Terms

Acceptance of Terms

By using and accessing Sweepstank.com ("Site","Sweepstank"), you agree to these Terms of Service.

At any time, we may choose to update these Terms of Service by posting an update to this page. We encourage you to frequently check these TOS as your continued use of any of Sweepstank's services will mean you accept those changes, whether you've read them or not. In addition, you and Sweepstank shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.

Description of Service

Sweepstank is an internet application and website that allows blog users, website owners/admin ("Webmasters") to run web site contests, web site promotions, web site polls, by customizing and embedding an entry form where they'd like have individuals ("Entrants") enter the contests. Sweepstank provides the tools that allows the webmasters to moderate, verify, and choose a winner for their promotions, contests or polls.

You understand and agree that the Service may include communications from Sweepstank, such as administrative messages and service announcements. These communications are considered part of the Sweepstank membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Sweepstank properties, shall be subject to the Terms of Service. You also understand and agree that the Service is provided "AS-IS" and that Sweepstank assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Privacy Policy

By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with our Privacy Policy.

Webmaster Violations

We hope that all Webmasters use Sweepstank in a safe and ethical manner. As a condition to your use of the Sweepstank Site, you shall not:

  • use the Sweepstank Site to run a promotion and manipulate Entrants into entering your promotion without the intention of giving out a prize
  • use email addresses collected by Sweepstank maliciously or violate the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them
  • use the Sweepstank Site for any illegal or unauthorized purpose. You must not, in the use of the Sweepstank Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services
  • collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sweepstank Site
  • upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • upload, post, email, transmit or otherwise make available any material that contains software 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
  • use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the Sweepstank Site
  • reproduce, duplicate or copy or exploit any other portion of the Sweepstank Site, without the express written permission of Sweepstank;
  • interfere with or disrupt the Sweepstank Site, or any servers or networks connected to the Sweepstank Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Sweepstank Site
  • modify, adapt or hack the Sweepstank Site or falsely imply that some other site is associated with Sweepstank Site

Pricing, Billing, Cancellation, & Refunds

Certain aspects of the Sweepstank Service may be provided for a fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms below. Sweepstank may add new services for additional fees, or amend fees and charges for existing services, at any time in its sole discretion. Any pricing changes or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.

In Sweepstank you have a virtual wallet. It can be filled by different ways - PayPal payment, promo codes, credit card transactions (PayPal), etc. You can add unlimited funds to your wallet, which is used by Sweepstank to charge you according to the plan you have selected. Each 1st day of month you will be charged for the real period you have used our services during the previous month, according to the plan under which you have had most campaigns runtime. You will be charged only if you at least 1 hour total runtime of your campaigns for the billing period.

For example, if you have registered on Sept 15 and you have upgraded your plan to Blog, and you have a campaign that has been active more than 1 hour during these 15 days, on Oct 1 we will withdraw half of the monthly fee for this plan. If in October you have more than 1 hour total of active campaigns, on Nov 1 you will be charged the full monthly fee for this plan and so on.

If during the billing period you change your plan multiple times (upgrade or downgrade) and you have more than 1 hour total campaigns runtime for this period, you will be charged the fee of the plan with which you have the biggest total runtime of campaigns.

We will never auto-charge you. You will add funds to your Wallet with single one-time transactions whenever you decide to do so. We will be sending you email alerts if we notice that you're running out of funds. It's up to you to add more funds in your Wallet. Note, that any active campaigns will be auto stopped, if you run out of funds.

Sweepstank may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least two weeks (14 days) advance notice of these changes by email.

By using the Site you agree to our Refunds Policy.

Downgrading your Sweepstank paid plan may cause the loss of content, features, or capacity of your account. Sweepstank does not accept any liability for such loss.

Questions regarding pricing and billing may be directed to info *at* sweepstank.com.

Sweepstank Web Site Contests, Promotions, Giveaways & Polls

Webmasters distribute web site contests, promotions, giveaways & polls offered on the Site and Entrants may enter such promotions and giveaways. As an Entrant, you acknowledge that Webmasters are responsible for web site contests, promotions, giveaways & polls distributed through the site and for ensuring that such promotions and media comply with all applicable laws, rules, and regulations. If you enter a promotion powered by Sweepstank, we recommend you carefully review the Official Rules including any applicable privacy policy, these Terms, and any additional information or links provided in the Official Rules.

You acknowledge Sweepstank is not responsible or liable for the failure of any Webmaster (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any web site contest, promotion, giveaway or poll.

Sweepstank does not sponsor, administer or endorse the content of any web site contest, promotion, giveaway or poll distributed through the site unless otherwise stated and is therefore not liable.

Webmasters may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Sweepstank may use any information you provide consistent with Sweepstank and these Terms of Service.

You acknowledge and agree that Sweepstank is not responsible or liable for Webmasters' use or distribution of information you provide. Please see each Webmaster's promotion rules and privacy policy for details on how they use your personal information.

If you are a Webmaster of a web site contest, promotion, giveaway or poll, you acknowledge and agree that Sweepstank merely facilitates the distribution of web site contests, promotions, giveaways or polls and understand that the Site provides no safeguards ensuring that your promotions and media comply with any law, rule, regulation or policy. You also acknowledge and agree that you are responsible for ensuring that your promotion or media complies with any applicable law, rule, or regulation and agree to comply with all statements and promises made to Entrants (except to the extent such statements and promises violate the law).

Copyright Infringement

If you believe that material located on or linked to by Sweepstank violates your copyright, you are encouraged to notify us. Sweepstank will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sweepstank will terminate a visitor's access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sweepstank or others. In the case of such termination, Sweepstank will have no obligation to provide a refund of any amounts previously paid to Sweepstank.

Third-Party Sites

The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Sweepstank.

Modification of Agreement

As stated earlier, Sweepstank reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service. Your continued use of the Site after such modifications to this agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

Termination of Use

Sweepstank may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Sweepstank account (if you have one), you may simply discontinue using the Site. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

IN NO EVENT WILL SWEEPSTANK, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO SWEEPSTANK UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. SWEEPSTANK SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Warranty Disclaimer

THE SITE IS PROVIDED "AS-IS". SWEEPSTANK AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SWEEPSTANK NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE SWEEPSTANK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, SWEEPSTANK DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You further agree to indemnify, defend and hold harmless Sweepstank and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the Site.

Contact

If you have any questions regarding these Terms of Service please contact us by email at info *at* sweepstank.com

Last Update

This agreement was last updated on February 2nd, 2015.