Last Updated: 06/02/2021
I. Scope of Winzos Services.
a. The Winzos Platform provides a platform via a website ("Site") and/or mobile application ("Application") to win cash or non-cash prizes in a skill and chance experience. Users register and earn tickets ("Entries") towards live contests ("Giveaway" or ("Giveaways") by correctly answering fact-based questions. The Entries are collected throughout the Giveaway duration and a Winner is selected on a weighted basis. The more Entries a Registered Users, the higher likelihood of winning. Depending on the nature of the Giveaway, the prize may be an amount of a virtual currency "Z-Buck" or a tangible item that may be shipped and/ordelivered electronically (e-giftcard, voucher). The Winner may then select a prize from a catalog of items and redeem for a selection. This transaction is defined as a "Redemption". Collectively, the above represents the "Services". Content and Winzos Services may be accessed by users of the Winzos Platform.
We may amend these Terms of Service at any time by posting the revised Terms of Service on the Site and Application. We may terminate these Terms of Service at any time by suspending or terminating access to the Site, Application and/or Services and/or notifying you. You can see when these Terms of Service were last revised by referring to the “Updated” legend above. Your continued use of the Site, Application or Services after we have posted revised Terms of Service signifies your acceptance of such revised Terms of Service. No amendment or modification of these Terms of Service will be binding unless in writing and signed by our duly authorized representative or posted to the Site and Application by our duly authorized representative.
b. As the provider of the Winzos Platform, Winzos is not acting as an agent in any capacity or any Registered User.
c. Winzos has no control over and does not guarantee the existence, quality, safety, suitability, or accuracy of any messages or chats sent or received through the Winzos Platform. You should always exercise due diligence and care when deciding whether to communicate and interact with other Registered Users, whether online or in person.
d. If you choose to use the Winzos Platform, your relationship with Winzos is limited to being an independent third-party user, and not an employee, agent, joint venturer, or partner of Winzos for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Winzos.
e. The Winzos Platform may contain links to third-party websites or resources (“ Third-Party Services ”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Winzos is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Winzos of such Third-Party Services.
f. Due to the nature of the Internet, Winzos cannot guarantee the continuous and uninterrupted availability and accessibility of the Winzos Platform. Winzos may restrict the availability of the Winzos Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carryout maintenance measures that ensure the proper or improved functioning of the Winzos Platform. Winzos may improve, enhance and modify the Winzos Platform and introduce new services from time to time.
Winzos reserves the right to cancel any accrued Entries or Redemptions due to fraud or compliance related concerns.
II. Eligibility, Using the Winzos Platform, Registered User Verification.
a. THIS WEBSITE IS NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 13WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN.
b. If you are under the age of 13 (a " Child User "), you may not create or register an account for the Services without consent and approval from your legal parent or guardian. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. A Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User will only be permitted to use the Services for so long as Winzos reasonably believes that such access has been consented to by the Child User's parent or guardian.
c. If you are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (" Parent User "). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own children or children for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TOTHE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FORANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER'S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BYTHE CHILD USER. You acknowledge that Winzos may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Winzos deems necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Winzos reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT WINZOS CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND WINZOS IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER'S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY ACHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER'S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Winzos at any time and without warning for any failure to abide by these Terms.
III. Modification of These Terms.
Winzos reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to the Terms, we will post the revised terms on the Winzos Platform and update the “Last Updated” date at the top of them. We will also provide you with notice, as appropriate, of the modifications by email before the date they become effective. If you disagree with the revised Terms, you must terminate your participation in the Winzos Platform with immediate effect by deleting your account and ceasing all use of the Winzos Platform. If you do not terminate your use before the date the revised Terms become effective, your continued access to or use of the Winzos Platform will constitute acceptance of the revised Terms.
IV. Account Registration; Acceptable Devices or Software.
a. You must register an account (" Winzos Account ") to access and use features of the Winzos Platform. If you are registering a Winzos Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
b. You can register a Winzos Account using an email address and creating a password. In order to register, you will need to provide, at a minimum, the following information: your name, address, and email.
c. You may be asked to provide additional optional information during the registration process or Giveaways (defined below) for your Winzos Account including, but not limited to phone number, photographs, other various preferences.
d. You must provide accurate, current and complete information during the registration process and keep your Winzos Account and profile page information up-to-date at all times.
e. You cannot register more than one Winzos Account unless Winzos authorizes you to do so. You may not assign or otherwise transfer your Winzos Account to another party.
f. You are responsible for maintaining the confidentiality and security of your Winzos Account credentials and may not disclose your credentials to any third party. You must immediately notify Winzos if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Winzos Account. You are liable for any and all activities conducted through your Winzos Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
g. You must provide certain devices, software, and data connections to use the Winzos Platform, which we otherwise do not supply. For as long as you use the Winzos Services, you consent to downloading and installing updates to the Winzos Platform, even automatically. Winzos is not responsible, nor liable, directly or indirectly, for any download, installation, use, transmission failure, interruption, or delay of the Winzos Services or the Winzos Platform, or any third party content, services, or advertisements due to data, connectivity, or other internet issues due to such devices, software, and data connections. Winzos is likewise not responsible, nor liable, directly or indirectly, for any data charges or service fees associated with such devices, software, and data connections.
a. Winzos may, at its sole discretion, enable Registered Users to:
(i) create, upload, post, send, receive and store content, such as text, photos, or other materials and information on or through the Winzos Platform (" Registered User Content" ); and
(ii) access and view Registered User Content and any content that Winzos itself makes available on or through the Winzos Platform, including proprietary Winzos content and any content licensed or authorized for use by or through Winzos from a third party (" Winzos Content ") and together with Registered User Content, (" Collective Content ").
b. Winzos is not responsible for any Registered User Content on the Winzos Platform.Registered User Content is uploaded by Registered Users at their own risk and RegisteredUsers must ensure their postings, messages, and chats comply with these Terms.
c. The Winzos Platform, Winzos Content, and Registered User Content may in its entirety orin part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Winzos Platform and Winzos Content, including all associated intellectual property rights, are the exclusive property of Winzos and/or its licensors or authorizing third-parties. You will not remove, alter, reproduce, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Winzos Platform, Winzos Content or Registered User Content. All trademarks, service marks, logos, trade names, and another source identifiers of Winzos used on or in connection with the Winzos Platform and Winzos Content are trademarks or registered trademarks of Winzos in the United States.Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Winzos Platform, Winzos Content, and/orCollective Content are used for identification purposes only and may be the property of their respective owners.
d. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Winzos Platform or Collective Content, except to the extent you are the legal owner of certain Registered User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Winzos or its licensors, except for the licenses and rights expressly granted in these Terms.
e. Subject to your compliance with these Terms, Winzos grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(i) download and use winzos mobile apps, as they become available, on your personal device(s); and
(ii) access and view any Collective Content made available on or through the Winzos Platform and accessible to you, solely for your personal and non-commercial use.
g. You are solely responsible for all Registered User Content that you make available on or through the Winzos Platform. Accordingly, you represent and warrant that:
(i) you either are the sole and exclusive owner of all Registered User Content that you make available on or through the Winzos Platform or you have all rights, licenses, consents and releases that are necessary to grant to Winzos the rights in and to such Registered User Content, as contemplated under these Terms; and
(ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Contentor Winzos' use of the Registered User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
h. You will not post, upload, publish, submit or transmit any Registered User Content that:(i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Winzos policy. Winzos may, without prior notice, remove or disable access to any Registered User Content that Winzos finds to be involution of these Terms or Winzos's then-current policies or standards, or otherwise maybe harmful or objectionable to Winzos, its Registered Users, third parties, or property.
i. Winzos reserves the right to expire and render unredeemable Z-Bucks held in a balance by a Registered User if the following conditions are met:
(a) The Registered User has not logged into the Winzos Application or Site for 90 days.
VI. Relationship Between Winzos, Registered Users, and Third Parties Recommended, Rated, Reviewed, or Otherwise Suggested or Mentioned by Registered Users.
Winzos is not itself a provider of any services outside the scope of the Winzos Platform and is not affiliated with any Registered User or third party that is recommended, rated, reviewed, or otherwise mentioned or suggested by Registered Users. Winzos also does not screen any messages or communications to ensure they meet the qualifications required by theRegistered User seeking advice or recommendations. OUTSIDE OF THE WINZOS PLATFORM, WINZOS IS NO LONGER INVOLVED IN THE RELATIONSHIP BETWEEN ANY PARTIES. IT IS YOUR RESPONSIBILITY TO EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO COMMUNICATE AND INTERACT WITH OTHER REGISTERED USERS OR THIRD-PARTY SERVICE PROVIDERS, WHETHER ONLINE OR IN PERSON. WINZOS DOES NOT GUARANTEE, NOR ARE WE LIABLE FOR: (I) THE OUTCOME OF ANY MESSAGE,CHAT, COMMUNICATION, OR SUGGESTION PROVIDED TO YOU THROUGH THE WINZOS PLATFORM; OR (II) ANY ACTION OR INACTION TAKEN BY ANY REGISTERED USER OR THIRD-PARTY SERVICE-PROVIDER OUTSIDE OF THE WINZOS PLATFORM.
VII. Fees and Third-Party Vendor.
Winzos may charge for the Winzos Services by collecting subscription fees for certain transactions made using the Winzos Platform (“ Fees ”). The current Fee rates are available on the Winzos Platform and may be updated from time to time in Winzos's sole discretion. The Fees charged shall automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period by the Registered User.Accounts using the subscription service will be charged Fees for renewal within 24-hours prior to the end of the current period, and such renewal shall be at the then current Fee price listed on the Winzos Platform. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. All payments andFees are processed through the Registered User’s mobile application store, namely the AppleApp Store or the Google Play store, and Registered Users acknowledge and agree that all accounts and monetary transactions are subject to the terms and conditions of said third-parties and any fees they may charge. Registered Users agree to abide by and not violate any separate terms and conditions required by third-party vendors, which are independent of these Terms. Registered Users expressly acknowledge and agree that Winzos shall not reliable for any payments and monetary transactions that occur through use of the Winzos Platform.
VIII. Currency Used.
All transactions on the Winzos Platform, if provided, are in United States currency (USD$). Winzos does not provide currency exchange services.
IX. Prohibited Activities.
a. You are solely responsible for compliance with any and all laws, rules, or regulations that may apply to your use of the Winzos Platform and any sale or transaction consummated therein. In connection with your use of the Winzos Platform, you will not and will not assist or enable others to:
i. Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, or standards;
ii. Use the Winzos Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Winzos endorsement, partnership or otherwise misleads others as to your affiliation with Winzos.
iv. Use the Winzos Platform in connection with the distribution of unsolicited commercial messages ("spam");
v. Contact another Registered User for any purpose relating to recruiting or otherwise soliciting any Registered User to join third-party services, applications or websites, without our prior written approval;
vi. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
vii. Use, display, mirror, frame, reproduce, alter, or copy the Winzos Platform orCollective Content, or any individual element within the Winzos Platform, Winzos's name, any Winzos trademark, logo, copyrighted material, or other proprietary information, or the layout and design of any page or form contained on a page in the Winzos Platform, without Winzos's express written consent;
viii. Dilute, tarnish or otherwise harm the Winzos brand in any way, including through unauthorized use of Collective Content, registering and/or using Winzos or derivative terms in domain names, trade names, trademarks, copyrighted material, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Winzos domains, trademarks, tag lines, promotional campaigns or Collective Content;
ix. Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Winzos Platform for any purpose;
x. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Winzos or any of Winzos's providers or any other third party to protect the Winzos Platform;
xi. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Winzos Platform;
xii. Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Winzos Platform; or
xiii. Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
b. You acknowledge that Winzos has no obligation to monitor the access to or use of the Winzos Platform by any Registered User or to review, disable access to, or edit anyRegistered User Content, but has the right to do so to: (i) operate, secure and improve the Winzos Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Registered Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Registered User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Registered Users agree to cooperate with and assist Winzos in good faith, and to provide Winzos with such information and take such actions as may be reasonably requested by Winzos with respect to any investigation undertaken by Winzos or a representative of Winzos regarding the use or abuse of the Winzos Platform.
c. If you feel that any Registered User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who: (i) engages in offensive, violent or sexually inappropriate behavior. (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Winzos by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
X. Term and Termination.
a. Without limiting our rights specified below, Winzos may terminate these Terms and your use of or access to the Winzos Services for convenience at any time and for any reason, including: i. Your material breach of your obligations under these Terms; ii. Your violation of applicable laws, regulations, or third party rights, or iii. If Winzos believes in good faith that such action is reasonably necessary to protect the personal safety or property of Winzos, its Registered Users, or third parties (for example, in the case of fraudulent behaviour of a Registered User).
b. In addition, winzos may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights; (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Winzos Account registration or thereafter; or (iv)Winzos believes in good faith that such action is reasonably necessary to protect the personal safety or property of Winzos, its Registered Users, or third parties, or to prevent fraud or other illegal activity:i. Refuse to surface, delete, or delay any Registered User Content; ii. Limit your access to or use of the Winzos Platform; iii. Temporarily or permanently revoke any special status associated with your Winzos Account; on iv. Temporarily or permanently suspend your Winzos Account.
c. When these Terms and your use of or access to the Winzos Services have been terminated, you are not entitled to a restoration of your Winzos Account or any of yourRegistered User Content. If your access to or use of the Winzos Platform has been limited or your winzos Account has been suspended or terminated by us, you may not register anew Winzos Account or access and use the winzos Platform through a Winzos Account of another Registered User.
a. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “ASIS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE,COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL,ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW ORWHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FORAND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION(INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES,INCLUDING BUT NOT LIMITED TO THIRD-PARTY SERVICE PROVIDERS. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER,THE “ WINZOS PARTIES ”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “ CLAIM ”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR INANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTE OR LAW WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
b. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE WINZOS PLATFORM, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR USE OF THE WINZOS PLATFORM AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OFLAW OR FACT MADE BY WINZOS.
c. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS.HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IFANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
XII. LIMITATION OF LIABILITY.
THE WINZOS PARTIES WILL NOT BE LIABLE TOYOU OR ANY THIRD-PARTY SERVICE PROVIDERS FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OUR SERVICES, OR THE CONTENT OR SERVICES OF ANY THIRD-PARTY SERVICE PROVIDERS, EVEN IF THE WINZOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE WINZOS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO RELEASE, DEFEND (AT WINZOS's OPTION), INDEMNIFY, AND HOLD WINZOS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS,HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES,LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
a. YOUR BREACH OF THESE TERMS OR OUR POLICIES OR STANDARDS;
b. YOUR IMPROPER USE OF THE WINZOS PLATFORM OR ANY WINZOS SERVICES;
c. YOUR INTERACTION WITH ANY REGISTERED USER, INCLUDING WITHOUT LIMITATION ANY INJURIES, LOSSES OR DAMAGES (WHETHER COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE)OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH INTERACTION;
d. YOUR BREACH OF ANY LAWS, REGULATIONS, OR THIRD-PARTY RIGHTS;ORe. YOUR USE OF LINKS TO, OR CONNECTION WITH, ANY THIRD-PARTY SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION ANY INJURIES,LOSSES OR DAMAGES (WHETHER COMPENSATORY, DIRECT, INCIDENTAL,CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH INTERACTION.
XIV. Dispute Resolution.
a. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States but bring any claim against Winzos in the United States (to the extent not in conflict with Section XV(a), below).
b. Overview of Dispute Resolution Process. Winzos is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section XIV(a) applies: (1) an informal negotiation directly with Winzos's customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“ AAA ”) using its specially designed Consumer Arbitration Rules (as modified by this Section).
c. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Winzos each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Winzos's customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org ) provided to the other party, as specified in the AAA Rules.
d. Agreement to Arbitrate. You and Winzos mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Winzos Platform or theCollective Content (collectively, “Disputes”) will be settled by binding arbitration(the “Arbitration Agreement”). If there is a dispute about whether this ArbitrationAgreement can be enforced or applies to our Dispute, you and Winzos agree that the arbitrator will decide that issue.
e. Exceptions to Arbitration Agreement. You and Winzos each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:i. (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and ii. (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
f. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered byAAA in accordance with the Consumer Arbitration Rules (the “ AAA Rules ”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
g. Modification to AAA Rules - Arbitration Hearing/Location. Any required arbitration hearing may be conducted (a) in Harris County; (b) in any other location to which you and Winzos both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
h. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
i. Sever ability. In the event that any portion of the Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the ArbitrationAgreement shall be given full force and effect.
j. Changes. Notwithstanding the provisions of Section III, if Winzos changes this Section XIV after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Winzos’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate anyDispute between you and Winzos in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
k. Except as provided in Section XIV(j), this Section XIV will survive any termination of these Terms and will continue to apply even if you stop using the Winzos Platform or terminate your Winzos Account.
XV. Sweepstakes Rules.
a. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILLA PURCHASE OR PAYMENT IMPROVE ONE’S CHANCES OF WINNING.MINORS MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. PRIZE WILL BE AWARDED IN THE NAME OF A MINOR’S PARENT. MANY WILL ENTER, SOME WILL WIN.VOID WHERE PROHIBITED.
b. From time to time, Winzos may offer giveaways or run sweepstakes on the Winzos Platform (“Giveaway”). This includes a daily prize offered to Registered Users who engaged in the Services offered on the Winzos Platform by automatically entering active Registered Users who have engaged the Winzos Services on a given day into theGiveaway. As a Registered User of the Winzos Platform, you agree to participate in said Giveaways, and acknowledge that participation in such Giveaways shall be subject to the following additional rules and conditions (“Official Rules”):
c. Eligibility . The Giveaway is open only to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico who are at least eighteen (18) years old at the time of entry. If you are a minor in your state of residence, you must have the permission and consent of your parent/legal guardian to participate in the Giveaway. Employees, officers, and representatives of organization responsible for supplying the prize of the Giveaway, or sponsoring, fulfilling, administering, advertising or promoting the Giveaway, as well as the immediate family (spouse, parents, siblings, and children)and household members of each such employee are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation in the Giveaway constitutes Entrant’s full and unconditional agreement to these Official Rules and Winzos’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
d. How to Enter. Registered Users who answer questions correctly on the Winzos Services (“Entrant”) shall be automatically entered into any running contest at that time with each additional correct answer providing additional Entries. No responsibility is assumed for: any error (human or otherwise), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, or software; or failure of any e-mail or electronic Entry to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof.
e. Prize. All elements of the prizes are determined at the sole discretion of Winzos. Winzos reserves the right, at its sole discretion, to substitute the prize (or elements thereof) with one of comparable or greater value. Prize elements may not be separated. The prize is awarded "as is" with no warranty or guarantee, expressed or implied, being provided by Winzos. Any damaged, lost or stolen gift cards, will not be replaced. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
f. How Winners Are Selected and Notified. When a Giveaway ends, one Registered User will be selected at random from all eligible Entries received (“Winner”). The prize will be awarded to the Winner. All Winners must meet all eligibility requirements and must complete and return an affidavit of eligibility/compliance with the Official Rules, publicity/liability release and indemnification (“Release”), as required. The Winner will be notified by a notification on the Winzos Platform, and an email or SMS sent to the Winner, based on the information provided to Winzos by the Winner. Winners will receive the Release via email within two (2) days after successful notification. At the sole discretion of the Winzos, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (i) a potential Winner’s failure to respond to the email notification within twenty four (24) hours after its transmission (it is a Winner’s responsibility to maintain the contact information used for Entry for the duration of the Giveaway; (ii) a potential Winner’s failure to provide Winzos with satisfactory proof of age, identity and residency; (iii) a potential Winner’s failure to execute and return the Release within two (2) days after it is received; (iv) a potential Winner’s failure to validly claim the prize by the date specified in the email notification, and (v) any other non-compliance with these Rules. In the event of prize forfeiture, Winzos may, in its sole discretion, award or not award the forfeited prize to an alternate Winner. The odds of winning depend on the total number of eligible Entries received. Many will enter; only one (1) will win per Giveaway. Federal, state, and local taxes are the sole responsibility of the Winner (or their Parent if a Winner is a minor as defined by the state of primary residence), who must provide a validly completed IRS Form W-9 and the total value of the prize will be reported on an IRS Form 1099. Winzos! Will never end a contest without a Winner determined but Winzos! does reserve the right to extend a Giveaway if the number of Contestants for the Giveaway does not meet the minimum required. Unless otherwise indicated, this is set to 500 contestants but may vary from Giveaway to Giveaway.
g. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY WINZOS, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT ISNOT A WINNER OF ANY PRIZE, EVEN IF THE GIVEAWAY SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THERE LEASE AND ADDITIONAL CONSENT HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
h. Release. By receipt of any prize, Winner agrees to release and hold harmless Winzos and any promotional partners, each of their parent, subsidiary, affiliate, and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Giveaway or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Giveaway, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
i. Limitations of Liability . The Released Parties are not responsible for: (1) any in corrector inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaways; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, or network hardware, or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries ;or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway, or receipt, or use of any prize or while traveling to or from any prize-related activity. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Giveaway, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Winzos reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
j. Disputes: Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Instant Win Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by theUnited States District Court for the Southern District of Texas or the appropriate TexasState Court located in Harris County, Texas; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys' fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Winzos in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction),which would cause the application of the laws of any jurisdiction other than the State ofTexas.
k. Publicity Except where prohibited, acceptance of the prize and/or participation in theGiveaway constitutes Winner’s consent to Winzos’s use of Winner's name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
m. From time to time, Winzos may offer you with incentives to refer new users to our Site, Application or Services. These incentives may come in the form of Entries, bonus Entries, Z-Bucks, or cash (" Referral Reward") , and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at our sole discretion. We reserve the right to withhold or deduct any Referral Reward or other benefits obtained through a promotion the event that we determine or believe that the receipt of the reward or benefit was in error, fraudulent, illegal, or in violation of these Terms of Service or an applicable referral agreement or program agreement.
XVI. General Provisions.
a. Governing Law. These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section XIV must be brought in state or federal court in Travis County, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Harris County, Texas.
b. Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Winzos and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Winzos and you in relation to the access to and use of the Winzos Platform.
c. Restriction on Assignability or Transfer. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer, or delegate these Terms and your rights and obligations hereunder without Winzos's prior written consent. Winzos may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms by immediately discontinuing your use of and access to the Winzos Services and the Winzos Platform at any time remains unaffected.
d. Sever ability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
e. Waivers. Winzos’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
f. Notices. Unless specified otherwise, any notices or other communications to Registered Users permitted or required under these Terms, will be in writing and given by Winzos via email, Winzos Platform notification, or messaging service.
g. Questions? If you have any questions about these Terms please email us at email@example.com