Privacy & Legal

NetCreations LLC Rewards Terms and Official Sweepstakes Rules

Effective Date: Jul 3, 2024

 

 NetCreations LLC Sweepstakes Official Rules

 

  1. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

  1. NetCreations LLC allows individuals to participate in a weekly sweepstakes contest. Spins can be obtained via various methods using Build, the NetCreations LLC mobile app. Spins allow entrants to obtain one prize from the prize “wheel”. Prizes from the prize wheel are randomly selected.

 

  1. The Sweepstakes is only open to legal residents of the 50 United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age will be required. Employees and directors of NetCreations LLC and its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes are prohibited. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws.

 

  1. The sponsor of the sweepstakes is NetCreations LLC located at 111 Centrenest Ln, Wilmington DE  19807.

 

  1. The first weekly sweepstakes begins on Thursday June 29, 2023 and ends on Wednesday July 5, 2023. Each weekly sweepstakes will continue on successive weeks starting on Thursday and ending on Wednesday.

 

  1. Individuals who have been approved for the NetCreations LLC mobile app can perform various actions within the app to receive spins. These actions include but are not limited to: connecting the individual’s payroll direct deposit, making deposits, maintaining a certain average daily balance or completing promotional offers. The list of actions which result in an individual receiving a spin may vary from time to time and may be discontinued by the sponsor without notice.

 

  1. Individuals may receive one (1) spin per mailed in request by sending a handwritten single sheet of paper including their full name, full address, email and phone number to NetCreations LLC, 111 Centrenest Ln, Wilmington, DE  19807. For each completed sheet of paper, you will receive one spin. Limit of one request per envelope. You must include a self-addressed stamped envelope with your return address to receive a prize payment via check. The entry will award a spin for the next available weekly drawing after the mail in was received (not postmarked). Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant.

 

  1. Each weekly prize pool consists of $4999 (four thousand, nine hundred and ninety nine dollars). Prizes are awarded on a first in basis. The size of the remaining prize pool determines odds of winning. If the prize pool value reaches $0 then no prize is awarded regardless of odds. If a prize value exceeds the value of the remaining prize pool then the prize value will be the remaining prize pool.

 

PRIZE POOL ODDS

 

If the remaining prize pool value is greater than $1,500 (one thousand five hundred dollars) at the time of collecting the prize spin, the following odds apply:

 

Spin Again 1 : 100,000
24h Bonus 1 : 125,000
Cash $0.05 1 : 1.11
Cash $0.10 1 : 10.27
Cash $1 1 : 400
Cash $5 1 : 1,000
Cash $10 1 : 10,000
Cash $4000 1 : 500,000
Coffee bonus 1 : 100,000
Cash $0.10 1 : 50,000

If the remaining prize pool value is greater than $500 (five hundred dollars) and less than or equal to $1,500 (one thousand five hundred dollars) at the time of collecting the prize spin, the following odds apply: 

 

 

Spin Again 1 : 100,000
Cash $0.05 1 : 125,000
Cash $0.10 1 : 1.11
Cash $1 1 : 10.27
Cash $0.10 1 : 400
Cash $5 1 : 1,000
Cash $10 1 : 10,000
24h Bonus 1 : 100,000
Coffee bonus 1 : 50,000

If the remaining prize pool value is less than or equal to $500 (five hundred dollars) at the time of collecting the prize spin, the following odds apply:

 

 

Cash $0.05 1 : 1.11
Cash $0.10 1 : 10.27
Cash $1 1 : 400
Cash $10 1 : 1,000
Coffee bonus 1 : 10,000

Regardless of the remaining prize pool, on the first spin or alternate entry application of every account or individual in the current sweepstakes, the odds of winning a $0.10 cash prize are 1:1. 

Regardless of the remaining prize pool, on the second spin or alternate entry application of every account or individual in the current sweepstakes, the odds of winning a $0.05 cash prize are 1:1. 

Regardless of the remaining prize pool, on the third spin or alternate entry application of every account or individual in the current sweepstakes, the odds of winning the 24 hour bonus are 1:1. 

In the event that $4999 in prizes have already been paid then no cash prize will be awarded.

Note for individuals who apply for “no purchase necessary spins” by mail:

a. The cash equivalent value for “24h Bonus” is $1.00.

b. The cash equivalent value for “Coffee bonus” is $1.00.

 

  1. Prizes are deposited to your Build account. If you do not have a Build account, prize winnings will be mailed to you by check. You must include a self-addressed stamped envelope with your entry to receive a check by mail. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Prize will be awarded only if the potential prize winner fully complies with these Official Rules.

 

  1. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE APP SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING SELECTIONS HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY POTENTIAL WINNER NOTIFICATION THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED DEFECTIVE, IS VOID, AND WILL NOT BE HONORED.

 

  1. Potential winner will be notified via the App or using the email address / phone number provided with the entry or on file with the Sponsor. Failure by potential Sweepstakes winner to respond to the initial verification within ten (10) days of notification will result in disqualification. Potential Sweepstakes winner may be required to complete and return an Affidavit of Eligibility, provide identification, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Sweepstakes winner may be selected. In the event: (a) potential Sweepstakes winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential Sweepstakes winner notification or Affidavit is returned as undeliverable; (b) potential Sweepstakes winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential Sweepstakes winner is found to be ineligible to enter the Sweepstakes or receive the prize; (e) potential Sweepstakes winner cannot or does not comply with the Official Rules; or (f) potential Sweepstakes winner fails to fulfill the Affidavit-related obligations, the potential Sweepstakes winner shall be disqualified. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Sweepstakes winner, if any.

 

  1. Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which is binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.

 

  1. Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of their designees to use and/or publish winner’s entry, name, city and state of residence, and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

 

  1. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.

 

15. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.

 

16. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Delaware State Court located in New Castle County, Delaware; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware.

 

  1. For Sweepstakes results, send a written request to:

Winners List

NetCreations LLC

111 Centrenest Ln

Wilmington, DE  19807

Requests for the Winners List must be received within 60 days of the end of the Sweepstakes Entry Period.

 

  1. This section only applies if you are using our mobile application on an iOS device. Apple does not sponsor and is not involved in this promotion or any other NetCreations LLC promotion. You acknowledge that these Terms are between you and NetCreations LLC only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a)product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right(and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

 

  1. Your use of this website, any of our services or entry into any sweepstakes constitutes your agreement to be bound by these terms and conditions.

 

 NetCreations LLC Rewards Terms

 

  1. These terms are subject to the NetCreations LLC-Bangor Savings Bank Account Agreement which is incorporated herein by reference. Your acceptance of those terms constitutes your acceptance of these Rewards Terms. You must apply and qualify for a NetCreations LLC Build account provided by Bangor Savings Bank in order to receive any rewards benefits.

 

  1. Eligibility.


You must be at least eighteen (18) years old to use the Services. You also must be located in the United States or Puerto Rico when using the Services. By agreeing to the Terms, you represent and warrant to us:

 

(a) that you are at least eighteen years old

 

(b) that you are using the Services only when located in the United States or Puerto Rico;

 

(c) that you have not previously been suspended, removed, or deactivated from the Services;

 

(d) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

 

Any breach of these representations may result in NetCreations LLC revoking your permission to use the Services and any rights you have to the Rewards in your account may terminate.

 

  1. Modification of the Terms.

We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change at least fifteen days prior to the effective date of such change, such as by sending you an email to the email address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Terms in order to continue to use the Services. Immaterial modifications are effective immediately upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) fifteen (15) days following the change. However, modifications addressing new functions of the Services or modifications made for legal reasons will be effective immediately. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.

 

  1. User Rewards.


USER REWARDS GENERALLY.

NetCreations LLC may make available to you from time to time through the Services offers on certain third-party products and services (each an “Offer”). When you redeem an Offer through the Services, you will accumulate pending, unearned rewards in your Build account (“Rewards”). Each Offer may be subject to Additional Terms and may be discontinued by NetCreations LLC at any time without notice. At any time and in NetCreations LLC sole discretion, NetCreations LLC may: (i) limit the number of Offers you are able to select per minute; (ii) determine whether or not you are eligible to redeem an Offer; (iii) determine whether or not you have earned Rewards; or (iv) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. NetCreations LLC may, in its sole discretion, deduct from your NetCreations LLC account any Rewards that NetCreations LLC determines you have not earned or you have earned in violation of these Terms. Prior to distribution, pending unearned Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by NetCreations LLC.

REWARDS REDEMPTIONS

Once NetCreations LLC receives payment from the third party offer sponsor for each reward, your pending unearned rewards will be distributed within three business days.  There is no minimum distribution amount.  Rewards will only be distributed into your NetCreations LLC-Bangor Savings Bank checking account.  You must have an active NetCreations LLC-Bangor Savings Bank checking account to receive rewards.

AFFILIATE MERCHANT OFFERS.

Certain Offers require you to click a shopping link within the Services to be directed to an affiliated merchant’s mobile app (which may also require you to download such mobile app) or website (each an “Affiliate Merchant”), and complete a purchase to earn a Reward on your net purchase amount. Please note that the net purchase amount generally excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties.

Certain Affiliate Merchants exclude a limited number of products and purchases from Affiliate Merchant Offers. A list of exclusions is included in the Additional Terms associated with each Offer and is subject to change without notice. Additionally, to earn Rewards, you must complete your purchase during the same shopping session you start after clicking on the shopping link associated with the Offer and may be required to complete your purchase within a required amount of time. If you visit other mobile apps or websites before completing your purchase, your purchase might be associated with a service other than NetCreations LLC’s Services and you might not earn a Reward on your purchase.

TAXES

Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide NetCreations LLC with information NetCreations LLC requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by NetCreations LLC  as a result of your action or inaction in connection with the foregoing (including your failure to provide NetCreations LLC with information). You agree that NetCreations LLC is authorized to offset such tax liability from your Rewards.

SPECIFIC REWARDS TERMS

Coffee bonus: If the user is awarded the “Free Coffee Bonus”, the user must complete the first rewarded step of selected rewards offers in order to receive a $5.00 additional cash reward.

24Hour bonus: If the user is awarded the “24 hour 2x cash bonus”, the user must complete the first rewarded step of selected rewards offers to receive a double payout of that rewarded step.

A “rewarded step” is any step which includes a cash payout for completion.

If the user receives either above bonus while the current offers is active, the offer will be extended by an additional 24 hours.

 

Deposit bonus: The user may be eligible for a promotional deposit bonus. For the first deposit that a user makes, they may be eligible for a cash bonus depending on the amount of the deposit. The amount of the cash bonus may vary from time to time and will be displayed in the app at the time of deposit. In order to qualify for the cash bonus the user must maintain a minimum average daily balance of $100 for 30 days after making the deposit. The cash bonus will be deposited to the user’s account after the 30 day evaluation period.

Subsequent deposits may be eligible for “spins” on the reward wheel. The spin reward may vary with the deposit amount and will be displayed in the app at the time of deposit. Spins will be credited at the time of deposit.

 

TIMED REWARDS

Some rewards may be timed and require the user to complete certain tasks on a partner website for a specific period of time or before a certain amount of time. For rewards which require tasks to be completed in a specific amount of time, rewards will be paid as each goal is completed. Upon expiration of the timeframe, no further goals may be completed and the user is not eligible for any further rewards. For rewards which require tasks to be completed for a specific time, the user must complete all tasks in order to be eligible for the reward.

Time specific task details are provided in the app for each reward offer.

Some rewards offers may become unavailable due to reasons beyond our control, such as the sponsor of the reward cancelling the offer or otherwise modifying the reward such that the reward or one or more reward steps can no longer be offered. We will make every reasonable attempt to notify users in advance of offers being cancelled, however the user assumes the full risk of future cancellation of any offer which is in progress.

 

REFERRAL REWARDS

Users may earn referral rewards through the user of the referral feature in the app. In order to be eligible for any referral reward, the user must have an open and active Build account.

Reward terms are subject to change. The current terms of the referral program are always displayed in the app.

Users will be paid $25.00 for each person who they refer to the app who meets the referral criteria.

Users will be paid a variable amount (called “Revenue Generated” in the app) for each person referred by them who meets the referral criteria.

Each user who is referred to the app and meets the referral criteria will be credited with 10 spins of the prize wheel.

Referral criteria: Each person who is referred to the app must 1 – Complete the KYC process and open a Build account.  2 – Deposit at least $100.00.  3 – Maintain an average daily balance of $100.00 for 30 days within any 90 days of account opening. 4 – Complete at least one qualifying offer.

Variable amounts: Users will earn variable reward amounts based on a calculation of the the referred user’s activity. The calculation may vary from time to time and is subject to change after notice to the user. The current variable reward amounts are displayed in the app and the user can track their pending and earned rewards in the app. Users will generally be paid 10% of all rewards earned by users they have referred. Users may earn additional amounts for deposits maintained by users they have referred and debit card usage by users they have referred.

Payment terms: Rewards are accumulated and payable on a calendar month basis. All rewards earned in a calendar month will be paid to the user’s bank account on the 15th day of the following month. The user must have an open and active Build account in order to receive rewards payments.

 

  1. Consent to Electronic Communications and SMS.

 

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We may also communicate with you via SMS. By providing us with your contact information, you agree that we may contact you at the address, email, phone number, or other contact information provided.

 

 

 

  1. Termination of Use; Discontinuation and Modification of the Services.

 

If you  violate any of the Terms, you agree that your permission to use the Rewards Services will automatically terminate and any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Rewards Services: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of NetCreations LLC or any third party; or (ii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to you. WE WILL HAVE NO LIABILITY WHATSOEVER ON ACCOUNT OF ANY CHANGE TO THE SERVICES OR ANY SUSPENSION OR REVOCATION OF YOUR ACCESS TO OR USE OF THE SERVICES, PROVIDED THAT IF WE TERMINATE YOUR ACCESS TO THE SERVICES OTHER THAN FOR YOUR BREACH OF THESE TERMS, YOU MAY BE ENTITLED TO HAVE YOUR REWARDS DISTRIBUTED, AS DESCRIBED IN THE TERMS. You may terminate your account at any time by selecting the close account function from the mobile app.

 

  1. Effect of Termination

 

Upon termination of these Terms: (a) in accordance with the applicable End User License Agreement, your license rights will terminate and you must immediately cease use of the Services; (b) you will no longer be authorized to access your Rewards Services and (c) you forfeit any pending or under verification rewards payable.

 

  1. Ownership; Proprietary Rights

 

The Services are owned and operated by NetCreations LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by NetCreations LLC (the “Materials”) are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Services, all Materials contained in the Services are the property of NetCreations LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to NetCreations LLC  or its affiliates and/or third-party licensors. Except as expressly authorized by NetCreations LLC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. NetCreations LLC reserves all rights to the Materials not expressly granted in the Terms.

 

 

 

  1. Indemnity

 

To the fullest extent permitted bylaw, you are responsible for your use of the Services, and you agree to defend, indemnify and hold harmless NetCreations LLC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “NetCreations LLC Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Services; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

  1. Disclaimers; No Warranties

 

THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NETCREATIONS LLC ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NETCREATIONS LLC DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT NETCREATIONS LLC  IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

 

  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE NETCREATIONS LLC ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NETCREATIONS LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANYTHING ASSOCIATED WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE SERVICES, INCLUDING THE AVAILABILITY OF A COUPON, REBATE OR OTHER TYPE OF DISCOUNT OR REWARD, OR (iii) THE CONDUCT OF THIRD PARTIES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NETCREATIONS LLC ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE NETCREATIONS LLC ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NETCREATIONS LLC ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO NETCREATIONS LLC FOR ACCESS TO AND USE OF THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (ii) $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NETCREATIONS LLC AND YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Dispute Resolution

 

NO CLASS ACTIONS.

TO THE EXTENT PERMITTED BY LAW, YOU AND NETCREATIONS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

GOVERNING LAW; VENUE.

These Terms shall be governed by the laws of the State of Delaware as they apply to agreements entered into and to be performed entirely within Delaware by Delaware residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and NetCreations LLC agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wilmington, DE for the purpose of litigating all such claims or disputes. The Services are intended for users located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States.

 

  1. General

 

The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and NetCreations LLC regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach of the Terms constitute a waiver of any subsequent breach or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of any provision. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

 

  1. Notice to California Residents.

 

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

 

  1. Notice Regarding Apple.

 

This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and NetCreations LLC only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a)product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right(and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.