. Where a contest is voided, no prize is awarded for it.
Our determination of scores and winners is final, subject to Section 17. We will correct genuine errors when they are brought to our attention, but we are not obliged to re-run a contest.
Songs, boosters, in-game currency, and every other in-game item are part of the game. They are licensed to you for use inside the Service only, for as long as we operate it. They are not your property, have no monetary value, cannot be redeemed for cash or anything of value, cannot be transferred to anyone outside the Service, and are not an investment, a security, or a deposit. We may modify, revalue, reset, or remove any in-game item or balance, including at the end of a contest.
You agree not to:
We may investigate suspected breaches and may suspend accounts, void entries, and withhold prizes while we do. We may report unlawful conduct to the authorities.
Madstackz is entertainment. If you would like us to close your account and stop sending you contest email, write to support@madstackz.io and we will do so. If you ask us to exclude you, we will not knowingly allow you to open a new account.
Madstackz is not affiliated with, endorsed by, or sponsored by Billboard, Penske Media Corporation, Luminate, any record label, artist, or streaming service. Billboard and Billboard Hot 100 are trademarks of their respective owners and are used here only to describe the publicly reported chart data our scoring refers to. Song titles and artist names are used for identification only. All other trademarks are the property of their owners.
The Service, and everything in it other than third-party material, is owned by us or our licensors and is protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial entertainment. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service.
If you submit feedback, suggestions, or other content to us, you grant us a worldwide, royalty-free, perpetual licence to use it without obligation to you. Do not send us anything you consider confidential.
To run the Service we collect the email address or phone number you sign in with, your date of birth and state of residence, your gameplay activity, and standard technical information such as device type and IP address. We use it to operate contests, verify eligibility, pay prizes, prevent fraud, and contact you about the game. We do not sell your personal information.
If you win a prize we may need to collect tax information from you, and you agree that we may publish your first name, last initial, and state as part of a winners list where required or as described in the contest rules. You can ask us to delete your account and personal information at any time by writing to the support address in Section 22.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CHART DATA OR SCORES WILL BE ACCURATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR IN-GAME ITEMS. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, AND (B) ONE HUNDRED U.S. DOLLARS ($100).
Some states do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limits above apply to the fullest extent the law allows.
You agree to indemnify and hold us harmless from any claim, loss, or expense (including reasonable legal fees) arising out of your use of the Service, your breach of these Terms, or your violation of any law or the rights of a third party.
Please read this section carefully. It affects how disputes between us are resolved.
Informal resolution first. Before starting arbitration, you agree to contact us at legal@madstackz.io with a written description of the dispute and the relief you seek, and to give us 60 days to resolve it.
Arbitration. If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Miami-Dade County, Florida or, at your election, by telephone, video, or on documents alone. The Federal Arbitration Act governs this section.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A CLASS PROCEEDING.
Exceptions. Either of us may bring an individual claim in small claims court, and either of us may seek injunctive relief in court to protect intellectual property.
Your right to opt out. You may opt out of this arbitration agreement by emailing legal@madstackz.io within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Governing law. These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Where a dispute is not subject to arbitration, the courts located in Miami-Dade County, Florida have exclusive jurisdiction, and you consent to that jurisdiction and venue.
We may suspend or terminate your account, or stop offering the Service, at any time, with or without cause, and with or without notice. You may close your account at any time by writing to support@madstackz.io. On termination, any in-game items and balances are forfeited, and Sections 9 through 21 survive.
We may change these Terms. If a change is material, we will give notice in the app or by email before it takes effect. Continuing to use the Service after a change takes effect means you accept the revised Terms. The “Last updated” date at the top shows when these Terms last changed.
If you use an app obtained from the Apple App Store or Google Play, you acknowledge that these Terms are between you and us only, and not with Apple or Google; that Apple and Google have no obligation to provide support or to address any claim relating to the app; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You also confirm you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted party list.
If any provision of these Terms is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any contest rules, are the entire agreement between you and us about the Service. We are not liable for any failure or delay caused by events outside our reasonable control.
Madstackz, Inc.
Support: support@madstackz.io
Legal notices: legal@madstackz.io