CLICK2WIN4LIFE™ TERMS & CONDITIONS
Welcome to our website located at www.click2win4life.com (the "Website"). The Click2Win4Life™ Offerings are owned and operated by What If Holdings, LLC (“Company,” “we,” “our” or “us”). You agree to the following Click2Win4Life™ Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site, including viewing the content made available thereon (“Content”); and/or (b) enter into one (1) or more of the contests and promotions offered on the Website from time to time (“Promotions”, and together with the Site and Content, the “Click2Win4Life™ Offerings”).
These Terms and Conditions are inclusive of the Click2Win4Life™ Privacy Policy, the contest rules applicable to the Promotions (“Rules”) and any other operating rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time (collectively, the “Agreement”). Please review the following terms of the Agreement carefully. PLEASE NOTE THAT THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS ARE AN ESSENTIAL BASIS OF OUR AGREEMENT. If you do not agree to the terms and conditions contained in the Agreement in their entirety, you are not authorized to access and/or use the Click2Win4Life™ Offerings in any manner or form.
SCOPE OF AGREEMENT/MODIFICATION OF AGREEMENT:
The Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Click2Win4Life™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Click2Win4Life™ Offerings. Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s), or otherwise enhance(s), the current Click2Win4Life™ Offerings and/or features of the Website shall be subject to the Agreement. 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: (a) 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; and (b) pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Click2Win4Life™ Offerings. By your continued use of the Click2Win4Life™ Offerings, you hereby agree to all 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, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute, as applicable). Therefore, you should regularly check the Agreement for updates and/or changes.
REQUIREMENTS:
The Click2Win4Life™ Offerings are available only to individuals who: (a) are legal residents of the United States; (b) can enter into legally binding contracts under applicable law; and (c) are eighteen (18) years of age or older, or the age of majority in their jurisdiction if the age of majority is greater than eighteen (18) years of age. If you are not a legal resident of the United States, are under the age of eighteen (18), or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, or cannot enter into legally binding contracts, you do not have permission to use and/or access the Website. Without limiting the foregoing, any resident of Canada who accesses any of the Click2Win4Life™ Offerings is doing so in violation of the Agreement and, as a result, will be deemed to have waived any rights that she/he may have to assert any claims against the Company, or any of its officers, directors, members or owners, arising from her/his use of the Click2Win4Life™ Offerings in any manner or form.
DESCRIPTION OF PROMOTIONS:
From time-to-time, the Website offers end-users that register the opportunity to qualify for prizes and other awards via Promotions. By providing true and accurate information in connection with the applicable Promotion registration form and agreeing to the Rules applicable to the Promotion, you can attempt to obtain the prizes and other awards offered through each such Promotion. Please be advised that the Company may feature and display certain third party advertisements in connection with various Promotions. Currently, the Website is featuring the Click2Win4Life.com $1,000 a Week for Life Sweepstakes (“1,000 a Week for Life Sweepstakes”).
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 for the $1,000 a Week for Life Sweepstakes, please Click Here.
You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use the Promotions, Automatic Entries and/or associated functionality. You understand and agree that Company shall not be liable to you or any third party for any modification, suspension or discontinuation of any Promotions.
REGISTRATION/MEMBER ACCOUNT:
To enter a Promotion and/or register for Membership on the Website, you must complete and submit the applicable online registration form. The information you must supply may include, but is not limited to, depending on the Click2Win4Life™ Offerings that you wish to access, your: (a) full name; (b) postal address; (c) telephone number; (d) email address (where available); (e) date of birth; (f) credit and/or debit card information (where you wish to become a Member); and/or (g) any other information requested on the applicable form (collectively, “Initial Registration Data”). Further, individuals that win a prize in one (1) or more Promotions may be required to provide: (i) their Social Security Number; and (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (“Prize Winner Data,” and together with the Initial Registration Data, the “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion.
LICENSE GRANT:
As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Click2Win4Life™ Offerings and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may only use the Click2Win4Life™ Offerings for your own personal, non-commercial use. No part of the Click2Win4Life™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Click2Win4Life™ Offerings or any portion thereof. Systematic retrieval of content or matter associated with Click2Win4Life™ Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Company, in each instance, is strictly prohibited. Company 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 Click2Win4Life™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure.
PROPRIETARY RIGHTS:
The Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Click2Win4Life™ Offerings, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Click2Win4Life™ Offerings is strictly prohibited. You do not acquire ownership rights, other than those rights that you may already have, to any content, document, software, services or other materials viewed by or through the Click2Win4Life™ Offerings. The posting of information or material by and through the Click2Win4Life™ Offerings by Company does not constitute a waiver of any right in such information and materials. The “Click2Win4Life” name and logo are trademarks of What If Holdings, LLC. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any Company trademark without obtaining Company’s prior express written consent is strictly prohibited.
EDITING, DELETION & MODIFICATION:
We reserve the right in our sole discretion to edit and/or delete any documents, information or Content appearing on the Website.
INDEMNIFICATION:
You agree to release, indemnify and hold Company, 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, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Click2Win4Life™ Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and/or affiliates, and each of their respective 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.
DISCLAIMER OF WARRANTIES:
THE CLICK2WIN4LIFE™ OFFERINGS 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, COMPANY MAKES NO WARRANTY THAT: (A) THE CLICK2WIN4LIFE™ OFFERINGS WILL MEET YOUR REQUIREMENTS: (B) THE CLICK2WIN4LIFE™ OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CLICK2WIN4LIFE™ OFFERINGS WILL BE ACCURATE OR RELIABLE. THE CLICK2WIN4LIFE™ OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE CLICK2WIN4LIFE™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE CLICK2WIN4LIFE™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY 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 COMPANY 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 ANY COMPANY PRODUCT AND/OR SERVICE THAT MAY BE OFFERED VIA THE CLICK2WIN4LIFE™ OFFERINGS; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; OR (E) ANY OTHER MATTER RELATING TO THE CLICK2WIN4LIFE™ OFFERINGS AND/OR THE OTHER PRODUCTS AND/OR SERVICES THAT MAY BE MADE AVAILABLE BY AND THROUGH SAME. 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 TORTS. YOU HEREBY RELEASE COMPANY, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE CLICK2WIN4LIFE™ OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
THIRD-PARTY WEBSITES:
The Website may provide, third parties may provide and/or refer you to, links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company 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.
LEGAL WARNING:
Any attempt by any individual, whether or not a Company registered user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any portion of the Click2Win4Life™ Offerings, is a violation of criminal and civil law and Company 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.
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 Click2Win4Life™ 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 by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, New York, in accordance with the then-current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found here. 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 here. The parties agree that the arbitrator shall not consolidate more than one person’s claims, and shall not otherwise preside over any form of a representative or class proceeding. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred 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: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) 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 frivolous.
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 Company 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 Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) 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 (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.
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 the Click2Win4Life™ Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence; provided, however, that with respect to any Promotions, to the extent that anything in these Terms and Conditions is inconsistent with the applicable Rules, those Rules shall take precedence. 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. Company may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Agreement section.
CONTACT US:
If you have any questions, please email the Company at: [email protected]; or write to the Company at: Click2Win4Life, 24 W. Railroad Ave., # 139, Tenafly, NJ 07670