WinStakes™ Website Terms and Conditions
Thank you for visiting the WinStakes™ website located at www.winstakes.com (the "Website"). The Website is an Internet property of Globalizer, LLC. ("WinStakes™," "we" or "us"). By and through the Website, end-users may register to become WinStakes™ members ("Members," each with a "Membership") which enables end-users to: (a) enter into contests and promotions offered on the Website from time to time ("Promotions"); and (b) pre-select, or have WinStakes™ automatically randomly assign, the requisite entry numbers for certain of the Promotions. Please be advised that WinStakes™ 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 WinStakes™ Offerings shall be subject to the Agreement. You understand and agree that WinStakes™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any WinStakes™ Offerings, product, service or promotion offered by WinStakes™. You understand and agree that refusal to use the WinStakes™ Offerings is your sole right and remedy with respect to any dispute with WinStakes™.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and WinStakes™ with respect to your use of the WinStakes™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and WinStakes™ with respect to the WinStakes™ 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 WinStakes™ 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 WinStakes™ 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 WinStakes Offerings are void in Puerto Rico, Quebec and where otherwise prohibited by 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 WinStakes™ 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 WinStakes™.
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 WinStakes™ 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) password; and (e) any other information
requested on the Application (collectively, "Registration Data").
If WinStakes™ approves your Application, WinStakes™ 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.
5. Rejection/Termination. WinStakes™ 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 WinStakes™ believes that you are in any way in breach of the Agreement.
We strictly limit each individual to one (1) WinStakes™ Membership. Any attempt by an individual to create more than one (1) WinStakes™ Membership through the use of additional email addresses, will result in the termination of all WinStakes™ Memberships and the forfeiture of eligibility for any promotions (as defined below) already entered, or any prizes (as defined below), already won.
6. Description of Membership. Upon registration as a Member, if WinStakes™ 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 WinStakes™ 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. To access the Official Contest Rules each of the Promotions on the WinStakes™ Website, please go to: https://www.winstakes.com/Site/Rules .
YOU UNDERSTAND AND AGREE THAT WINSTAKES™ 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 WINSTAKES™ 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 WinStakes™ Offerings and associated content in accordance with the Agreement. WinStakes™ may terminate this license at any time for any reason. You may use the WinStakes™ Offerings on one computer for your own personal, non-commercial use. Other than as expressly authorized, no part of the WinStakes™ 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 WinStakes™ Offerings, content or any portion thereof. WinStakes™ 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 WinStakes™ Offerings. Your right to use the WinStakes™ 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 WinStakes™ 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 WinStakes™ Offerings is strictly prohibited. You do not acquire ownership rights in or to the WinStakes™ Offerings or any content, document, software, services or other materials viewed at or through the Website or otherwise by and through the WinStakes™ Offerings. The posting of information or material on the Website or otherwise by and through the WinStakes™ Offerings by WinStakes™ 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 WinStakes™ Offerings.
11. Indemnification. You agree to indemnify and hold WinStakes™, 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 WinStakes™ 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 WinStakes™, 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 WINSTAKES™ 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, WINSTAKES™ MAKES NO WARRANTY THAT: (A) THE WINSTAKES™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WINSTAKES™ 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 WINSTAKES™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WINSTAKES™ 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 WINSTAKES™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WINSTAKES™, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER WINSTAKES™ OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINSTAKES™ 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 WINSTAKES™ 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 WINSTAKES™ 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 CIRCUMSTANCES3; AND (F) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE WINSTAKES™ 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 WINSTAKES™ 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 WINSTAKES™ 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 WINSTAKES™. THE ABILITY TO USE THE WINSTAKES™ 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 WinStakes™ Offerings may provide links to and/or refer you to other Internet websites and/or resources. Because WinStakes™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that WinStakes™ is not responsible for the availability of such third party websites and/or resources. Furthermore, WinStakes™ 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 WinStakes™ infrastructure. Any attempt by any individual, whether or not a WinStakes™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the WinStakes™ Offerings is a violation of criminal and civil law and WinStakes™ 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 WinStakes™ 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 WinStakes™ 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 WinStakes™ 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 WinStakes™ 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 WinStakes™ Offerings or would like more information from us, please contact us by calling customer service at: 516-350-8358; email us at: [email protected] or send us mail to: WinStakes, 100 Duffy Ave, Suite 510, Hicksville, NY 11801.