TERMS OF SERVICE
The Services include sweepstakes (the “Sweepstakes”), which consists of a series of overlapping, independent promotional giveaways, as well as contests (“Contests”), which consist of overlapping giveaways which may be interdependent or independent (each a “Giveaway” and, collectively, the “Giveaways”), each with a prizes to be awarded in accordance with the time period specified in the official rules for that Giveaway (each a “Promotional Period”), in which participants can win prizes. The Giveaways are subject to these Terms and the Official Rules for each SurveyCheddar Giveaway (the “Official Rules”), except as expressly stated in writing in the Giveaway description.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED AND WHERE ANY REGISTRATION OR BONDING WOULD OTHERWISE BE REQUIRED. SEE EACH GIVEAWAY’S OFFICIAL RULES FOR INFORMATION REGARDING ELIGIBILITY.
These Terms contain important provisions, including provisions that require arbitration of individual claims and limit your potential remedies.
USING THE SERVICES
Eligibility. You must be eighteen (18) years of age or older to use the Services. The Giveaways are open to legal residents of the United States who at the time of entry are at least eighteen (18) years old and the age of majority in their jurisdiction of residence, who have an Internet connection or mobile phone, and who create an account on our Website or App. Employees of SurveyCheddar, our Marketing Partners (as defined below) and their affiliates, Giveaway supervisors and members of their immediate families are not eligible to participate or win. The Giveaways are subject to all applicable federal, state and local laws, rules and regulations, and you can only use our Services if it is legal for you to do so as determined by the laws of the country, state, and/or territory in which you live and access the Services. By using the Services, you represent and warrant to us that you meet these eligibility requirements. We reserve the right, in our sole and absolute discretion, to terminate your access to the Website and the Services if we believe you may not meet these eligibility requirements.
Your Account. You will need to create an account on the Website and/or App in order to participate in our surveys, and you are required to register in order to enter into Giveaways, redeem prizes you win on the Services, and personalize your experience. Account holders may also receive certain additional benefits, such as bonus entries into certain Giveaways. To create an account, you will be required to provide us with your username, full name, an email address, your gender, age, state, zip code, and a password. You may be required to provide us with additional information, such as your social security number, in order to redeem prizes and to access certain features. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify us immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and right to use the Services, or take such other action as we deem necessary in our discretion at any time for any reason subject to applicable laws.
Marketing Partners. The Giveaways are sponsored by us, unless otherwise specified in a Giveaway’s description. However, we may contract with other third parties (each a “Marketing Partner” and, collectively, “Marketing Partners”) to promote, advertise, or feature their products, services, and more in our Services. We may also promote or advertise the surveys on our Marketing Partners’ websites. All participants have the same chance to win regardless of whether they enter the Giveaways directly on our Website, or by accessing the surveys via a Marketing Partner’s link. We and/or our Marketing Partners may offer additional benefits or features to participants, but any such benefits or features are independent of the Giveaways, have no effect on the odds of winning a prize, and are not the responsibility of any other person.
Decisions Regarding Giveaways and Identities of Entrants. Our decisions with respect to the Giveaways are final. You agree to abide by these Terms and the Official Rules and any decision we make with regard to the Giveaways, which we shall make in our sole and absolute discretion. If you have any questions regarding eligibility, criteria, or how winners will be determined, please see the Official Rules for the Giveaway in question. You understand and agree that you will not be entitled to a prize, award, or any other compensation if you fail to win any of our Giveaways, including if your failure is due to a technical error, another player’s cheating, or for any interruption in your use of the Services. In the event of a dispute as to any entry, the authorized account holder of the email address used to register the account shall be considered the entrant. Each potential winner may be required to show proof of being the authorized account holder. We shall have the right to determine the identity of a winner in our sole discretion. Failure by us to enforce any provision in these Terms or the Official Rules shall not constitute a waiver of that provision.
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of California without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in California (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Services. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company, its affiliates, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Services or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY AFFILIATES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICES ARE PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR AFFILIATES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INABILITY TO USE, ACCESS, OR PARTICIPATE IN ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE GIVEAWAYS, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. NEITHER COMPANY NOR ITS OWNERS, AGENTS, OR AFFILIATES SHALL BE LIABLE FOR ANY CONSEQUENTIAL LOSSES DUE TO DELAYS IN PAYMENT. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
ASSUMPTION OF RISK
Your Assumption of Risk. You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Services.
MODIFICATION & TERMINATION
Errors. The Services may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Services, including any surveys, descriptions, and prizes, at any time, subject to the Official Rules. Company is not responsible for the accuracy or completeness of all content provided with the Services, and content is provided for general information only.
Termination. Company may terminate this Agreement, the Services, and your account, at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Services. Alternatively, if you wish to delete your account on a more permanent basis, you may do so from within the “My Account” page on the Website. You acknowledge that if you choose to permanently delete your account, you will forfeit any points, credits, and/or any other form of virtual currency that had accrued in your account, and that these virtual items cannot be recovered. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
YOUR USE OF THE SERVICE
Your Qualifications. By using the Services, you warrant that you: (i) are at least 18 years old; (ii) reside in the United States or one of its territories; and (iii) are otherwise able (pursuant to local and state law) to access and utilize our Services. You warrant that all information you provide in connection with your use of the Services is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Services, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Services, including your account, and to suspend or cancel your account for a violation of this Agreement or any applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Services solely for your personal access and use in the manner intended by the Services. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Services. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Services.
Communications with Company. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms.
Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Service:
Using the Services in any manner not intended (including attempting to circumvent the Official Rules);
Using the Services in any manner that violates these Terms or any applicable law;
Providing false, misleading, or inaccurate information to Company or anyone else;
Impersonating or otherwise misrepresenting affiliation with any person or entity;
Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information;
Accessing content or data not intended for you or that you are not authorized to access;
Probing, scanning, or testing the vulnerability of the Services or any associated system or network, or breaching security or authentication measures without proper authorization;
Interfering with the Services (including through malware or exploiting vulnerabilities);
Creating or using multiple accounts;
Attempting to limit, slow, or otherwise impede other users’ access to the Service;
Cheating in any of our Giveaways;
Assisting another user in cheating in any of our Giveaways;
Forging, modifying, or falsifying any network packet or protocol header or metadata; and
Modifying, reverse engineering, or disassembling the source code used by Company.
Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless Company and Company Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.
The Services may be linked with or refer to the services, websites, platforms, content, information, goods, surveys, services, or tools of third parties (collectively, “Third-Party Services”), some of which may have established relationships with Company and some of which do not. Company has not reviewed and does not control Third-Party Services. Company does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. Company shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services, advertisements, or representations. We encourage you to research and verify any claims made by third parties.
Company’s Intellectual Property Company, Company’s name and logo, Company’s website domain(s), and all content and other materials available through the Services (collectively, the “Company IP”), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Company or its licensors and suppliers. Neither your use of the Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Services will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. All rights not expressly granted in this Agreement are reserved by Company. We reserve the right to terminate your account
Intellectual Property for Third-Party Services. Content provided by third parties may be subject to intellectual property protections. Neither your use of the Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, content provided by third parties.
This Agreement is the entire agreement between Company and you concerning the Services. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Giveaway Results and Official Rules. For Giveaway results and/or a copy of these Terms and the Official Rules, send a hand-printed, self-addressed, stamped envelope to us at the address below within thirty (30) days after the end of the Promotional Period. VT and MA residents may exclude return postage. If you are a California resident, you may have these Terms and Official Rules emailed to you by sending a letter to the same address with your email address and a request for the Terms and Official Rules to be sent to you.
Our company information is below:
Customer support inquiries and returns should be directed through the Contact Us form or to: email@example.com.