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Terms of Service

Last updated: April 13, 2021

Please read this Terms of Service ("Terms" or "Terms of Service") carefully before using the https://www.americancharitiessweeps.com/ Website (the "Website") or mobile application (collectively, the “Services”) operated by American Charities Sweepstakes ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of our Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Services.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Services.

To access or use the Services, you must be 18 years of age. Use of the Services by anyone under 18 is not authorized and you should exit now.

These Terms may be subject to changes or updates, and the Services may not provide notice of such changes or updates. We reserve our right to make changes or updates at any time, and you should routinely check these Terms for updates. By continuing to use the Services and the content we produce, you agree to be bound by the most updated version of the Terms, whether or not you have read it. If you are not in agreement with the Terms as is, please do not use our Services or any of the content that appears thereon.

Prohibited uses

You agree that you will use the Services in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of the Services. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate American Charities Sweepstakes or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or which, as determined in our sole discretion, may harm us or the users of the Services or expose us or other users to liability;
  5. Using the Services in any manner that could disable, overburden, damage or impair the Services or interfere with another party’s use of the Services;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Services for any purpose, including monitoring or copying any of the material on our Services;
  7. Using any manual process or means to monitor or copy any of the material on the Services or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Services, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Services, the server(s) on which the Services are stored, or any server, computer or database connected to the Services;
  10. Attempting to attack or attacking the Services via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Services;
  12. Using the Services in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON SERVICES

THE SERVICES ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE SERVICES, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on the Services. We may experience delays in updating information on the Services and in our advertising on other websites. The information, products, and services found on the Services may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Services, and we cannot guarantee the accuracy or completeness of any information found on the Services. We expressly reserve the right to correct any pricing errors on our Services.

We make no representations about the suitability of the information, products, and services contained on the Services for any purpose, and the inclusion or offering of any products or services on the Services does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that the Services, its servers, or any email sent from us are free of viruses or other harmful components.

Damages

IN NO EVENT SHALL AMERICAN CHARITIES SWEEPSTAKES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF AMERICAN CHARITIES SWEEPSTAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, AMERICAN CHARITIES SWEEPSTAKES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF AMERICAN CHARITIES SWEEPSTAKES WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO AMERICAN CHARITIES SWEEPSTAKES IN CONNECTION WITH SUCH TRANSACTION(S) ON THE SERVICES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF AMERICAN CHARITIES SWEEPSTAKES.

Links to Third-Party Sites

The Services may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Online Purchases

You understand that should you elect to make a payment through our Services, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on the Services, you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions.

Refund Policy

Due to the nature of the products being provided, there are absolutely no refunds unless stated otherwise.

Intellectual Property

All contents of the Services are protected by copyright. The Services, and all content and other materials on the Services, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of American Charities Sweepstakes and are either registered trademarks or trademarks of American Charities Sweepstakes in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at leslie@robustpromotions.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to leslie@robustpromotions.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Leslie Allison-Seei. The following is their contact information:

leslie@robustpromotions.com
800.925.5732
164 S. Myrtle Avenue, Suite 1, Villa Park, IL 60181

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services regarding your copyright.

If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at leslie@robustpromotions.com and include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in DuPage County, Illinois.

Changes

We reserve the right to amend these Terms at any time without any prior notice to you.

Questions

If you have any questions about our Terms and Conditions, please contact us at info@robustpromotions.com.

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