SweepsRush Terms of Service
The website located at
www.SweepsRush.com (the “Site”) is the property of
Bohemia Marketing, LLC (“Company”, "SweepsRush," "we" or "us"). By and
through the Site, user may register to become members ("Members") which
enables them to enter into contests and sweepstakes offered on the Site.
The following terms (“Terms of Service”) incorporate by reference the
SweepsRush Privacy Policy ("Privacy Policy"), the official contest rules
(“Rules”), and other supplemental terms and conditions or documents that may
be published from time to time. Please review the complete Terms of Service
carefully. By using, accessing and/or entering the Site, you agree to comply
with and be bound by the Terms of Service in its entirety. If you do not
agree to the Terms of Service, you are not authorized to use the Site in any
manner or form.
Unless explicitly stated otherwise, any future enhancements or promotions
made available to you on the Site shall be subject to the Terms of Service.
You understand and agree that SweepsRush shall not be liable to you or any
third party for any modification, suspension or discontinuation of the Site
or any product, service or promotion offered by SweepsRush. You understand
and agree that refusal to use the Site is your sole right and remedy with
respect to any dispute with SweepsRush.
1. Changes to Terms of Service. The Terms of Service constitutes the entire
and only agreement (“Agreement”) between you and SweepsRush with respect to
your use of the Site and supersedes all prior or contemporaneous agreements,
representations, warranties and/or understandings between you and
SweepsRush. We may amend this Agreement from time to time in our sole
discretion, without specific notice to you. By your continued use of the
Site, you hereby agree to comply with, and be bound by, all of the terms and
conditions contained within the Terms of Service effective at that time.
2. Requirements. The SweepsRush® Offerings are available only to individuals
who are legal residents of the fifty (50) United States including the
District of Columbia and who can enter into legally binding contracts under
applicable law. The Website is not intended for use by individuals under
eighteen (18) years of age, or the age of majority in your jurisdiction if
the age of majority is greater than eighteen (18) years of age. If you are
under eighteen (18) years of age, or the age of majority in your
jurisdiction if the age of majority is greater than eighteen (18) years of
age, and/or not a legal resident of the Permitted Territories, you do not
have permission to use and/or access the Site.
3. Cancellation of Membership. You may cancel your membership (“Membership”)
in the Site at any time by e-mailing us at
[email protected].
You understand and agree that cancellation of your Membership is your sole
right and remedy with respect to any dispute with SweepsRush.
4. Registration. In order to register as a Member of the Site, you must
first fully complete the applicable registration form located at the Site
("Application"). The information you must provide on the Application may
vary but must include, at a minimum your (a) email address; and may include
(b) your full name and title; (c) mailing address; (d) date of birth; and
(e) any other information requested on the Application (collectively,
"Registration Data").
If your Application is approved, you will have a Membership account
("Account") and the Site will promptly send a confirmation e-mail to the
e-mail address that you provided at the time of registration. You agree to
accept responsibility for all activities that occur through use of your
Account.
5. Rejection/Termination. SweepsRush reserves the right to reject and/or
terminate your Account at any time and for any reason, in our sole
discretion. Each person is permitted one (1) SweepsRush Account. Company
reserves the right to immediately all Accounts created by any individual
found to have exceed the one (1) Account limit including the forfeiture of
any prizes won that have not already been fulfilled.
6. Description of Promotions. The Site offers members the opportunity to
qualify for promotional prizes and other awards (“Promotions”). By providing
true and accurate information in connection with the applicable Application
and agreeing to the contest Rules applicable to each Promotion, you can
attempt to obtain the promotional prizes and other awards offered through
each Promotion. Please be advised that the Site may display certain Third
Party Ads throughout various Promotions.
You do not need to purchase any products and/or services in order to enter
any Promotion. Purchasing products and/or services in no way increases your
chances of winning any prizes offered in connection with the Promotions.
Rules for each of the Promotions are available on the Site by going to
http://www.SweepsRush.com/site/rules .
YOU UNDERSTAND AND AGREE THAT SweepsRush IS NOT RESPONSIBLE OR LIABLE IN ANY
MANNER WHATSOEVER FOR YOUR INABILITY TO QUALIFY FOR THE PROMOTIONS, OR FOR
ANY CLAIM IN CONNECTION WITH ANY PROMOTIONS. YOU UNDERSTAND AND AGREE THAT
SweepsRush SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
MODIFICATION, SUSPENSION OR DISCONTINUATION OF ANY PROMOTION.
7. License Grant. As a user and/or Member of the Site, you are granted a
non-exclusive, non-transferable, revocable and limited license to access and
use certain portions of the Site and associated content in accordance with
the Terms of Service. SweepsRush may terminate this license at any time for
any reason. You may use the Sites on one computer for your own personal,
non-commercial use. Other than as expressly authorized, no part of the Site
may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical. You may not use any automated means or
form of scraping or data extraction to access, query or otherwise collect
content or other information from the Site. You may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer
or transfer the Site, content or any portion thereof. SweepsRush reserves
any rights not explicitly granted in the Terms of Service. You may not use
any device, software or routine to interfere or attempt to interfere with
the proper working of the Site. Your right to use the Site is not
transferable.
8. Proprietary Rights. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion, software, services
and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to,
intellectual property) rights. The copying, redistribution, publication or
sale by you of any part of the Site is strictly prohibited. You do not
acquire ownership rights in or to the Site or any content, document,
software, services or other materials viewed at or through the Site or
otherwise by and through SweepsRush. The posting of information or material
on the Site or otherwise by and through the SweepsRush not constitute a
waiver of any right in or to such information and/or materials.
9. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit and/or delete any documents, information or other content
appearing on the Site or otherwise by and through the SweepsRush.
10. Indemnification. You agree to indemnify and hold SweepsRush, its
parents, subsidiaries and affiliates, and each of their respective members,
officers, directors, employees, agents, co-branders and/or other partners,
harmless from and against any and all claims, expenses (including reasonable
attorneys' fees), damages, suits, costs, demands and/or judgments
whatsoever, made by any third party due to or arising out of: (a) your use
of the Site; (b) your breach of the Agreement; (c) any dispute between you
and any Member; and/or (d) your violation of any rights of another
individual and/or entity. The provisions of this Section 12 are for the
benefit of SweepsRush, its parents, subsidiaries and/or affiliates, and each
of their respective members, officers, directors, employees, agents,
shareholders, licensors, suppliers and/or attorneys. Each of these
individuals and entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
11. Disclaimer of Warranties. THE SITE AND/OR ANY OTHER PRODUCTS AND/OR
SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED,
ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS
FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
SweepsRush MAKES NO WARRANTY THAT: (A) THE SITE AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR
REQUIREMENTS; (B) THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT
YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE
SITE WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR ANY OTHER PRODUCTS AND/OR
SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF
THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SweepsRush, OR
OTHERWISE BY AND THROUGH THE SITE OR OTHER SweepsRush, SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
SweepsRush SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SweepsRush HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:
(A) THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS
ENTERED INTO THROUGH, THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR
ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO
THE INABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT
YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY
AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE SweepsRush FROM ANY AND
ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED
HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM
LIABILITY OF SweepsRush TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE
HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SweepsRush.
THE ABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT
YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH
LIMITATIONS.
13. Third Party Websites. The Site and/or SweepsRush may provide links to
and/or refer you to other Internet websites and/or resources. Because
SweepsRush has no control over such third party websites and/or resources,
you hereby acknowledge and agree that SweepsRush is not responsible for the
availability of such third party websites and/or resources. Furthermore,
SweepsRush does not endorse, and is not responsible or liable for, any terms
and conditions, privacy policies, content, advertising, services, products
and/or other materials at or available from such third party websites or
resources, or for any damages and/or losses arising therefrom.
14. Privacy Policy/User Information. Use of the Site, and all comments,
feedback, information, Registration Data and/or materials that you submit
through or in association with the Site, is subject to our Privacy Policy.
We reserve the right to use all information regarding your use of the Site,
and any and all other personally identifiable information provided by you,
in accordance with the terms of our Privacy Policy. To view our Privacy
Policy, please go to:
http://www.SweepsRush.com/site/rules .
15. Legal Warning. You may not take any action that imposes an unreasonable
or disproportionately large load on SweepsRush infrastructure. Any attempt
by any individual, whether or not a SweepsRush member, to damage, destroy,
tamper with, vandalize and/or otherwise interfere with the operation of any
of the Site is a violation of criminal and civil law and SweepsRush will
diligently pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible by law and in equity.
16. Dispute Resolution Provisions. The Agreement shall be treated as though
it were executed and performed in New York, New York and shall be governed
by and construed in accordance with the laws of the State of New York
(without regard to conflict of law principles). Should a dispute arise
concerning the Site, the Terms of Service or the breach of same by any party
hereto: (a) the parties agree to submit their dispute for resolution before
a reputable arbitration organization; and (b) you agree to first commence a
formal dispute proceeding by completing and submitting an Initial Dispute
Notice. We may choose to provide you with a final written settlement offer
after receiving your Initial Dispute Notice ("Final Settlement Offer"). If
we provide you with a Final Settlement Offer and you do not accept it, or we
cannot otherwise satisfactorily resolve your dispute, you can submit your
dispute for resolution by arbitration before a reputable arbitration
organization as mutually agreed upon by the parties, in your county of
residence, by filing a separate Demand for Arbitration, for claims of five
thousand dollars ($5,000.00) or less, you can choose whether the arbitration
proceeds in person, by telephone or based only on submissions. if the
arbitrator awards you relief that is greater than our final settlement
offer, then we will pay all filing, administration and arbitrator fees
associated with the arbitration and, if you retained an attorney to
represent you in connection with the arbitration, we will reimburse any
reasonable attorneys' fees that your attorney accrued for investigating,
preparing and pursuing the claim in arbitration. any award rendered shall be
final and conclusive to the parties and a judgment thereon may be entered in
any court of competent jurisdiction. nothing contained herein shall be
construed to preclude any party from (i) seeking injunctive relief in order
to protect its rights pending an outcome in arbitration; and />or (ii)
pursuing the matter in small claims court rather than arbitration. Although
we may have a right to an award of attorneys' fees and expenses if we
prevail in arbitration, we will not seek such an award from you unless the
arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or
participate in any class action lawsuit as to any claim, dispute or
controversy that you may have against SweepsRush and/or its employees,
officers, directors, members, representatives and/or assigns. You agree to
the entry of injunctive relief to stop such a lawsuit or to remove you as a
participant in the suit. You agree to pay the attorney's fees and court
costs that SweepsRush incurs in seeking such relief. This provision
preventing you from bringing, joining or participating in class action
lawsuits: (A) does not constitute a waiver of any of your rights or remedies
to pursue a claim individually and not as a class action in binding
arbitration as provided above; and (B) is an independent agreement. You may
opt-out of these dispute resolution provisions by providing written notice
of your decision within thirty (30) days of the date that you first access
the Site.
17. Miscellaneous. Should any part of the Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict or
inconsistent with the Terms of Service, the Terms of Service shall take
precedence. Notwithstanding the foregoing, to the extent that there is any
inconsistency between these Terms of Service and any of the Promotion Rules,
insofar as any applicable Promotion is concerned, the Promotion Rules shall
govern. Our failure to enforce any provision of the Terms of Service shall
not be deemed a waiver of such provision nor of the right to enforce such
provision. The parties do not intend that any agency or partnership
relationship be created through operation of the Terms of Service.
18. Contact Us. If you have any questions regarding the Terms of Service,
the Site or would like more information from us, please contact us by
calling customer service at: (631) 256-6638; email us at
[email protected]
or send us mail to: M2 Ventures, LLC, 96 Linwood Plaza, #120, Fort Lee, NJ 07024-2701