NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Sweepstakes (the "Promotion") is open only to those who sign up at the online sweepstakes page located at http://www.Shestakes.com and who are at least 18 years old at the time of entry. The Promotion is open to the legal residents of the US including the District of Columbia, Canada, Australia,South Africa, and New Zealand. The Promotion is sponsored by Shestakes.com and Globalizer, LLC. (the "Company”, “Companies”, “we”, “us”, “Shestakes” or “Sponsor"). Employees of the Sponsor their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable local laws and regulations and is otherwise void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Shestakes.com as final and binding as it relates to the content. The Promotion is subject to all applicable federal, state and local laws and otherwise prohibitive by law.
3. Promotion Period: Entries will be accepted online starting on or about Oct 18, 2019at 12:00 AM and ending Dec 17, 2019 at 11:59PM. All online entries must be received by Dec 17, 2019 at 11:59PM. All times are (GMT-05:00) Eastern Time (US & Canada).
4. How to Enter: The Promotion must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all Promotion requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Shestakes. You may enter up to five (5) times per day and you must fill in the information requested. Any entries submitted by the same individual in excess of the aforementioned limit in any manner including, but not limited to, the use of multiple e-mail addresses, identities or devices in an attempt to circumvent the rules will be discarded and Shestakes reserves the right to reject all entries submitted said individual. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Shestakes.com.
5. Winner selection and notification: Within ten (10) business days of the conclusion of the Promotion Period, one (1) winner (“Winner”) will be selected in a random drawing under the supervision of the Sponsor from among all eligible entries received during the Promotion Period. Winners will be notified via e-mail to the e-mail address they entered the Promotion with within five (5) days following the winner selection (“Winner Notification”). Shestakes shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and at Sponsor’s sole discretion an alternate winner may be selected. The receipt by winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Prize Description: The value of the prize is one hundred dollars and zero cents ( $100.00). The prize Winner will receive one hundred dollars and zero cents ( $100.00) by check or other form chosen by Sponsor in its sole discretion within thirty (30) days of their response to the Winner Notification.You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Shestakes.com to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. Odds: The odds of winning depend on the number of eligible entries received during the Promotion Period.
8. Rights Granted by you: By entering this content you understand that Shestakes.com, anyone acting on behalf of Shestakes.com, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Shestakes reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Promotion should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Shestakes may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Shestakes. Shestakes reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Terms & Conditions.
Shestakes has the right, in its sole discretion, to judge the integrity of the Promotion, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Promotion rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, Shestakes.com reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Promotion, you agree to receive email newsletters periodically from Shestakes. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter or sending email to Shestakes@globalizer.com with the subject line “UNSUBSCRIBE”.
10. Limitation of Liability: By entering you agree to release and hold harmless Shestakes and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF USA AND NY, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in NY having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
13. Winners List: For the names of the winners, please contact us at Shestakes@globalizer.com and in the body of the email type 'Please e-mail me the winners' list for the Shestakes.com Promotion or writing to us at Globalizer, LLC. c/o Shestakes, 100 Duffy Avenue, Suite 510, Hicksville, NY 11801
Last Updated: September 30, 2019
We firmly believe that both our Members and our clients benefit because we market only to people who have given us express permission to do so.
While the word "privacy" may mean different things to different people, we believe that once you understand how we use your information, the steps we take to protect it, and the resulting benefit to you, you will not only feel confident when sharing information with us, but will also find your participation in the Program a most rewarding experience.
Your Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please email us at Shestakes@globalizer.com with the subject line “Privacy” or send a correspondence to:Shestakes Member Services (Privacy), 100 Duffy Ave, Suite 510, Hicksville, NY 11801.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please contact us by emailing us at Shestakes@globalizer.com or by postal mail at: Shestakes Member Services (Privacy), 100 Duffy Ave, Suite 510, Hicksville, NY 11801. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
If You are a resident of the State of Nevada, while we feel it important to note that we do not sell or rent your data to third parties, please note that if you would still like to notify us of your intent to opt-out from the sale of Your personal information to any third party data broker, please e-mail us at: memberservices@Shestakes.com or send U.S. mail to: Sharestakes, LLC c/o Shestakes, 100 Duffy Ave, Suite 510, Hicksville, NY 11801.
1. Collection of Information
Shestakes collects both personal and non-personal information using the methods listed below. Our primary purpose in collecting such information is to provide you with a personalized experience by displaying content and delivering offers that are likely to be of interest to you according to your preferences.
2. Automatic Information and Cookies Collected though Participation in the Shestakes Program
When you sign in to the Site, the server automatically recognizes you by your “cookies,” which are small text files that are placed on your computer by the Site upon arrival. The cookies that we use are “analytical” in nature, in that they act as unique identifiers and are linked to your personal information, allowing us to access your personal information and personalize the Site and Program to your specified interests. The cookies also allow us to keep track of your activity on the Site, properly credit entries to your account and help ensure that only you can access your account. The information collected by the cookies may be added to your personal profile and used to deliver offers and advertisements that are relevant to your interests.
The Program makes active use of third-party companies to display advertisements on the Site or in Shestakes email. Many of Shestakes’s third-party advertisers, shopping affiliates and merchants utilize “analytical” cookies, similar to Shestakes’s described above, to identify you as a Member of Shestakes. This enables the cookies to report transactions back to us so we are able to properly credit activity generated on the Site. Third-party cookies are also used to count unique page views, email responses and future transaction activity corresponding to specific offers. For these reasons, full participation in the Program is dependent upon you setting your browser configuration to accept third-party cookies.
Shestakes will also capture and store your transaction details, which may include the items and quantities purchased, purchase price, date and time of purchase. This information is used to credit your account balance in the event of returns and exchanges. This information is used by the Member Services department while assisting you in resolving account inquiries. We may also use your transaction information to provide you more timely relevant offers, products and services.
This information, sometimes called log-file or clickstream data, is used to monitor Site performance and analyze traffic patterns and usage to ensure the Program functions properly. It may also be appended to your personal profile so that we may further tailor the Program to your interests.
Behavioral Marketing/Do-Not-Track: Without limiting the foregoing, we allow third-party companies to collect certain information when you visit the Site. These companies may utilize cookies, pixels or other technologies to collect and use both personally identifiable information (e.g., your name, phone number, physical or electronic address, etc.) and non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.) during your visits to the Site, as well as when you visit other websites, in order to provide advertisements about goods and services likely to be of greater interest to you. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.
Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To learn more about this behavioral advertising practice, as well as to learn about other options for opting-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and/or Networking Advertising Initiative at www.networkadvertising.org/choices.
3. Information Collected at Registration
In order to take advantage of the offers available at Shestakes, you must register for our service and become a Member. We collect personal information when you register with us and when you use the Shestakes services. We may combine information about you that we have with information we obtain from business partners or companies. During registration, we require members to give us basic contact information (such as your first name, last name and e-mail address) and demographic information (such as your zip code, age and gender). The registration form information requests may change from time to time. Although additional demographic information may be requested at the time of registration, only information marked "required" is necessary for registration and utilization of our services.
In order to take advantage of the offers available at Shestakes, you must register for our service and become a Member. We collect personal information when you register with us and when you use the Shestakes services. We may combine information about you that we have with information we obtain from business partners or companies. During registration, we require members to give us basic contact information (such as your first name, last name, e-mail address and mobile telephone number) and demographic information (such as your zip code, age and gender). The registration form information requests may change from time to time. Although additional demographic information may be requested at the time of registration, only information marked "required" is necessary for registration and utilization of our services.
4. Information Collected Via Online Surveys, Sweepstakes and Other Promotions
We may also provide you with the opportunity to participate in contests, sweepstakes or surveys, from time to time. If you choose to participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice as to whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as gender and zip code).
We use this information to notify contest winners and award prizes. We may also use the information gathered to better personalize your Program experience.
5. Information Collected at Enrollment for a Paid or Other Enhanced Product or Service
If you choose to enroll for any paid or other enhanced product or service beyond a basic registration as described in Section 2 above, you may be required to provide us with certain contact information, such as your name, e-mail address and billing address. We may also require other information necessary to access the paid or other enhanced product or service or process any applicable payment, such as a credit card or debit card number and expiration date. We may use the information you provide us to bill you for products and services you request, or to notify you of additional products and services we may offer. When you sign up for a paid or other enhanced product or service on the Site, you are consenting to our delivery of this information to our service providers, which may include banks and credit card companies that we use to process a transaction or other third parties who may provide all or a portion of the underlying product or service on our behalf.
6. Use and Disclosure of Personal Information
As long as you remain a Shestakes Member, opting not to receive email does not exempt you from receiving administrative emails, which include, but are not limited to, notices about vital Program and membership status changes or alterations to our Terms of Service.
We may, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you or your account as may be required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Service, or activity that appears to us to be illegal or may expose us to legal liability.
7. Member Communications, Email, SMS Text Messaging and Opting Out
Shestakes employs a strict policy against sending unsolicited email. Because email is an integral part of the Program, you automatically sign up to receive email from Shestakes including Shestakes offers, as well as third party offers, that Shestakes thinks may be of interest to you. If you later decide you wish to cease participation in this portion of the Program, you may do so at any time by clicking on the opt-out links contained within each Shestakes email or by sending an email to: Shestakes@globalizer.com with the subject line “Unsubscribe”. In addition, Shestakes employs a strict policy against sending unsolicited SMS text messages. Because SMS text messages can be an integral part of the Program, subject to obtaining your “prior express written consent” as set forth in Section 6 above, Shestakes may contact you with periodic SMS text messages related to the Program and other Shestakes products and/or services. If you decide you wish to cease participation in this portion of the Program, you may do so at any time by replying with the word “STOP” in response to one of the SMS text messages that you receive from Shestakes, or sending an email to: Shestakes@globalizer.com with the subject line “Stop”.
Our Member Services Department may contact you in response to your inquiries, to provide services at your request and to manage your account. We will communicate with you by email or telephone in accordance with your wishes (collectively, “Shestakes Administrative Contact”).
To opt-out of receiving Shestakes Related Email and Shestakes Administrative Contact from Shestakes, you must cease membership, use of the Program and submitting inquiries to Shestakes, as applicable.
8.Shestakes Advertisers and Third Party Websites
Except as specifically set forth below, it is our policy not to provide your personally identifiable information to our advertisers unless you make the choice to share it with them. We occasionally pass personally identifiable information (other than sensitive financial information) via a secure interface to certain of our advertisers for the purpose of making it easier for you to sign up for their offers. However, this information is only to be used by the advertiser if you agree to submit the information to the advertiser for the purposes of completing an offer.
We occasionally use third parties to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions or performing statistical analysis of our services. We will only provide these third parties the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
Our users may submit testimonials about Shestakes on our Site. In such cases, it is the user's choice as to whether their personally identifiable information is posted along with the testimonial. In addition, Shestakes has forums available to its users that allow them to post opinions or testimonials about third-party products and services. You should be aware that any personally identifiable information that you submit through these forums can be read, collected or used by other users of these forums, which they could then use to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit in these forums.
If you elect to use any of our referral services for informing friends about our Site, you will be asked to provide your friends' names and e-mail addresses. You may enter this information manually, or you can also choose to import your contacts from your email address book, in which case you will be asked to provide us with your email address and password, which will be used solely for the purpose of importing your contacts to our referral service. We will then automatically send your friends a one-time e-mail, plus a reminder email (both of which may include your name and email address) inviting them to visit our Site. We ask for this information for the sole purpose of sending these emails and tracking the success of our referral program.
11. Deleting, Modifying and/or Updating Your Information
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove, update and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us at Shestakes@globalizer.com ; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
12. Data Verification and Supplementation
Data verification involves the use of third-party data processing services to standardize and clean your provided enrollment information so that it is easily identified and accessed in our database. Data supplementation involves appending any publicly available information about you to your personal profile.
In order to provide you with the most rewarding experience, we might send your information to data processors so that they can clean your address and standardize to ensure it is most accurate and up-to-date. Next, we might seek out any information about you that is publicly available on the open market and overlay this data onto ours for comparison purposes. Information collected in this manner could include your spending habits from a mail-order catalogue, demographic information you provided in entering a sweepstakes or your financial history. All of this results in a program that is tailored to your personal interests and provides you with the most relevant reward-earning opportunities.
We use this information solely for the purpose of enhancing the offerings of the Program, namely to tailor advertisements, updates and reward-earning and spending offers to your particular interests. All such third-party data processors are contractually bound to observe the strict policy stated herein, so you can rest assured that the confidentiality of your personal information will be maintained.
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter sensitive information (such as credit card information), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site or otherwise via the Internet or wireless network is at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
15. Mergers; Business Transitions
In the event Shestakes goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred, unless such a transfer will violate state or federal law.
16. Contact Us
Shestakes Terms and Conditions
Thank you for visiting the Shestakes website located at shestakes.com (the "Website"). The Website is an Internet property of Globalizer, LLC (the "Company," "we" or "us"). By and through the Website, end-users may register to become Shestakes members ("Members," each with a "Membership") which enables end-users to read articles related to personal finance and enter into contests and promotions offered on the Website from time to time ("Promotions"). Please be advised that the Website may feature and display certain third party advertising messages throughout various Promotions ("Third Party Ads").
Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website Offerings shall be subject to the Agreement. You understand and agree that the Company and Website shall not be liable to you or any third party for any modification, suspension or discontinuation of any Website Offerings, product, service or promotion offered by the Company. You understand and agree that refusal to use the Website Offerings is your sole right and remedy with respect to any dispute with Company.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and Company with respect to the Website Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. By your continued use of any of the Website Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Website for updates and/or changes.
2. Requirements. The Website Offerings are available only to individuals who are legal residents of the fifty (50) United States including the District of Columbia, Australia, New Zealand, South Africa and Canada (collectively, the “Authorized Territory”) and who can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age. If you are under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, and/or not a legal resident of the Authorized Territory, you do not have permission to use and/or access the Website Offerings.
3. Cancellation of Membership. You may cancel your Membership at any time by e-mailing us at Shestakes@globalizer.com . You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Company.
In order to register as a Member and/or enter a Promotion, you must first
fully complete the applicable registration form (“Application”) located at
the Website. Depending on which Website Offering you are attempting to
access, the information that you must supply on the Application may include
some or all of the following: (a) full name and title; (b) mailing address;
(c) e-mail address; and (d) any other information requested on the
Application (collectively, "Registration Data").
If your Application is approved, you will set up your Membership account ("Account") and promptly send a confirmation e-mail to the e-mail address that you provided at the time of registration. You are responsible for maintaining the confidentiality of your Account, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account.
Each individual person may only submit one (1) Application and if approved, have one Membership Account. Any attempt by an individual to exceed this strict one (1) Account limit will be treated as a violation of the Shestakes Terms and Conditions, regardless of the point in time that the violation is identified, and Company reserves the right to rescind any and all benefits of Membership, including any potential prizes won.
5. Rejection/Termination. Company may reject your Application and/or terminate your Membership and Account at any time and for any reason, in our sole discretion. Such reasons may include, without limitation, where Cpmpany believes that you are in any way in breach of the Agreement.
6. Description of Membership. Upon registration as a Member, if your Application is approved, you will be granted access to the Promotions.
7. Description of Promotions.
From time-to-time, the Website offers Members and, if applicable,
non-Member end-users the opportunity to qualify for promotional prizes and
other awards via Promotions. By providing true and accurate information in
connection with the applicable Promotion Application and agreeing to the
Official Contest Rules applicable to each Promotion, you can attempt to
obtain the promotional prizes and other awards offered through each
Promotion. Please be advised that the Website may feature and display
certain Third Party Ads throughout various Promotions.
To enter into the Promotions featured on the Website, you must first fully complete the applicable entry form. You do not need to purchase any products and/or services in order to enter any Promotion. Purchasing products and/or services in no way increases your chances of winning any prizes offered in connection with the Promotions.
YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO QUALIFY FOR THE PROMOTIONS, OR FOR ANY CLAIM IN CONNECTION WITH ANY PROMOTIONS. YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUATION OF ANY PROMOTION.
8. License Grant. As a Website-user and/or Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the Website Offerings and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Website Offerings on one computer for your own personal, non-commercial use. Other than as expressly authorized, no part of the Website Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect content or other information from the Website. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website Offerings, content or any portion thereof. Website reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website Offerings. Your right to use the Website Offerings is not transferable.
9. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website Offerings is strictly prohibited. You do not acquire ownership rights in or to the Website Offerings or any content, document, software, services or other materials viewed at or through the Website or otherwise by and through the Website Offerings. The posting of information or material on the Website or otherwise by and through the Website Offerings by Company does not constitute a waiver of any right in or to such information and/or materials.
10. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website or otherwise by and through the Website Offerings.
11. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Member or Website-user; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of the Company, its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. Disclaimer of Warranties. THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THAT THE PROMOTIONS WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSOTE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSOTE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER WEBSITE OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSOTE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE PROMOTIONS; (E) ANY POTENTIAL PRIZE AWARD NOTIFICATION DISPLAYED, DISTRIBUTED AND/OR OTHERWISE DELIVERED TO YOU IN ERROR IN CONNECTION WITH ANY PROMOTION, ANY PROSPECTIVE PROMOTION, OR OTHERWISE UNDER ANY CIRCUMSTANCES; AND (F) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE ABILITY TO USE THE WEBSITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
14. Third Party Websites. The Website and/or Website Offerings may provide links to and/or refer you to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
16. Legal Warning. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure. Any attempt by any individual, whether or not a Website Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Website Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
17. Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in
New York, New York and shall be governed by and construed in accordance
with the laws of the State of New York (without regard to conflict of law
principles). Should a dispute arise concerning the Website Offerings, the
terms and conditions of the Agreement or the breach of same by any party
hereto: (a) the parties agree to submit their dispute for resolution before
a reputable arbitration organization; and (b) you agree to first commence a
formal dispute proceeding by completing and submitting an Initial Dispute
Notice which can be found at
. We may choose to provide you with a final written settlement offer after
receiving your Initial Dispute Notice ("Final Settlement Offer"). If we
provide you with a Final Settlement Offer and you do not accept it, or we
cannot otherwise satisfactorily resolve your dispute, you can submit your
dispute for resolution by arbitration before a reputable arbitration
organization as mutually agreed upon by the parties, in your county of
residence, by filing a separate Demand for Arbitration, which is also
available on the Website at
. for claims of five thousand dollars ($5,000.00) or less, you can choose
whether the arbitration proceeds in person, by telephone or based only on
submissions. if the arbitrator awards you relief that is greater than our
final settlement offer, then we will pay all filing, administration and
arbitrator fees associated with the arbitration and, if you retained an
attorney to represent you 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. any award
rendered shall be final and conclusive to the parties and a judgment
thereon may be entered in any court of competent jurisdiction. nothing
contained herein shall be construed to preclude any party from (i) seeking
injunctive relief in order to protect its rights pending an outcome in
arbitration; and />or (ii) pursuing the matter in small claims court
rather than arbitration. Although we may have a right to an award of
attorneys' fees and expenses if we prevail in arbitration, we will not seek
such an award from you unless the arbitrator determines that your claim was
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 Company and/or its 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 the suit. You agree to pay the attorney's fees and court costs that the Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) 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 access the Website.
18. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Website Offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Official Contest Rules, insofar as any applicable Promotion is concerned, the Official Contest Rules shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
19. Contact Us. If you have any questions regarding the Agreement, the Website Offerings or would like more information from us, please contact us by calling customer service at: 516-350-8358; email us at: shestakes.com or send us mail to: Shestakes.com, 100 Duffy Ave, Suite 510, Hicksville, NY 11801.