Terms & Conditions v1
Terms and Conditions
Last Updated September 18, 2016
Prizemojo.com developed by Wimpy Analytics, LLC ("we, us and our") provides a service to sponsors and users by making running giveaways (sweepstakes) easier and more convenient. By using this website you agree to comply with the following:
1.1 Sponsors are responsible for 100% of the cost for acquiring, shipping, and handling of the prize. Absolutely no financial cost or special condition can be imposed on a winning participant as a condition to receiving a prize.
1.2 The sponsor is solely responsible for giveaway management and prize delivery in compliance with existing sweepstakes laws. We are in no way responsible for the giveaway itself.
1.3 THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO USE OF OUR WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE COMPLIANCE WITH LAW AND NON-INFRINGEMENT.
Entries into Prizemojo.com giveaways are limited by the duration of the giveaway (typically 24 hours).
The odds of winning are not predetermined, and depend on factors such as contest duration, prize popularity, daily website traffic, and participation patterns (how many participants enter to win).
Participation is limited to one response per giveaway and the response may include “Karma.”
No purchase is necessary to participate in a Prizemojo.com giveaway.
Participation in Prizemojo.com giveaways is void where prohibited by law.
To enter a Prizemojo.com giveaway, a valid Prizemojo.com account is required. You enter by visiting a Prizemojo.com giveaway detail page and choosing to enter to win that giveaway.
User Requirements; By creating and continuing to use an account, users warrant and agree they:
8.1 Are legal residents of the United States.
8.2 Have a shipping address in a US State or Puerto Rico.
8.3 Are at least 18 years of age.
8.4 Hold only one active Prizemojo.com account in their name.
8.5 Waive and release us from any claims or losses related to use of or inability to use Prizemojo.com, sponsored giveaways and/or undelivered prizes.
Selection of Giveaway Winner(s)
9.1 The winner of each giveaway is selected at random from the pool of contest participants.
9.2 Participants who apply “Karma” to their entry will be given one additional entry per “Karma” point applied in their entry.
9.3 The winner will be selected within 24 hours of the giveaway end time.
9.4 Winners will be notified by email and any other means authorized by the winner and utilized by us in our discretion.
9.5 If verification of shipping, eligibility, or account status is required, Prizemojo.com staff or the giveaway sponsor may contact the winner using contact details provided during account creation or when claiming a prize.
Prizes must be claimed within 14 days of the winner being announced on Prizemojo.com. If the prize is not claimed within 14 days, the winner will be deemed to have forfeited the prize.
Winners are not allowed to use the sponsor's personal information for anything beyond prize delivery verification.
Unless specified in the prize description, prizes arrive “AS-IS” and without any warranty of any type. The sponsor is not responsible for any damage to the prize(s) during shipping.
We want each user to have a fair chance of winning, so we reserve the right to suspend or revoke accounts at any time and for any reason, including, without limitation, accounts which we believe are being used in violation of these Terms and Conditions.
Sponsor Rules; By sponsoring a giveaway, sponsors warrant and agree they:
14.1 Are participating in the free exchange of property, including but not limited to, used or new physical and digital products or other items that we deem appropriate for listing on Prizemojo.com.
14.2 Are the sole owner of the prize and have the unrestricted right to transfer ownership of the prize. Sponsors are expressly prohibited from listing or posting items for giveaway that they do not have the ability to deliver. Sponsors must provide an item of equal or greater value if circumstances prevent delivery of the listed prize.
14.3 Are legally required to deliver the prize to the winner by shipping, emailing or facilitating download using the designated address (as submitted with the "prize claim") in compliance with applicable sweepstakes law, and no later than 30 days of the date the winner "claimed" the prize. Sponsoring giveaways without the intention of delivering the prize when required is expressly prohibited and may be a violation of sweepstakes law.
14.4 Are not allowed to use the winner's personal information for anything beyond prize delivery.
14.5 May include any promotional material directly related to the prize, within the prize packaging.
14.6 Will not offer a prize that has been returned as defective in future giveaways unless the defect has been resolved and will compensate winners for the return of defective prizes as required by applicable sweepstakes law.
14.7 Will not post or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.
14.8 Will indemnify, defend and hold us harmless from any claims or losses related to sponsored giveaways or undelivered prizes.
User Content and Moderation; Many areas on Prizemojo.com permit user-generated content (comments, descriptions, media, etc.). You agree:
15.1 Prizemojo.com is not responsible for any user-generated content, and cannot be held liable for user-generated content.
15.2 Whether or not moderated, user-generated content does not necessarily reflect our views or those of Prizemojo.com.
15.3 You are solely responsible for content (text, data, graphics, and links) posted to Prizemojo.com from your account.
15.4 You alone are liable for any ramifications (legal or otherwise) stemming from posting content from your account. (See 15.1, and 15.2).
15.5 We reserve the right, without limitation or justification, to moderate (monitor, delete, and revoke access to creating) user-generated content. We can do this however we please. For example, we could allow the Prizemojo.com user community to moderate, flag, and/or delete comments. We might also randomly delete comments for random reasons. Don't take it personally.
15.6 We also reserve the right to NOT moderate, monitor, or even think about user-generated content... but this doesn't mean we like (or dislike) the body of said content. (See 15.2 and 15.3).
15.7 You agree to not post derogatory, offensive, defamatory, or inappropriate information. In other words, be polite. You also agree not to use our system for illegal activities or to violate the rights of any entity or person. In other words, don't break the law or post any infringing material.
16.1 Karma has no financial value and is not redeemable.
16.2 We are not responsible for lost, misapplied, or spent Karma, even if Karma is lost, misapplied, or spent due to a technical fault.
Prizemojo.com features a reputation system for giveaway sponsors. The reputation system is unregulated and based on user feedback. We are not responsible for any real or perceived damages caused by user ratings, even if a user rating was submitted in error, out of spite or is the result of a technical error.
You will indemnify and hold us (and our affiliates and subsidiaries, and all respective officers, managers, members, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your (i) failure to comply with these Terms and Conditions, (ii) improper use of the services provided at Prizemojo.com or (iii) breach of any applicable law or the rights of a third party.
Use of Prizemojo.com is at your own risk. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE PRIZEMOJO.COM OR ASSOCIATED SERVICES.
Our total liability to you for all damages, losses, and causes of action (whether in contract, tort, or other theory of liability) is limited to the amount paid by you for accessing Prizemojo.com. The limitation or exclusion of liability or damages, applies to you only to the extent permitted by applicable law.
These Terms and Conditions are subject to change. When something changes, we will revise the “last updated” date on this page and the new version will supersede all earlier versions. As a user of Prizemojo.com, you agree to review these Terms and Conditions for changes. If you use Prizemojo.com after such changes, you agree to be bound by the updated terms.
These Terms and Conditions are governed by and must be interpreted according to the laws of the State of South Dakota, without regard to conflict of law principles.
Any legal action arising from or related to these Terms and Conditions, Prizemojo.com or our services will be brought only in the state or federal courts serving Sioux Falls, South Dakota and you consent to the jurisdiction of such courts.
Have fun and good luck!
All Comments (2)
Judy station mccoy - 08/18/2017 10:12 p.m. (direct link)