DailyWin Terms of Use,  Effective (01/29/17)

 

Welcome to DailyWin, we our glad you have taken the time to read our Terms of Use. We are a sweepstakes style rewards program for smart phones and other mobile devices that allow our users to play our electronic scratch cards, for the unique opportunity to win our cash prizes, along with many other ways of earning our points! (the “Service”). The Service, along with our website at www.dailywinapp.com (the “Site” and, together, with the Service, our “Services“) is owned and operated by DailyWin. These Terms of Use, (“Terms“) govern your use of and access to our Services and your participation in our program. NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED AND WHERE ANY REGISTRATION OR BONDING REQUIRED. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

1. By installing any app or creating a DailyWin account or Logging In, you acknowledge and agree to DailyWin’s Terms of Use.

 

2. Members are not permitted to attempt “gaming” or “hacking” the DailyWin program in any way.

 

3. Members will not, under any circumstances, encourage other members or any other persons to hack or game the DailyWin program including via online blogs, forums, groups, etc.

 

4. Members will not post referral links in an attempt to trick members or any other persons through deceptive means, inaccurate descriptions, fake earning opportunities or other questionable methods as determined by the DailyWin staff.

 

5. DailyWin at its sole discretion will and can cancel or remove points from your account or suspend your account entirely if DailyWin has reasons to believe that rewards were earned through means that are against the DailyWin Terms of Use. Examples of abuse that DailyWin’s automated technology will flag and will not be tolerated include: extended inactivity, software that attempts to manipulate the program in any way, and app usage anomalies outside of normal behavior patterns.

 

6. Violating any of these terms or any of the terms below will mean immediate revocation of earned points & rewards and potentially means being blacklisted from DailyWin in perpetuity.

 

7. Members are not permitted to login on multiple devices, doing so will result in locking your account and may get your account suspended as well.

 

8. No more then 1 accounts per user, unless otherwise authorized by a member of the DailyWin staff.

 

In order to access our app and/or website, you need a compatible device. You also need access to the Internet through a mobile data plan or an Internet subscription. You are solely responsible for paying any service fees associated with any such access (including data charges). You must provide all equipment, software and access necessary to connect to our service. Our service is not available on all operating systems, devices, or locations. You should note that depending on your device, your device might not be able to access our service while you are using other features of your device.

 

In order to ensure the availability and quality of our service for all of our users, by accessing our service, you agree that your device and/or software does not disturb or interfere with our service, including our mobile apps, our tablet apps, or our website. If we suspect that any equipment or software is causing interference with our service, we reserve the right to immediately disconnect that equipment or software from our service, and we reserve the right to immediately suspend or terminate your further use of our service. If any upgrade to the service requires changes in your equipment or software, and you wish to continue using our service, it will be your responsibility to make these changes at your own expense. Any additional features that augment or enhance our service will be subject to these terms of use. You agree to comply with all applicable laws in your use of our service.

You indicate your acceptance of this Agreement by clicking on the “Start” button and creating an account. By doing this action you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity. If you are under the age of majority in your jurisdiction of residence, you must have the agreement of your parent/legal guardian to this Agreement on your behalf. If you do not accept all the terms of this Agreement, then DailyWin is unwilling to offer the Software to you, and you may not use it, and you must immediately remove the Software from any computers or devices upon which you have downloaded or installed it.

 

1. Eligibility

You must be thirteen (13) years of age or older to use the Services. The Sweepstakes is open to legal residents of the United States who at the time of entry are at least thirteen (13) years old and the age of majority in his or her jurisdiction of residence and have an Internet connection or mobile phone. Employees of the Sponsor and any Promoter (as defined below) and their affiliates, Sweepstakes supervisors and members of their immediate families are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations, and you can only use our Services if it is legal for you to do so as determined by the laws of the country, state, and/or territory in which you live and access the Services.

 

2. Use Restrictions

You will not: (a) use the Services for any purpose other than your personal, noncommercial use; (b) access, monitor, or copy any content or information on the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) use the Services to place any offline wager of any kind or use the service for any gambling purpose; or (e) intentionally or unintentionally violate any applicable local, state, provincial, national, or international law or regulation.

 

3. How to Claim a Prize

You will be notified immediately if you have won a prize. To claim your prize, you must follow the instructions in your notification or by clicking on the “Withdraw Cash” button and following instructions. Failure to timely and properly claim any prize may result in forfeiture.

 

4. Publicity

Participation constitutes consent to use of Entrant”s name, likeness and address (city, state) for promotional purposes in any media, worldwide, without further payment or consideration.

 

5. General Conditions

Any Giveaway may be canceled, suspended and/or modified, in whole or in part, if in the opinion of the Sponsor any fraud, technical failure or other factor beyond its control may impair the integrity or proper functioning of the Services. Neither the Sponsor nor any Promoter is responsible for malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in electronic communications or internet service.
No substitution, assignment or transfer of any prize is permitted, except by Sponsor, who has the right to substitute a prize. Claimed prizes will generally be awarded within approximately six weeks after the end of the relevant Promotional Period. Unclaimed prizes will not be awarded. Winner is responsible for all taxes and costs or fees associated with the receipt and/or use of any prize.
Sponsor reserves the right, in the case where all prizes have been awarded prior to the scheduled end of the Promotion Period for any Giveaway, either to end the Giveaway or to replace some or all of such prizes and continue.
Sponsor reserves the right to withhold payments, to obtain necessary tax information from winners, and to submit tax-related documents as required by law. If Sponsor believes that the tax-related form you provide is inaccurate or incomplete, it will request from you a corrected and/or completed form. If you do not provide a correct and complete form following any such request, then Sponsor will not deliver to you your prize or any further prizes for such calendar year, and you will be automatically deemed to have waived any right you might otherwise have to such prize(s).
You may not enter with multiple identities or use any automated system or other device or artifice to enter or obtain more than the specified number of qualified entries. If the Sponsor changes any new or revised entry limits or qualifications, or elects to shorten the Promotion Period, it will provide at least one day”s prior notice through these Terms of Use (except in cases of suspected fraud or technical problems). You and your entries may be disqualified if you attempt to circumvent these Terms of Use. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

6. Restrictions on Access

Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and to block, restrict, and prevent your future access to, and use of, the Services. Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Services without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Services.
In the event that we deem in our sole discretion that you have engaged or attempted to engage in fraudulent, unlawful, dishonest, or improper activity while using the Services, we will be entitled to take such action as we see fit in our sole discretion, including immediately limiting or blocking access to the Services, terminating your account with us, and taking legal action against you.

 

7. Trademarks

DailyWin name, and any other product or service name or slogan contained on the Services are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission by the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply our endorsement, sponsorship, or recommendation thereof, or vice versa.

 

8. Third-Party Content

The Services may contain links to third-party content, such as advertisements (“Third-Party Content“). We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We do not undertake any responsibility to update or review any Third Party Content and we do not make any guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Services, please be aware that these Terms of Use will not govern your activities away from the Services. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Services. You access and use Third-Party Content at your own risk.
The Services may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

“Survey Serving Technology

This app uses Pollfish SDK. Pollfish is an on-line survey platform, through which, anyone may conduct surveys. Pollfish collaborates with Developers of applications for smartphones in order to have access to users of such applications and address survey questionnaires to them. When a user connects to this app, a specific set of user’s device data (including Advertising ID which will may be processed by Pollfish only in strict compliance with google play policies- and/or other device data) and response meta-data (including information about the apps which the user has installed in his mobile phone) is automatically sent to Pollfish servers, in order for Pollfish to discern whether the user is eligible for a survey. For a full list of data received by Pollfish through this app, please read carefully Pollfish respondent terms located at https://www.pollfish.com/terms/respondent. These data will be associated with your answers to the questionnaires whenever Pollfish sents such questionnaires to eligible users. By downloading the application you accept this privacy policy document and you hereby give your consent for the processing by Pollfish of the aforementioned data. Furthermore, you are informed that you may disable Pollfish operation at any time by using the Pollfish “opt out section” available on Pollfish website . We once more invite you to check the respondent’s terms of use, if you wish to have more detailed view of the way Pollfish works.

APPLE, GOOGLE AND AMAZON ARE NOT A SPONSOR NOR ARE INVOLVED IN ANY WAY IN THIS CONTEST/DRAW. NO APPLE PRODUCTS ARE BEING USED AS PRIZES.”

 

9. Indemnification
You will defend, indemnify and hold harmless us, our subsidiaries, affiliates, partners, and third-party advertisers, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys” fees) arising out of or related to your use of the Services, your violation of these Terms of Use, or your violation of any rights of a third party.

 

10. Limitations of Liability

NEITHER WE NOR ANY OTHER RELEASED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OR PARTICIPATION IN, OR YOUR INABILITY TO ACCESS, USE, OR PARTICIPATE IN, THE SERVICES, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION IN THIS SECTION 10 MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF SPONSOR AND ALL OTHER RELEASED PARTIES TO YOU FOR ALL CLAIMS UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF US $50 OR THE VALUE OF THE APPLICABLE PRIZE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. 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 OF USE. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

11. Disclaimers and Release

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICES, IS AT YOUR SOLE RISK. THE SERVICES, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, OR ANY PRIZE AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPONSOR DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING THE SERVICES, OR SPONSOR THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
BY USING THE SERVICES, OR RECEIVING ANY PRIZE, YOU AGREE TO AND HEREBY RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY”S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES“) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF USE OF THE SERVICES,  OR USE OR MISUSE OF ANY PRIZE. 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 SERVICES; (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; (D) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SERVICES OR THE PROCESSING OF ENTRIES; OR (E) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR USE OF THE SERVICES, OR USE OR MISUSE OF ANY PRIZE.

 

12. Points

The Services may include an opportunity for you to earn virtual currency (“Points”) to, in our discretion, license virtual digital goods, or to obtain discounts, offers or other goods or services, or to exchange for cash (together, “Redeemed Goods“). Regardless of what we call them, Points are not real money, and do not have monetary value. You acknowledge that Points are not real currency. We make no guarantee as to the nature, quality or value of the features of any third-party good or services that will be accessible through the use of Points, or the availability or supply of Points.
Points obtained via the Services are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Services. Points may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Redeemed Goods may be subject to a separate third-party license or agreement. You have no property interest, right or title in or to any such Points. Any Points balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. We may at any time expire free or promotional Points given to you. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Points regardless of the circumstances. You absolve us of any responsibility to maintain or update your Points account. However, if there is a loss of Points in your account due to technical or operational problems with the Services, we will refund the lost Points once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Points lost. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Points and Redeemed Goods, which may be modified at any time. You must comply with any individual Redeemed Goods limitations as indicated via the Services or to get the Redeemed Good. We reserve the right to cancel, restrict or terminate Points and/or Redeemed Goods at any time for any reason. All Redeemed Goods are subject to availability.
You may choose a Redeemed Good that is still available for which you have accumulated sufficient Points for redemption. Select the Redeemed Good you wish and follow the instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us and/or our designee or Redeemed Goods partner. Emails or messages will be sent to the email address or other contact information assigned to your account. All acquisitions of Points and redemptions for Redeemed Goods are final. Once Points has been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Points will be re-credited to your account in the event of a return or exchange of a Redeemed Good, or any problem with any Redeemed Good.

 

13. Reimbursement

Members will not be reimbursed for lost or stolen rewards.

 

14. Force Majeure

We will not be liable to you for any delay or failure to perform any obligation under these Terms of Use if the delay or failure is due to circumstances beyond our reasonable control.

 

15. 1099 Form

DailyWin accounts that have earned over $600 in a calendar year are required by US law to fill out a 1099. DailyWin will notify users via the email address user has on file and it is then up to user to complete all obligations with respect to US Government. User gives up all claims against DailyWin regarding any tax related claims.

 

16. Consent to Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

17. Disclosures

The services provided under these Terms of Use are offered by Peace Party Studios LLC, located at, 4122 Colt Ln. You may contact us by sending correspondence to the foregoing address or by emailing us at questions@dailywinapp.com.

 

IF YOU DO NOT AGREE TO THE FOREGOING TERMS OF USE YOU MAY NOT USE THE SOFTWARE AND YOU MUST UNINSTALL IT FROM ANY COMPUTERS OR DEVICES UPON WHICH YOU MAY HAVE DOWNLOADED OR INSTALLED THE SOFTWARE.