Rafflecopter’s Terms of Service
Howdy! We (the folks at Metric Feat, LLC) run a website and giveaway service called Rafflecopter :D
Our service is free, and we offer paid subscriptions for advanced features such as real-time analytics, white-labeling, email list integration, and more. We hope you find our service fun and easy to use, but we ask you become familiar with the terms of service below. Please contact us if you have any questions!
Rafflecopter’s Terms Of Service
Acceptance of Terms | This website, Rafflecopter.com, (collectively referred to as “Rafflecopter” or the “Site” in these Terms of Service) is owned and operated by Metric Feat, LLC (“we”, “us” or “Metric Feat, LLC”). Rafflecopter provides free and paid services to you subject to the Terms of Service (“TOS”) below. By using and accessing our Site, you (“you”, “user” or, “end user”) agree to these Terms of Service.
At any time, we may choose to update these Terms of Service by posting an update to this page. We encourage you to frequent these TOS as your continued use of any of Rafflecopter’s services will mean you accept those changes, whether you’ve read them or not. In addition, you and Rafflecopter shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
Our Description of Services | Rafflecopter is an internet application and website that allows blog owners, website owners, and Facebook page owners (collectively referred to as the Admin”) to run a sweepstakes promotion by customizing and embedding an entry form where they’d like have individuals (the “Entrants”) enter the sweepstakes. Rafflecopter helps provide the tools that allow the Admin to moderate, verify, and choose a winner for their promotions (collectively referred to as the “Service”).
You understand and agree that the Service may include communications from Rafflecopter, such as administrative messages and service announcements. These communications are considered part of the Rafflecopter membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Rafflecopter properties, shall be subject to the Terms of Service. You also understand and agree that the Service is provided “AS-IS” and that Rafflecopter assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Rafflecopter Software License Rights & Restrictions | We hereby grant you a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the internet for your own internal purposes, subject to the Terms of Service. You may not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Rafflecopter Site. All rights not expressly granted to you are reserved by Rafflecopter and its licensors.
You agree to not modify or make derivative works based upon the Rafflecopter Site. You also agree to not reverse engineer or access the Rafflecopter Site in order to build a competitive product or service, build a product using similar features, functions or graphics of the Rafflecopter Site, or copy any features, functions or graphics of the Rafflecopter Site. You further acknowledge and agree that, as between the parties, Rafflecopter owns all right, title, and interest in and to the Rafflecopter Site, including all intellectual property rights therein.
Admin Violations | We hope that all Admins use Rafflecopter in a safe and ethical manner. As a condition to your use of the Rafflecopter Site, you shall not:
- use the Rafflecopter Site to run a promotion and manipulate Entrants into entering your promotion without the intention of giving out a prize
- use email addresses collected by Rafflecopter maliciously or violate the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them, or any applicable electronic communications laws in your jurisdiction
- use the Rafflecopter Site for any illegal or unauthorized purpose. You must not, in the use of the Rafflecopter Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
- post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services
- collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Rafflecopter Site
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Rafflecopter Site
- reverse engineer, decompile or disassemble any of the software used to provide the Rafflecopter Site
- reproduce, duplicate or copy or exploit any other portion of the Rafflecopter Site, without the express written permission of Rafflecopter;
- interfere with or disrupt the Rafflecopter Site, or any servers or networks connected to the Rafflecopter Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Rafflecopter Site
- modify, adapt or hack the Rafflecopter Site or falsely imply that some other site is associated with Rafflecopter Site
Pricing, Billing, Cancellation, & Refunds | Certain aspects of the Rafflecopter Service may be provided for a fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms below. Rafflecopter may add new services for additional fees, or amend fees and charges for existing services, at any time in its sole discretion. Any pricing changes or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.
By choosing to upgrade the free core service to include an add-on, your account will be converted to a paid account (the “Paid Account”). Premium add-ons for a single Paid Account are non-transferrable. Rafflecopter accepts credit cards and will automatically charge your credit card monthly or each time you purchase a promotion depending upon which payment option you select. If any fee is not paid in a timely manner, or Rafflecopter is unable to process your transaction using the credit card information provided, Rafflecopter reserves the right to suspend or revoke access to your account.
The fees for your Paid Account will be billed from the date you elect, or convert to, a Paid Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Rafflecopter will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Paid Account. In the event your Paid Account began on a day not contained in a given month or year, Rafflecopter will bill your credit card on the last day of such month or year.
If your Paid Account began on January 30th, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Rafflecopter may also periodically authorize your credit card in anticipation of account or related charges. Refunds for all fees and charges are governed by our Refund Policy.
Should you elect to upgrade your Paid Account to a more expensive add-on package, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly billed Paid Account on April 25th, your next payment would be due on May 25th. On May 28th, you upgrade your Paid Account to a more expensive add-on package and pay the new amount associated with the upgraded Paid Account you have selected, less the amount equal to 7 days at your previous Paid Account rate. Your next payment would then be due on June 28th.
Rafflecopter may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least two weeks (14 days) advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your Subscriptions page. If your credit card reaches its expiration date, your continued use of the Rafflecopter constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Unless you notify Rafflecopter before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your subscription can be canceled at any time in your account dashboard.
Rafflecopter strives to maintain a reliable and secure environment for your data and promotions. Security and availability of our Service is of utmost importance to us. However, the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Rafflecopter Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Rafflecopter has a core version that is free to use and offers free trials of Paid Accounts. It’s a great way to try out the Service free of charge if you’re thinking about upgrading to a Paid Account. Because of this, there is a refund policy in place for Rafflecopter Paid Accounts. We believe the policy to be fair and hope you find it fair, too. Read about the Rafflecopter refund policy here.
Rafflecopter is an internet-based self-service. Internet-based Self-services are a subtype of services driven by self-service technologies which provide technological interfaces allowing customers to use services independently of the involvement of direct service employee. While our Service hopefully makes it easy to launch a successful promotion, much of the success of your Rafflecopter promotion depends on your ability to promote your campaign. Rafflecopter does not provide refunds or credits for a giveaway promotion deemed as ‘poor performing’ by the admin.
DOWNGRADING YOUR RAFFLECOPTER PAID ACCOUNT MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. RAFFLECOPTER DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
By signing up for a Rafflecopter Paid Account and providing Rafflecopter with your payment account information, you hereby agree to these payment terms and conditions.
Questions regarding pricing and billing may be directed to firstname.lastname@example.org.
You acknowledge Rafflecopter is not responsible or liable for the failure of any Admin (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion or giveaway.
RAFFLECOPTER DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
Admins may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Rafflecopter may use any information you provide consistent with Rafflecopter and these Terms of Service.
If you are an Admin of a promotion or giveaway, you acknowledge and agree that Rafflecopter merely facilitates the distribution of promotions and giveaways and understand that the Site provides no safeguards ensuring that your promotions and media comply with any law, rule, regulation or policy. You also acknowledge and agree that you are responsible for ensuring that your promotion or media complies with any applicable law, rule, or regulation and agree to comply with all statements and promises made to Entrants (except to the extent such statements and promises violate the law).
Outside the United States | We make no claims that the Site or any of its content is accessible, appropriate or legal outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Copyright Infringement & DMCA | As Rafflecopter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Rafflecopter violates your copyright, you are encouraged to notify us. Rafflecopter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Rafflecopter will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Rafflecopter or others. In the case of such termination, Rafflecopter will have no obligation to provide a refund of any amounts previously paid to Rafflecopter.
Third-Party Sites | The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Rafflecopter.
Modification of Agreement | As stated earlier, Rafflecopter reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service. Your continued use of the Site after such modifications to this agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use | Rafflecopter may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Rafflecopter account (if you have one), you may simply discontinue using the Site. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability | IN NO EVENT WILL RAFFLECOPTER, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO RAFFLECOPTER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. RAFFLECOPTER SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Warranty Disclaimer | THE SITE IS PROVIDED “AS-IS”. RAFFLECOPTER AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RAFFLECOPTER NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE RAFFLECOPTER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, RAFFLECOPTER DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Governing Law | This Terms of Service greement and your use of the Rafflecopter Site shall be governed by the laws of the United States of America and the State of Colorado without regard to its conflicts of laws principles. Any legal action or proceeding related to the Rafflecopter Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Colorado.
Indemnification | You further agree to indemnify, defend and hold harmless Rafflecopter and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the Site. Rafflecopter will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Last Update | This agreement was last updated on May 28th, 2015.
Contact | If you have any questions regarding these Terms of Service please contact us by email at email@example.com.