WinnerPicker, LLC, and its related companies, collectively, we call "WinnerPicker", provides software, Facebook enabled applications, websites and other online services to enable its business clients (Sponsors) to operate sweepstakes, contests, promotions, websites, website plugins, Facebook page apps, surveys, polls, and other market data gathering activities, collectively called Promotions or Services. WinnerPicker Promotion Software and Services are designed to allow Sponsors to gather personally identifiable information from Users who choose to enter a particular Promotion together with anonymous data regarding the Promotion itself. This data is gathered for use by the Sponsors for various marketing purposes, including targeted marketing of its products. WinnerPicker takes its privacy obligations to both the people who enter the Promotions (Users) or (Entrants) and to its Sponsors very seriously and WinnerPicker complies with various state, federal and international privacy policies. To learn about WinnerPicker's privacy policy, please visit http://winnerpicker.com/privacy.
To the extent WinnerPicker collects personally identifiable information, it does so solely for the use of its Sponsors and the administration of the Promotions. WinnerPicker limits access to all personally identifiable information gathered within its organization and data is never shared outside of the company, with the exception of the Sponsors of the Promotions in which you decide to participate, or to comply with governmental or legal requests. WinnerPicker may contact you in connection with the Promotions you are a participant and use your personally identifiable information collected from past Promotions when you access future Promotions or utilize the WinnerPicker applications. You may also grant WinnerPicker permissions within Facebook applications running on our platform that allow us to share your activity within our applications on the Facebook platform and post on your behalf. These permissions may or may not be required for you to participate in certain Promotions and you may revoke these permissions at any time in your Facebook privacy settings. You may request that your collected personally identifiable information be deleted from WinnerPicker systems at any time by sending your request to support@winnerpicker.com.
By visiting and/or using the Website and/or entering any Promotions, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). These Terms of Service form a legally binding agreement between you and WinnerPicker in relation to your use of the Services. It is important that you take the time to read them carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, then you may not use the Services and may not accept this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service. Your continued use of the Website and/or the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website or the Services. It is your responsibility to regularly review these Terms of Service.
4.1 These Terms of 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.
4.2 Promotion content may contain links to Sponsor and/or third party websites that are not owned or controlled by WinnerPicker and, in order to access some features of the Promotion which are provided by, with or through a Sponsor or third party, you may have to create an account with such Sponsor or third party and/or enter into a separate commercial relationship with such entity. WinnerPicker has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any Sponsor's third party's websites or services. In addition, WinnerPicker is not able to censor or edit the content of any third party website or service, and its ability to control the content of a Sponsor's website is limited by the terms of our Subscription Agreement with that Sponsor. While WinnerPicker requests its Sponsors and third parties to comply with Federal Trade Commission rules and regulations for advertising and marketing on the internet, as a practical matter, WinnerPicker has no independent means to verify such content compliance. You expressly relieve WinnerPicker from any and all liability arising from your use of any Sponsor or third party website or service. Accordingly, we encourage you to be aware when you access some features of a website or services which are provided by, with or through a Sponsor or a third party, to read the terms and conditions and privacy policy of each third party's website and service that you access.
4.3 Promotions and Media Sponsors distribute Promotions and other media utilizing tools/services offered on the sites and Entrants and Users may enter or engage with such promotions and media. If you are an Entrant or User, you acknowledge to WinnerPicker you understand that Sponsors are responsible for promotions and media distributed through the site and for ensuring that such promotions and media comply with all applicable laws, rules, and regulations. If you enter a promotion, you should carefully review the official rules of the Promotion including any applicable privacy policy, these Terms, and any additional information or links provided in the Sponsor's terms of use. You are required to agree to the Sponsor's Official Rules including all linked terms, conditions, and policies before entering any promotion. You acknowledge that WinnerPicker is not responsible or liable for the failure of any Sponsor (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion. You acknowledge and agree that WinnerPicker does not sponsor, administer or endorse, and is therefore not liable for, the content of any promotion or media distributed through the Site. Sponsors may require you to provide personally identifiable information in order to participate in a certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that WinnerPicker may also use any information you provide consistent with WinnerPicker's Privacy Policy and these Terms. You acknowledge and agree that WinnerPicker is not responsible or liable for Sponsor's use or distribution of information you provide. Please see each Sponsor's promotion rules and privacy policy for details on how each Sponsor uses your personal information. You further agree to hold harmless WinnerPicker and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service. Your agreement to hold us harmless includes, without limitation, all of your claims related to the posting or removal of Content, User Content, or entries to or from the Site.
5.1 WinnerPicker hereby grants you permission to use its websites and services as set forth in this Terms of Service, provided that: (a) your use of the services as permitted is solely for your own use and not for the purposes of resale or redistribution; (b) you will not copy or distribute any part of the website or the services in any medium without WinnerPicker's prior written authorization; (c) you will not alter or modify any part of the website or the services other than as may be reasonably necessary to use the website or the services for its intended purpose; and (d) you will otherwise comply with the terms and conditions of these Terms of Service.
5.2 In order to access some features of the WinnerPicker or Sponsor's website or the services, you may have to create an account with WinnerPicker and/or the Sponsor and/or enter into a separate commercial relationship with the Sponsor. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the website or the services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WinnerPicker or the Sponsor, as the case may be, immediately of any breach of security or unauthorized use of your account. Although WinnerPicker will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.
5.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website Promotions. Notwithstanding the foregoing, WinnerPicker grants the operators of public search engines permission to use spiders to copy materials from WinnerPicker's website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WinnerPicker reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the services with respect to their User Submissions (as defined below).
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. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WinnerPicker reserves all rights not expressly granted in and to the Website and the 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 of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website, the Services or the Content therein.
6.2 WinnerPicker respects the intellectual property of others, and we ask you to do the same. You, therefore, agree that any content in your User Submission that you post to the Service does not and will not violate any law or infringe the rights of any third party, including, without limitation, any intellectual property rights, publicity rights, or rights of privacy. It is important that you understand that you are in the best position to know if the content you post is legally allowed. Take the trouble to review web resources devoted to providing information about copyright and fair use. If in doubt, leave it out. WinnerPicker may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
Notice of claims of copyright or other intellectual property infringement can be made as follows:
6.3 WinnerPicker's proprietary Promotion technology has the ability to collect data other than personally identifiable information for various kinds of Promotions it operates online. WinnerPicker may collect information about your computer configuration, such as your browser type, operating system, or ISP domain name. WinnerPicker may collect information about the site you last visited prior to the Promotion or about your activity during your 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 your IP address to help diagnose problems with our server. Your IP address 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 your ability to play a Promotion more times than allowed, if such a restriction applies. You can set your browser to accept all, some, or no cookies. If you set your browser to reject all cookies, you may be limited in your ability to access some, or all aspects of a particular Promotion. By using the WinnerPicker Website or entering Promotions on Sponsor's Website, you are authorizing this data gathering activity.
7.1 The Website supports the submission by you 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. You understand that whether or not such User Submissions are published, WinnerPicker does not guarantee any confidentiality or protection of your Content against use by third parties with respect to any of your submissions.
7.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you 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) you 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 these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to WinnerPicker, you hereby grant WinnerPicker a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicenseable and transferable license to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, publicly display, and publicly perform the User Submissions in connection with the Website and WinnerPicker's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and pursuant to these Terms of Service.
7.3 In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WinnerPicker all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage WinnerPicker or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates WinnerPicker's Acceptable Use Policy; (g) or impersonate another person. WinnerPicker does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and WinnerPicker expressly disclaims any and all liability in connection with User Submissions. WinnerPicker does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and WinnerPicker will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. You acknowledge that WinnerPicker and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. WinnerPicker also reserves the right to terminate a User's access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. WinnerPicker also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. WinnerPicker may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7.4 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.
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 SPONSORS, 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.
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.
11.1 Notification Procedures and changes to these Terms. WinnerPicker may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by WinnerPicker in our sole discretion. WinnerPicker reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. WinnerPicker may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. WinnerPicker is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
11.2 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.
11.3 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.
11.4 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.
11.5 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.
11.6 Contact. Please contact us at support@winnerpicker.com with any questions regarding these Terms.