Carnival Terms of Use

Last Updated: May 10, 2025

These Terms of Use (“Terms”) form a legally binding agreement between Toast Studios, Inc. (“Toast,” “we,” “our,” or “us”) and you (“User” or “you”), and govern your access to and use of the Carnival application (“Carnival” or the “App”) and all related services, competitions, and features (collectively, the “Services”). By registering an account or otherwise accessing or using Carnival, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any applicable contest rules or policies referenced herein. If you do not agree to these Terms, do not use Carnival.

We may amend these Terms from time to time. If we make material changes, we will notify you by updating the “Last Updated” date above and, where appropriate, via an in-app notification or email. Your continued use of Carnival after any changes are posted constitutes acceptance of the new Terms.

1. Acceptance of Terms

By accessing or using Carnival, you represent and warrant that you have the right, authority, and capacity to enter into these Terms. You also agree to abide by all rules and obligations contained herein and in any Additional Terms or Rules for specific contests. These Terms (together with the Privacy Policy and any applicable Game or Tournament Rules) constitute the entire agreement between you and Toast regarding Carnival.

Definitions

• "Game of Skill" – a contest where winners are determined predominantly by players' speed, accuracy, strategy, or knowledge, and not by chance.
• "Entry Fee" – The amount a player pays to enter a cash contest.
• "Prize Pool" – Aggregate Entry Fees for a contest minus Platform Fee.
• "Player-Funds Account" – Segregated custodial account holding Entry Fees and un-paid Prizes.

2. Eligibility and Geographic Restrictions

2.1 Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use Carnival. Persons under 18 are strictly prohibited from creating accounts or participating in any contests for prizes. If we discover or have reason to suspect you are under 18, we will terminate your account immediately (see Section 14).

2.2 Legal Capacity

You must have the legal capacity to enter into this agreement. By using Carnival, you affirm that you are not prohibited from doing so by any law, and that entering a skill-based tournament for prizes is legal in the jurisdiction where you are located.

2.3 Eligible Locations

You may only access the paid contest features of Carnival if you are physically located in a jurisdiction where skill-based competitions for prizes are allowed and not restricted by law. Carnival uses geolocation technology (GPS, IP, etc.) to verify your location each time you enter a cash tournament. By using Carnival, you consent to this verification.

• The United States is our primary service area. If you are in the U.S.: Cash tournaments are void where prohibited by state or federal law. Currently, the following U.S. states (and territories) are restricted – meaning users in these locations may not deposit money, enter fee-based contests, or win prizes: Arizona, South Carolina, Michigan, Iowa, Louisiana. (Explanation: These states have laws that either ban or do not clearly permit pay-to-enter skill games for cash prizes. We will update this list as laws evolve.)
• If you are located in any of the restricted states/regions above, you can still use the App in "practice mode" (playing free games with no cash prizes) if available, but you are not eligible to participate in cash competitions. Carnival will block attempts to deposit or join cash tournaments from restricted locations.
• All other U.S. states not listed as restricted are considered Eligible Locations for Carnival's cash competitions.
• If you travel to or open the app from a restricted state, the cash features will be disabled. You bear responsibility for complying with your local laws: you agree not to use any method (VPN, proxy, falsifying location data) to circumvent our geographic restrictions. Such actions are a serious violation and can result in termination and forfeiture of funds (Section 7).
• Non-U.S. Users: At this time, Carnival's real-money contests are intended for U.S. residents. If you access Carnival from outside the U.S., you may be able to play free practice games but not enter cash tournaments (with the exception of certain countries if we later announce support). We currently support cash play in select other countries (if any, they will be listed here in the future). Regardless, it is your responsibility to ensure that using Carnival complies with all laws in your country. We make no representations that Carnival is available or legal outside of the U.S.

2.4 Other Eligibility Criteria

• You have not been previously suspended or removed from Carnival for any reason (or had your access to similar skill-gaming platforms terminated for misconduct).
• You are using Carnival for personal entertainment and not on behalf of any organization or for any commercial purposes. You agree that your use of Carnival is solely as a hobby or form of recreation, and not part of a business venture or illegal scheme.
• You have a valid account with up-to-date information, and if we require a verified phone number or address, you have provided your own contact details (not someone else's).
• You are not listed on any U.S. government restricted parties lists (e.g., the OFAC SDN list).

If any of the above criteria cease to be met at any time (for example, you move to a restricted state or you become barred by law from participating), you must cease using Carnival immediately. We reserve the right to verify your eligibility at any time and suspend/terminate your account if you no longer meet these Terms.

3. Description of Services

Carnival provides an online arena for skill-based games and tournaments. Users can compete in various casual games (e.g., puzzles, trivia, cards, arcade-style challenges – the specific offerings will vary) against other players for cash prizes. The Services include: the Carnival mobile application, any Carnival-operated websites, and any related content, functionality, or services (such as leaderboards, referral programs, customer support, etc.).

• Games of Skill: All competitions offered on Carnival are games of skill, not games of chance. This means the outcome of each match or tournament is determined predominantly by players' skill, ability, or knowledge in that game, not by luck. Winners are determined based on objective criteria (like score, strategy, speed, accuracy) as described in the rules of each game. Consistent with applicable laws, Carnival does not offer gambling – i.e., we do not offer wagers on uncertain future events or games decided by chance. Each game available in Carnival has been designed and tested to ensure that skill is the dominant factor in determining the outcome.
• Competition Formats: You may find 1-on-1 matches, small bracket tournaments, and large-scale tournaments (up to e.g. 10,000 players) on Carnival. Some contests have an entry fee ("buy-in"), which goes into a prize pool awarded to the winner(s), while others may be free-to-enter promotions or practice matches. The specific rules (time limits, scoring system, number of winners, prize distribution) are described in the Game/Tournament Rules & Disclosures document and/or within the app interface for each contest.
• Real-Time Play: Carnival's contests are real-time and head-to-head or multiplayer only. We do not support asynchronous play against previously recorded results or any AI/bot opponents. You will always be matched with a real human opponent or placed in a live tournament with other humans. Carnival also employs anti-cheat measures to ensure all players get a fair and identical gameplay environment.
• Prizes: Winners of cash competitions can win real money prizes. The prize amount or range is disclosed before you join a contest. For tournaments, prizes may be tiered (e.g., 1st place X dollars, 2nd place Y dollars, etc.). Carnival may also award "Bonus Cash" or virtual currency in some cases (such as a consolation prize or in free-entry events), which will be clearly indicated and is subject to the limitations in Section 5. All prizes are denominated in U.S. Dollars (USD) unless stated otherwise.
• No Gambling or Betting: Using Carnival for any form of gambling outside our skill competitions is strictly prohibited. You cannot wager on the outcome of contests except by participating via the official entry fees. By using Carnival, you agree that you are not using it for any gambling purposes beyond the provided skill games.

We strive to ensure Carnival complies with all U.S. and state laws regarding skill-based gaming. If you have any questions about whether a particular game is skill-based or how winners are determined, please consult the Game Rules or contact support.

4. Account Creation and Management

4.1 Registration

To access cash tournaments and certain features, you must create a Carnival account. When registering, you agree to provide truthful, accurate, current, and complete information about yourself as prompted by the sign-up process. This typically includes your full name, phone number or email, date of birth, and state of residence. You may also be asked to choose a username (screen name) that will be visible to other players, and a profile picture (optional). Each individual is limited to one account. Creating or controlling multiple accounts is forbidden and is considered a serious violation (see 4.4 below). You cannot use a fake identity or someone else's identity to create an account.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials (password, and if applicable, any multi-factor authentication code). You are responsible for all activities that occur under your account (whether or not authorized by you). We urge you not to share your account with anyone. If you become aware of any unauthorized access or breach of security (e.g., you suspect someone else has your password), you must notify us immediately at

support@carnivalplay.com

. We may ask you to promptly change your password and take other steps to secure your account.

Carnival will never email or message you asking for your password. Beware of phishing attempts. If you choose a username and/or profile name, you must ensure it complies with our content rules (no offensive or trademarked names you don't own rights to). We reserve the right to refuse any username that impersonates someone else or is inappropriate.

4.3 Verification and KYC

We reserve the right to verify your identity, age, and eligibility at any time, both during account creation and later. This may include asking you for:

• A copy of a government-issued photo ID (to confirm name and age).
• Proof of address (such as a utility bill) to confirm your residency in an eligible state.
• For large withdrawals or cumulative winnings, we may require your Social Security Number (SSN) or tax ID, as we are obligated to issue tax forms (e.g., 1099-MISC) for U.S. players who meet certain thresholds (see Section 6 on Taxes).
• Selfie or live identity check (to match your face to an ID) if needed to prevent identity fraud.

By agreeing to these Terms, you authorize us to perform identity and location verifications directly or through third-party verification services. These services may involve checks against databases (to verify age or that your identity information is genuine) and may constitute a "soft" inquiry on your credit report (which does not affect credit score). All such verifications are done in accordance with our Privacy Policy and applicable law.

If we cannot verify your identity or eligibility, or if you refuse to provide requested documentation, we may suspend or terminate your account and block withdrawals until the issue is resolved. In cases of suspected fraud, identity theft, or provision of false information, funds in your account may be frozen and ultimately forfeited (see Section 7 and 14).

4.4 Prohibited Account Actions

You agree not to:

• Create Multiple Accounts: You may not create or operate more than one Carnival account. This includes using different email addresses or devices to circumvent the one-account rule. If we find that you have created multiple accounts, we may terminate the extras and consolidate or terminate all, as appropriate, and any balances or winnings in duplicate accounts will be void.
• Account Sharing/Transfer: You may not let any other person access or play on your account. Accounts are for individual, personal use only. You also may not sell, gift, or transfer your account to someone else, nor attempt to buy or use an account that isn't yours.
• Use Another's Account: You must not use an account registered to another person, even with their permission. Playing under someone else's identity is strictly prohibited.
• False Information: Do not provide false or misleading information in your account details or verification processes. You also agree not to attempt to circumvent verification by any means (such as using fake IDs or manipulating geolocation data).
• Bot or Script Access: Accounts must be accessed and used by humans only (the account holder). You may not automate account actions (logging in, joining games) via scripts or bots—see Section 7 for more on bots.

If you violate any of these account rules, it is grounds for immediate account termination and other consequences as outlined in Section 7 and 14.

4.5 Account Suspension and Closure

We reserve the right to suspend or terminate your account at any time for any reason, including for violation of these Terms or suspicious activity (see Section 14 on Termination). During a suspension, you may be unable to participate in contests or withdraw funds. You will be notified if your account is suspended or terminated, with the reason if legally permissible.

You have the right to terminate your account at any time by contacting our support team (

support@carnivalplay.com

) with a request to close your account. We may require verification before closure. Upon closure (whether by you or us), any pending entries in not-yet-started contests will be cancelled and entry fees refunded. Any remaining cash balance will be returned to you, except: (a) any promotional bonus funds which have no cash value may be forfeited, and (b) if your account is terminated due to fraud or illegal conduct, funds may be subject to forfeiture (see Section 14). Sections of these Terms that by their nature should survive termination (such as arbitration agreement, limitation of liability, etc.) will survive.

5. Deposits, Entry Fees, and Withdrawals

Using Carnival's cash contests involves real money transactions. The following terms apply to deposits, entry fees, winnings, and withdrawals:

5.1 Deposits

To enter cash contests, you need to deposit money into your Carnival account (creating an account balance). Deposits can be made via the payment methods we support, such as Visa, MasterCard, American Express, certain debit cards, potentially PayPal or bank ACH (as available). By providing a payment method, you represent that you are authorized to use that method and that you are requesting us (and our payment processor) to charge the specified amount to it.

Processor and Fees: Deposits are processed by our third-party payment processors (e.g., Finix, Stripe) and will appear on your bank/card statement as "ToastStudios*Carnival" or similar descriptor indicating skill game/tournament. We do not charge any fee for depositing (but note your bank might treat credit card deposits as cash advances in rare cases; that's between you and your bank).

Minimum/Maximum Deposits: We may impose minimum or maximum deposit amounts. For example, a minimum deposit might be $10.00. We also reserve the right to limit how much you can deposit within a given period (daily, weekly, monthly) as part of our responsible gaming and fraud prevention policies. If you attempt a deposit above your limit or above our accepted maximum, it may be rejected.

Declines: If your payment method is declined or fails, no funds will be added. We are not responsible for fees your bank may charge (e.g., overdraft fees if you have insufficient funds).

Promotional Credits: Sometimes we may provide "Bonus Cash" or credits as a result of promotions (e.g., a deposit match bonus). These will be clearly reflected in your account separately from your deposited cash. Bonus Cash is not real money, cannot be withdrawn, and can typically only be used to enter contests. See 5.4 below for details on Bonus Cash rules.

5.2 Entry Fees

When you choose to enter a cash contest, the entry fee ("buy-in") will be deducted from your account balance immediately upon joining. You will always be shown the entry fee and potential prize before confirming entry. Ensure you have a sufficient balance to cover the fee; if not, you'll be prompted to deposit.

Entry fees are non-refundable once the contest starts, except in the event the contest is cancelled or voided by us (for example, due to a technical failure or lack of enough participants). If a contest you entered is cancelled by Carnival (e.g., not enough players joined, or a server error occurred), we will refund the entry fee to your account balance. If you voluntarily leave a contest before it starts (assuming our system allows cancellation within a short grace period), the entry fee may be returned to your balance; however, if you attempt to abuse such a feature to back out based on the opponent, we may disable that ability.

We may offer tickets or free entries for certain contests; those will be applied as specified in the promotion.

5.3 Winnings

When you win a head-to-head match or place high enough in a tournament to earn a prize, the designated Winnings (cash prize) will be credited to your account balance. We usually credit winnings immediately after results are confirmed, but in some cases it could take a few minutes.

All winnings are subject to verification. For example, if we detect that your opponent cheated or a game glitch affected scores, we may delay payout until the issue is resolved, or adjust outcomes as fair. If a contest result is overturned (e.g., due to disqualification of the initial winner), we will correct account balances accordingly (you agree that such corrections may occur).

If you are ineligible (due to location or age) but managed to enter a contest and "win," those winnings are void. See Section 2 and 7 for handling of such cases.

Large winnings may trigger an identity verification requirement before you can use or withdraw them (see 4.3 KYC). This is to comply with anti-fraud and anti-money laundering rules. If you fail to provide requested verification, the winnings may be withheld or ultimately forfeited.

5.4 Bonus Funds

Carnival may credit users with "Bonus Cash," "Gems," or other non-withdrawable credits as part of promotions, referrals, or to accommodate certain state restrictions (for instance, if you are in a Bonus Cash State like possibly Michigan or Louisiana, you could play for bonus points rather than real money). Any such bonus funds are not real money, cannot be withdrawn, and are usually useable only to enter contests. They may also expire after a certain time. We will clearly convey the terms of any bonus offers. For example, if you get $5 in Bonus Cash as a login reward: that $5 can enter you into $5 worth of contests, and any winnings from those contests would be real withdrawable cash, but the $5 itself won't be withdrawable. Bonus Cash may be forfeited if your account is inactive for an extended period or if your account is terminated for misconduct.

5.5 Withdrawals

You may request a withdrawal of the withdrawable portion of your account balance at any time, subject to:

• Minimum Withdrawal Amount: We may set a minimum (e.g., $10) for withdrawals to avoid excessive small transaction fees. If your balance is below the minimum, you might need to play more or deposit to reach it, or close your account to receive the remaining funds via support.
• Withdrawal Method: Withdrawals are generally processed back to the original payment method used (to comply with anti-money laundering best practices). For example, if you deposited via Visa card, we may attempt to credit the Visa card. If that's not possible (some card issuers don't allow refund to card), we will offer an alternative such as an ACH bank transfer or PayPal. We only payout to accounts/cards in your name. We may also require that your cumulative deposits have settled (no chargebacks or reversals) before allowing withdrawal.
• Identity Verification: Before your first withdrawal (and for any large withdrawal), we will require you to verify your identity and possibly your address and payment method ownership. We may ask for a copy of your ID and/or additional documents as explained in 4.3. Name on your payment account must match the name on your Carnival account. This helps prevent fraud (e.g., someone withdrawing to a stolen card).
• Withdrawal Processing Time: Once approved, withdrawals are typically processed within a few business days. However, verification steps or certain payment channels can extend this. We aim to review and approve withdrawal requests within 48 hours, but banking networks might then take 3-5 business days to credit your account. We'll notify you if we expect longer delays.
• Fees: Carnival may charge a small processing fee for withdrawals, especially if a user makes many withdrawals. For instance, we might allow one free withdrawal per month and charge $1 (or cover processor fee) for additional withdrawals. If so, it will be clearly disclosed at the time of request. Example: "Withdrawal amount: $50.00, Processing fee: $1.00, Net: $49.00." We won't nickel-and-dime, but this policy prevents abuse and covers our costs.
• Reversals: If you request a withdrawal and then your payment method is unable to receive it (e.g., an expired card or closed bank account), we will contact you to arrange an alternative method. If we cannot reach you, the funds will remain in your account or in limbo until updated info is provided.

5.6 Fraudulent or Prohibited Transactions

You agree that you will not attempt any chargeback, reversal, or refund of valid deposits or winnings, and in doing so you waive any such claim subject to applicable law. If you believe a charge was unauthorized or made in error, you should contact our support first to resolve it. We have detailed records of transactions and contest outcomes, which banks typically require for dispute resolution. Initiating a baseless chargeback on a legitimate deposit or contest fee is considered fraudulent behavior under these Terms. In the event of any chargeback or payment dispute, we reserve the right to:

• Immediately suspend your account while the dispute is investigated.
• Deduct the disputed amount from your account balance (resulting in a negative balance if necessary) until resolved.
• If the dispute is resolved in our favor (i.e., the charge was indeed authorized and valid), reinstate the charge and any applicable fees to your account. You will be responsible for any chargeback fees or penalties incurred by us due to your dispute. Essentially, you agree to reimburse us for any losses or fees resulting from an improper chargeback or reversal.
• If the bank or card issuer sides with you (meaning the chargeback stands), and we still believe it was not justified, we reserve the right to pursue the owed amount and take legal action if necessary, and your account will remain terminated.

We also monitor for money laundering schemes. For example, depositing and withdrawing without meaningful play, or someone attempting to use stolen cards, etc., will trigger scrutiny. We may report suspicious transactions to authorities. We may also require a minimum play-through of deposited funds (e.g., you must play with your deposit at least once before withdrawing) to comply with anti-money laundering best practices and card network rules (this prevents using Carnival as a currency exchange). Usually, this is not an issue, as people deposit to play; it's mainly a security measure.

5.7 Account Funds and Interest

Funds in your account do not earn interest; they are not held in a segregated escrow account unless required by law. They are commingled with our general operating accounts but tracked on our ledger as owed to you. You are an unsecured creditor with respect to your balances, though we maintain reserves equal to or exceeding user balances to ensure payouts. By accepting these Terms, you acknowledge that Carnival is not a bank and your account is not a savings or checking account.

6. Taxes

6.1 User's Responsibility

You are solely responsible for determining and paying any taxes associated with your participation in cash contests and any winnings you receive. This includes income taxes, gaming taxes, or other fees/levies that federal, state, or local authorities might impose on your winnings. Carnival does not withhold taxes from your payouts except as noted below (backup withholding or as legally required). We encourage you to keep records of your play and consult a tax advisor if you have questions about tax obligations. In the U.S., net winnings are generally taxable income. You agree that we are not providing any tax advice, and that you will report and pay any applicable taxes.

6.2 Reporting by Carnival

In the United States, if your winnings exceed a certain threshold in a calendar year, we are required by the IRS to report those winnings on a Form 1099-MISC or 1099-K (or other applicable form) and send a copy to you. We will request your Social Security Number or Tax Identification Number when appropriate to prepare the tax forms. By participating in cash contests, you agree to provide a correct SSN/TIN upon request for tax reporting purposes. If you withhold your SSN or tax info when required, or if the IRS notifies us that your provided info is incorrect or that you under-reported interest/dividends on your tax return, we may be obligated to perform backup withholding on your winnings. Backup withholding is currently 24% and means we would deduct that percentage from your withdrawals and remit to the IRS. By law, we will perform backup withholding if applicable. By entering contests, you certify that you are not subject to backup withholding (unless you have informed us that you are).

6.3 Indemnification for Taxes

You agree that Carnival is not liable for any taxes or penalties you incur related to your use of the Services. You will indemnify and hold us harmless for any claims or costs (including fines or penalties) arising from your failure to pay taxes on your winnings.

7. Fair Play and Prohibited Conduct

Carnival is committed to maintaining a fair, safe, and honest gaming environment. By using our Services, you agree NOT to engage in any of the following prohibited conduct. This list, while thorough, is not exhaustive – any behavior that we find to compromise fairness or security may be acted upon.

• 7.1 Cheating and External Tools: You may not use, or attempt to use, any cheats, bots, automation software, hacks, mods, or any third-party software that interacts with Carnival in any way not expressly authorized. This includes scripts that play games for you or give you an unfair advantage, programs that reveal hidden information, or any modification of the game client. No bots or AI players: you must personally play all games without assistance. Using machine learning or analytics tools in real-time to aid your gameplay is also forbidden.
• 7.2 Exploiting Bugs or Glitches: If you discover a bug or error in our software, you must not exploit it. Examples: a glitch that gives an incorrect score or allows repeated actions beyond intended limits. Exploiting any such issue to gain an advantage or to affect other players' results is prohibited. You should report bugs to us; those who exploit them may lose winnings and face suspension.
• 7.3 Collusion: You are forbidden from colluding with other players to influence the results of any contest. This means you cannot coordinate with an opponent to play in a certain way (e.g., intentionally losing or splitting prizes outside the platform). In tournaments, you cannot team up to target a third player or share information that's meant to be private (like your cards in a card game). Each player must play independently. If collusion is detected, all involved accounts may be penalized.
• 7.4 Multiple Account Abuse: As stated, you cannot create multiple accounts. Additionally, you cannot enter the same contest multiple times using different accounts (which is essentially another form of collusion with yourself).
• 7.5 Throwing Games: Intentionally losing to benefit yourself or another (for example, to drop to a lower skill ranking, or to give someone else an easy win) is against the spirit of fair play. We monitor for patterns and may act on accounts that consistently behave erratically or non-competitively.
• 7.6 Unauthorized Access: Do not access or attempt to access any part of our systems that you are not intended to access. This includes trying to hack into other players' accounts, our databases, or any non-public interfaces. Any attempt to circumvent security measures (like manipulating the app's code or using packet sniffers to intercept communications) is strictly prohibited. It may also be a violation of law (Computer Fraud and Abuse Act, etc.) which we can refer to law enforcement.
• 7.7 Geographic Evasion: As noted, do not falsify your location or use a VPN/proxy to appear as if you are in an eligible area when you are not. We have zero tolerance for this, as it endangers our compliance. If you travel to a restricted state, you must refrain from cash play until you return to an eligible location.
• 7.8 Harassment and Abuse: Treat other players and our staff with respect. You may not use any chat, usernames, or other communication to engage in harassment, hate speech, threats, or abuse. This includes language that is racist, sexist, homophobic, vulgar, or otherwise offensive and targeted at an individual or group. Any reported incidents of harassment will be reviewed and may result in suspension or a chat ban. Keep the competition friendly and clean.
• 7.9 Impersonation and Fraud: Do not impersonate any person or entity, or falsely state or misrepresent yourself. For instance, do not pretend to be a Carnival employee or claim false affiliations. Also, do not engage in fraud such as using payment instruments you are not authorized to use, or disputing valid charges as mentioned in Section 5.
• 7.10 Money Laundering or Illicit Use: Carnival must not be used as a vehicle for any illegal financial activity. You cannot deposit funds obtained illegally, and you cannot attempt to withdraw funds to accounts not in your name. You agree not to use Carnival for any unlawful purpose or in furtherance of any criminal enterprise.
• 7.11 Reverse Engineering: You may not reverse engineer, decompile, or disassemble our software or proprietary protocols. Attempting to derive our source code or algorithms (for example, to figure out matchmaking logic or exploit random seed generation) is prohibited.
• 7.12 Additional Unfair Conduct: Any other act that unfairly alters your chance of winning or someone else's chance of winning is prohibited. We reserve the right to define and determine what constitutes unfair conduct. For example, using two devices to play against yourself in a 2-player contest to guarantee a win for one account would be covered by multiple categories above (multi-account, collusion, etc.) and is obviously not allowed.

Consequences: If we suspect that you have engaged in any of the above prohibited conduct, we may take one or more of the following actions:

• Investigation: We may pause your account (preventing further play or withdrawals) while we investigate. You agree to cooperate with any investigation and provide any information we reasonably request.
• Forfeiture of Winnings: Per our rules and as allowed by law, if you are found cheating or violating these Terms, any winnings or prizes obtained through that misconduct may be voided and forfeited. We may deduct them from your balance or recover them if already withdrawn (by lawful means).
• Account Suspension or Ban: We may suspend your account for a period or ban you permanently from Carnival (see Section 14 Termination). A ban means you can no longer access Carnival, and you may be barred from future attempts to sign up.
• Withholding of Funds: If an investigation is ongoing or if needed to cover chargebacks, fees, or damages, we may hold your account balance. If cheating is confirmed, we may seize the funds to compensate affected players or cover our costs (subject to applicable law; we'll usually refund innocent parties or affected entry fees where possible).
• Legal Action: Gross violations (like hacking our servers or large-scale fraud) may be referred to law enforcement and pursued in court. We can also seek civil remedies (damages, injunctions) for any harm to our business or users caused by your violations.
• Disclosure: We reserve the right to disclose details of violations (and your identity) to proper authorities or as part of legal proceedings, or even to other affected platforms (for example, an industry blacklist for confirmed cheaters, if one exists), in accordance with our Privacy Policy and applicable laws.

We have a zero-tolerance policy for cheating and fraud to maintain a level playing field. These rules are to protect all users and the integrity of the competition. If you observe any suspected cheating or rule violations by others, please report it to us at support@carnivalplay.com with details.

8. Third-Party Services

Carnival integrates or interoperates with third-party services and content, and you may encounter them during your use of the platform:

• 8.1 Links: The App or our website might contain links to external websites not operated by us (e.g., an FAQ hosted on another domain, or a social media page). Clicking those links will take you out of Carnival. We are not responsible for the content or policies of those sites. For example, if we link to a YouTube tutorial or a news article, that's just for reference.
• 8.2 App Stores: You acknowledge that your download, installation, access to, and use of the App is also subject to the app store's terms and conditions (such as the Apple App Store or Google Play Store terms). Those are a separate agreement between you and the store. For instance, Apple may enforce that any in-app purchases are processed via Apple's IAP system.
• 8.3 Apple iOS Special Terms:If you downloaded Carnival on an Apple iOS device, the following terms apply:
  • These Terms are between you and Toast Studios, Inc., not with Apple Inc. (“Apple”).Apple is not responsible for Carnival and its content. However, Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • The license granted to you to use the Carnival App is limited to a non-transferable license to use the App on any Apple-branded devices that you own or control, and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service.
  • You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
  • In the event of any failure of the Carnival App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party's intellectual property rights.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims regarding the App, they should be directed to Toast Studios, not Apple, at the Contact Us information in Section 15.
• 8.4 Google Play Special Terms: If you downloaded on Android from Google Play, similar terms: Google isn't responsible for support or issues; you must comply with Google Play's usage rules. Any subscriptions or purchases are handled by Google's services under their policies.
• 8.5 Other Third-Party Tools: We use anti-fraud and anti-cheat third-party solutions (for instance, we might employ services that detect emulator usage or jailbroken devices). By using Carnival, you agree to the integration of such tools, which may temporarily collect data (device specs, processes) solely to detect prohibited conduct. These third-party tools are subject to their own terms (which we ensure are privacy-compliant and only used for security).

In sum, while we do our best to choose reputable partners, we are not liable for third-party services to the extent permitted by law. Use them at your own risk and discretion.

9. Intellectual Property

9.1 Ownership

All content and materials within Carnival and our Services are owned by or licensed to Toast Studios, Inc.. This includes but is not limited to: the software code, the design, text, graphics, games, logos, button icons, images, audio clips, digital downloads, data compilations, and software. The Carnival name and logo are our trademarks. Other trademarks appearing within the App (perhaps game names or third-party marks) are the property of their respective owners.

9.2 License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our App and Services for your personal, non-commercial entertainment use only, and in accordance with these Terms. You may not use our content for any other purpose without our express written permission. You obtain no ownership rights in any intellectual property by using the Service, only the above license.

9.3 Restrictions

You agree not to:

• Copy, reproduce, distribute, or publicly display any part of the Services, except as expressly allowed by us. For instance, you can't scrape our game database or copy our design for a competing product.
• Modify or create derivative works based on our content. No extracting our graphics or game assets for use elsewhere
• Reverse engineer, decompile, or disassemble any part of our software, except to the extent laws specifically allow despite this restriction (and if you need information for interoperability as per some jurisdictions' laws, you must request it from us first).
• Circumvent any encryption, security, or digital rights management technology that we have put in place.
• Use any of our trademarks, logos, or proprietary marks without permission, including in metatags or hidden text.

9.4 Content You Provide

If you submit any content to Carnival (e.g., feedback, suggestions, chat messages, user profile content like a custom avatar), you grant us a worldwide, royalty-free, sublicensable license to use, display, reproduce, distribute, and create derivative works of that content in connection with operating and marketing the Services. For example, if you give us a game idea or feedback, we can use it without owing you compensation. If you post a comment in a public chat, we can display it to others and maybe use it in promotions (again without paying you, but we likely won't except as part of the service operation).

You represent that any content you provide does not infringe anyone else's intellectual property or other rights. If you use a profile picture or username, you must have the rights to use it. Do not upload copyrighted material you don't have permission for.

We respect intellectual property rights. If you believe any user content or Carnival content infringes your copyrights or trademarks, please notify our designated agent at support@carnivalplay.com with details (under DMCA or applicable law), and we will address it promptly (removal, etc.).

10. Disclaimer of Warranties

YOUR USE OF CARNIVAL AND ALL SERVICES IS AT YOUR SOLE RISK. The platform is provided on an "AS IS" and "AS AVAILABLE" basis to the fullest extent permitted by law.
We (and our affiliates, licensors, etc.) expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade.

• 10.1 The Service will meet your requirements or expectations. While we aim for high-quality, we do not guarantee you will find the competition or outcomes desirable or profitable.
• 10.2 The Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that you will never encounter bugs or downtime. There may be occasional maintenance, or unforeseen technical problems. Network latency or your internet issues are outside our control. We will, however, make reasonable efforts to maintain operation.
• 10.3 The results obtained from the use of the Service will be accurate or reliable. For example, we try to ensure matchmaking is fair and scoring is correct, but we can't promise that our skill ranking system will always match you perfectly or that there will never be a scoring glitch.
• 10.4 Any errors in the software or Service will be corrected. We strive to fix bugs quickly, but we don't warrant that the Service is completely free of errors or that any error can or will be corrected.

No advice or information (oral or written) obtained from Toast or through the Service shall create any warranty not expressly stated in these Terms. Carnival doesn't guarantee you'll win any money; outcomes depend on your skill and competition.
Some jurisdictions do not allow the disclaimer of certain warranties, so to that extent, such disclaimers may not apply to you. But in such case, our warranties are limited to the minimum scope and duration allowed by law.

11. Limitation of Liability

To the fullest extent permitted by law, in no event shall Toast Studios, Inc. or its affiliates, or any of their respective directors, officers, employees, or agents (collectively, the "Toast Parties"), be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever arising out of or related to your use of (or inability to use) Carnival, even if we have been advised of the possibility of such damages. This limitation covers, for example:

• Loss of profits, winnings, or anticipated gaming benefits,
• Loss of data (like if something happens to your account history),
• Cost of procurement of substitute services,
• Or other intangible losses.

Our total aggregate liability to you for all claims arising from or related to the Service or these Terms will not exceed the greater of $100 or the amount of fees you paid to us in the 6 months preceding the claim (not counting entry fees paid out as prizes). For example, if you deposited $50 and played, and you have a claim, our liability would at most be $100. If you've never paid anything, our liability is capped at $100.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
You acknowledge that Carnival is a platform for competitive play and that the outcomes rest mainly on the players. We cannot be responsible for factors outside our control (like your device malfunctioning or your internet dropping), and by accepting these Terms you accept that risk.

12. Dispute Resolution and Governing Law

Please read this section carefully. It affects your legal rights by requiring individual arbitration of disputes (with limited exceptions) and a waiver of the right to a jury trial or to participate in class actions.

12.1 Governing Law

These Terms and any disputes related to them or the Service will be governed in all respects by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. However, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will govern the interpretation and enforcement of the arbitration clause.

If you are accessing the Service from outside the U.S., you understand that U.S. laws may differ from those of your country. Nevertheless, by using Carnival you agree that to the maximum extent enforceable, Delaware law will apply to any disputes.

12.2 Agreement to Arbitrate

In the interest of resolving disputes efficiently and fairly, you and Toast agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Carnival (collectively, "Disputes") will be resolved by binding arbitration on an individual basis, except that you and we are NOT required to arbitrate any dispute for equitable relief regarding intellectual property rights (such as trademarks, trade dress, copyrights, or patents), which may be brought in court.

This means you are waiving your right to go to court (except for small claims as noted below) and have your case heard by a judge or jury. It also means that you waive your right to participate in a class action or similar proceeding (see 13.3 below).

12.3 Class Action Waiver

You and Toast 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 or representative proceeding. Further, unless both you and Toast agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator can award relief only on an individual basis.

12.4 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if applicable) or Commercial Rules, as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

A single, neutral arbitrator will conduct the arbitration. For claims under $75,000, the AAA Consumer Rules will apply; for higher amounts, the AAA's rules will still ensure fairness. You may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the county where you live or another mutually agreed location.

12.5 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse your arbitration filing fee if your claim is for $10,000 or less, unless the arbitrator finds your dispute frivolous or brought in bad faith. Toast will not seek its attorneys' fees or expenses in arbitration unless the arbitrator determines your claims are frivolous or brought for improper purpose (under the standard of Federal Rule of Civil Procedure 11).

12.6 Small Claims Option

As an exception to arbitration, either you or Toast may bring an individual action in small claims court for disputes or claims that qualify within that court's jurisdictional limits. If the dispute is moved to a higher court or doesn't remain in small claims, it must go to arbitration.

12.7 Opt-Out

You have the right to opt out of the arbitration agreement by sending us a written notice of your decision to opt out to support@carnivalplay.com or to our physical address (provided in the Contact Us section), within 30 days of first accepting these Terms (either your first use of Carnival under these Terms or the effective date of a substantial change to this arbitration section). The opt-out notice must include your name, address, the email associated with your Carnival account, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, then the dispute resolution provisions (except the class action waiver which will still apply in court) do not apply to you. Opting out does not affect any other sections of these Terms, such as those regarding governing law or class action waiver outside of arbitration.

12.8 Arbitrator's Authority

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement (except as noted about class action waiver – any issue concerning the enforceability of the class action waiver is for a court, not an arbitrator, to decide). The arbitrator will decide the rights and liabilities, if any, of you and Toast. The dispute will not be consolidated with any other matters or joined with any other cases or parties, except as provided in AAA rules or with consent. The arbitrator can award any individual relief (including injunctive relief, monetary damages, and attorneys' fees/costs) that a court could, but only to the extent necessary to satisfy your individual claim.

12.9 Judgment

The arbitrator's award shall include a written statement of decision sufficient to explain the essential findings and conclusions. Judgment on the arbitration award may be entered in any court with proper jurisdiction.

12.10 Severability

If any portion of this arbitration agreement is found unenforceable, that portion shall be severed and the remainder of the section shall remain in force. If a claim proceeds in court because the arbitration agreement was held unenforceable or you opted out, you and Toast waive any right to a jury trial, and agree that the claim shall be decided by a judge (unless jury waiver is not allowed by law).

12.11 Survival

This Dispute Resolution section shall survive any termination of your account or the Services or these Terms.

13. Termination

13.1 By User

You may terminate your account and usage of Carnival at any time by contacting us as provided in Section 4.5. Upon termination (whether by you or us), you must cease all use of Carnival, and uninstall/delete the App from your devices. Sections of these Terms which by their nature should survive termination will continue (including but not limited to disclaimers of warranties, limitations of liability, etc.).

13.2 By Toast

We reserve the right to terminate, suspend or restrict your account or access to any part of the Service, at any time in our sole discretion, with or without prior notice, if we suspect or determine that: (a) you have violated any provision of these Terms or any law; (b) you have engaged in any behavior we deem detrimental to the Services or other users (e.g., fraudulent activity, cheating, abuse); or (c) for an extended period of inactivity (we might deactivate unused accounts after, say, 2 years, after attempts to reach you).
We will make a good faith effort to notify you of the reason for termination or suspension, unless legal considerations prevent it or we deem it could risk further harm (e.g., notifying a fraudster could allow them to evade detection).

13.3 Effect of Termination

If your account is terminated or suspended by us:

• You will lose access to any ongoing contests; your entries may be voided (with or without refund, depending on the circumstances and these Terms).
• Any winnings pending withdrawal may be frozen. If termination was due to your breach (e.g., cheating or fraud), you forfeit any claim to winnings or remaining balance in your account, which may be applied to damages or returned to entry-fee payers as appropriatefile-ufrd7vmy9e43vgc6f2agtr. If termination was not due to wrongdoing (e.g., we discontinue the service entirely), we will attempt to allow withdrawal of legitimate balances.
• We may delete or anonymize your profile and user data, subject to our data retention and legal obligations.

If we suspend rather than terminate, we may reactivate your account once the issue is resolved (if it's resolvable). For example, if under investigation, we might reinstate you if cleared.

13.4 Cancellation of Services

Additionally, we reserve the right to stop offering the Carnival platform or any part of it at any time (for example, if law changes or business considerations). If we shut down the service entirely, we will provide notice and settle any owed balances to users (assuming no misconduct). These Terms would terminate upon service termination, except surviving clauses.

14. Contact Us

If you have questions, complaints, or feedback regarding these Terms or the Carnival Service, please contact us at:

We will do our best to respond to your inquiry promptly (typically within 48 hours for support issues).

15. Miscellaneous

15.1 Entire Agreement

These Terms (along with the Privacy Policy and any Additional Rules or terms incorporated by reference) constitute the entire agreement between you and Toast Studios regarding Carnival, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Toast.

15.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severed from the Terms and will not affect the validity and enforceability of the remaining provisions, which will remain in full force. If a provision is invalid only in part or in certain circumstances, it will remain in force to the extent it is valid, or as allowed by law.

15.3 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms (in whole or part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

15.4 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver by us must be explicit and in writing. If we waive a default, it does not mean we will waive any future default.

15.5 Force Majeure

We are not liable for any failure or delay in performance of our obligations (including the inability to operate contests or process transactions) due to causes beyond our reasonable control, such as acts of God, war, terrorism, cyber attacks, labor shortages, power or Internet failures, or governmental action.

15.6 Relationship of Parties

You and Toast are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

15.7 Notices

We may provide notices to you by email to the address registered with your account, by postal mail, or by postings within the App. You are responsible for keeping your contact info up to date. Official legal notices to us must be sent to the address in Section 15.

15.8 Headings and Interpretation

Section headings in these Terms are for convenience only and have no legal effect. Words like "including" mean "including without limitation." The word "or" is inclusive (meaning "and/or") unless the context clearly dictates otherwise. If these Terms are translated into another language and there is a discrepancy, the English version controls.

By using Carnival, you acknowledge that you have read, understood, and agreed to these Terms of Use and the incorporated Privacy Policy and Game Rules. Happy Gaming!

(End of Terms of Use)