Terms & Conditions for Scratch 'em all Feature

Terms & Conditions for Scratch ’Em All Feature

Introduction

Scratch ’Em All is an ongoing engagement feature and is not a sweepstakes, lottery, or game of chance requiring consideration for entry. Eligible participants receive Scratch ’Em All opportunities based on qualifying activity within the Modak platform as described in these Terms and Conditions.

These Terms and Conditions govern participation in the Scratch ’Em All feature offered through the Modak platform. Scratch ’Em All is an optional in-app rewards feature designed to encourage responsible debit card usage while promoting financial education and engagement through interactive rewards and educational content.

Participation in Scratch ’Em All is not required to open or maintain a Modak account. By participating in the Scratch ’Em All feature, the parent or legal guardian, as the owner of the Modak account, agrees to these Terms and Conditions on behalf of the participating child, where applicable.

By participating in Scratch ’Em All, you represent and warrant that the participant meets the eligibility requirements set forth in these Terms and Conditions. You further acknowledge that Modak’s decisions regarding the administration of the Scratch ’Em All feature, including reward eligibility and fulfillment, shall be final and binding, subject to applicable law.

Scratch ’Em All is subject to all applicable federal, state, and local laws and regulations.

Eligibility

• Age Requirement: Participants must be under 18 years of age and have a registered child or teen account under an active Parent Account.
• Geolocalization: The feature is only open to legal residents of the United States and is void where prohibited by law. Employees of Modak (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the feature. The feature is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

How to Participate

• Ownership of Modak Card: Participants must possess an active Modak Card associated with an eligible Child Account to be eligible for participation in Scratch em all. Eligible participants may obtain a Modak Card through the Modak application during the account opening process. Note: Only parents or guardians can apply for a Modak Card on behalf of minors.
• Transaction Eligibility: Eligible transactions for participation in Scratch em all must meet the following criteria.
  • Transactions must be made using the Modak Card.
  • There is currently no minimum purchase amount required to receive a purchase-based Surprise Card unless otherwise disclosed by Modak.
  • ATM withdrawals, cash withdrawals, cash advances, person-to-person transfers, ACH transactions, refunds, reversals, and other non-purchase transactions are not eligible.

Scratch ’Em All is a feature available within the Child User experience that allows eligible Child Users to unlock a Surprise Card each time a qualifying purchase is made using the Modak Card, regardless of the purchase amount. Each Surprise Card expires seven (7) calendar days after the qualifying purchase. Expired Surprise Cards cannot be revealed but remain visible within the application for historical reference. After revealing a Surprise Card, the Child User will see the reward or experience associated with that card, which will be reflected in the user’s card history.

Eligible participants may receive one Daily Surprise Card each calendar day, subject to availability and any eligibility requirements established by Modak. Each Daily Surprise Card includes a financial education tip and may also include one of the rewards or experiences described in the Rewards section.

Surprise Cards Expirations

• Purchase-based cards: Expire 7 calendar days from the date of purchase.
• Daily cards: Expire at the end of every day at 11:59 PM based on the time zone associated with the parent account.

Feature Availability

Scratch ’Em All is an ongoing feature available to eligible participants. Modak reserves the right to modify, suspend, or discontinue the feature, rewards, reward probabilities, reward values, educational content, feature functionality, eligibility requirements, or these Terms and Conditions at any time, subject to applicable law and any required customer notice.

Rewards

Participants who engage with the feature will receive:

Surprise Card Rewards

Eligible participants may receive one of the following Surprise Card experiences:

• MBX (Mobucks) together with a financial education tip;
• a surprise image or digital experience together with a financial education tip; or
• other promotional rewards, educational experiences, or digital content that Modak may introduce from time to time.

The specific reward or experience presented is determined by Modak and may vary over time. Not every Surprise Card awards MBX. Modak may modify the available rewards, reward frequency, reward values, or reward probabilities at any time, subject to applicable law.

Rewards available through Scratch ’Em All are promotional benefits offered by Modak and are not deposits, interest, investment returns, wages, or guaranteed account benefits.

Operational Monitoring & Oversight

Modak maintains operational controls to monitor the Scratch ’Em All feature and confirm that rewards are issued in accordance with these Terms and Conditions. Monitoring activities include periodic reviews, as appropriate, of eligible transactions, reward issuance, MBX awards, customer complaints, system functionality, and suspected fraud or abuse. Material issues identified through monitoring shall be documented, investigated, and escalated to the appropriate Product, Operations, Compliance, or Technology personnel, as applicable.

Modak maintains operational records supporting reward eligibility, reward issuance, and exception processing. Such records may be made available to its Bank Partner, regulators, or auditors upon request, consistent with applicable law.

Liability and Disputes

By engaging you agree to release and hold harmless Modak and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the feature and/or his/her acceptance, possession, use, or misuse of any reward or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the feature; (v) electronic or human error which may occur in the administration of the feature or the processing of entries.

• Limitation of Liability: Modak shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your participation in Scratch em all, including but not limited to, rewards, or any use of or inability to use our services.

These Terms and Conditions are governed by the Governing Law, Arbitration, and Dispute Resolution provisions contained in the Modak Terms and Conditions, which are incorporated into these Terms and Conditions by reference.

Privacy and Security

At Modak, we take the privacy and security of your information seriously. We are committed to protecting your data and ensuring that it is handled responsibly and securely.

• Collection of Information: We collect certain personal information from you when you participate in Scratch em all to facilitate your participation and administer the feature effectively. This may include information such as your name, email address, and eligible transaction information. Rest assured, we only collect information that is necessary for the feature and in accordance with our Privacy Policy.
• Use of Information: The information collected from you may be used to communicate with you regarding the feature, notify you of any updates or changes, and facilitate the distribution of rewards. We may also aggregate and analyze data for statistical purposes to improve our services and offerings.
• Security Measures: We have implemented robust security measures to safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, firewalls, secure data storage, and regular security audits. We continually review and update our security practices to ensure they meet the highest standards.
• Third-Party Partners: In some cases, we may engage third-party service providers to assist us in administering the feature or providing certain services. These service providers are bound by strict confidentiality agreements and are only authorized to use your information as necessary to perform their services on our behalf.
• Data Retention: We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy and Security section, unless a longer retention period is required or permitted by law.

By participating in Scratch em all, you acknowledge and agree to the terms of this Privacy and Security section and our Privacy Policy.

General Terms and Conditions

By participating in the Scratch ’Em All feature, you agree to these General Terms and Conditions. Please read them carefully. If you do not agree with any part of these Terms and Conditions, please do not participate in the Scratch ’Em All feature.

• Participant Conduct: Participants are expected to conduct themselves in a respectful and responsible manner while participating in Scratch em all. Any behavior that violates these terms and conditions or engages in fraudulent activity will result in disqualification from the feature. Modak has the right, in its sole discretion, to maintain the integrity of the feature, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by feature rules; or the use of bots, macros or scripts or other technical means for engaging.
• Technical Issues: Modak is not responsible for any technical issues that may affect participation in Scratch em all, including but not limited to, internet outages, server downtime, or software malfunctions. We will make every effort to address and resolve technical issues promptly.
• Compliance with Laws: Participation in Scratch em all is subject to all applicable laws and regulations. Participants are responsible for ensuring compliance with any local, state, or federal laws that may apply.
• Amendment or Cancellation: Modak reserves the right to amend or cancel Scratch em all at its discretion, subject to applicable law and any required customer notice. In the event of cancellation, Modak will make reasonable efforts to notify participants and provide any necessary refunds or compensation.
• Ineligibility: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the feature may be a violation of criminal and civil laws and should such an attempt be made, Modak reserves the right to seek damages from any such person to the fullest extent permitted by law.
• Consent to Terms: By participating in Scratch em all, participants agree to abide by these general terms and conditions. Modak reserves the right to take appropriate action, including disqualification, against any participant who violates these terms.
• Communications: Modak may send communications related to the administration of the Scratch ’Em All feature, including reward notifications and feature updates. Customers may opt out of promotional marketing communications at any time; however, transactional or account-related communications necessary to administer the feature may continue.
• Review of Terms: Terms and Conditions shall be reviewed at least annually and updated as necessary to reflect changes in product functionality, applicable law, Sponsor Bank requirements, operational practices, or identified control deficiencies.
• Redemption: MBX rewards are generally credited automatically to the eligible Child Account shortly after the applicable Surprise Card is revealed. Digital content and educational experiences do not require redemption. Additional reward types introduced in the future will be subject to any redemption requirements disclosed by Modak.

These general terms and conditions are intended to ensure a fair and enjoyable experience for all participants in Scratch em all. Thank you for your cooperation and participation!

Contact Information

For any inquiries or assistance regarding Scratch em all or our services, please feel free to reach out to us through the following channels:

• Email: You can contact us via email at hi@modakmakers.com.
• In-App Live Chat: We offer a convenient in-app live chat feature available to assist you with any questions or concerns you may have. Simply access the live chat feature within the Modak app to connect with a member of our support team in real-time.
• Support Webpage: Visit our support webpage at Modak Support for comprehensive information, FAQs, and resources to help address common issues and inquiries. You can also submit a support ticket through the webpage for personalized assistance from our support team.
• CS Phone Line: You can reach us by calling 1-833-966-2428.

We are committed to providing prompt and helpful assistance to ensure your experience with Scratch em all and our services is positive and enjoyable.

Sponsor: The Sponsor of the feature is Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025.

This feature is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this feature and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.