By enrolling in and/or using the iPodSweepstakes.com Program
("iPodSweepstakes.com®"), you agree that you have read and understand this
Agreement ("Agreement") and the Official Sweepstakes Rules and that your
membership in iPodSweepstakes.com® shall conform to its terms and conditions.
iPodSweepstakes.com® is owned and operated by ScotInteractive, Inc. ("SII").
iPodSweepstakes.com® members ("Members") may earn entries into the daily
sweepstakes to win an iPod® Shuffle ("Sweepstakes Entries") by clicking on
links to advertisers'offers found on the iPodSweepstakes.com® web site and
within emails sent by iPodSweepstakes.com® ("Offer Links"); referring new
Members to iPodSweepstakes.com®; and complying with the terms of other offers
or programs from iPodSweepstakes.com®. Members may also earn a 1GB iPod® Shuffle by earning 800 Pod Points, a $75 iTunes gift card by earning 1,000 Pod Points, a 4GB iPod® Shuffle by earning 1,500 Pod Points, an 8GB iPhone® 3G by earning 2,000 Pod Points, an 8GB iPod® Nano by earning 2,500 Pod Points, a 16GB iPhone® 3Gs by earning 3,000 Pod Points, a 120GB iPod® Classic or an 8GB iPod Touch by earning 3,500 Pod Points, or a 16GB iPod Touch by earning 4,000 Pod Points. Pod Points are earned
by completing advertisers' offers found on the iPodSweepstakes.com® web site
and within emails sent by iPodSweepstakes.com® ("Pod Points Links"). By
enrolling in and/or using iPodSweepstakes.com®, you are expressly agreeing to
opt-in and you are agreeing that you wish to receive emails from
iPodSweepstakes.com®.
SII reserves the right to send Members messages from time to time that do not
contain Offer Links or Pod Points Links. Such messages may include
iPodSweepstakes.com® system updates; flash bulletins; confirmations;
administrative announcements; special requests and so on - and may be sent via
email or regular mail. SII is under no obligation to provide Members with any
particular number of Offer Links or Sweepstakes Entries or Pod Points Links or
send messages to them.
SII reserves the right to limit IPodSweepstakes.com® enrollment at any time.
iPodSweepstakes.com® Privacy Promise
SII promises to maintain the privacy of Members' personal information. The full
extent of our commitment can be found by visiting Privacy Policy.
Terms of Participation
Only individuals 16 years or older and residing in the United States may enroll
in iPodSweepstakes.com® and become Members. Corporations or other business
entities are not eligible to become Members. iPodSweepstakes.com® membership
and its right to use is limited to one individual per iPodSweepstakes.com®
account. iPodSweepstakes.com® allows only one email address per Member and each
individual may have only one iPodSweepstakes.com® account. Member agrees to
provide only true and accurate information to iPodSweepstakes.com® (including
to its advertisers and partners) at all times. Member agrees to comply with the
terms of all iPodSweepstakes.com® and iPodSweepstakes.com® advertiser and
partner offers, promotions, and programs at all times. Member agrees not to
abuse iPodSweepstakes.com® privileges by conduct which is detrimental to the
interests of SII, including without limitation attempting to accrue Pod Points
or Sweepstakes Entries or use Pod Points or Sweepstakes Entries in a manner
inconsistent with the rules of iPodSweepstakes.com® or intent of this
Agreement, having multiple accounts, attempting to earn Pod Points or
Sweepstakes Entries through other than legitimate channels, attempting to take
advantage of a particular Pod Points-earning opportunity more than once,
participating in purchasing or redemption fraud, sending unsolicited email
("SPAM") through iPodSweepstakes.com® or tampering with iPodSweepstakes.com®
links.
SII reserves the right to terminate or disable, at SII's sole discretion, any
iPodSweepstakes.com® membership if SII believes such Member has violated or
acted inconsistently with the rules of iPodSweepstakes.com® or intent of this
Agreement. Member understands and agrees that disabling of membership will
result in Member's inability to win the sweepstakes or to earn any reward,
including, but not limited to, an iPhone®, iPod® Shuffle, iPod® Nano,
iPod® Touch, iTunes® gift card, or iPod® Classic. Member understands and
agrees that termination of membership will result in the cancellation of all of
Member's Sweepstakes Entries and Pod Points. SII shall be the sole determiner
in cases of suspected abuse, fraud, or violation of its rules and any decision
it makes relating to termination of membership (including cancellation of Pod
Points and Sweepstakes Entries) shall be final and binding. Pod Points and
Sweepstakes Entries have no cash value. Member agrees to promptly notify
iPodSweepstakes.com® of any change in Member's address (mail or email) or
personal profile by clicking on the Update Contact Information link located on
Members' Personal Page. Member's discontinued participation in
iPodSweepstakes.com® or failure to notify SII of any address (mail or email) or
profile changes may result in the termination of Member's membership and
forfeiture of Member's Pod Points and Sweepstakes Entries.
Pod Points may be redeemed only for a 1GB iPod® Shuffle, 4GB iPod® Shuffle, 8GB iPhone® 3G (does not include cellular phone service), 8GB iPod® Nano, 16GB iPhone® 3Gs (does not include cellular phone service), 120GB iPod® Classic, 8GB iPod® Touch, 16GB iPod® Touch or a $75 iTunes® gift card as offered through iPodSweepstakes.com®. All such merchandise will be furnished in either new or refurbished condition and, in SII’s sole discretion, gift cards for equivalent value may be substituted for the actual merchandise. Pod Points have no cash value. Pod Points will be
subtracted from Member's account once they are redeemed. In conjunction with
redeeming Pod Points for an iPod® Shuffle, iPod® Nano, iPod® Touch, iPhone®,
iPod® Classic, or iTunes® gift card Member agrees to confirm that all
information in Member's personal profile is up-to-date and
accurate.
SII reserves the right to cancel or disable any membership if that Member has
been inactive for a period of 12 consecutive months. "Inactive" shall be
defined as lack of one of the following: click through on any Offer Link; email
response; survey completion; or profile update. SII reserves the right to limit
the opportunities to earn Sweepstakes Entries and Pod Points available to
Member while Member remains inactive.
Member shall comply with all laws, rules, and regulations that are applicable to
Member. Member acknowledges that Member may only participate in
iPodSweepstakes.com® if and to the extent that such participation is permitted
by such laws, rules, and regulations. All entries into any of the drawings
conducted by iPodSweepstakes.com® are subject to the Official Sweepstakes Rules
located at http://www.iPodSweepstakes.com/SweepstakesRules.aspx.
SII refuses to enroll Member, and may restrict, modify, or terminate Member's
participation in iPodSweepstakes.com®, without liability to SII or any other
party, if Member violates any law, rule, or regulation, or if Member's
participation in iPodSweepstakes.com® could violate any law, rule, or
regulation.
Disclaimer of Warranties
Member expressly agrees that use of iPodSweepstakes.com® is at the Member's sole
risk. iPodSweepstakes.com® and all services offered therein are provided on a
strictly "as is" and "as available" basis. SII MAKES NO WARRANTY WITH REGARD TO
ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH
iPodSweepstakes.com® OR THROUGH iPodSweepstakes.com® ADVERTISERS OR PARTNERS;
THAT iPodSweepstakes.com® WILL MEET MEMBERS' REQUIREMENTS; OR THAT
iPodSweepstakes.com® WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES SII
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
iPodSweepstakes.com® OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH iPodSweepstakes.com®.
SII expressly disclaims any and all express and implied warranties, including,
but not limited to, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. SII shall not be liable or
responsible for those guarantees, warranties, and representations, if any,
offered by iPodSweepstakes.com® advertisers, partners, manufacturers of
merchandise, or suppliers of services. No advice or information, whether oral
or written, obtained by Member from SII or through iPodSweepstakes.com® shall
create any warranty not expressly made herein.
Limitation of Liability
SII SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO
PARTICIPATE IN iPodSweepstakes.com®. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SII is not responsible for damages or losses that result from participating or
inability to participate in iPodSweepstakes.com®, or reliance on or use of
information, services, or merchandise provided on or through
iPodSweepstakes.com®. Member acknowledges and agrees that SII neither endorses
the contents of advertisements or third parties' web sites, nor assumes
responsibility or liability for the accuracy of material contained therein, or
any infringement of third party intellectual property rights arising therefrom,
or any fraud or other crime facilitated thereby. SII is not responsible and
assumes no liability for changes or discontinuances of service from providers
which may affect offers or the accrual of Sweepstakes Entries. In no event
shall SII's liability, either jointly or severally, exceed $100.
Member's correspondence with or participation in promotions of
iPodSweepstakes.com® advertisers and partners are solely between corresponding
Member and the advertiser or partner. SII assumes no liability, obligation, or
responsibility for any part of any such correspondence or promotion, including
without limitation withdrawal or modification of any offer or promotion. Member
understands that, in some cases, there may be a delay in the crediting of Pod
Points for promotions of advertisers or partners due to advertiser's or
partner's failure to provide necessary information to SII for such crediting of
Pod Points. SII will not be responsible or liable for the delay or failure to
credit Pod Points in such event. Member further understands that SII will not
credit Pod Points unless and until its advertisers or partners report Member's
successful completion of advertiser's or partner's offer to SII.
Third Party Services
To enhance the value of the iPodSweepstakes.com® service to its Members, SII may
on occasion share selected personal information with third parties for the
limited purposes of data verification and supplementation. Such third parties
shall be STRICTLY bound by the terms set forth in the iPodSweepstakes.com®
Privacy Policy. Such third parties will agree to maintain the confidentiality
and protection of your personal information, at all times during and after
providing services.
Termination
AT ANY TIME EITHER MEMBER OR SII MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR
WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES
UPON TERMINATION.
Termination of Member's membership by Member is effective upon Member submitting
a termination request using the unsubscribe page. Member understands that, in
some cases, Member may still receive email messages (which may have been
scheduled prior to Member's termination) after termination. Member may not earn
Pod Points or Sweepstakes Entries after termination.
Should Member object to any of the terms and conditions of this Agreement, or
any subsequent modifications thereto, or become dissatisfied with
iPodSweepstakes.com®, Member's only recourse is to immediately discontinue
participation in iPodSweepstakes.com® and properly terminate his or her
membership (see paragraph above). SII reserves the right to terminate the
membership of any Member who appears, in the sole discretion of SII, to be
using iPodSweepstakes.com® in a manner inconsistent with this Agreement, the
intent of this Agreement, or any iPodSweepstakes.com® rules.
Non-Transferability
Member's right to use iPodSweepstakes.com® is non-transferable. Sweepstakes
Entries and Pod Points are non-transferable and are void if transferred.
Member's membership will terminate immediately in the event of Member's death.
Sweepstakes Entries and Pod Points may not be bartered or sold.
iPodSweepstakes.com® accounts, Pod Points and Sweepstakes Entries are not
transferable upon death or as part of a domestic relations matter or otherwise
by operation of law.
Proprietary Rights to Content
Member acknowledges that iPodSweepstakes.com® content (including but not limited
to text, sound, photographs, graphics, or other material contained in any
iPodSweepstakes.com® communication, advertisements, or messages, whether by SII
or SII's advertisers or partners), service and software are protected by
copyrights, trademarks, service marks, patents, and/or other proprietary rights
and laws; therefore, Member is only permitted to use content, service, or
software as expressly authorized by SII, its advertisers and partners, as the
case may be. Member agrees not to forward any iPodSweepstakes.com® offers or
promotions to others without first obtaining the express written permission of
SII; iPodSweepstakes.com® offers are specific to Member's membership unless
otherwise stated.
Modifications
SII reserves the right to change this Agreement, and/or any part thereof, at any
time. Member understands the most recent version of this Agreement will be
located on the iPodSweepstakes.com® Web site in the Membership Agreement
section. Member's non-termination or continued use of iIPodSweepstakes.com®
constitutes an affirmative acknowledgment by Member of any modification to the
Agreement and consent to abide and be bound by any terms thereof. At any time,
if Member does not agree with the terms of the Agreement, Member may terminate
Member's membership. SII reserves the right to modify or discontinue the
iPodSweepstakes.com® service with or without notice to Member. SII shall not be
liable to Member or any third party should SII exercise its right to modify or
discontinue the iPodSweepstakes.com® service.
Notices
All notices given by SII to you will be given by email, regular mail or by
general posting on the iPodSweepstakes.com® Web site.
Indemnification
Member agrees to indemnify and hold SII, its affiliates, officers, and employees
harmless from any claim, demand, expense, or damage, including reasonable
attorneys' fees relating to use of iPodSweepstakes.com® or violation of this
Agreement.
Laws
Any dispute or claim arising out of or in relation to this Agreement, or the
interpretation, making, performance, breach, or termination thereof, shall be
finally settled by binding arbitration in Boca Raton, Florida, under the
Commercial Arbitration Rules of the American Arbitration Association by three
arbitrators appointed in accordance with said Rules. Judgment on the award
rendered by the arbitrators may be entered in any court having jurisdiction
thereof. This contract shall be governed by the law of the State of Florida,
excluding its conflict of law principles. The arbitration proceedings shall be
governed by federal arbitration law and by the Rules, without reference to
state arbitration law. Member and SII agree that, any provision of applicable
law notwithstanding, neither party will request, and the arbitrators shall have
no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between SII
and Member relating to the subject matter hereof and supersedes all prior or
contemporaneous understandings, agreements, communications, and/or advertising
with respect to such subject matter. If any provision(s) of this Agreement is
held by the arbitrators to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. SII's failure to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by SII in writing.
PRIVACY POLICY
Safeguarding your privacy is our number one mission
. The Privacy Policy is your assurance that we will do just that.
Here is our commitment to you:
--We will only release your personal information to another party when you've
given us your express permission. We may use third-party ad servers or ad
networks to serve clients’ advertisements to you, in which case we will
transfer some or all of the personally identifiable information you already
provided to us to these companies. In such situations, your data will not be
saved or retained by these companies unless or until you opt-in to their
offers, but rather used only to display the most relevant ads to you and to
pre-populate inquiry forms for you.
--We follow rigorous security protocols within our company to safeguard any
personal information you share with us.
--The iPodSweepstakes.com® web servers use cookies to accurately credit your
account with the Pod Points and Sweepstakes Entries you earn. Cookies are also
used to automatically fill in your email address when you log in and to enable
you to easily navigate through the iPodSweepstakes.com® site without
re-entering your login information.
To unsubscribe from receiving emails from us, just Click
Here.
The iPodSweepstakes.com® Program and web site are owned and operated by:
ScotInteractive, Inc.
945 Clint Moore Road
Boca Raton, FL 33487
We welcome questions and comments about our Privacy Promise. If you want to
contact us, please Click Here.