MAMMOTH SKILL GAMES
TERMS OF SERVICE
Last Updated: January 21, 2025
These Terms of Service (“Terms”) apply to your access to and use of (i) the Mammoth Skill Games (the “Games”), (ii) the website, web pages, instruction video and any other links made available by mammothskillgames.com (the “Company”) in connection with the Games (the “Sites”), (iii) the software made available by the Company in connection with the Games (the “Apps”), and (iv) any online services, programs, and offers accessible through the Games, Sites, and Apps made available by Company (collectively with the Games, Sites, and Apps, the “Services”). When “we”, “our”, or “us” are used in these Terms we are referring to the Company, which is a California corporation with offices at 3450 Corporate Way Duluth, Georgia 30096. When these Terms use “you“, “your” or “User”, we are referring to you.
- THESE TERMS ARE A BINDING AGREEMENT.
EVERYTHING CONTAINED WITHIN THESE TERMS IS IMPORTANT AND SHOULD BE READ BY YOU, BUT SPECIAL ATTENTION SHOULD BE GIVEN TO THE PROVISIONS CAPITALIZED IN BOLD, WHICH MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL BE ENTITLED TO ENFORCE ANY PROVISION, RIGHT OR REMEDY OF THESE TERMS AT OUR SOLE DISCRETION. CHOOSING NOT TO ENFORCE CERTAIN PROVISIONS, RIGHTS OR REMEDIES IN SOME INSTANCES DOES NOT MEAN THAT WE WAIVE OUR RIGHT TO ENFORCE THESE TERMS IN OTHER INSTANCES.
IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS IN THESE TERMS, DO NOT PLAY THE GAMES OR USE OUR SERVICES. - USE RESTRICTIONS.
You must be at least 18 years old to play the Games and you may only play the Games or otherwise use our Services for personal, non-commercial, entertainment purposes. - ABOUT MAMMOTH SKILL GAMES.
The Games are amusement skill games, the outcome of which is determined by your acumen, agility, dexterity, knowledge, memory, and other abilities such as puzzle solving, mental visualization, pattern recognition, powers of observation and evaluation, and ability to respond within a time limit, rather than an element of chance, over a period of continuous play. The Games are not a slot machine or device, the use or play of which is prohibited as illegal gambling under Section 330.5 of the California Penal Code. The Games are offered for use and play in California in compliance with applicable federal, state and local laws and regulations.
You should view and understand how to operate the Games prior to play. We encourage you to visit the Game Play Tutorial (https://youtu.be/LSUiHiR4KqQ?si=s1vwci_w1hWeZWnr.)
IN THE EVENT A GAME SHOULD MALFUNCTION FOR ANY REASON WHILE YOU ARE PLAYING, THAT MALFUNCTION VOIDS ALL PLAYS AND PAYS, AND YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS REFUND OF THE AMOUNT YOU PAID TO PLAY THE GAME SESSION DURING WHICH THE MALFUNCTION OCCURRED. ANY REFUND WILL BE MADE IN CASH BY THE ATTENDANT AT THE LOCATION AT WHICH THE GAME MALFUNCTIONED.
USE OF THE GAME INVOLVES YOUR INDIVIDUAL PLAY OF THE AMUSEMENT DEVICE. A SKILLFUL PLAYER, BASED ON THEIR ACUMEN, AGILITY, DEXTERITY, KNOWLEDGE, MEMORY, AND OTHER ABILITIES SUCH AS PUZZLE SOLVING, MENTAL VISUALIZATION, PATTERN RECOGNITION, POWERS OF OBSERVATION AND EVALUATION, AND ABILITY TO RESPOND WITHIN A TIME LIMIT, CAN SOLVE EVERY PUZZLE AND WIN EACH GAME. A SKILLFUL PLAYER CAN CONSISTENTLY RECEIVE A PRIZE EQUAL TO OR EXCEEDING BY FIVE PERCENT (5%) THE AMOUNT PAID AS THE COST TO PLAY THE GAME. - MAMMOTH SKILL GAMES GAMEPLAY DIRECTIONS
BEFORE GAMEPLAY, PLEASE CHECK YOUR PLAY LEVEL, THIS WILL TELL YOU HOW MUCH YOU ARE RISKING EACH TIME YOU PLAY. THE GAME WILL INITIALLY PRESENT A RANDOMLY SELECTED SINGLE THREE BY THREE TIC-TAC-TOE STYLE PUZZLE FOR OPTIMAL SOLUTION USING A “WILD” SYMBOL. AFTER EACH PUZZLE IS PRESENTED TO YOU, TOUCH A SPOT TO MAKE IT “WILD”. THE OBJECTIVE IS TO FORM THREE IN A ROW. PAY ATTENTION TO THE TIMER AFTER EACH PUZZLE IS PRESENTED. SOME ROWS AWARE HIGHER AMOUNTS THAN OTHERS, AND JOINING MULTIPLE ROWS IS MORE VALUABLE THAN A SINGLE ROW. PRIOR TO COMMITTING ANY NUMBER OF GAME CREDITS TO “PLAY”, YOU MAY USE THE “NEXT PUZZLE” FEATURE AT ANY PLAY LEVEL TO PREVIEW AS MANY TIMES AS DESIRED THE NEXT UNSOLVED PUZZLE. AFTER PLAYING THE PUZZLE INITIALLY PRESENTED, A BONUS GAME MAY BE TRIGGERED. IF THE PUZZLE DOES NOT AWARD A PLAYER MORE THAN THE CURRENT AMOUNT CONSIDERED, A PLAYER IS PRESENTED WITH AN ADDITIONAL OPPORTUNITY TO WIN WITH PATTERN PUZZLES IN THE “FOLLOW-ME” PORTION OF THE GAME. THE PLAYER MUST CHOOSE IN PROGRESSIVE DIFFICULTY UP TO 9 SYMBOLS IN THE CORRECT ORDER. EACH TIME A SYMBOL IS CHOSEN CORRECTLY, AN ADDITIONAL SYMBOL WILL BE ADDED TO THE PATTERN. A PLAYER WINS BY MATCHING THE ENTIRE PATTERN CORRECTLY.
THE MINIMUM COST TO PLAY IS FIFTY CREDITS (50 CENTS) AND THE MAXIMUM IS FOUR HUNDRED CREDITS ($4.00) THAT MUST BE COMMITTED TO WIN EACH GAME; THE MAXIMUM PRIZE THAT CAN BE AWARDED FOR EACH GAME IS FIVE THOUSAND DOLLARS ($5,000.00). ANY WINNINGS MUST BE COLLECTED BY PRESSING THE “TICKET BUTTON” WHICH WILL PRINT A REDEMPTION TICKET THAT WILL BE USED TO COLLECT YOUR EARNINGS. ONCE YOU RECEIVE YOUR TICKET, YOU WILL NEED TO INPUT THE TICKET IN A TICKET REDEMPTION TERMINAL (“TRT”) AT THE LOCATION. USE THE TRT TO VALIDATE YOUR DRIVER’S LICENSE AND SCAN THE QR CODE ON THE TICKET.
Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. - YOUR INFORMATION.
You may provide certain information to The Company, or we may otherwise collect certain information about you, when you play the Games or otherwise access or use our Services. Although it’s not part of these Terms, we encourage you to read our Privacy Notice (https://www.paceomatic.com/privacy-policy) on how we collect, use, share, and otherwise process information about you.
WITHOUT YOUR PRIOR WRITTEN CONSENT, WE WILL NOT DISCLOSE YOUR NAME IN ANY ADVERTISING OR PROMOTIONAL MATERIALS OF THE GAME OR THE COMPANY’S OTHER SERVICES.
For a period of two years of the date upon which you play a game, we must retain a credit award and payment record generated by date and time that does not record your identity or any other personal information. We will retain a copy of all correspondence to and from the Company and you at the Company’s offices located at 3450 Corporate Way Duluth, Georgia 30096, which may be inspected by state and local government agencies. - OUR PROPRIETARY INFORMATION.
You acknowledge and agree that the content of the Sites’ (the “Content”), including any necessary software used in connection with the Website and any of the Services provided by the Company (“Software“), contain proprietary and confidential information that is the property of Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Content or Software used in connection with the Sites is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Website or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Sites or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content or Software, in whole or in part. You also acknowledge Company’s exclusive rights in the Sites’ trademarks and service marks. - PROHIBITED CONDUCT.
(a) No Cheating. The Company wants all users to have a positive and fair playing experience while playing the Games or otherwise using our Services. You will not:(1) Engage in the creation, distribution, promotion, or use of unauthorized software or tools, including auto programs, macros, cheat utilities, hacks, and mods, which are intended to provide an unfair advantage or otherwise alter the intended gameplay experience; or
(2) Exploit, share, or promote information about Game errors, glitches, bugs, or any technical malfunctions that can result in an unintended advantage.
You must notify the Company immediately if you become aware of any of the above matters.
(b) Misconduct. In addition to the other restrictions in these Terms, you will not, and will not aid or encourage others to do any of the following in connection with the Services:
(1) Violate any applicable law, contract, intellectual property right, or other third-party right;
(2) Solicit or collect personal information from other users;
(3) Play the Game if you are under the minimum age of 18 years as provided in Section 2;
(4) Use the Sites for any purposes not expressly permitted by these Terms. As a condition of your use of Sites, you warrant to Company that you will not use the Sites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices;
(5) Use the Sites, Apps or Games, in any manner that could in any way disable, damage or impair the Sites, Apps or the amusement game cabinet. You further agree that you will not obtain, or attempt to obtain any materials, content or information by any means not expressly made available or provided through the authorized use of the Sites;
(5) Without the express prior written consent of Company:
(a) Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content or any service provided by the Company that you do not own,
(b) Use the Content or any services provided by the Company that you do not own, or
(c) Provide access to the Content or any service provided by the Site that you do not own.
(6) Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
(7) Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent security or measures employed to prevent or limit access to any part of our Services;
(8) Develop or use any applications or software that interact with our Services without our prior written consent;
(9) Access or use any of the Services to design or develop a similar or competitive offering; or
(10) In our reasonable judgment, engage in conduct that is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose the Company or others to any harm or liability of any type.
No right or private right of action is created under these Terms on the part of any third party and no reasonable expectation can be claimed that the Services will be free of conduct or content that is prohibited by these Terms. - DISCLAIMERS; LIABILITY LIMITS; RELEASE.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Sites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Sites. Company further disclaims any responsibility to ensure that the Content located on its Sites is necessarily complete and up to date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
Except as otherwise provided in these Terms and to the fullest extent permitted under applicable law the Company will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, data, or goodwill, even if the Company has been advised of the possibility of the damages.
Except for matters for which liability cannot be excluded or limited under applicable law, the total liability of the Company for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50 or the amount paid by you to the Company in connection with the Services on the date on which the claim giving rise to liability occurred.
To the fullest extent permitted by applicable law, you release the Company from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes you have with other users and the acts or omissions of third parties. You waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” - TRADEMARKS AND COPYRIGHTS.
Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on this website are the property of the Company or the party that provided the Intellectual Property to Company. The Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this website and do not transfer at any time to user and/or any other third party. - SECURITY.
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authority or court order requesting or directing Company to disclose the identity of anyone posting any Content, or publishing or otherwise making available any materials that are believed to violate these terms of Use.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD THE WEBSITE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE WEBSITE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE WEBSITE OR LAW ENFORCEMENT AUTHORITIES. - TAXES.
ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH A PRIZE AWARDED BY GAME PLAY ARE YOUR SOLE RESPONSIBILITY AS THE SKILL AMUSEMENT DEVICE PLAYER. - RESPONSIBLE PLAY.
While we want you to have a fun, exciting, and entertaining experience while using the Services, it is your responsibility to exercise control over your playtime, spending, and purchases on the Services. We encourage you to balance playtime with your other leisure activities. - DISPUTES.
Except where otherwise prohibited by law, you and the Company agree that: (a) all issues and questions concerning these Terms shall be governed exclusively by California law without giving effect to any principles of conflicts of law of any jurisdiction; (b) any and all disputes, claims and causes of action at law or in equity arising out of or relating to the Games or our other Services shall be (1) resolved individually, without resort to any form of class action; and, (2) filed only in the state or federal courts situated in the county in which you played the Game that is the subject of the dispute, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; and, (d) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. You agree that (i) any and all disputes, claims and causes of action arising out of or in connection with the Games, the use thereof, our other Services of these Terms shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees. - OTHER TERMS.
(a) The Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
(b) These Terms reflect the entire agreement between the parties relating to the subject matter covered and supersede all prior agreements, representations, statements, and understandings of the parties whether electronic, oral, or written between you and the Company with respect to Games and the Company’s other Services.
(c) The section titles in these Terms are for convenience only and have no legal or contractual effect.
(d) Use of the word “including” will be interpreted to mean “including without limitation.”
(e) Except as otherwise provided, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. between
(f) Communications and transactions with the Company and you may be conducted electronically.
(g) We may assign these Terms, in whole or in part, with or without notice to you. You can’t assign your rights or obligations under these Terms, and any attempted assignment in violation of this sentence is void.
(h) If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
(i) You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of Game or the Company’s other Services.
(j) The parties’ respective rights and obligations that may reasonably be construed to survive, will survive the expiration or termination of these Terms for any reason. - UPDATED TERMS.
Notwithstanding any other provisions of these Terms, we may modify or amend these Terms. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the sites or any of the Services. The Company may revise these Terms of Use at any time by updating this posting. You should review the Terms of Use from time to time to determine if any changes have been made to the Terms. Your continued use of the Games and the Sites after any changes have been made to these Terms signifies and confirms your acceptance of any changes or amendments to these Terms. - CONTACT US.
If you have any questions, comments or concerns regarding these Terms or your use of the Services, please find our contact information at https://www.paceomatic.com/skill-games. You should not include financial or other sensitive information in your correspondence with us.