A Court authorized the notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights. The Honorable Karen L. Wilson, of the Henderson County Circuit Court, Commonwealth of Kentucky, is overseeing this case. The case is called Kingston v. SpinX Games Ltd., Case No. 24-CI-00062. The person who sued is called the Plaintiff. The Defendant is SpinX Games Ltd.

In a class action, one or more people called class representatives (in this case, Brooke Kingston) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.

The lawsuit claims that Defendant violated Kentucky’s gambling laws through the sale of virtual coins in the Games Slots. SpinX denies all claims and that it violated any law.

The Court has not decided whether the Plaintiff or SpinX should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

More information about the Settlement and the lawsuit are available in the “Important Documents” section of the settlement website, or by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.wawd.uscourts.gov, or by visiting the office of the Henderson County Circuit Court Clerk, 5 N. Main St. Henderson, KY 42420, between 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals who, in Kentucky (as reasonably determined by billing address information, IP address information, or other information furnished by SPINX), spent $5.00 or more within a 24-hour period on Cash Frenzy on the dates between December 18, 2018 and February 24, 2021, Lotsa Slots on the dates between March 27, 2019 and February 4, 2021, Jackpot World (previously known as Jackpot Mania) on the dates between May 18, 2018 and March 8, 2021, Jackpot Crush on the dates between November 26, 2019 and February 24, 2021, and Vegas Friends on the dates between April 13, 2019 and March 2, 2021.

Monetary Relief: If approved by the Court, SpinX will establish a Settlement Fund totaling $285,500. Settlement Class Member payments, as well as the cost to administer the Settlement, the cost to inform people about the Settlement, any attorneys’ fees and costs awarded by the Court, and any incentive award to the Class Representative approved by the Court will also come out of this fund (see Question 13).

Prospective Relief: SpinX has also agreed to take or maintain measures designed to address video game behavior disorders, including providing self-service resources to players, providing for voluntary self-exclusion, and implementing in-game mechanics to ensure that players who run out of sufficient virtual coins will be able to continue to play the games without waiting an unreasonable amount of time.

A detailed description of the settlement benefits can be found in the Settlement Agreement available on the Important Documents page.

If you are member of the Settlement Class, you may submit a Claim Form to receive a portion of the Settlement Fund. The exact amount of your payment can’t be determined at this time, but you can get an estimate by visiting the Payment Estimate Calculator page. The amount of your payment will depend on, among other things, (1) the total dollar amount of in-game purchases you made while playing the Games, with those who spent more money receiving a higher percentage back, and (2) how many Settlement Class Members submit claims. If you would like more information about how Settlement Payments are determined, please review the Settlement Agreement on the Important Documents page.

You should receive a check or electronic payment from the Settlement Administrator within 90 days after the Settlement has been finally approved and/or any appeals process is complete. The hearing to consider the final approval of the Settlement is scheduled for January 13, 2025. If you elect to receive your payment via check, please keep in mind that checks will expire and become void 180 days after they are issued. If appropriate, funds remaining from the initial round of uncashed checks, or electronic payments that cannot be processed, may be used for a second distribution to Settlement Class Members and/or may be donated to the Civil Rule 23 Account maintained by the Kentucky IOLTA Fund Board of Trustees.

If you are a Class Member and you want to get a payment, you must complete and submit a Claim Form by February 20, 2025. Claim Forms can be found and submitted online, or you may have received a Claim Form in the mail (and which you can then submit by mail). You may submit a Claim Form online by clicking "File a Claim," download a paper copy on the Important Documents page, or request a copy by calling toll free, 1-888-825-1288. We encourage you to submit your claim electronically. Not only is it easy and secure, but it is completely free and takes only minutes.

If the Settlement becomes final, you will give up your right to sue SpinX and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against SpinX are described in the Settlement Agreement. You will be “releasing” SpinX and certain of its affiliates, employees and representatives as described in Section 1.28 of the Settlement Agreement. Unless you exclude yourself (see Question 14), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available on the Important Documents page of this website.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 12 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

If you do nothing, you won’t get any benefits from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against SpinX for the claims being resolved by this Settlement.

The Court has appointed two lawyers at the firm Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. Those lawyers – Philip L. Fraietta and Alec M. Leslie – are called “Class Counsel.” They are experienced in handling similar class action cases. More information about these lawyers, their law firm, and their experience is available at www.bursor.com. They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

Class Counsel attorneys’ fees, costs, and expenses will be paid from the Settlement Fund in an amount to be determined and awarded by the Court. The fee petition will seek no more than one third of the Settlement Fund in attorneys’ fees, costs, and expenses. The Court may award less than this amount.

Subject to approval by the Court, the Class Representative may be paid an Incentive Award from the Settlement Fund for helping to bring and settle the case. The Class Representative will ask for $5,000 as an incentive award.

To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the “Kingston v. SpinX Games Ltd., Case No. 24-CI-00062 settlement.” Your letter or request for exclusion must also include your name, all Player ID(s), your address, and any email address(es) associated with your Cash Frenzy, Lotsa Slots, Jackpot World (previously known as Jackpot Mania), Jackpot Crush, or Vegas Friends account, your signature, the name and number of this case, and a statement that you wish to be excluded. You must mail or deliver your exclusion request no later than November 12, 2024 to:

SpinX Games Settlement
c/o JND Legal Administration
P.O. Box 91225
Seattle, WA 98111

No. Unless you exclude yourself, you give up any right to sue SpinX for the claims being resolved by this Settlement.

No. If you exclude yourself, you should not submit a Claim Form to ask for benefits because you won’t receive any.

If you are a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Kingston v. SpinX Games Ltd., Case No. 24-CI-00062 and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, all Player ID(s), your address, the basis upon which the objector claims to be a Settlement Class Member, including any email address(es) associated with your Cash Frenzy, Lotsa Slots, Jackpot World (previously known as Jackpot Mania), Jackpot Crush, or Vegas Friends account, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.

Class Counsel will file with the Court and post on this website its request for attorneys’ fees, costs, and expenses by October 28, 2024.

If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question 21), you must say so in your letter or brief. File the objection with the Court and mail a copy to these two different places postmarked no later than November 12, 2024.

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 9:00 a.m. on January 13, 2025 in the Commonwealth of Kentucky, Henderson County Circuit Court. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website or call 1-888-825-1288. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of such Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Kingston v. SpinX Games Ltd., Case No. 24-CI-00062.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than November 12, 2024, and be sent to the addresses listed in Question 17.

This Notice summarizes the Settlement. More details are in the Settlement Agreement, available on the Important Documents page. You may also write with questions to SpinX Games Settlement, c/o JND Legal Administration, P.O. Box 91225, Seattle, WA 98111. You can call the Settlement Administrator at 1-888-825-1228, or Class Counsel at 1-646-837-7150, if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information elsewhere on this website.