1.1 Fees; Charges; Taxes. Fees and any other charges for the use of WinnerPicker Services are described on the Site at: http://winnerpicker.com/pricing. Fees may change from time to time. If we change them, we will give you at least 30 days' notice before implementing the change. If they do change, your continued use of our Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction.
Fees paid to WinnerPicker for products and service offered on the Site, unless otherwise specified in writing, are non-refundable. If your use of the Site is terminated by us because of your breach of these Terms, we will retain fees and charges paid by you for your use of the Site. If we terminate your use of the Site for any reason other than your breach of these Terms, we will refund your subscription fee on a pro rata basis.
If you register for an account with WinnerPicker, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms we provide ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to WinnerPicker, and to keep Registration Data accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to WinnerPicker. You are responsible for all activity on your WinnerPicker account, and for all charges incurred by your WinnerPicker account.
Users and Entrants to Promotions and Services are bound by the contents of the WinnerPicker User Agreement (http://winnerpicker.com/terms) which also specifies rules of conduct to be followed by WinnerPicker and its Sponsors in order that we and you can take advantage of our contractual rights specified in the WinnerPicker User Agreement. While you may provide your own Website's terms of service agreements for Users and Entrants, you acknowledge you have read and understood the WinnerPicker User Agreement and that anyone utilizing WinnerPicker software, websites and other online services to access Sponsor's websites is also covered by the Terms of Service contained in the WinnerPicker User Agreement.
4.2 WinnerPicker's proprietary Promotion technology also has the ability to collect data other than personally identifiable information for various kinds of Promotions it facilitates online. WinnerPicker may collect information about the User/Entrant's computer configuration, such as browser type, operating system, or ISP domain name. WinnerPicker may collect information about the site the User/Entrant last visited prior to the Promotion or about User/Entrant activity during its visit to the Promotion site. This information may be used by WinnerPicker to administer the technical and operational aspects of this site, and may include using User/Entrant IP address to help diagnose problems with our server. User/Entrant IP addresses may also be used to gather broad demographic information for aggregate use. WinnerPicker may use a cookie, a piece of data stored on the User's hard drive containing information about the User, to assist in performing some or all of these activities and also to limit Entrant's ability to play a Promotion more times than allowed, if such a restriction applies to your Promotion.
4.3 From time to time, you and WinnerPicker may agree to allow WinnerPicker to offer Entrants to a Promotion an opportunity to "opt-in" to receiving marketing information from WinnerPicker and third party Sponsors. Typically, your agreement to allow third party Sponsors to receive-participate in Promotions will require you be granted reciprocity to participate in that Sponsor's Promotions. In such cases, on the Promotion registration page, a WinnerPicker "opt-in" question will appear clearly explaining to potential Entrants and Users that by checking the box they will be agreeing to share their personally identifiable information with WinnerPicker for such limited purposes. When individuals "opt-in" to receive information from WinnerPicker, they are agreeing to receive email and other notices from WinnerPicker, including marketing messages, surveys, special offers and notices about other Promotions. Such notices may come from WinnerPicker itself or its Sponsors, including you.
4.4 You are forbidden from requesting anyone to submit personal medical information, social security information, payment card details, or financial information in WinnerPicker Promotions or Services.
6.1 The content on the Website and the Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are either owned by or licensed to WinnerPicker or the Sponsors, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. WinnerPicker reserves all rights not expressly granted in and to the Website and its Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Website for any commercial purposes.
6.2 WinnerPicker will endeavor to enforce your intellectual property rights and copyright protections from infringement by Users and Entrants as set out in the Terms of Service of the WinnerPicker User Agreement but you recognize WinnerPicker has limited ability to do so. WinnerPicker will process and investigate proper notices of alleged copyright or other intellectual property infringement related to your Content on its websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Where appropriate, and regardless of the merits of the alleged infringement, our response may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice from you, or about your site, we may notify the owner or administrator of the affected Site or Content so that he or she can make a counter notification. WinnerPicker will, following appropriate investigation, terminate or disable access by repeat infringers. Claims of alleged copyright or other intellectual property infringement must be in writing and directed to WinnerPicker's designated agent.
WinnerPicker's designated agent may be contacted at:
7.1 These provisions for Service apply to all Users and Entrants of the WinnerPicker websites and/ or the Sponsor's services and websites, collectively, the Sites, including Users who are also contributors of user submitted content, information, and other materials or services on the websites and/or the services.
7.3 WinnerPicker offers functionality that utilizes YouTube API Services. By using this functionality, you are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
8.1 Through its Website, WinnerPicker supports the submission by Entrants, Users and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. To the extent your Site accepts User Content it is with the understanding the User is responsible for its own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, Users affirm, represent, and warrant that: (a) Users own or have the necessary licenses, rights, consents, and permissions to use and authorize WinnerPicker to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (b) Users have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Promotions and Services. WinnerPicker cannot and does not represent User submissions will comply with such provisions and WinnerPicker does not have the ability to ensure such compliance.
8.2 You understand that when using the Website and/or the Services, you will be exposed to User Submissions from a variety of sources, and that WinnerPicker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WinnerPicker with respect thereto, and agree to indemnify and hold WinnerPicker, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
We take security seriously. We strive to maintain a reliable and secure environment for your Promotion activities. However, no system is perfectly secure or reliable; the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Sponsors who choose to accept information on this Site or pay for Services offered through this Site, accept these risks to the security of that information.
The Site contains links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. Third Party Sites include social network platforms, User, Entrant and Sponsor sites, payment processors and other payment intermediaries that you may use in connection with your use of the Site. If you use links to Third-Party Sites, any Third- Party Content or service provided there are at your own risk. WinnerPicker does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. WinnerPicker provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply WinnerPicker's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. WinnerPicker accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES FROM WINNERPICKER OF ANY KIND, EITHER EXPRESS OR IMPLIED. WINNERPICKER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WINNERPICKER DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. While WinnerPicker attempts to make your access to and use of the Site safe, WinnerPicker does not represent or warrant that the Site or any Content are free of bugs, viruses, Trojan horses, or other harmful components which may be transmitted to or through the site or the services.
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST WINNERPICKER, ITS AFFILIATES OR SUBSIDIARIES, THEIR CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, to the full extent as permitted under law, neither WinnerPicker nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from WinnerPicker or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions of the site, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to WinnerPicker or any other Released Party's records, programs or Services.
You agree to defend, indemnify and hold harmless WinnerPicker from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, from your Agent(s)' use of the Site and from the use of the Site by any person to whom you give access to your account (such as staff), including any Sponsor provided Content that infringes the rights of any third-party, including the intellectual property rights of any third-party. Although WinnerPicker will not be liable for your losses caused by an unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of this Agreement.
14.1 PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. The Site is controlled by WinnerPicker and operated from its offices in Washington State. You and WinnerPicker both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and WinnerPicker explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Washington and the federal laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or Promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to Promotions or advertising); (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement.
Sponsors who access or use the Service from foreign jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of that foreign jurisdiction, including, but not limited to those related to sponsoring contests, drawings, sweepstakes or other forms of Promotions found on the websites.
14.2 If you are a United States federal government agency, this Amendment applies to you.
WinnerPicker reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of the Services, at any time and in its sole discretion. If we do so, we will notify you by means identified in this Agreement. If you do not agree with the changes, you can cancel your account with us without further obligation, except any amount due, if applicable. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the WinnerPicker Website, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should, from time to time, review the Agreement and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of our Services. The Agreement will always show the "last updated" date at the top. If you do not agree to any amended Agreement, you must stop using the Services. If you have any questions about the Agreement, please email us at Sponsor Support at email@example.com.
Notwithstanding any provision of these Terms, WinnerPicker reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your right to use or access the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
You and WinnerPicker may terminate this Agreement and your use of the Site at any time. If you terminate your use of the Site, if applicable, you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your WinnerPicker account is terminated, your Content will, shortly thereafter, not appear on the Site. You acknowledge and agree that WinnerPicker has no obligation to migrate or provide assistance in migration of data from the Site. Notwithstanding the foregoing, WinnerPicker support may help Sponsors with the transfer of any stored data upon request. After thirty (30) days from the date of termination, WinnerPicker takes no responsibility for stored data and reserves the right to delete all remaining data. If these provisions expire or terminate for any reason, Sections 5, 12, 13 and 14 contain explicit provisions limiting and shifting WinnerPicker's liabilities and any representation or warranty you make in this Agreement shall survive indefinitely.
17.2 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WinnerPicker without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
17.3 Export Control. Any software or technology obtained from WinnerPicker through the Service, including the Mobile Software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from WinnerPicker may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.
17.4 Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with WinnerPicker in connection with the Service, shall constitute the entire agreement between you and WinnerPicker concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
17.5 No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WinnerPicker's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17.6 Contact. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.