PrizeWise User Agreement
Terms and Conditions
Your use of the PrizeWiseTM website is subject to the following terms and conditions (hereinafter the "Terms"). These Terms may be periodically updated from time to time without notice. It is incumbent on upon every user of the PrizeWiseTM site to familiarize themself with these Terms. Your continued use of the PrizeWiseTM website is your acceptance of changed or modified Terms from the date of your previous use.
Ownership of Intellectual Property Shown Online
PrizeWiseTM maintains a repository of information about products sold in sweepstakes, which is a form of intellectual property (IP), and which is posted online by other parties. PrizeWiseTM expressly disclaims and you acknowledge its non-liability for any IP infringement arising from the presence of the content in its IP repository.
Acknowledgements & Limitations on Liability
PrizeWiseTM manages a forum which goods are sold by other parties.. PrizeWiseTM does not guarantee the accuracy, legal compliance, quality, or fitness of the goods on its website for any particular purpose. PrizeWiseTM is not liable for negligence, fraud, non-performance, copyright or trademark infringement, crimes, or torts of third-parties posting on the PrizeWiseTM website or referenced by content therein.
The products, content and information found on PrizeWiseTM website is provided without warranty of any kind, either express or implied, including without limitation any warranty concerning the information, services, or products offered or provided through or in connection with the website and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. In no event shall PrizeWiseTM or its partners be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the website, or otherwise arising out of the use of the services of PrizeWiseTM, whether based on contract, tort, strict liability, or otherwise. This disclaimer of liability applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication-line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Prohibited Activities
PrizeWiseTM forbids the use of its content and webstie for false or profane language, or language that is gratuitously degrading to any individual, minority group or disadvantaged group of people. You agree you will not: (1) post for sale products or content on PrizeWiseTM that you do not own or have rights to; (2) that are copyrighted, protected by trade secret or otherwise subject to any third-party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant PrizeWiseTM a reseller license; (3) upload, post, e-mail or otherwise transmit any submissions or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (4) use PrizeWiseTM to harm minors in any way; (5) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (6) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (7) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (8) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and (9) collect or store personal data about other users.
You may not resell content you copy, download, or other obtain from the PrizeWiseTM website. You may not use information found on PrizeWiseTM for any unlawful purpose. If PrizeWiseTM notifies you that the manner in which you are using PrizeWiseTM is prohibited or unauthorized, you may no longer use the website for any reason unless otherwise notified.
You and any associates shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that PrizeWiseTM may exercise its rights to deleted any content you submit without notice to you. You may not engage in any conduct that is, or that PrizeWiseTM deems to be, in violation of this User Agreement or other applicable agreements incorporated by this website.
Your Privacy
PrizeWise's Privacy Policy is incorporated in this Agreement and subject to these Terms. The Privacy Policy is available from our home page.
Security
PrizeWiseTM protects your billing information by encrypting it on its servers and providing only employees who have passed a background check with access to it. Secure Sockets Layer (SSL) is used to transmit any credit card data to PrizeWiseTM and keeps the data private and confidential as it is transferred between your machine and PrizeWiseTM.
Contacting Us
You may contact us by telephone, facsimile or email through our Contact Us page on the lower navigation bar.
Third-party Links
PrizeWiseTM maintains links to other web sites which it believes are operational and legitimate, although they are not operated, controlled or maintained by PrizeWiseTM. PrizeWiseTM is not responsible for the content of such web sites and cannot guarantee that such web sites will not change without our knowledge. The inclusion of such links on PrizeWiseTM does not imply our approval of the linked sites or their content. If you navigate away from our web pages by clicking on an unaffiliated web site link, you do so at your own risk and you should be aware that our Terms no longer govern. You should review the applicable terms and policies of the new resolving website, including privacy policies.
E-mail Disclaimer
Please note that when we contact you by e-mail, such communications are not secure. It is the responsibility of the recipient to make sure the message is virus-exempt. We are not responsible for any unauthorized alterations or modifications made to any of our e-mail messages. We make no warranty of any kind with respect to the accuracy of the contents of any of our e-mails. If you require confirmation of the contents of any of our e-mails, please contact us.
Our Legal Rights
These Terms and the relationship between you and PrizeWiseTM shall be governed by the laws of the State of Utah without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the courts located within Salt Lake City, Utah. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Utah in all disputes arising out of or relating to these Terms or other agreements referenced herein.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former User of our services, and no class arbitration proceedings shall be permitted.
You agree that any cause of action arising out of or related to PrizeWiseTM or the website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Registration
Use of our services is limited only to individuals or entities which are capable of forming legally binding contracts. Our services are not available to anyone under the age of eighteen (18). All prizes sold online in the Sweepstakes Rewards Program must originate on the North American Continent, where their transfer from winner to seller can be more easily tracked. Users residing outside of North America may register and use the site only for entering sweepstakes, and only if they agree to pay the shipping and duties on any prizes they win. We apologize that we cannot offer selling privileges to all users. Currently, it is too difficult for us to monitor the shipping of prizes originating beyond North America's borders. We reserve the right to refuse service to anyone for any reason: specifically, to individuals or entities who we believe have broken the letter or spirit of this Agreement and the program it describes, to those individuals or entities those who we believe have acted deceitfully or in bad faith, or to individuals or entities who we deem for any reason to be likely to do so. We are not bound to provide explanations for our refusals. If you are registering as a business, charity, or other entity, you are certifying that you are authorized to so register the business, charity, or other entity.
Fees
Currently, to sell items in PrizeWise's Sweepstakes Rewards Program, PrizeWise users must have 15 unused tickets in the account used to sponsor the sweepstakes. There is no minimum purchase necessary to enter sweepstakes posted on the site. You may write in for a free game piece with a self-addressed, stamped envelope to the address on the "huh?" page above. Coupons may be purchased in quantities of 15 or greater for $1.00 per coupon, or $1.30 per coupon if purchased in quantities of less than 15 . We may modify these fees and requirements at any time.
Return Policy
In the case that a user purchases a coupon or ad on PrizeWise that turns out to be expired or otherwise void, that user will be entitled to a replacement coupon or ad randomly chosen and posted to their account, but not a refund.
Liability
THE COMBINED TOTAL LIABILITY FOR PRIZEWISE AND ALL THE PARTIES LISTED IN PARAGRAPH 5 BELOW FOR ALL DAMAGES SHALL NOT AMOUNT TO MORE THAN $200.00.
Acknowledgments
PrizeWise users are responsible for paying applicable taxes on items they win in the Sweepstakes Rewards Program in whatever jurisdiction they may reside. PrizeWise has attempted to model its site to comply with major recognized laws, but PrizeWise cannot be all things to all jurisdictions. It is, therefore, up to PrizeWise users to ensure that they are posting or acquiring prizes in a manner consistent with governing laws. PrizeWise allows users from North America to register and has attempted to model the site to conform with the numerous laws of the North American Continent out of respect for those laws, but with no agreement to be bound by them. PrizeWise is an online coupon retailer. PrizeWise users acknowledge that PrizeWise, its parent companies, subsidiaries, principals, employees, partners and associates are not in any way responsible for sweepstakes sponsored by others online in the PrizeWise forum or subject to local jurisdictions. PrizeWise users must be aware that they are buying coupons, to which the sweepstakes tickets are incidental. They furthermore acknowledge that PrizeWise is not sponsoring the sweepstakes, but is simply providing the forum in which other third parties can, which parties take responsibility for their own actions. PrizeWise holds the money in escrow for those entities conducting sweepstakes on its site. PrizeWise sweepstakes are void where prohibited, and PrizeWise employees and their families may not participate in the Sweepstakes Rewards Program.
Arbitration
As a courtesy to PrizeWise users concerned with having a manner of recourse if the transactions facilitated for them online are done fradulently, PrizeWise agrees to waive its jurisdictional claims and be bound in civil matters only to arbitration with the American Arbitration Association, headquartered in New York, NY in the United States. In the event a dispute arises between PrizeWise users and PrizeWise in regard to their respective rights, duties and obligations under this PrizeWise User Agreement, or otherwise, or in the event of a dispute between a PrizeWise user and the company, it is agreed that such disputes shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur in Las Vegas, Nevada. The arbitrator may award, in addition to declaratory relief, compensatory relief as set forth in the PrizeWise User Agreement and not otherwise, and shall award the prevailing party reasonable attorney's fees and costs. All PrizeWise users also agree to be bound by arbitration with the American Arbitration Association and to agree to waive other claims of jurisdiction.
Transfer of Ownership
PrizeWise does not transfer legal ownership of the items listed in its Sweepstakes Rewards Program or guarantee the quality of the items there listed. PrizeWise makes a good faith effort to see that ownership is transferred in accordance with the rules of the Sweepstakes Reward Program, and to regulate the integrity of its users, but cannot ensure that a seller will complete the transaction. Likewise, PrizeWise is not responsible for losses sustained by users in uncompleted transactions. By using PrizeWise, you agree to accept the risks of such losses. If a seller fails to deliver a prize to the winner after repeated requests, PrizeWise will give the winner the money the seller would have received.
Posting items
PrizeWise reserves the right to refuse to post items it deems to be grossly overpriced or offensive. On cars, our general rule is that the sell price must not exceed 150% of NAPA low bluebook value, and we judge items without bluebook values under a similar standard. Gift certificates have separate rules. As a general rule, if you are attempting to post an item for more than twice the amount that you could sell it for on eBay, the item will likely be refused. If your posting is refused, we will tell you why and for what price we will approve it if you resubmit. You may also appeal a denial to the reviewing manager, and there is an explanation field in the item submission form where you may explain the reasons that a higher than normal selling price may be justified to us. We also reserve the right to refuse items that we deem to be offered in violation of reasonable laws.
Sweepstakes Winners
It is currently PrizeWise procedure to have an Intel random number generator, seeding by noise internal to the computers' conductors, pick the winners of all sweepstakes. The winning ticket is chosen and posted the moment the final ticket is entered. This process has been proven highly reliable and perfectly random. If there is ever a situation in which a winner must be chosen by hand (i.e., a site bug, an invalid first-time winner, etc.), the winning ticket number will be chosen by the most reputable third party with whom are able to contract, such as our accounting firm or law firm. The sweepstakes information will be transferred to the third party in a double-blind arrangement (in which neither party has both the ticket numbers and their owners, or the winner), and the third party will randomly pick the winning ticket by physically rolling a ten-sided dice, logging each digit after it is rolled.
Escrow
When any sweepstakes ends, PrizeWise holds the money in escrow until the item is delivered to the sweepstakes winner by the seller. The seller must post the tracking number of the item for us within eight (15) business days of the sweepstakes close or provide other proof of title transfer. Once proof of delivery is confirmed by us, normally through confirmation from the winner and/or the shipping provider's records, we send a check to the seller for the sweepstakes price minus our commission, transaction fees, and charitable donations. Sellers will receive 83% of the posted price back. The seller's User Rating will be negatively affected if the prize is not processed for transfer to the winner within the eight (15) day period. If the seller fails to deliver the item to the winner within fifteen (15) days, or make other arrangements with us, PrizeWise will pay the sweepstakes winner 83% of the auction price in dollars and blacklist the seller, after which the matter will be closed.
On any item closing for over $1,000.00, we will honor requests by the seller to submit their money to a reputable out-of-house escrow account to alleviate seller fears about receiving payment before parting with the item. Such arrangements must be made with PrizeWise Customer Service, at CustomerService@PrizeWise.com, within the eight (15) business day period.
Shipping Costs
The seller is responsible for shipping costs to winners in North America and must factor them into the auction price before posting. The seller is not responsible for shipping costs to any country outside North America. If the item is won by a user residing on continents outside North America, the winner will be responsible for the shipping and duty costs.
Taxes, Duties & Fees
All prize winners are responsible for paying taxes on the prizes they have won in their own jurisdictions. Winners are responsible for any additional fees involved in shipping the prize overseas and for any duties imposed on such prizes.
Severability
If any provision of this agreement is found to be unenforceable, it is agreed that it will be severed from the remaining provisions of the agreement, and the remainder will be enforced.
Effective Date: July 27, 2011
User Agreement Version: 1.0
