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TERMS & CONDITIONS

1. YOU AGREE TO THESE TERMS & CONDITIONS BY USING THIS SITE; MANDATORY ARBITRATION

Your access to, and use of one of the sweepstakes-promoted websites (a “Site”) owned and operated by Amped Media Inc (“Sponsor”, “we”, or “us”) and your participation in any sweepstakes promoted on a Site (a “Sweepstakes”) or any other promotion on a Site is subject to the following Terms & Conditions and all applicable laws and regulations. By accessing and using a Site, you agree and accept these Terms & Conditions. If you do not agree and accept these Terms & Conditions, please do not use or visit a Site or participate in any Sweepstakes or other promotion.

Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision at Section 11 below 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 a Site.

2. SWEEPSTAKES (GENERAL)

We may offer, in our exclusive discretion, Sweepstakes from time to time including daily, weekly, monthly, instant win and annual sweepstakes as well as other sweepstakes. The rules and terms and conditions applicable to each Sweepstakes including eligibility, how to enter and no cost alternative means of entry are governed by the applicable sweepstakes rules (“Official Rules”) published on a Site or through a link on the applicable Sweepstakes itself. Please refer to them when participating in a Sweepstakes.  If there is a conflict between an applicable Sweepstakes Rules and these Terms & Conditions, the applicable Sweepstakes Rules shall govern.

Additional notices, terms, and conditions (“Additional Terms”) may apply to the purchase of goods or services, participation in a particular program, and/or to the use of specific portions or features of a Site (“Additional Products”), all of which are made a part of these Terms & Conditions. You agree to abide by the Additional Terms when accessing that portion of a Site and/or with respect to Additional Products. If there is a conflict between these Terms & Conditions and the Additional Terms, the Additional Terms shall control.

3. OWNERSHIP OF CONTENT

The Sites and all of its contents including Sweepstakes, text, and images (“Content”) are owned and copyrighted by us with all rights reserved unless otherwise noted. We also own any Content that is a trademark, logo, or service mark, both registered or unregistered, except for third party trademarks, logos or service marks which are owned by the respective owners thereof.  Your use of any Content, except as provided in these Terms & Conditions, without the written permission of the Content owner is strictly prohibited.  As a visitor to and/or user of a Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use a Site (and its associated Content) and any services for your own personal, non-commercial use in accordance with these Terms & Conditions. We may terminate this license at any time for any reason, whatsoever. You may not copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer a Site, any service, Content or any portion thereof.

4. TERMINATION

We reserve the right at any time to terminate your use of a Site, these Terms & Conditions or cease offering the service or product, at any time if you fail to comply in full with any term of these Terms & Conditions, or any other Additional Terms or Sweepstakes Rules and for any other reason in our sole discretion as it applies to the Site and the use of it. You agree not to interfere with the normal processes or use of a Site, including by attempting to log in to the accounts of other users, attempting to access administrative areas of a Site, attempting to systematically extract Content from a Site beyond patterns consistent with personal use or by Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of a Site.

5. SUBMISSIONS

If you submit any quotations, photographs, comments or other material or content to a Site (collectively, “UGC”), you agree not to: (i) submit libelous or defamatory UGC; (ii) submit any UGC that violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, “stalk” or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to a Site whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of a Site or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of a Site’s functions and/or the servers or networks connected to a Site; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, content designed to initiate “denial of service” attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of a Site or any software used on or for a Site.

By submitting any photograph(s) to us, you represent and warrant that: (a) you have the exclusive copyright to the photograph(s); (b) you have the consent of all individuals depicted in the photograph(s) (by parent or guardian in the case of a minor) for use by us; and (c) we may use the photograph, in its original or any edited, revised or retouched form, in any and all media, without further compensation to you. You hereby grant us a perpetual, global and irrevocable right to use any UGC, registration information and any quotations or comments for promotional purposes and in connection with publishing the statistics of our participants as well as the winners of any Sweepstakes, should you qualify, all without further consideration or compensation.

6. PRIVACY

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to a Site or to us by electronic mail or otherwise will be used by us in accordance with our Sites’ Privacy Policy. Any communication or material you transmit to a Site or us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

7. TELEMARKETING AND TEXT MESSAGES.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology and text and SMS messages to the telephone number(s) that you provided from us and the marketing partners listed in and hyperlinked to the consent.  You are not required to provide this consent to enter a Sweepstakes or purchase any of the other goods or services offered on the Websites and your consent simply allows us to contact you via these means.

Consumers may opt out of receiving text messages by sending or replying “STOP”, “END” or “QUIT” to any SMS message they receive.  Consumers may also reply with “HELP” or click here for support.  Message and Data Rates May Apply to any text/SMS communication.

8. POLICY AGAINST EMAIL SPAM

We require that all emails promoting our Sites (or any Sweepstakes or other Additional Products promoted on a Site) are sent only to users who have agreed to receive such emails. We prohibit any advertising of our Sites using “spam”- unsolicited emails.  If an advertiser or other person advertising or promoting our Sites fails to comply with our “no spam” policy, we will terminate our agreement with such person.  If you feel you’ve been sent unsolicited spam emails promoting our Sites and would like to register a complaint, please let us know by completing the customer support form.  We will immediately investigate all allegations of spam email and take appropriate action.

9. DISCLAIMER OF WARRANTIES

THE SITE, ANY SERVICE PROVIDED BY US, ANY 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 SITES, ANY SERVICE PROVIDED, PRIZES, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITES, ANY SERVICE PROVIDED, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, ANY SERVICE PROVIDED, SWEEPSTAKES, PRIZES, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES, ANY SERVICE PROVIDED, SWEEPSTAKES, PRIZES, 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 PERSONALIZATION SETTINGS IN RELATION TO THE SITES, ANY SERVICE PROVIDED, SWEEPSTAKES, PRIZES, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITES, ANY SERVICE PROVIDED, SWEEPSTAKES, PRIZES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. THE SITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 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 a Site, 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 a Site.

10. EXCLUSION OF LIABILITY

YOUR USE OF A SITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR PARENT, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING A SITE, 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 A SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. MOREOVER, YOUR ACCESS AND USE OF A SITE IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH USE OF A SITE. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A SITE NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SITES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SITES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SITES OR THE INFORMATION AVAILABLE THROUGH THE SITE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

11. INDEMNIFICATION

You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of a Site, any service provided by us, any Sweepstakes, UGC or Content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, but not limited to, intellectual property right; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to a Site.

12. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

If you have a dispute concerning any aspect of these Terms & Conditions, the Service, the Content or a Site, you should first contact customer support on our Sites. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don’t accept it, or we can’t otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.

If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in New York, NY. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of the Terms & Conditions, including this provision, are unenforceable. If the arbitrator awards you relief that is greater than our final written settlement offer, we will pay all AAA filing, administration and arbitrator fees.  If you retained an attorney to represent it in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. For claims you bring 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. Although under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us and/or our employees, officers, directors, members, representatives and/or assigns.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. These Terms & Conditions do 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 this Arbitration/Dispute Resolution Provision by providing written notice of your decision within thirty (30) days of the date that you first access a Site.

YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SITES OR THE SERVICE.

13. LINKS TO THIRD PARTY SITES

The Sited, Sweepstakes, Content, emails or other transmissions may contain links to sites 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 sites and disclaim any responsibility relating to such sites.  Neither do we endorse the content, or any products or services available, on such sites.

14. REVISIONS TO THE TERMS

We may revise these Terms & Conditions at any time in the future to (i) improve or modify a Site or any services provided, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) reflect changes in our business structure. Accordingly, you should review these Terms & Conditions from time to time to check for updates. Your continued use of a Site and/or participation in a Sweepstakes shall evidence your acceptance of any changes.

15. CUSTOMER SERVICE

You may obtain support at any time by submitting a ticket here.

16. GENERAL PROVISIONS

These Terms & Conditions together with the Privacy Policy and Sweepstakes Rules constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  If any part of these Terms & Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms & Conditions, all of which will remain in full force and effect. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.  Any and all disputes relating to these Terms & Conditions, our Privacy Policy, Sweepstakes Rules, your use of a Site, any other website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.  The parties do not intend that these Terms & Conditions create any agency or partnership relationship.  We may assign our rights and obligations under these Terms & Conditions, in whole or in part, to any party at any time without any notice to you. These Terms & Conditions, may not however, be assigned by you, and you may not delegate your duties under these Terms & Conditions.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

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