Your access to, and use of, triviadraws.com ("Website") and your participation in the sweepstakes promoted on the Website ("Sweepstakes") or any other promotion on the Website is subject to the following Terms of Use and all applicable laws and regulations. The Website is owned and operated by TriviaDraws.com, 9450 SW Gemini Dr #32520, Beaverton, OR, 97008-7105 ("we", "us" or "us"). You must be a legal resident of the United States and over the age of 18 to use the Website. Your use of this Website and/or participation in the Sweepstakes, contests, or other promotions on the Website or available through the Website constitutes your acceptance of these terms and gives rise to a binding contract between you and us. These Terms of Use incorporates the posted Privacy Policy as though fully set forth herein. If you do not agree and accept these Terms of Use or Privacy Policy, please do not use or visit the Website or participate in any Sweepstakes, contest or other promotion by or through the Website. We reserve the right to modify these Terms of Use at any time in our sole discretion. Any material change will be noted above and such terms shall be enforced from the date of posting forward. No provision of these Terms of Use or modification thereof shall create any rights in or benefits to any third party.
Mandatory Arbitration. These Terms of Use contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Website.
We promote Sponsored Sweepstakes. The Sponsor provides the content including, but not limited to, Official Rules and Prizes. The rules and terms applicable to each Sponsored Sweepstakes including eligibility, how to enter and no cost alternative means of entry are governed by the applicable official sweepstakes rules ("Sweepstakes Rules") published on the Website or through a link on the Website. Please refer to them when participating in a Sweepstakes. If there is a conflict between an applicable Sweepstakes Rules and these Terms of Use, the applicable Sweepstakes Rules shall govern. In the event the Website becomes inaccessible or inoperable for any reason you agree that we shall not be responsible or liable in manner you or anyone due to or as a result of any such inaccessibility or inoperability. There is no fee payable by you for using the website and no purchase is necessary to participate in the Sweepstakes or any other Promotion contained on or available through this Website. Your access to this Website is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time.
The Website, its content ("Content") is owned, trademarked and copyrighted by us with all rights reserved, except for third party trademarks, logos or service marks which are owned by the respective owners. Your use of any Content, without the written permission is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms of Use. By submitting any content to us, you grant us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You waive any moral rights you may have in or to such content. If you are a prize winner, you are granting us all publicity rights in your image and name.
Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Posted Privacy Policy which is incorporated herein as though fully set forth. Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquires will be treated as, non-confidential and non-proprietary. Your acceptance of a prize from or through the Website shall, unless prohibited by law, constitute a grant to us of all rights to print, publish, broadcast or use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent from you.
Access to the Website or a Promotion through the Website may require you to register using an email address and a password. During the registration process, you will create a unique login. Only one User can use each email address and corresponding password. Anyone with knowledge of both your email address and password can gain access, thus you agree to keep your password secret. You agree to be solely responsible for the confidentiality and use of your password as well as for any communication or interaction entered through the Website when using your password. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your password. We reserve the right to delete or change a password at any time and for any reason.
We strictly prohibit user fraud and abuse relating to access to and use of the Website or any Promotion made available on or through the Website. In accessing the Website or participating in any Promotion, or any other activities, products or services offered by or through the Website, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of this Terms of Use and (c) you will not circumvent or attempt to circumvent any provision in these Terms of Use or a security feature on the Website or engage in any activity that interrupts or attempts to interrupt the operation of the Website. If you or someone through you engages in, participates in or displays behavior demonstrating improper, unauthorized or unfair methods or activities on the Website, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Website from an ineligible location or IP address, using automated technology, proxy servers or other means to conceal your identity, collusion with other users or any other act or circumstance that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of this Agreement, any breach of the security of your account or the Website or any other activity that we, in our sole discretion, deem to be abusive, shall be subject to immediate sanctions as determined in our sole and absolute discretion, including without limitation: (1) account termination without notice; access to the Website blocked; (2) all entries submitted by you will not be valid and you will not be eligible to win; (3) any "winning" invalid entries will be void; (4) any prizes otherwise awarded to you shall be void and/or forfeited; and (5) any prizes already received by you shall be subject to disgorgement and/or recoupment by the Website. Actual or attempted unauthorized use of this Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on this Website without notice to or permission from you. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on this Website. We will comply with all court orders involving requests for such information.
You agree not to bypass or attempt to bypass the home page of this Website and "deep link" to any other page in this Website or frame our content within another website, or copy or use our content in another medium without Our express written permission.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF TRIVIADRAWS OR ANY SWEEPSTAKES ASSOCIATED WITH THIS WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED.
It is the policy of TriviaDraws to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA").
Pursuant to the DMCA, TriviaDraws has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a TriviaDraws website, please notify our designated agent by postal mail at:
Copyright Compliance
9450 SW Gemini Dr #32520
Beaverton, OR, 97008-7105
We will review your claim and respond as it deems appropriate, which may include temporary or permanent removal of the allegedly infringing Content from the Website. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
The Website may feature advertisements, links, materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do we guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Website.
THE WEBSITE, ANY SERVICE PROVIDED BY US, ANY SPONSORED SWEEPSTAKES, SUBMISSIONS AND CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, ANY SERVICE PROVIDED, PRIZES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONAL INFORMATION RELATING TO THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.
Some jurisdictions may not allow the exclusion of implied warranties. Without limiting the foregoing, we neither warrant nor represent that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Website, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Website.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Both you and we acknowledge that we have entered into this agreement in reliance upon the limitations of liability and disclaimer of warranties and damages as set forth above and that the same form an essential basis of the bargain between us. We and you agree that the limitation and exclusions of liability and disclaimers in this Agreement shall survive an apply even if found to have failed their essential purpose.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS, and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("JAMS Rules") then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.com. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration we will promptly reimburse you for any standard filing fee which may have been required under JAMS' Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to us including the filing fee.
If we have a dispute, we will submit our dispute for resolution by arbitration before JAMS in Wyoming. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.
The Website, sweepstakes, Content, emails or other transmissions may contain links to Websites owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such Websites and disclaim any responsibility relating to such Websites. Neither do we endorse the content, or any products or services available, on such Websites.
No information or advice obtained by you from a posting on our Website shall create any warranty not expressed stated in these Terms of Use. We are not responsible or liable for the availability, usefulness or accuracy or any information made available through the Website, and shall not be responsible for any investment, medical, health, financial, or other decision based on such information.
We may revise these Terms of Use at any time in the future to (i) improve or modify the Website or any services provided thereon or through, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) changes in our business structure. Accordingly, you should review these Terms of Use from time to time to check for updates as no further notice other than posting will be provided to you. Your continued use of the Website and/or participation in a Sweepstakes shall evidence your acceptance of any changes. All changes shall be forward facing and implemented from the date of posting forward.
These Terms of Use constitute the entire agreement between you and us in connection with your use of the Website and supersedes all prior agreements between the parties regarding the subject matter contained herein with the exception of the applicable Official Sweepstakes Rules which shall govern in the event of a conflict with these Terms of Use. We have the right at any time or from time to time to modify or amend the terms and conditions of this Agreement and display such changes which shall act as an amendment to these Terms of Use without further notification to you. Use of the Website by you after such posting shall constitute acceptance of the modified or amended terms. No modification made by you shall be binding upon us unless it is made in writing and signed by us. Delaware law governs the performance and interpretation of these Terms of Use, without regard to any conflicts of law provisions. If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. If the performance of any part of these Terms of Use is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, we shall be excused to the extent that we are prevented, hindered or delayed by such cause or causes. If you violate these Terms of Use, or otherwise create legal exposure or risk for us, we will stop providing all or part of Service to you. You may be notified by email or at the next time you attempt to access your account, or your access may be stopped without notice. By deleting your account and access all services will be terminated including termination from any current Sweepstakes you have entered. You may also delete your account in full by contacting us at the address at the bottom of this policy.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE OFFICIAL SWEEPSTAKES RULES, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.
TriviaDraws.com, 9450 SW Gemini Dr #32520, Beaverton, OR, 97008-7105
