• Terms & Conditions for Scratch 'em all Feature

‍1. Introduction

These terms and conditions govern your participation in our exciting campaign designed to empower kids and promote financial literacy. By accessing and using our services, including participating in Scratch em all, you agree to abide by these terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from using our services.

Additionally, it's important to note that most of our campaigns are focused on promoting our products and services through various initiatives such as referral programs, contests, interviews, and educational activities aimed at enhancing kids' involvement with financial knowledge.

By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Modak, as final and binding as it relates to the content. The Promotion is subject to all applicable federal, state and local laws.

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2. Eligibility:

• Age Requirement: Participants must be registered kids  below 18 years old. Proof of age may be required upon request.
• Geolocalization: The Promotion is only open to legal residents of 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 Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.


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3. How to participate:

• Ownership of MoCard: Participants must possess a valid MoCard to be eligible for participation in Scratch em all. If you do not have a MoCard, you can obtain one through this link: https://app.modakmakers.com/authentication/sign-up. Note: Only parents or guardians can apply for a MoCard on behalf of minors.
• Transaction Eligibility: Eligible transactions for participation in Scratch em all must meet the following criteria:some text
  • Transactions must be made using the MoCard.
  • No Minimum transaction amount per transaction required.
  • Transactions made to the following merchants will not be considered eligible: Cash App, PayPal, Venmo, Crypto platforms, and other peer-to-peer or fintech payment platforms. 

Scratch em all is a feature available in the kid app that allows kids to unlock a surprise card every time a purchase is made with the MoCard, regardless of the amount. Each surprise card expires 7 calendar days after the purchase. Expired cards cannot be scratched, but they remain visible in the app. After scratching a card, kids will see the reward or surprise they earned, which will be recorded in their card history.

Additionally, kids receive a daily surprise card, which expires at the end of each day at 11:59 PM based on the kid’s timezone and can only be scratched once. The daily card exclusively unlocks Mobucks (MBX)(1).

Surprise Cards Expirations

• Purchase-based cards: Expire 7 calendar days from the date of purchase.
• Daily cards: Expire at the end of everyday at 11:59 PM based on kid’s timezones.

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4. Limits/exceptions:

• Age Limitation: Participation in Scratch em all is restricted to registered kids  below 18 years old. Proof of age may be required upon request.
• Entry Limit: Each MoCard transaction is eligible for one entry into Scratch em all. There is no limit to the number of entries a participant can submit, as long as each entry meets the eligibility criteria outlined in Section 3.
• Ownership of MoCard: Participants must possess a valid MoCard to be eligible for participation in Scratch em all. If you do not have a MoCard, you can obtain one through this link: https://app.modakmakers.com/authentication/sign-up. Note: Only parents or guardians can apply for a MoCard on behalf of minors.

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5. Promotion Period:

The Scratch em all feature will be available for participation starting on August 19, 2024, and will remain active continuously thereafter. However, please be aware that Modak reserves the right to terminate or modify this promotion at any time. Only transactions made within the promotional period will be eligible for participation.

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6. Prize: 

Participants who apply for the feature/campaign will receive:

Surprise Cards Type of Rewards and Probabilities
The rewards from the surprise cards include:

• MBX AND financial tip OR
• Surprise photo of a cat or dog AND financial tip OR
• AirPods AND financial tip

Rewards are determined based on probabilities, which are influenced by the amount spent with the MoCard. Higher spending increases the chances of earning more MBX or even AirPods. Please note that AirPods are not guaranteed, and prices can be changed at any time. There’s a 2% chance to win AirPods with every MoCard purchase over $100. For purchases under $100, users have a chance to earn MBX or receive a fun picture of a dog with a financial tip.

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Process When Someone Wins AirPods 

If a kid unlocks a surprise card containing AirPods, Modak will send an automatic email with a form requesting the kid's address for item delivery. Alternatively, kids can communicate with support via the in-app chat to coordinate delivery. The email provided must be validated for identity confirmation. Please note that Modak relies on the information provided and is not responsible for any failure to deliver the item caused by incorrect information submitted. 

Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of the prize constitutes permission for Modak to use the winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Please note that prizes that require physical delivery will be issued within 5 to 7 business days after the announcement.

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Winner Notification

Modak shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited. 

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The receipt by winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

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 Rights Granted by you: 

By entering this contest you understand that Modak, anyone acting on behalf of Modak, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

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Liability and Disputes

By entering 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 Promotion and/or his/her acceptance, possession, use, or misuse of any prize 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 Promotion; (v) electronic or human error which may occur in the administration of the Promotion 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, prizes, rewards, or any use of or inability to use our services.
• Dispute Resolution: We strive to ensure that participating in Scratch em all is a positive experience for all involved. In the unlikely event that a dispute arises, we encourage open communication and cooperation to resolve.

THIS PROMOTION IS GOVERNED BY THE LAWS OF THE USA AND DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.

• Informal Resolution: We believe in resolving disputes amicably and encourage you to first reach out to us directly to discuss any concerns or issues you may have. Our team is here to listen and work with you to find a satisfactory solution.
• Arbitration: If a resolution cannot be reached informally, any disputes, claims, or controversies arising from or related to Scratch em all shall be resolved through binding arbitration. The arbitration will be administered by a mutually agreed-upon arbitration provider. We believe arbitration offers a fair and efficient way to resolve disputes outside of the courtroom.
• Fair Process: The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration provider. We assure you that the process will be fair and transparent, and the decision of the arbitrator will be final and binding on all parties involved.
• Costs: Each party shall bear its own costs associated with the arbitration proceedings. We understand that legal proceedings can be daunting, and we strive to minimize any financial burden on all parties involved.

• Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Delaware, US, without regard to its conflict of law principles.
• Jurisdiction: Any legal action or proceeding arising out of or relating to these terms and conditions or Scratch em all shall be brought exclusively in the courts of Delaware, US, and you hereby consent to the jurisdiction of such courts.

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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 campaign effectively. This may include information such as your name, email address, and transaction details. Rest assured, we only collect information that is necessary for the campaign and in accordance with our Privacy Policy.
• Use of Information: The information collected from you may be used to communicate with you regarding the campaign, notify you of any updates or changes, and facilitate the distribution of prizes or 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 campaign 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.

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General Terms and Conditions:

By accessing and using our services, including participating in Scratch em all, you agree to abide by these general terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from using our services.

• 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 campaign. Modak has the right, in its sole discretion, to maintain the integrity of the Promotion, 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 Promotion rules; or the use of bots, macros or scripts or other technical means for entering.
• 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, without prior 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 Promotion 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: By entering the Promotion you agree to receive email newsletters periodically from Modak. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
• Review of Terms: Participants are encouraged to review Modak's privacy policy and terms of service, which govern the use of our services in addition to these general terms and conditions.
• Redemption of Prize: The prize awarded in Scratch em all in MBX is redeemable within seconds after receiving it.  The prize awarded in Scratch em all as a photo does not  redeem in dollars and the prize awarded in Scratch em all in electronics is redeemable within 72 hours from the date of the winning notification. Failure to redeem the prize within this timeframe will result in forfeiture of the award.

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!

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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 24/7 Live Chat: We offer a convenient in-app live chat feature available 24/7 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.

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

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Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025. Requests must be received no later than 10 business days after the end of the Scratch em all 

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

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This promotion 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 Promotion and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.