RETAINER AGREEMENT
By executing this agreement with your eSignature below, you agree to retain Levi & Korsinsky, LLP to represent you in connection with an investigation, and if appropriate, as a plaintiff in a class action, arbitration, or individually, in connection with claims you may have against Sweepsteaks Limited, and its affiliates and subsidiaries (hereinafter collectively "Stake.us") arising from potential violations of state gambling loss-recovery statutes and consumer-protection laws relating to Stake.us's online sweepstakes-style casino games, including alleged unlicensed gambling and misrepresentations or inadequate disclosures concerning the nature and legality of those games and the recovery of money lost (the "Agreement"). Once e-signed by you at the bottom of this document, the Agreement becomes binding on you and Levi & Korsinsky, LLP.
The terms under which we will represent you as a plaintiff in a class action, arbitration, or individually are:
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- We will prosecute the action on a contingency fee and cost basis.
- We will advance all fees and expenses necessary to prosecute the case, regardless of whether the case proceeds as a class action, arbitration, or an individual action. You will have no responsibility for legal fees and expenses. In other words, legal fees and expenses will be paid out of any recovery paid by the defendant (or its insurers). Should the case proceed as a class action, any payment of legal fees and expenses will be subject to the court's approval.
- If we are not successful in obtaining a recovery or settlement, the responsibility for these fees and expenses is ours alone; regardless of the outcome, you have no responsibility for any fees or expenses. If we do not obtain a recovery on your behalf, you do not owe us anything.
- Expenses are deducted from your gross recovery before attorney's fees are deducted. For example, expenses that we pay to assist in the arbitration or litigation process (such as, filings fees, experts, vendors, messengers, etc.) are deducted at the actual cost. You will be provided information as to the amount of expenses we incurred to the extent it will be deducted from your award. This applies regardless of when the case is settled.
- You agree to pay Levi & Korsinsky a contingent fee of 40% of the net proceeds of any recovery received through an individual settlement, judgment, or otherwise. Net proceeds are defined as proceeds received after deduction of the reasonable and necessary expenses of investigation and the litigation. To the extent the law in your state restricts the amount or percentage of contingent fees, and we are entitled to receive a percentage less than 40%, we will limit our fee to the maximum amount allowed. The fee is negotiable, and by executing this Agreement you acknowledge that the fee was the result of an arms-length transaction between you and us.
- Should your claim settle before arbitration or litigation proceedings are started on your behalf, we will be paid the greater of 40% of the total recovery obtained for you, or a flat fee of $750. You recognize and agree that this is fair and reasonable considering the skill, risk and expense that Levi & Korsinsky will dedicate to your case.
- Should your case settle after arbitration or litigation proceedings are underway, in addition to recovering expenses, Levi & Korsinsky would be entitled to the greater of the fee discussed in paragraph 5 or an amount commensurate with the reasonable time we have spent on your case up until that point. This method of payment of attorney's fees, referred to as the lodestar approach, represents the number of hours worked by the attorneys multiplied by their hourly rates. Levi & Korsinsky's attorney rates range from $475 to $1,500, with paralegal rates at $375. You recognize and agree that the lodestar approach is reasonable considering the risk and expense that Levi & Korsinsky will dedicate to your case.
- During the course of our representation of you, we may employ and/or work with other law firms to prosecute your claim.
- Through the execution of this Agreement, you confirm that you have not signed a retainer agreement or have any verbal agreement with any other lawyers to pursue claims in connection with your claims against Stake.us. If at a later time, you recall or we discover that you had an agreement with other counsel, you grant us the authority to communicate with that counsel on your behalf and in the capacity of your counsel in connection with claims associated with your claims.
- You choose your counsel. Should you choose to substitute counsel at a later point in time, we remain entitled to a fee for, at a minimum, services rendered plus expenses. Should you substitute us with another counsel for good cause and you afterward attain a settlement, recovery, or judgment, you agree to pay us reasonable fees and expenses for legal services rendered. Should we withdraw as counsel and you afterward attain a settlement, recovery, or judgment, you agree to pay us reasonable fees and expenses for legal services rendered. Should you substitute us with another counsel without or with no good cause and you afterward attain a settlement, recovery, or judgment, you agree to pay us the full fee amount contemplated by this Agreement.
- Withdrawal from our representation of you can occur should we later determine that the prosecution of your claims is not financially viable, or should you ignore our communications or case or arbitration strategy, or should you fail to comply with any other portion of this Agreement. Financial viability of your claims can be affected by a variety of factors. To the extent a conflict of interest arises during the course of our representation of you, we will promptly bring that to your attention and consider withdrawal from our representation.
- To ensure that you will be able to prosecute the claims at issue and recover for damages suffered, please set aside and preserve any documents related to your relationship and experience with the defendant in this case, including electronic records. If we can assist in identifying and preserving relevant documents and electronic files, please contact us.
- You agree to fully assist and cooperate with us regarding your case. You agree to be truthful and to promptly, accurately, and completely provide us with all relevant facts, preserving all pertinent evidence, and being available for discussions, meetings, and any required court or arbitration proceedings. The representations by Client in the Certification below are material terms of this Agreement. Failure to provide us with any requested information may delay or prevent us from filing your claim or hurt the value of your claim.
- You agree to keep us informed of any changes to your contact information. All communications regarding this Agreement shall be directed only to support@client.zlk.com. The Firm may also use reasonable methods to document communications concerning your matter, including written notes, summaries, and, where appropriate, audio recordings and transcriptions of calls or meetings, which will be treated as confidential client information.
- The Firm may record and transcribe telephone calls, video conferences, or meetings relating to this representation for the purpose of maintaining an accurate record of communications concerning the matter. By signing this Agreement, you consent to such recordings.
- By signing this Agreement, you agree to communicate with us electronically, and that we may – individually or as a group – text, call, leave messages, or email you at telephone numbers and other contact information you provided to us. You may stop these communications, at your discretion, by informing us that you no longer consent to receiving text messages or other select means of communication.
- You grant us the authority to negotiate settlements of your claims, individually or as a part of a collective or group settlement with other similarly impacted individuals. You understand that in connection with this matter, we may represent others who maintain similar claims. You further grant us the authority to make strategy decisions about arbitration or settlement on your behalf. The final decision as to whether to accept a settlement offer is yours. We acknowledge that you always retain the right to reject any settlement offer and must be informed of such offer.
- You grant Levi & Korsinsky, LLP the authority to pursue individual arbitration claims on your behalf. If Stake.us requires a notice letter personally signed by You to begin the dispute resolution process, I authorize and intend Levi & Korsinsky, to start this process. It is my intent to provide Levi & Korsinsky, LLP with my electronic signature and You consent to include Your electronic signature in the notice letter to be sent on Your behalf to Stake.us as the party against whom Levi & Korsinsky, LLP has agreed to represent You in connection with an arbitration.
- You understand that Levi & Korsinsky may represent multiple clients in this matter. Levi & Korsinsky represents that it is currently unaware of any actual conflicts that exist between clients arising from this joint representation. However, it is possible that the joint representation of multiple clients could result into conflict in ways that we cannot predict - which would potentially mean that you would need to obtain another attorney to prosecute your case. We will do our best to avoid any potential conflicts; however, we hereby advise you of this possibility. You acknowledge such potential conflict, waive the same, and confirm your desire to be represented by Levi & Korsinsky. By signing below, you agree to allow us to represent you jointly with other individuals who have similar claims against this defendant and related entities.
- You agree that our files and documents compiled in connection with our investigation and prosecution of this matter constitute the work product and property of this firm over which the firm has complete control with respect to its use and/or disclosure.
- Levi & Korsinsky will defend and indemnify you for any claims asserted against you for your institution, prosecution and/or resolution of this action including, but not limited to, claims or sanctions involving attorneys' fees or costs.
- If a dispute arises relating to this representation, you may have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the New York Supreme Court, a copy of which is linked here: https://ww2.nycourts.gov/rules/chiefadmin/137.shtml.
- This letter sets forth the entire agreement between the parties and supersedes all other oral or written provisions.
- Executed on {{Date}}, at {{Address}}.
{{First_Name}} {{Last_Name}}
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Levi & Korsinsky, LLP
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Declaration of {{First_Name}} {{Last_Name}}
I, {{First_Name}} {{Last_Name}}, provide the following declaration:
- I have personal knowledge of the facts in this declaration. My testimony on examination under oath concerning these facts would be the same as set forth herein.
- I am over 18 years of age.
- My permanent address is: {{Address}}.
- I played online sweepstakes-style casino games offered through Sweepsteaks Limited, and its affiliates and subsidiaries (hereinafter collectively "Stake.us"), and spent real money doing so. I relied on Stake.us's representations and marketing regarding the nature and legality of its games when deciding to play.
- I never authorized Stake.us, or any of their employees, agents, or contractors to misrepresent the nature or legality of its games, including whether playing for real money constituted unlicensed gambling under the laws of my state.
- I trusted Stake.us to operate lawfully and to accurately describe how its "dual-currency" system worked, including how money I spent related to coins that could be redeemed for cash or prizes.
- I have retained Levi & Korsinsky, LLP to investigate and pursue my related claims concerning Stake.us, including any claims to recover money I lost and any claims arising from allegedly unlawful gambling or misleading marketing and disclosures.
- I authorize Stake.us to disclose my account information, purchase history, redemption history, and any other relevant data to my counsel at Levi & Korsinsky, LLP to the full extent necessary to identify the existence of my account and resolve my claims at issue.
- It was brought to my attention that in order to use Stake.us's platform, players may agree and be bound to Stake.us's terms and conditions or terms of service, which may include an arbitration provision. That arbitration provision would require that Stake.us and I resolve disputes through arbitration proceedings.
- It was brought to my attention that regulators, attorneys general, and courts in a number of states have raised concerns that Stake.us's model may constitute unlicensed online gambling operating outside state gaming laws and consumer protections.
- I have retained Levi & Korsinsky, LLP and its co-counsel to investigate whether Stake.us or its affiliates operated unlawful online gambling, misrepresented or failed to adequately disclose the nature of its games, or otherwise violated applicable gambling loss-recovery or consumer-protection laws, and to pursue all available claims and remedies, including the recovery of my losses.
- Levi & Korsinsky, LLP is authorized to seek any recovery available to me under federal and state law, including the recovery of money I lost and statutory awards for each violation of applicable state gambling loss-recovery and consumer-protection laws. I further authorize Levi & Korsinsky to seek to enjoin Stake.us from its unlawful practices.
- Levi & Korsinsky, LLP has authority, as my counsel, to take action following any change to Stake.us's arbitration clause, including but not limited to opting me out of any updated arbitration terms, as part of their overall representation of me in connection with my claims against Stake.us.
- I authorize LK to pursue my claims for the violations described above through an arbitration administered per Stake.us's terms as of the date of this Affidavit, or through a class action if any such arbitration clause does not apply to me.
- I authorize Levi & Korsinsky, LLP to negotiate a settlement on my behalf that could include monetary, non-cash compensation, or a combination thereof.
I affirm under penalty of perjury under the laws of the United States that the foregoing is true and correct.
Executed on {{Date}}, at {{Address}}.
{{First_Name}} {{Last_Name}}
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