AllDayGiveaways.com Official Rules & Terms of Service
Last Modified on June 9, 2011
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
NO PURCHASE NECESSARY. NO RESEARCH PARTICIPATION REQUIRED.
These Official Rules & Terms of Service (the “Rules” or “Terms of Service” or “Official Rules”) apply to all services provided by ADG (“ADG Service”) including any and all Giveaways presented by AllDayGiveAways.com, 29200 North Western Hiway, Unit 130, Southfield, Michigan, 48034,USA (“ADG”), the Diamond Points Rewards Program (the “Program”, “Rewards Program”) and the Member User Accounts (“Member” or “participant”) for ADG and various third-party merchants (“Publisher(s)”) which will be promoted on its websites (http://www.AllDayGiveAways.com) and or social media pages (the “Websites”). By signing into the AllDayGiveaways.com website, viewing and participating in the giveaways, Diamond Points reward Program, activating or using your ADG membership or your redeeming your Diamond Points (“Diamond Points”), as applicable, you agree that you have received and read these Official Rules & Terms of Service (“Terms of Service”) and agree to be bound by them.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND ADG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ADG MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER ADG NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT ADG WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
INDEMNIFICATION
In addition to your indemnification obligations set forth in the Terms of Service, you agree to indemnify, defend and hold ADG, All Day Interactive Ltd, its parents, subsidiaries, affiliates, officers and employees, and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Diamond Points Rewards Program TOS.
RELEASE
By participating in the ADG service, receipt of any prize, participants agree, to the fullest extent permitted under applicable law, to release and hold harmless ADG, Publishers, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the ADG service, Giveaways or receipt or use or misuse of any prize. By participating, you agree to these Official Rules and to the decisions of ADG whose decisions shall be deemed final and binding.
1. Changes in Terms and Conditions
ADG, its parent company (ADI) and its’ subsidiaries reserve the right to change, limit, modify or cancel Official Rules & Terms of Service (including the number of diamond points issued for a qualifying site action), regulations, benefits, conditions of participation, rewards and reward levels in whole or part at any time, even though changes may affect the value of points or rewards already accumulated. You will be bound by any such changes.
2. Notice of Changes
We reserve the absolute right and discretion to change, withdraw or terminate any aspect of the Program, any Program benefit or award/reward or any of these Program Terms and Conditions including, without limitation, ADG Rewards points and special offers. Any such changes will be shown in these Terms and Conditions on the AllDayGiveaways.com web site and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the web site for a reasonable period of time. ADG will attempt to notify active members of major Program changes, but will not be liable for failure to do so, and all members will nevertheless be bound. An active member is defined as any member having point activity (accrual or redemption) within the last 12 months. Enrolment, membership and all related benefits of the Program are offered in our sole discretion. The Program and special offers are subject to government regulations.
We further reserve the right at any time and from time to time, without notice, to modify or discontinue temporarily or permanently, the Program in whole or in part.
3. Eligibility
Giveaways known as the “Giveaways”, are offered and open only to legal residents of United States and its territories (except residents of Puerto Rico) and Canada (except residents of Quebec) who are at least 18 years old at the time of entry. Employees and directors of All Day Interactive Ltd(“All Day Interactive”), “Publisher” and All Day Giveaways (“ADG”), their respective parent companies, affiliated and subsidiary companies, advertising and promotion agencies, judges and legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors are not eligible. By entering, you agree to these “Official Rules” and that the decisions of All Day Interactive and ADG are final and binding in all respects. Void in Puerto Rico, the Province of Quebec and where prohibited.
4. Membership Eligibility and Fees
Membership to ADG is available to individuals (you) as stated in these Terms of Service. You must be at least 18 years of age or the age of majority in your state or province of residence, whichever is older. You may maintain only one account. Companies and/or other entities cannot enroll. There is no enrollment fee for this Program.
5. Promotion Period
The Promotion Period (“Promotion Period”) of each Giveaway is set by the Publisher of the Giveaway. The publisher determines the “Start Date” as well as the “End Date”. Promotion Periods may be a fixed “End Date” or set to end when a pre-determined set amount of online entries are met. All on-line entries must be submitted before the End Date AND/OR before the set amount of online entries is met to be eligible for the Giveaway. The Promotion Period for all Giveaways will vary. In addition, the Publisher will have the option to “throttle” the giveaway in that only a certain number of entries are allowed each day. This is at the discretion of the publisher should they decide to do so. Publisher and/or ADG reserve the right, at their sole discretion, to modify and/or extend the Promotion period.
6. How to Enter and Win
During the Promotion Period, any eligible legal U.S. or Canadian resident who have registered for the AllDayGiveaways.com website (other than residents of Puerto Rico and the Province of Quebec) and whose ADG member account is in good standing and are eligible for the specific giveaway shall receive entries as follows:
a. Every registered member will automatically receive one (1) ballot he/she casts an online ballot for any giveaway that is available to them. Additional “bonus” ballots shall be cast on a per giveaway basis from a collection of ballots the member may have in their account.
b. A random secure drawing at the end of the Promotion Period will be conducted to award the prize. ADG will randomly select the winner(s) from all eligible entries received during the Promotion Period. The drawing will be conducted within 24 hours after the End Date. ADG/Publisher will make reasonable efforts to notify the winner within approximately ten business (10) days of selection. If after reasonable attempts are made by ADG to contact the winner have not resulted in a response by the winner, ADG will either (a) select a new winner (b) relist the giveaway. Giveaways sponsored by publishers will result in a new winner selected whereas giveaways listed and sponsored by ADG will result in the giveaway being relisted.
Neither ADG, its clients, nor their respective parent companies, affiliates, subsidiaries, divisions, advertising or promotion agencies shall be responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Giveaway, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by ADG due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person’s computer relating to or resulting from participating in these giveaways or downloading any materials in these and whose ADG member account is in good standing. Use of automated devices are not valid for entry.
7. Winner and Prize Drawing
One (1) Grand Prize will be awarded consisting of a prize set forth and valued by the Publisher. The prize will be redeemed by the winner in a manner as set forth by Publisher. If said prize is to be shipped to the winner, it will be shipped ONLY to the winners registered address at the time of entry. The odds of winning depend upon the number of eligible entries received pre-determined by the Publishers Giveaway setup as well as the variable of bonus ballots available to be cast by eligible merchants. Publisher may determine the amount of total entries to be received prior to the commencement of the Giveaway.
Winner will be notified by either email, mail, website notification or telephone. All taxes on winnings are winner's responsibility, and the winner may be required to supply ADG with Social Security/Insurance number and one (1) piece of photo identification to collect prize. Winner is required to provide ADG with a recent photograph and may be required to participate in a short interview by telephone which will be conducted by AGA or the Publisher. Failure to respond to prize notification or to execute and return any requested document within 10 business days of attempted delivery of same, or the return of any prize or prize notification within 10 business days as undeliverable, will result in the awarding of prize to alternate winner. Winner may be required to provide ADG with proof that the winner is the authorized account holder of the contact/profile information associated with the winning entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If winner is deemed to have provided incorrect contact/profile information, said winner is automatically disqualified from the Giveaway and a new winner will be randomly chosen. Contact/profile information cannot be edited once a formal claim has been made after the winner is selected. All information provided at the time of pre-registration must match the winner's Social Security/Insurance number and the identification provided.
To be declared a winner for any of the prizes offered through the Giveaway, a potential winner from Canada will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a 4-function mathematical skill-testing question in no more than 5 minutes, the test to be administered by telephone or online. If a potential winner from Canada cannot be contacted and the skill test administered within seven (7) days of notification, or the question is not correctly answered, the prize will be forfeited. Canadian residents may be subject to withholding taxes, and Canadian residents are responsible for the reporting and payment of any income taxes.
TAXES ARE THE SOLE RESPONSIBILTY OF WINNER. CANADIAN RESIDENTS MAY BE SUBJECT TO WITHHOLDING TAXES AND CANADIAN RESIDENTS ARE RESPONSIBLE FOR REPORTING ANY PAYMENT OF ANY INCOME TAXES.
8. Playing Conditions
ADG reserves the right to investigate and verify any prize winner and disqualify any winner who it finds, in its sole judgment, has not complied with these Official Rules & Terms of Service. Giveaway entries which are not obtained through authorized legitimate channels, or are in any part defective, altered, duplicated, forged, counterfeited, mutilated, or tampered with in any way, or contain or are the result of, seeding, mechanical, electronic, digital or computer, or other errors, are void.
Members are prohibited from registering multiple accounts or creating multiple accounts for the sole purpose of generating referrals to ear Diamond Points. If a member is found to have registered multiple accounts on the All Day Giveaways service, ADG reserves the right to terminate all accounts registered to or referred from said user and void all ballot entries and prizes associated to the user. Furthermore, registering multiple accounts is a direct violation of the terms of service for All Day Giveaways and will be strictly enforced.
Winner and verification determinations are made by ADG, whose decisions are final and binding in all respects.
9. Diamond Points Program Overview
The ADG Rewards Program (“Program”) is a promotional incentive program offered by ADG. Under the Program offered by ADG, you have the opportunity to earn Diamond Points on your Qualifying ADG site membership actions (as hereinafter defined) made using your ADG membership. Your ADG Diamond Points Rewards account will be credited with ADG Diamond points earned on various actions on the Sites including but not limited to referring friends, entering giveaways, logging in, updating your profile, playing games and promoting your activities on your social networks.
10. Diamond Points
Diamond points are loyalty and activity points registered members of ADG can earn and accrue in their account to utilize at a later date to gain access to "additional privileges" on the ADG site(s) and redeem them for merchandise. Members can (i) increase their Giveaway odds by accumulating points and redeeming them in exchange for extra giveaway ballots, (ii) redeem the Diamond points in the ADG Diamond Mall for goods and merchandise (iii) accrue point totals to achieve pre-determined levels to access "membership rewards". Any persons found to have utilized any robotic, automatic, macro, programmed or like entry methods will void all such diamond point accumulations by such methods and persons using any such methods will be terminated from the site forfeiting any and all benefits associated to their membership.
a) In the event of an invalid action for which ADG Diamond Points were allocated in error, ADG Diamond Points will be deducted automatically from your ADG Diamond Points account. Your ADG Diamond Points balance will be reduced by the equivalent number of ADG Diamond Points issued for the invalid action.
b) We may refuse to record or honor any ADG Diamond Points in your ADG Rewards account, or if already recorded, may cancel such points if we cannot confirm that the points were properly issued or obtained.
c) ADG Diamond Points cannot be sold, assigned, traded, willed or otherwise transferred except with our express written permission and in accordance with the terms of these Program Terms and Conditions and any assignment or transfer in violation of these Program Terms and Conditions will be considered to be null and void and may, in our sole discretion, result in the cancellation of your ADG Diamond Points or the termination of your membership in the Program.
d) ADG Diamond Points which have not been redeemed within twelve (12) months following their posting to your ADG Rewards account will expire after twelve (12) months and your rights to those points will be lost. All expired points remain our property.
e) ADG Diamond Points are not exchangeable or redeemable for cash.
f) If a mistake has been made in regards to your membership Diamond Points, we will correct it upon being provided with evidence reasonably satisfactory to us that a mistake has been made. Our decision, however, is final.
11. Diamond Points Value
Diamond Points have no value. Diamond Points are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the terms and conditions of this Program. Points have no fixed or ascertainable cash value. Members have no ownership interest in accrued points and accrued points do not constitute property of the members. Use of the word “earn” in marketing materials in relation to Diamond Points shall mean collect and shall not infer that the points have any value until they are presented for redemption.
12. Earning Diamond Points
Diamond Points may be earned in a variety of manners, including but not limited to, without limitation: (i) submitting reviews and testimonials; (ii) participating in testing new features or applications available through the Sites; (iii) entering giveaways; or (iv) engaging in other activities for which points may be earned. ADG determines, in its sole and absolute discretion:
a) How Diamond Points are earned;
b) The amount of Diamond Points earned for each particular Rewards Program activity; and
c) When such Points, if any, shall be distributed to you.
ADG expressly reserves the right to establish additional means of earning Diamond Points, to delete any or all means of earning Points, to exclude specific types of activities from those that allow points to be earned, or to terminate the Rewards Program at any time, for any reason, or no reason at all.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE DIAMOND POINTS REWARDS PROGRAM DOES NOT GUARANTY THAT YOU WILL EARN ANY POINTS. ADG MAKES NO REPRESENTATION, WARRANTY OR GUARRANTY THAT YOU WILL RECEIVE ANY POINTS THROUGH YOUR PARTICIPATION IN THE REWARDS PROGRAM.
13. Diamond Points Program Availability
The Program is automatically available to every primary ADG Member whose has a completed ADG member profile including valid contact information and is in good standing and not in violation of the ADG member agreement or terms of service. Members who are found to have multiple accounts, who provide “fake” information or have engaged in any activity to tamper, acquire, or fraudulently obtain Diamond Points will not be eligible for the Program and will have their account banned and deleted immediately without notice. Members must be 18 years of age or older and a legal resident of USA & Canada. We reserve the right to determine, in our sole discretion, whether a particular ADG Member is eligible to participate in the Program. You are responsible to update your ADG membership profile with any changes of address or contact information.
The Program is made available to you for your personal, non-commercial use only. Membership in the Program is limited to natural persons only; no corporation, trust, partnership or other entity may hold membership in the Program.
14. Program Interpretation
Interpretations of Program Terms & Conditions shall be at the sole discretion of ADG. ADG reserves the right to add, modify, delete or otherwise change these Terms and Conditions or any rules related to the Program at its sole discretion, with or without notice and subject to local laws and regulations.
15. Points Redemption
You may redeem Diamond Points through certain designated areas of the Sites in which ADG may offer various items with assigned Diamond Point values. When you select a particular item offered through the Sites, and provided you have enough Points to acquire that item, the Points in your account will be reduced by the Point value designated for such item after you have completed the ordering process. Physical products that you have ordered through Diamond Point redemptions will be delivered within the time period specified for the delivery method designated on the Sites.
ALL REDEMPTIONS OF DIAMOND POINTS ARE DEEMED FINAL. YOU ACKNOWLEDGE AND AGREE THAT REDEMPTIONS OF POINTS ARE NOT REFUNDABLE, IN WHOLE OR IN PART. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL REDEMPTIONS OF DIAMOND POINTS THROUGH YOUR ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED REDEMPTIONS.
16. Diamond Points Ownership
As between you and ADG, ADG owns the Sites and the Points. You hereby expressly acknowledge and agree that:
DIAMOND POINTS HAVE NO VALUE OUTSIDE OF THE ADG REWARDS PROGRAM AND YOU HAVE NO CLAIM, RIGHT, TITLE, PROPRIETARY OR OWNERSHIP INTEREST IN ANY POINTS;
AND
ADG SHALL NOT BE LIABLE IN ANY MANNER FOR THE DELETION, MODIFICATION, IMPAIRMENT, HACKING OF OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE DIAMOND POINTS YOU HAVE RECEIVED, IF ANY, INCLUDING, BUT NOT LIMITED TO, DELETION OF DIAMOND POINTS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR EXPIRATION OF POINTS.
17. Points Adjustments
The points listed in your ADG Diamond Points account are subject to change to reflect actual redemption activities information, any adjustments and Program changes. If you believe your account activity statement is inaccurate, contact the ADG Diamond Points Service Center by submitting a ticket at http://support.alldaygiveaways.com. Point adjustments will not be made for discrepancies that have occurred 30 days past the date of point adjustment request.
18. Program Liability & Modification
You agree that we will not be liable to you or to any third party for any modification or discontinuation of the Program. We are also not liable for and you release us from any and all claims in respect of:
a) Suspension or termination of the Program for any reason;
b) Suspension or termination of your membership in the Program, the closing of your ADG Rewards account; or the cancellation or invalidation of any or all of your ADG Diamond Points;
c) Cancellation or expiration of any ADG Diamond Points;
d) Non-availability of any requested award, product or service at participating merchants or suppliers;
e) Correspondence which is lost or delayed in transit or otherwise or misdirected communications or any consequences thereof;
f) Non-delivery by a merchant of any product or service or failure to provide a product or service as described; or
g) Claims resulting from performance or failure to perform by a participating merchant or supplier.
19. Prohibited Activities
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Diamond Points with any individual or entity other than by (1) redeeming Diamond Points with ADG or (2) giving Diamond Points to other ADG account holders through the Sites. For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Diamond Points (whether or not held by accounts registered to you) outside of the Sites, through a website, or any other medium, or exchanging Diamond Points, whether inside or outside the Sites.
ADG has the right to terminate your ADG account if you violate the Terms of Service or any other ADG policy. Additionally, ADG may terminate your Sites account if ADG determines, in its sole and absolute discretion that you have: (1) engaged in fraud or deceitful conduct relating to the Diamond Points Rewards Program; or (2) engaged in any illegal act or violated any law, regulation or policy relating to the Rewards Program.
You expressly acknowledge and agree that your participation on the Diamond Points Rewards Program is void where prohibited or restricted by law
20. Tax Liability
Diamond Points and rewards received through participation may be subject to tax liability, including, without limitation, foreign, federal, state and local taxes, surcharges, security charges and departure taxes. Any tax liability, including disclosure, connected with the receipt and/or use of rewards is the responsibility of the member.
You must provide your current accurate taxpayer information to ADG. You acknowledge and agree that you are solely liable for the payment of any and all taxes resulting from your redemption of Points, and you further acknowledge and agree that you will execute any documents and do any such other acts or deeds as requested by ADG with regards to your payment of such taxes. If ADG does not have current taxpayer information for you on file for a particular year, ADG may refuse your redemption of Points or withhold certain amounts from your redemptions as determined by ADG in its sole and absolute discretion.
21. Communications Not Received
ADG is not liable for loss of misdirected correspondence, requests, freight, or Reward redemptions that may be incomplete, illegal, delayed, lost or stolen.
22. Restricted by Law
This Program or participation therein is not valid and/or the awarding of Diamond Points and/or the granting of rewards is void where prohibited or restricted by law in the country of the member's domicile.
23. Program Violations
Program violations, suspected fraud or abuse in relation to Diamond Points or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by ADG, including, without limitation, freezing your account the forfeiture of all point transfers, rewards, privileges, or merchandise issued pursuant to point redemptions and any accrued Diamond Points in your account, as well as cancellation of the account and your future participation in the Program.
24. Member Generated Accounts
A member generated account is defined as and viewed by ADG as any account created by an existing member for the sole purpose of generating referral Diamond Points. This includes creating/utilizing various email accounts to receive ADG referrals and account signups using these email accounts. ADG reserves the right, at its sole discretion, to ban and delete immediately without notice any account involved in such activities. Any diamond points, giveaway prizes and related privileges will be automatically forfeited.
25. Termination
You acknowledge that ADG, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the Diamond Points Rewards Program for a variety of reasons, including, without limitation, if ADG believes that you have violated or acted inconsistently with the letter or spirit of the Rewards Program, Official Rules & Terms of Service or any other agreement referred to in the Official Rules & Terms of Service. You agree that any termination of your access to the Diamond Points Rewards Program under any provision of the Rewards Program TOS may be effected without prior notice, and acknowledge and agree that ADG may immediately deactivate or delete your account and/or bar any further access to the Diamond Points Rewards Program. If for any reason your account is terminated by either ADG or you, all Points in your account will be immediately forfeited. Further, you agree that ADG shall not be liable to you or any third-party for termination of your access to the Diamond Points Rewards Program.
26. Contact
We may contact you via e-mail or postal mail to provide you with information about the ADG service, Diamond Points Rewards Program or your account or to provide you with information about special offers available only to ADG Rewards Program participants.
27. Publicity
By accepting prize, where permitted by law, you hereby give permission to ADG and its respective parent companies, distributors, affiliates, subsidiaries, officers, vendors, advertising agencies and promotion agencies and their respective directors, officers, employees, representatives and agents permission to use, reproduce, exhibit, display, print, distribute, publish and broadcast, without any obligation to compensate you, your name, city/state, picture, portrait, likeness, voice, biography, and winner's statement, contained in, or relating to, your entry in the Giveaway in any and all advertising marketing and promotional materials, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, except where prohibited by law, and without notice, approval or review by you.
28. General Conditions
Winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of notification in a form provided by ADG. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if Winner is found not to be in compliance with these Official Rules or otherwise ineligible, may result in disqualification with an alternate Winner selected.
ADG reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond ADG 's reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by ADG in its sole discretion.
Where permitted by law, you, and on behalf of your heirs, executors, administrators and assigns, agree to release and hold harmless ADG, All Day Interactive, Publisher and their parent companies, distributors, affiliates, subsidiaries, officers, vendors, advertising agencies and promotion agencies, and each of their respective directors, officers, employees, representatives and agents from any and all liability for, or relating to, any and all rights, claims and causes of action whatsoever that you may have, or which may arise, against any of the foregoing for any matter or cause whatsoever, including without limitation, any injuries, loss or damage of any kind, whether direct or compensatory, incidental, consequential or otherwise to any person, including death, and property damage, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, your participation in any Promotion-related activity, or your participation in the Promotion.
ADG reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or the Website; to be in violation of the Terms of Service of the Website; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. The accumulation of ballots and/or Diamond Points generated through robotic, automatic, macro, or like methods is also strictly prohibited, regardless of whether the Automated Cheat was used in connection with your account. ADG’s determination of whether an Account is accumulating ballots and/or Diamond Points generated through Automated Cheats is in ADGs sole discretion.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAYS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADG RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason this Giveaway is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of ADG, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, ADG reserves the right to cancel, terminate, modify or suspend the Giveaway. If the Giveaway is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.AllDayGiveaways.com
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PUBLISHER RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
29. LIMITATIONS OF LIABILITY
ADG DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. ADG IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY ADG ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE GIVEAWAY; (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 OR MISUSE OF ANY PRIZE. 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, PROVIDED THAT IF IT IS NOT POSSIBLE TO AWARD ANOTHER ENTRY DUE TO DISCONTINUANCE OF THE GIVEAWAY, OR ANY PART OF IT, FOR ANY REASON, ADG, AT ITS DISCRETION, MAY ELECT TO HOLD A RANDOM DRAWING FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED UP TO THE DATE OF DISCONTINUANCE FOR ANY OR ALL OF THE PRIZES OFFERED HEREIN. NO MORE THAN THE STATED NUMBER OF PRIZES WILL BE AWARDED. IN EVENT THAT PRODUCTION, TECHNICAL, SEEDING, PROGRAMMING OR ANY OTHER REASONS CAUSE MORE THAN STATED NUMBER OF PRIZES AS SET FORTH IN THESE OFFICIAL RULES TO BE AVAILABLE AND/OR CLAIMED ADG RESERVES THE RIGHT TO AWARD ONLY THE STATED NUMBER OF PRIZES BY A RANDOM DRAWING AMONG ALL LEGITIMATE, UNAWARDED, ELIGIBLE PRIZE CLAIMS.
ADG IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE GIVEAWAY. ADG IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS' OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS GIVEAWAY OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE.
IN NO EVENT WILL ADG, ALL DAY INTERACTIVE, PUBLISHER OR THEIR PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, VENDORS, ADVERTISING AGENCIES AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS GIVEAWAY, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS PROMOTION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
30. Disputes
As a condition of participating in the ADG service and/or Giveaway, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Giveaway), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or All Day Interactive’s, ADG’s or Publishers’ rights and obligations in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan U.S.A.;
In the event of a dispute as to the identity of the Winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
31. Conditions, Email & Marketing Messages
As a condition of membership to AllDayGiveAways.com, members agree to receive transactional and administrative emails from ADG pertaining to but not limited to “Ballots Cast”, “Membership Details”, “Forgot Password”, “Consolation Notice”, “Winners Announcement”, and “New Giveaways”. Members grant the expressed permission to ADG to send these emails as they act as notification as well as record of account for said member. Member agrees that they will not “mark” said messages as SPAM as they are sent in strict accordance with the terms of service and furthermore, member has agreed to receive said messages based on actions performed on the ADG service. Member acknowledges that by “marking” said emails as SPAM harms ADG’s reputation and is detrimental to the service in which ADG is trying to provide to member.
Member acknowledges that giveaways are offered by publishers in exchange for the ability to send marketing messages to each member that enters the giveaway. Member agrees that if they enter a giveaway, their details will be provided to the publisher that published the giveaway and will receive marketing messages from said publisher. Member further acknowledges that at any time after receiving said giveaway, they can opt-out of the giveaways to be removed from future email messages from said publisher. Member agrees that they will not “mark” said messages as SPAM as they are sent in strict accordance with the terms of service and furthermore, member has agreed to receive said messages based on actions performed on the ADG service. Member acknowledges that by “marking” said emails as SPAM harms ADG’s reputation and is detrimental to the service in which ADG is trying to provide to member.
32. Referrals And Anti-SPAM Policy
ADG encourages you to spread the word about our site and service to any of your colleagues, family members or friends who you think may be interested. ADG has a built in service to facilitate the referring of friends to the ADG website. This service includes the automation of aggregating email address as well as FaceBook® friends from the users account to allow the user to select who to send a referral message to. ADG sends on behalf of the user an invitation to the “friends” inbox or posts an invitation to the “friends wall”. By utilizing this service, the member agrees to the following:
a) By providing ADG with email addresses of Members’ Friends for Referral purposes, Member affirmatively authorizes ADG to send them an email, as outlined herein, on the Member's behalf.
b) Member grants to ADG consent for it to use Member's name and email address for the purposes of sending email to Member's Friends.
c) ADG prohibits the use of this email referral service for any transmission, distribution or delivery of (i) unsolicited emails to any person or (ii) an email to an individual you do not have a personal and close relationship with (“Spam”). Member agrees not to use any false email addresses or names in regard to this Referral service. Member represents and warrants to ADG that Member has an existing business or personal relationship with each Friend and that it is the Member's genuine opinion that each Friend would wish to receive the ADG Referral Email or FaceBook® wall post.
d) Without limiting the generality of the foregoing, Member must not obtain names for referral from
i. group email addresses;
ii. email mailing lists;
iii. contacts added to your address books from emails received from businesses and/or organizations.
e) Member acknowledges that by utilizing the referral service to SPAM or invite individuals that they do not have a personal relationship with cause detrimental harm to ADG, its reputation and its ability to continue operations.
f) Member agrees to not send unsolicited mail or SPAM mail to promote ADG. This action WILL RESULT in immediate termination of Member's account with a cancellation of any pending ballots and diamond points. Member will also be in violation of the ADG Terms of Service and subject to legal action that may occur from the result of the unsolicited email sent by Member.
By utilizing the ADG referral service, you hereby agree that you will not use the referral service on this Site to send Spam to anyone. If you Spam any individual in order to generate referrals, you will be ineligible for any diamond points, your account will be terminated and you will be permanently banned from participation in future giveaways. ADG will not intentionally spam you. If you encounter potential Spam activity from a member of Referral, please contact us immediately at info@alldaygiveaways.com.
33. Winners List
The names of winners will also be posted at www.alldaygiveaways.com Entrant's Personal Information: Information collected from entrants is subject to ADG Privacy Policy www.alldaygiveaways.com/privacypolicy
34. Disclaimer of Warranties
YOUR PARTICIPATION IN THE ADG SERVICE & DIAMOND POINTS REWARDS PROGRAM IS AT YOUR SOLE RISK. THE REWARDS PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ADG MAKES NO WARRANTY THAT (I) THE DIAMOND POINTS REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS, (II) THE REWARDS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATING IN THE REWARDS PROGRAM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REWARDS PROGRAM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES AND/OR REWARDS PROGRAM WILL BE CORRECTED.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
35. No Guarantees on Prizes/ Merchandise
ADG, its parent, subsidiaries, affiliates, franchisees, and agents make no guarantees, warranties or representations of any kind, expressed or implied, with respect to items of merchandise or products or services of partners, and shall not be liable for any direct or indirect, loss, expense (including without limitation, any legal fees), accident or inconvenience that may arise in connection with the use of such items or as a result of any defect or failure of such items, consequential or incidental damages, for loss of profit, business opportunity or opportunity cost, related to the performance or nonperformance of the Program, a product, service or merchant, whether such damages may have or have not been foreseen, even where we may have been advised of the possibility of such loss or damages. Any implied warranties of merchantability or fitness for a particular purpose are specifically disclaimed.
36. Membership Cancellation
We may immediately suspend or terminate your ADG membership, close your ADG Rewards account, participation in the Program and/or cancel your ADG Rewards points if we reasonably believe that you have breached these Official Rules & Terms of Service or if there is any theft of or misconduct in connection with the ADG service or provided false or misleading information to us.
a) ADG reserves the right to cancel any ADG membership and revoke any and all unredeemed Diamond points collected by any member for reasons that include, but are not limited to: i) violation of these Terms and Conditions; ii) misrepresentation of any information or any misuse of this Program; iii) violation of any national, state, federal, provincial or local law or regulation in connection with the use of membership privileges; iv) commission of fraud or abuse involving any portion of this Program; v) more than one active account per member; or vi) physical, verbal, or written abuse of ADG Staff or personnel; or vii) action, in any other way, to the detriment of the Program or any of its alliances; all as may be determined by ADG in its sole discretion.
b) If ADG cancels or revokes your ADG membership and close your Program account for any reason, you will be ineligible to earn ADG Rewards points after the cancellation date. In addition, you will not be eligible to redeem your accumulated ADG Rewards points and all accumulated points on the cancelled account will be forfeited.
c) Should you decide to cancel your ADG membership and close your ADG Program account, you may redeem any unused ADG Rewards points within thirty (30) days of closing your account, provided the account is in good standing, and you are not in breach of the ADG Member Agreement at the time of closure. After sixty (30) days, all unredeemed ADG Rewards points will be forfeited.
37. Legal Rights
Neither the ADG service, Program nor any benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by members against ADG.
38. Data Privacy
You consent to our collection, use and disclosure of your personal information in accordance with the ADG Privacy Statement located at www.alldaygiveaways.com/giveaways-contests-sweepstakes/privacypolicy/ as it may be amended from time to time and incorporated herein by reference. Under the data protection legislation of various countries, we are required to particularly draw your attention to the fact that by applying for membership or by continuing to exercise the privileges of membership and in order to make it possible for ADG to perform its obligations under the Program, you accept and explicitly authorize that your personal information which is supplied by you in the enrollment form or during the course of your Program membership (i) shall be processed by ADG, in its capacity of data controller, by its subsidiaries, affiliates or to third parties to process your personal data on our behalf or where required by applicable law or in the event of a company reorganization, merger or acquisition (ii) for use of such information for its (their) administration of membership records, customer service, advertising, marketing and communication purposes. They or we may contact you for marketing purposes by mail, fax, telephone or email (iii) to administer the Program or to fulfill the redemption requests under the Program or pursuant to a court order or pursuant to a governmental agency holding legislative power to compel such disclosure. All collection, use and disclosure of your personal information shall be in accordance with ADG’s Privacy Statement.
39. Right of Access to Data
You have a right of access to your data by logging into your account at www.alldaygiveaways.com and viewing the “profile” section which contains your accessible information. You are responsible for restricting access to and maintaining the confidentiality of your membership account and password and you agree to accept responsibility for the activities of anyone using your username and password.
40. Maintaining Account Information
You can view your ADG account details, profile information, referral history, Diamond Points Rewards account details and activity, and update your personal information and communication preferences at www.alldaygiveaways.com You agree to provide accurate information to the program and to promptly adjust your profile to reflect any changes to your contact information. These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the ADG service, your entitlement to collect and redeem ADG Diamond Points and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. We have the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program.