TERMS

Terms of Service – Sweep Gives, Inc.
Last Updated on July 18, 2017.If you have any questions whatsoever regarding our site, services, or these Terms of Service, please contact info@sweepgives.com

1. Sweepstakes: The term “Sweepstakes” here refers to any sweepstakes, prize drawing, or promotional offer through Sweep Gives’s site or related services.
2. This Contract Is Binding: In order to use the Sweep Gives site and/or services, you must agree to these terms of service in their entirety, INCLUDING, but not limited to AN AGREEMENT TO ARBITRATE DISPUTES. If you do not agree to these terms of service in their entirety, you are not permitted to use the Sweep Gives site (“Site”) or any related services, including, but not limited to web applications, mobile applications, content or related services (“Services”).
3. NO PURCHASE NECESSARY: No purchase, donation, or any other payment is required to enter any of the sweepstakes. All donations made through Sweep Gives and it’s services are voluntary. You may voluntarily choose to make a donation through one of Sweep Gives’s approved payment providers and services, which will enter you into a sweepstakes. These donations are nonrefundable, final, and subject to processing, transaction and payment fees, which will be deducted. Making a donation does not increase your chances of winning. For information on entering without making a donation, please see the Official Rules page.
4. DISPUTE RESOLUTION NOTICE: AS PART OF OF THESE TERMS OF SERVICE, YOU ARE AGREEING TO CERTAIN TERMS THAT WILL GOVERN HOW CLAIMS YOU AND Sweep Gives HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING, BUT NOT LIMITED TO AN OBLIGATION TO SUBMIT DISPUTES TO BINDING ARBITRATION. YOU MAY OPT OUT ONLY PRIOR TO ACCEPTING THESE TERMS OF SERVICE, AND ONLY IN ACCORDANCE WITH SECTION 24 BELOW. IF YOU DO NOT OPT OUT OF ARBITRATION, YOU ARE AGREEING THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN INDIVIDUAL BASIS AND NOT THROUGH ANY CLASS ACTION, REPRESENTATIVE ACTION OR PROCEEDING. FURTHERMORE, ANY RELIEF SOUGHT, INCLUDING DECLARATORY, INJUNCTIVE AND MONETARY WILL BE ON AN INDIVIDUAL BASIS ONLY.
5. The Services That Sweep Gives Offers: Sweep Gives allows charitable organizations to conduct sweepstakes promotions or prize draws through the use of its services. Sweep Gives may at its own discretion change the services offered or discontinue any of its services at any time of its choosing, and at its sole discretion.
6. Modifications: Modifications to the terms of service may be made periodically and at the sole discretion of SWEEP. If modifications materially affecting the terms of service are made, they will be posted on the Sweep Gives site for thirty (30) days prior to taking effect. You will also receive notice by email as well with a thirty (30) day notice period before the changes take effect. It is important that you keep your email up-to-date, and it is your sole responsibility to do so. If you do not agree to any of the current or new terms of service, you are required to immediately stop your use of any Sweep Gives services, and immediately cancel your Sweep Gives account. In order to cancel your account, please email info@sweepgives.com with the subject line “CANCEL MY ACCOUNT”. If you do not agree to the new terms of service, cancellation of your account must be done within the thirty (30) day notice period. If you do not cancel your account within the thirty (30) day notice period, the new terms of service will take effect.
7. Sweepstakes Rules: Sweepstakes are governed by our Official Rules, these Terms of Service, and may also have their own individual rules.
8. Compliance With Laws: It is your sole responsibility to be informed of your local laws and how they apply to the use of Sweep Gives’s site and services. You are not permitted to use our site or services if it in any way is not permitted by law or regulation that applies to you. In addition, you represent and warrant that any content provided to the Sweep Gives site or services (including user generated content) does not infringe on any third party’s rights.
9. Eligibility: You may only use Sweep Gives’s site and services if you are thirteen (13) years of age or older. Each individual sweepstakes may contain additional restrictions, which will be laid out in the rules for that sweepstakes. Please refer to each sweepstakes for additional rules and restrictions.
10. Limitations On Use: You agree to use Sweep Gives’s site and services for personal use only, and not for commercial purposes. In addition you may not:
    1. By any means whatsoever copy, use, publish, retransmit or redistribute any content whatsoever from this site, unless given specific written permission by SWEEP. This applies not only to business use, but also where the content is not being used for profit or business purposes.
    2. By any means whatsoever circumvent or modify any notices, warnings or limitations in connection with these services. This includes, but is not limited to the use of VPNs that set your region outside of your physical location.
    3. Create or provide any content whatsoever (including, but not limited to comments, profile information, and account information) that is false, deceptive, misleading, unlawful, infringing on any intellectual property rights, hateful, racist, lewd or otherwise deemed by Sweep Gives to be inappropriate.
11. Creation Of An Account: In order to make donations, you must register an account. It is your sole responsibility to keep your account information up-to-date and your password secret. You are responsible for any activities done through your account. Because we may send you important information from time to time and/or give notice of updated Terms of Service, it is imperative that you keep your email up to date.
12. Registration Through Social Accounts: The registration can be done using your social networking credentials (e.g. Facebook login information). You shall comply with the terms of service/use of any social networking service as well as these Terms if using such third party service to register into the Services. If you log into Sweep Gives’s servies using a social media account, you grant us permission to access and use information associated with the applicable social media service. Additionally you grant us permission to store the username and password associated with the service. For more information regarding how your information is used, please refer to our Privacy Policy.
13. Termination of Account: Sweep Gives may at it’s sole discretion suspend or terminate your account at any time. If your account has been terminated by Sweep Gives at it’s sole discretion, you may not use our services under a the same user name, or a new user name, unless explicitly granted permission by SWEEP. Unless requested otherwise through an email to info@sweepgives.com, Sweep Gives will retain your information. If your account is suspended and/or terminated, all representations, warranties and limitations of liability shall survive the termination, in perpetuity.
14. Privacy Policy: Our Privacy Policy is part of these terms of service. Accepting these terms of service includes accepting our Privacy Policy. Please familiarize yourself with it to understand how we use your personal information in connection with our site and services.
15. User Generated Content: You bear the responsibility and liability for any content that you post to the site. Please be mindful of what you share through our site and services.
    1. License Grant: You retain all of your ownership rights in your Content. However, by submitting Content to SWEEP, you hereby grant Sweep Gives a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Sweep Gives’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    2. User Content on Site: Sweep Gives does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Sweep Gives expressly disclaims any and all liability in connection with Content. Sweep Gives does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Sweep Gives will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Sweep Gives reserves the right to remove Content without prior notice. Additionally, Sweep Gives has no obligation to screen, investigate, or take down any user generated content, however, Sweep Gives may take down any user content it pleases, at it’s sole discretion, and without notice. Sweep Gives will not compensate you for any content submitted to the site, unless there is a written and signed agreement between you and SWEEP.
16. Links to Other Organizations and Services: Sweep Gives’s site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by third parties. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.
17. DMCA Take Down Notices: If you are the owner of copyrighted material found on the site without your permission, you may send us a Take Down Notice in compliance with the Digital Millennium Copyright Act. Please send all DMCA Take Down Notices to 548 Market St. #71800, San Francisco, CA 94104-5401, with the Subject line “NOTICE: DMCA Take Down Request”. The notification must meet the following requirements:
    1. It shall contain the electronic or physical signature of the copyrighted work owner, or an authorized person thereof.
    2. It should contain a description of the copyrighted work, including a URL of where the infringing content or a copy of it is found.
    3. It should contain your contact details, including your email address, physical address, and telephone number.
    4. A statement in good faith belief that the work is not authorized by the copyright owner.
    5. A statement by you that the information you are sending in the notice is accurate and that under penalty of perjury you are either the copyright owner or that you have been authorized to act on the copyright owner’s behalf.
18. Third Party Links, Advertising, Services, and Websites: The Service may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by Sweep Gives ( “Third Party” or “Third Parties”). Sweep Gives does not endorse or assume any responsibility for any such Third Party sites, information, materials, products, or services. If you access a Third Party website from the Service or use a Third Party service, you do so at your own risk, and you understand that this Agreement and the Sweep Gives Privacy Policy do not apply to your use of such Third Party sites or services. You expressly relieve Sweep Gives from any and all liability arising from your use of any Third Party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Sweep Gives shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
19. Indemnity: You agree to defend, indemnify and hold harmless Sweep Gives and its subsidiaries, agents, licensors, managers, Distributors, and other affiliated companies and charities, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your account or log-in information.
20. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Sweep Gives SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT Sweep Gives HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
21. ARBITRATION: ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY Sweep Gives SERVICES, SITE, OR TO ANYTHING ARISING OUT OF YOUR USE OF Sweep Gives WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE PARTIES SHALL HAVE DISPUTES FINALLY SETTLED BY BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY REGARDING THESE TERMS OF SERVICE.IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
22. CLASS ACTION WAIVER: WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
23. APPLICABLE LAW AND VENUE: YOU AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND Sweep Gives SHALL BE IN ACCORDANCE WITH THE LAWS OF CALIFORNIA AND THAT ANY AND ALL DISPUTES AND PROCEDURES THEREOF SHALL TAKE PLACE AND BE SETTLED IN SAN FRANCISCO, CALIFORNIA.
24. OPT OUT: If you would like to opt out of the Arbitration and/or Class Action Waiver Clause you may do so, but only by sending a letter postmarked within 15 days of your initial registration with SWEEP. This is to mean that it must be the first time you have ever registered as an individual and/or entity. Please send your intent to opt out using your full legal name, signed by you to: 548 Market St. #71800, San Francisco, CA 94104-540. By opting out of Arbitration, you agree to release Sweep Gives from being bound by the same Arbitration terms.
25. Entire Agreement: This agreement along with any terms and conditions incorporated by reference constitute the entire agreement between you and SWEEP.
26. Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
27. Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service.
28. Subsequent Breaches: Any inaction or waiver on the part of Sweep Gives for any breaches of these terms of service shall not waive Sweep Gives’s rights to acting on subsequent breaches.
29. Headings: The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
30. Privacy Policy: Your data, how it is collected, and how it is used is controlled by our Privacy Policy. Please familiarize yourself with it.