Effective Date: This Terms of Use Agreement was last updated on November 9, 2009.
This Terms of Use Agreement sets forth the standards of use of SweepsNation, LLC (SweepsNation) online service at their website www.SweepsNation.com (SweepsNation.com) which provides a turnkey sweepstakes software application (the "Service") that helps third-party promotion sponsors (individually and collectively "Sponsors") publish their internet sweepstakes promotions (individually and collectively "Promotions"). In the case of some promotions, the service also provides an online custom survey for Sponsors to create for sweepstakes entrants and coupon feature as an added service for the Sponsor to include. By using the service, you agree to be bound by these terms of use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SweepsNation.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
SweepsNation reserves the right to change or revise these Terms of Use at any time by posting any changes or revised Terms of Use on their website, SweepsNation.com.com at any time and in its sole discretion. Notice will be provided by posting such changes on SweepsNation.com and updating the "Date of Last Revision" (listed above), and such changes will apply to any use of the Service made after the changes are posted to SweepsNation.com. You also expressly waive any right you may have to individual notice of such changes to the Terms of Use. Therefore, you should review these Terms of Use prior to each use of the Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Service.
1. Disclaimer of Warranties
The site is provided by SweepsNation on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, SweepsNation makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. SweepsNation shall have no liability for any interruptions in the use of this Website. SweepsNation disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
2. Limitations of Liability
SWEEPSNATION SHALL NOT be liable for any damages whatsoever, and in particular SweepsNation shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SweepsNation has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
Sponsor agrees to indemnify and hold SweepsNation its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Sponsor's use of the Service, the violation of this Agreement, or infringement by Sponsor, or other user of the Service using Sponsor's computer, of any intellectual property or any other right of any person or entity.
4. Terms and Conditions Applicable to all users of the Service
SweepsNation provides a Service which provides a turnkey sweepstakes software application that helps third-party promotion Sponsors publish their Internet Sweepstakes Promotions. In the case of some promotions, the service also provides an online custom survey for Sponsors to create for sweepstakes entrants and coupon feature as an added service for the Sponsor to include.
SweepsNation does not actively monitor the use of the Service or Sponsor Promotions. Similarly, SweepsNation does not exercise editorial control or review over the content or nature of any Promotion or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the Promotions. If at any time SweepsNation chooses, in its sole discretion, to monitor a Promotion, SweepsNation nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for the conduct of any third party entering or conducting a Promotion. SweepsNation intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on SweepsNation.com or of any applicable laws, rules, or regulations. By using the Service, you release SweepsNation from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that SweepsNation reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on SweepsNation.com and updating the "Date of Last Revision" for relevant terms, policies, and/or guidelines, and such changes will apply to any use of SweepsNation.com or Service made after the changes are posted to SweepsNation.com. You also expressly waive any right you may have to individual notice of such changes.) SweepsNation may take any one or more of the following actions, or other actions not listed, at SweepsNation's sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on SweepsNation.com or associated with the Service: (i) issue warnings: written or verbal; (ii) suspend or terminate a Promotion and/or your use of the Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
5. Modification and Interruption to Service
SweepsNation may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless SweepsNation and its respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.
SweepsNation cannot guarantee that the Service will be available to you or that the Service will function properly. SweepsNation does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. You further expressly understand and agree that your use of the Service is at your sole risk. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, SWEEPSNATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
6. Third-Party Sites
The Service may provide, or third parties may provide, links to other web sites or resources, including without limitation to Sponsor web sites or social networking web sites. Because SweepsNation has no control over such sites and resources, you acknowledge and agree that SweepsNation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Promotion, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SweepsNation and its respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Promotion, content, goods or services available on or through any such site or resource. When you leave SweepsNation.com, you should be aware that our terms and policies no longer govern. Please review the privacy policy of any third-party website that you have linked to from SweepsNation.com before you use such third-party website.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While SweepsNation makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
SweepsNation makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Agreement to Service
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a SweepsNation employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
- make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
- interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or SweepsNation.com, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service, SweepsNation.com, or any other host or network;
- access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by SweepsNation or used by SweepsNation in providing the Service; or
- use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
SweepsNation.com is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on SweepsNation.com.
9. Sponsors running Promotions
- Sponsor member account
All Sponsors shall create a member account and accordingly create a user name and password for this account. Sponsors are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Sponsor agrees to notify SweepsNation of any unauthorized use of Sponsor's account or any other breach of security known or should be known to the Sponsor. Sponsor's right to use the Service is personal to the Sponsor. Sponsor agrees not to resell or make any commercial use of the Service without the express written consent of SweepsNation. - Entrant's Personal Information
SweepsNation acknowledges that you will receive information provided to you by each participant in your sweepstakes promotions (the "Entrant"), as specified in your Promotion rules. You acknowledge and agree that SweepsNation has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance of the Promotions conducted using the Service; to communicate with Entrants (including without limitation by e-mail) about their use, misuse, and/or purchase of SweepsNation's products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and as otherwise permitted in SweepsNation's Terms of Use and online policies. In addition, SweepsNation may, from time to time, communicate with users of its non-white-label social network applications. Such notifications may include information about SweepsNation's products or services, including for example, about other Promotions available through the Service.
The Sponsor agrees that any information obtained about Entrants will be strictly used in compliance with the Can Spam Act of 2003 and posted privacy policies.
- Prize Delivery and Coupon Feature
The Sponsors participation in the Service commits them to furnishing a Grand Prize: ONE (1) GRAND PRIZE: to be determined each time the Sponsor uses the Service. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. SweepsNation will select one (1) entry for each Grand Prize in a random drawing of all valid entries received. The entrant will be contacted using the email address provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of the Sweepstakes rules.) SweepsNation's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Winners will be notified by email. Failure to respond to the initial verification e-mail within five (5) business days of date of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. If a Canadian resident is selected, he/she will be required to correctly answer a mathematical skill-testing question (3,000 + 1,000 + 500 - 4 = ) in order to be eligible for the prize. The Sponsor agrees that in accordance with the winner selection and validation process it will thereafter supply the agreed upon Grand Prize to the winner.
The Sponsor further agrees to honor any and all discounts and further promotional offers it includes within the coupon feature of the Service.
- Compliance with Laws and Regulations
You acknowledge and agree that SweepsNation's Service merely helps Sponsors publish their Promotions and that the Service provides no safeguards that ensure that you operate your Promotion properly or legally. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Promotion(s), including without limitation in connection with all advertising and marketing associated with your Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless SweepsNation and its respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service, your violation of these Terms of Use or any other agreement between you and SweepsNation, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Promotion(s), of any intellectual property or other right of any person or entity. SweepsNation will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will inure to the benefit of SweepsNation's successors, assigns and licensees.
- Charges
SweepsNation offers its service in exchange for a monthly subscription fee of $49.95 (the "Subscription"). The Sponsor agrees to participate in the Subscription for the duration of the sweepstakes promotion, a period of no less than sixty (60) days per promotion. The Service will include 60-day Internet Sweepstakes Promotion with multiple points of entry with a sweepstakes bade on the Sponsor's homepage linked to a custom landing page, listing posted on SweepsNation.com sweepstakes engine with hyperlink to Sponsor site. The SweepsNation.com sweepstakes engine will be integrated with the site's Facebook application. The Sponsor will have access to the Entrant data through their member profile which will be created with their participation with the Service. The Service will also include the option for the Sponsor to create a custom consumer survey and coupon feature offering additional discounts and promotional offering for the Sponsor's business. SweepsNation will select and validate all sweepstakes winners and will from time to time include the Sponsor promotion in SweepsNation's newsletter to SweepsNation.com members who agree to receive such transmittance.
By participating in SweepsNation's Service the Sponsor agrees that they have the authority to make such a purchase on behalf of the Sponsor corporation or individual or other party which is being represented.
10. Governing Jurisdiction of the Courts of the State of New Jersey
SweepsNation and SweepsNation.com are operated and provided in the State of New Jersey. As such, we are subject to the laws of the State of New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that SweepsNation.com or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey.
11. Compliance with Laws
Sponsor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Sponsor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Sponsor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 SweepsNation, will all rights reserved, or is the property of SweepsNation and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SweepsNation is strictly prohibited. Sponsors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SweepsNation.
All other trademarks displayed on SweepsNation.com are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with SweepsNation.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SweepsNation designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: PO Box 375 Morganville, NJ 07751
By Telephone: (732) 333-4703
By Email: Info@SweepsNation.com
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SweepsNation, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Sponsor. Sponsor agrees that by accepting this Terms of Use Agreement, Sponsor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.