InsomniaSweeps™ Website Terms and Conditions
Thank you for visiting the Insomniasweeps™ website located at www.Insomniasweeps.com (the "Website"). The Website is an Internet property of Taptastic, LLC and Insomniasweeps.com ("Insomniasweeps™," "we," “our” or "us"). By and through the Website, end-users may register to become Insomniasweeps™ members ("Members," each with a "Membership") which enables end-users to enter into contests and promotions offered on the Website from time to time ("Promotions”), and opt-in to receive SMS text message alerts regarding existing and upcoming Promotions (“Insomniasweeps™ Alerts”). Please be advised that Insomniasweeps™ may feature and display certain third party advertising messages in between 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 Insomniasweeps™ Offerings shall be subject to the Agreement. You understand and agree that Insomniasweeps™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any Insomniasweeps™ Offerings, product, service or promotion offered by Insomniasweeps™. You understand and agree that refusal to use the Insomniasweeps™ Offerings is your sole right and remedy with respect to any dispute with Insomniasweeps™.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST Insomniasweeps™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES AND THIRD-PARTY MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and Insomniasweeps™ with respect to your use of the Insomniasweeps™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and Insomniasweeps™ with respect to the Insomniasweeps™ 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 Insomniasweeps™ 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 Insomniasweeps™ Offerings are available only to individuals who are legal residents of the United States, Canada, Australia, New Zealand, and South Africa (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 Insomniasweeps™ Offerings.
3. Cancellation of Membership. You may cancel your Membership at any time by e-mailing us at: [email protected] . You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Insomniasweeps™.
4. Registration. In order to register as a Member and/or enter a Promotion, you must first fully complete the applicable registration form located at the Website ("Application"). Depending on which Insomniasweeps™ 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; (d) telephone number; (e) password; and (f) any other information requested on the Application (collectively, "Registration Data").
If Insomniasweeps™ approves your Application, Insomniasweeps™ 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, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password.
Each individual person (“Person”) shall be permitted one (1) Insomniasweeps™ Account. Any attempt by the same Person to create more than one (1) Insomniasweeps Account may result in the cancellation of each of that Person’s existing and any future Insomniasweeps Accounts and the forfeiture of all Prize eligibility and any Prizes not yet delivered to that Person.
5. Rejection/Termination. Insomniasweeps™ 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 Insomniasweeps™ believes that you are in any way in breach of the Agreement.
6. Description of Membership. Upon registration as a Member, if Insomniasweeps™ approves your Application, 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 Insomniasweeps™ may feature and display certain Third Party Ads in between 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 or interact specifically with any Third Party Ads in order to enter any Promotion. Purchasing products and/or services or interacting with any Third Party Ads in no way increases your chances of winning any prizes offered in connection with the Promotions.
YOU UNDERSTAND AND AGREE THAT Insomniasweeps™ 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 Insomniasweeps™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUATION OF ANY PROMOTION.
8. Insomniasweeps™ Alerts. Members may request to participate in the Insomniasweeps™ Alerts program, whereby such Members may receive up to a maximum of seven (7) text messages per week from Insomniasweeps™ promoting existing and prospective Promotions. We may send you Insomniasweeps™ Alert text messages from some or all of the following short codes/numbers: SZILLA. Supporting carriers include [AT&T®, Sprint®, Verizon®, Carolina West®, Nextel®, Celicom®, Virgin Mobile®, C Spire®, Boost®, Cincinnati Bell®, Metro PCS®, T-Mobile®, Cricket®, U.S. Cellular® and other wireless carriers.
Members may opt out of receiving text messages by replying "STOP," "END" or "QUIT" to any SMS message that they receive. No other words or combination of words will achieve a successful opt out result. Consumers may also reply with "HELP"; email us at: [email protected]; or call us at: (201) 371-7202 for support. Standard Messaging, Data and Wireless Access Fees may apply. You are fully responsible for all such charges and Insomniasweeps™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, mobile telephone number, applicable software, applicable hardware and/or other equipment necessary to access the Insomniasweeps™ Alerts program. Insomniasweeps™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Insomniasweeps™ does not guarantee that the Insomniasweeps™ Alerts program can be accessed: (a) on all mobile devices; (b) through all wireless service plans; and/or (c) in all geographical areas.
AT&T®, Sprint®, Verizon®, Carolina West®, Nextel®, Celicom®, Virgin Mobile®, C Spire®, Boost®, Cincinnati Bell®, Metro PCS®, T-Mobile®, Cricket® and U.S. Cellular® are registered trademarks of the respective carriers (collectively, the “Carriers”). Please be advised that Insomniasweeps™ is not in any way affiliated with any Carrier, and the Insomniasweeps™ Offerings are not endorsed, administered or sponsored by any of the foregoing Carriers. The Carriers shall not be liable for any delayed or undelivered messages.
9. 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 Insomniasweeps™ Offerings and associated content in accordance with the Agreement. Insomniasweeps™ may terminate this license at any time for any reason. You may use the Insomniasweeps™ Offerings on one computer for your own personal, non-commercial use. Other than as expressly authorized, no part of the Insomniasweeps™ 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 Insomniasweeps™ Offerings, content or any portion thereof. Insomniasweeps™ 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 Insomniasweeps™ Offerings. Your right to use the Insomniasweeps™ Offerings is not transferable.
10. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Insomniasweeps™ 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 Insomniasweeps™ Offerings is strictly prohibited. You do not acquire ownership rights in or to the Insomniasweeps™ Offerings or any content, document, software, services or other materials viewed at or through the Website or otherwise by and through the Insomniasweeps™ Offerings. The posting of information or material on the Website or otherwise by and through the Insomniasweeps™ Offerings by Insomniasweeps™ does not constitute a waiver of any right in or to such information and/or materials.
11. 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 Insomniasweeps™ Offerings.
12. Indemnification. You agree to indemnify and hold Insomniasweeps™, 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 Insomniasweeps™ 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 Insomniasweeps™, 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.
13. Disclaimer of Warranties. THE Insomniasweeps™ 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, Insomniasweeps™ MAKES NO WARRANTY THAT: (A) THE Insomniasweeps™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE Insomniasweeps™ 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; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Insomniasweeps™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE Insomniasweeps™ 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 Insomniasweeps™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Insomniasweeps™, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER Insomniasweeps™ OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Insomniasweeps™ 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 Insomniasweeps™ 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 Insomniasweeps™ 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; AND (D) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE Insomniasweeps™ 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 Insomniasweeps™ 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 Insomniasweeps™ 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 Insomniasweeps™. THE ABILITY TO USE THE Insomniasweeps™ 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.
15. Third Party Websites. The Website and/or Insomniasweeps™ Offerings may provide links to and/or refer you to other Internet websites and/or resources. Because Insomniasweeps™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Insomniasweeps™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Insomniasweeps™ 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.
17. Legal Warning. You may not take any action that imposes an unreasonable or disproportionately large load on Insomniasweeps™ infrastructure. Any attempt by any individual, whether or not a Insomniasweeps™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Insomniasweeps™ Offerings is a violation of criminal and civil law and Insomniasweeps™ 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.
18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Fort Lee, New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against Insomniasweeps™ or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and Insomniasweeps™ and/or any Covered Party including, without limitation, with respect to any matter concerning the Insomniasweeps™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) you agree to submit your dispute for resolution before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association (the “AAA”); and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found at https://www.insomniasweeps.com/insomniasweeps-docs. 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 the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is also available at: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf . For claims 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. 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. 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 frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit and/or class arbitration as to any claim, dispute or controversy that you may have against any Covered Entity and/or Insomniasweeps™ (including its employees, officers, directors, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Insomniasweeps™ and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits and/or class arbitrations: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) 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.
19. 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 Insomniasweeps™ 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.
20. Contact Us. If you have any questions regarding the Agreement, the Insomniasweeps™ Offerings or would like more information from us, please contact us by calling customer service at: (201) 371-7202; email us at: [email protected] or send us mail to: Taptastic, LLC c/o Insomniasweeps, 96 Linwood Plaza, #120, Fort Lee, NJ 07024-3701.