Thank you for visiting the WinPrizesHere website located at www.WinPrizesHere.com (the "Website"). The Website is an Internet property of Simplified Digital Marketing, Inc. and WinPrizesHere.com ("WinPrizesHere," "we" or "us"). Via the Website, end-users may register as WinPrizesHere members ("Members," each with a "Membership") which enables them to enter into contests and promotions from time to time ("Promotions”). Be advised that WinPrizesHere will feature and display third party advertising with the Promotions, as well as in between various Promotions ("Third Party Ads").
Unless explicitly stated otherwise, future offer(s) made available on the Website augmenting or otherwise enhancing current features of the WinPrizesHere Offerings shall be subject to the Agreement. WinPrizesHere shall not be liable to you or any third party for any suspension, modification or discontinuation of any WinPrizesHere Offerings, service, product or promotion offered by WinPrizesHere. You understand and agree that refusal to use the WinPrizesHere Offerings is your right and the sole remedy with respect to any dispute with WinPrizesHere.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and WinPrizesHere with respect to your use of the WinPrizesHere Offerings and supersedes all prior or contemporaneous representations, warranties, agreements and/or understandings between you and WinPrizesHere with respect to the WinPrizesHere Offerings. We may amend the Agreement from time to time in our sole discretion, without notice to you; provided, however, that any modification or amendment to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to disputes incurred prior to the applicable modification or amendment. By your use of any of the WinPrizesHere Offerings, you agree to comply with, and be bound by all of the terms and conditions within the Agreement effective at that time (other than with respect to disputes arising prior to the modification or amendment of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). As such, you should check the Website for updates and changes regularly.
2. Requirements. The WinPrizesHere Offerings are available only to legal residents of the United States, Australia, Canada, South Africa and New Zealand (collectively the “Authorized Territory”) and who can enter into legally binding contracts under applicable law. The Website is restricted for use by individuals under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age. Individuals under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, and/or not a legal resident of the Authorized Territory, do not have permission to use and/or access the WinPrizesHere Offerings.
3. Cancellation of Membership. You may cancel your Membership at your convenience by e-mailing email@example.com. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with WinPrizesHere.
4. Registration. To register as a Member and/or enter a Promotion, you must complete the applicable registration form located on the Website ("Application"). The required information may vary depending on which WinPrizesHere Offering you are attempting to access but at a minimum will include your e-mail address. Additional information may include some or all of the following: (a) full name; (b) mailing address; (c) title/gender and (d) date of birth (collectively, "Registration Data"). Once you submit your Application, WinPrizesHere will send a confirmation e-mail to the e-mail address that you provided upon registration. You are required to click on the link provide in confirmation e-mail to confirm your e-mail address and create your account (“Account”) to become a Member of the Website.
Each individual (“Person”) is permitted only one (1) WinPrizesHere Account. Any attempt by the same Person to create more than one (1) WinPrizesHere Account is grounds for cancellation of all of that Person’s existing and future WinPrizesHere Accounts, as well as the forfeiture of all Prize eligibility and any Prizes not yet fulfilled to that Person.
5. Rejection/Termination. WinPrizesHere may reject any Application or terminate any Membership/Account at our discretion at any time and for any reason.
6. Description of Promotions. Occasionally, the Website offers Members and, if applicable, non-Member end-users the opportunity to qualify for promotional prizes and other awards via Promotions. If you provide true and accurate information in connection with the Promotion Application and agree to the Official Contest Rules applicable to each Promotion, you are eligible to attempt to obtain promotional prizes and awards offered in the applicable Promotion. Be advised that WinPrizesHere will display certain Third Party Ads with in between various Promotions.
In order to enter Promotions featured on the Website, you must agree to and comply fully with the official rules of said Promotion. You are not required to purchase any products and/or services or interact with any Third Party Ads in order to enter any Promotion. Purchasing products and/or services or interacting with any Third Party Ads will not in any way increase your chances of any Prize Promotions.
YOU UNDERSTAND AND AGREE THAT WINPRIZESHERE DOES NOT TAKE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR INABILITY TO QUALIFY FOR THE PROMOTIONS, OR FOR ANY CLAIM IN CONNECTION WITH ANY PROMOTIONS. PLEASE UNDERSTAND THAT YOU AGREE THAT WINPRIZESHERE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION OR DISCONTINUATION OF ANY PROMOTION.
8. License Grant. As a Website-user and/or Member, you are granted a revocable, non-exclusive, non-transferable and limited license to access and use portions of the WinPrizesHere Offerings and associated content in accordance with the Agreement. At any time and for any reason, WinPrizesHere may terminate this license. You are permitted to use WinPrizesHere Offerings on one computer for your own personal use. No part of the WinPrizesHere Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than as expressly authorized. You agree not use any automated means or form of scraping or data extraction to access, query or other method to collect information or content from the Website. You may not copy, use, clone, emulate, rent, lease, decompile, sell, modify, disassemble, transfer or reverse engineer the WinPrizesHere Offerings, content or any portion thereof. WinPrizesHere reserves any and all rights not explicitly granted in the Agreement. You may not use any device, routine or software to disrupt, interfere or attempt to disrupt or interfere with the proper working of the WinPrizesHere Offerings. Your right to use the WinPrizesHere Offerings is not transferable.
9. Proprietary Rights. The organization, content, graphics, design, magnetic translation, compilation, digital conversion, software, services and other matters related to WinPrizesHere Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, publication, redistribution or sale of any part of the WinPrizesHere Offerings is strictly prohibited. You do have ownership rights in or to the WinPrizesHere Offerings or any content, document, software, services or other materials viewed at or through the Website or otherwise by and through the WinPrizesHere Offerings. The posting of information or material on the Website or otherwise by and through the WinPrizesHere Offerings by WinPrizesHere does not constitute a waiver of any right in or to such information and/or materials.
10. Editing, Deleting and Modification. We reserve the right to edit and/or delete any documents, information or other content appearing on the Website or otherwise by and through the WinPrizesHere Offerings in our sole discretion.
11. Indemnification. You agree to indemnify and hold WinPrizesHere, its parents, subsidiaries and affiliates, and each of their respective members, employees, officers, directors, co-branders, other partners, and/or agents harmless from and against any and all claims, expenses (including attorneys' fees), damages, costs, suits, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the WinPrizesHere Offerings; (b) any dispute between you and any Member or Website-user; (c) your breach of the Agreement; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of WinPrizesHere, its parents, subsidiaries and/or affiliates, and each of their respective members, employees, officers, directors, agents, shareholders, attorneys, suppliers and/or licensors. Each of these individuals and entities has the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE WINPRIZESHERE OFFERINGS AND/OR ANY OTHER PRODUCTS/SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED TO YOU ON AN " AS AVAILABLE" AND "AS IS" BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WINPRIZESHERE MAKES NO WARRANTY THAT: (A) THE WOWSTAKE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WINPRIZESHERE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; OR (C) RESULTS THAT AVAILABLE ON THE WEBSITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON THE WEBSITE WILL BE RELIABLE OR ACCURATE. THE WINPRIZESHERE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE ON THE WEBSITE MAY CONTAIN BUGS, PROBLEMS, ERRORS OR OTHER LIMITATIONS. WE DO NOT TAKE LIABILITY FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WINPRIZESHERE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WINPRIZESHERE, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER WINPRIZESHERE OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINPRIZESHERE IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINPRIZESHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WINPRIZESHERE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE; (B) THE COST OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, GOODS, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE UNAUTHORIZED ALTERATION OF OR ACCESS TO YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER ARISING FROM THE INABILITY TO USE THE WINPRIZESHERE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT ARE AVAILABLE ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE WINPRIZESHERE FROM ANY AND ALL LIABILITIES, OBLIGATIONS AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF WINPRIZESHERE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WINPRIZESHERE. THE ABILITY TO USE THE WINPRIZESHERE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
14. Third Party Websites. The WinPrizesHere Offerings may refer and link you to other websites and/or resources. Because WinPrizesHere has no control over third party websites and/or resources, you acknowledge and agree that WinPrizesHere holds no responsibility for the availability of such third party websites and/or resources. Furthermore, WinPrizesHere does not endorse, and does not hold any responsibility or liability for, any terms and conditions, privacy policies, services, content, advertising, products and/or other materials at or available by third party resources or websites, or for any damages and/or losses arising therefrom.
16. Legal Warning. You may not take any action imposing an unreasonable or disproportionately large load upon the WinPrizesHere infrastructure. Any attempt by any individual or entity, whether or not a WinPrizesHere Member, to damage, tamper with, destroy, vandalize and/or otherwise interfere with the operation any WinPrizesHere Offering is a violation of civil and criminal law and WinPrizesHere will pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
17. Dispute Resolution Provisions. The Agreement shall shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the WinPrizesHere Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found at https://www.WinPrizesHere.com/i/WinPrizesHere-docs; and (b) the parties agree to submit their dispute for resolution before a reputable arbitration organization. WinPrizesHere may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you choose not to accept it, or we cannot otherwise satisfactorily resolve your dispute, you may submit your dispute for resolution by arbitration before an arbitration organization mutually agreed upon by both parties, in your county of residence. You may do so by filing a separate Demand for Arbitration, which is also available on the Website at https://www.WinPrizesHere.com/i/WinPrizesHere-docs. For claims of Five Thousand Dollars ($5,000.00) or less, you may choose whether the arbitration proceeds in person, by telephone or based only on submissions. Should the arbitrator award you relief greater in amount than the Final Settlement Offer, we will pay all administration, filing and arbitrator fees associated with the arbitration and we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, pursuing and preparing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) pursuing the matter in small claims court rather than arbitration; and/or (ii) seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Although we may have the right to an award of attorneys' fees and expenses should we prevail in arbitration, we will not seek such an award from you with the exception that the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against WinPrizesHere and/or its officers, employees, directors, representatives, members and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove yourself as a participant in any such suit. You also agree to pay the court costs and attorney's fees that WinPrizesHere incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) is not a waiver of any of your rights or remedies to individually pursue a claim and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. By providing written notice within thirty (30) days of the date that you first access the Website, you may opt-out of these dispute resolution provisions.
18. Miscellaneous. Should any part of the Agreement be held unenforceable or invalid, remaining portions shall remain in full force and effect. To the extent that anything in or associated with any WinPrizesHere Offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, in the event that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, the Official Contest Rules shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
19 . Contact Us. If you have any questions regarding the Agreement, the WinPrizesHere Offerings or would like more information, you may contact us by calling customer service at: 616-528-0338; you may also email us at: firstname.lastname@example.org or send us mail to: Simplified Digital Marketing, Inc. c/o WinPrizesHere, 2885 Sanford Ave SW #31899, Grandville, MI 49418.