Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.  All users must 18 years of age or older and residents of the United States of America.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on areyouawinner.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on areyouawinner.com's web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by areyouawinner.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. All users of areyouawinner.com must be 18 years of age or older to participate.  In the event that a member/user is found to have misrepresented their age, their account will be terminated for violation of the terms of service.  If you create an account, areyouawinner.com will assume you to be of the appropriate age and your information will be released to third-party merchants (for prize delivery) in the event that your code wins.  areyouawinner.com will not be held liable for releasing the information of a minor in the event that they have misrepresented their age.
4. Merchants who maintain accounts with areyouawinner.com will be held responsible for prize delivery in one to six (1-6) weeks of a confirmed win.  Areyouawinner.com will make every effort to see that prizes are delivered by merchants, but responsibility ultimately resides with the Merchants.  Areyouawinner.com assumes no liability for failure of merchants to deliver prizes, damage to prizes during delivery, or failure on the part of the merchant to deliver prizes as described.  Merchants assume responsibility for providing prizes as described, costs of shipping prizes to winners, and any damages caused during shipment to winners.

3. Prize selection

Prize selection is random and occurs based on the number of codes in circulation and the number prizes in the system at a given time.  Areyouawinner.com makes no claims regarding the number of prizes that will be available in the system at a given time, nor to the number of codes in circulation.  Those numbers are determined by the distribution of codes by merchants and the number of prizes offered by merchants.

4. Disclaimer

The materials on areyouawinner.com's web site are provided "as is". areyouawinner.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, areyouawinner.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall areyouawinner.com, its member merchants, hosting service provider or any affiliated service providers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on areyouawinner.com's Internet site, even if areyouawinner.com or an areyouawinner.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Links

areyouawinner.com has not reviewed all of the sites linked to its Internet web site, makes no claims regarding the accuracy of the information on linked sites, and takes no responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by areyouawinner.com of the site. The user assumes all risks by using any links on areyouawinner.com. 

7. Site Terms of Use Modifications

areyouawinner.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any and all claims relating and pertaining to areyouawinner.com's web site will be governed by the laws of the State of Massachusetts.  Your use of the site is an acceptance of this limitation to litigation and mediation. 

9. Privacy and Security

areyouawinner.com follows accepted industry standards to protect any personal information you have provide. No personal data is stored at our location.  All information is stored off-site on our host’s server and behind their firewalls and other safeguards.  However, please be aware that no method of electronic storage can ever be 100% secure. Therefore – as is the case with any organization – areyouawinner.com is not in a position to guarantee the absolute security of your information. Users assume the risk of exposure by providing personal information to areyouawinner.com.

areyouawinner.com takes privacy very seriously.  In the event that you are selected as a winner, your information (such as name, phone number, and address) will be released to the prize-issuing merchant for delivery.  This is the only instance in which your information will ever be released to a third party.  In all other instances, areyouawinner.com does not sell, rent, or otherwise share your personal data information.

Cookies may be used to provide easier and faster access to website features such as logins and/or repeat visits.  Cookies are very small text files that are stored on personal computers for reference purposes. We do not link the information we store in cookies to any personally identifiable information you have submitted while on our site.

Cookies make it easier for you to navigate our site; persistent cookies can perform such activities as storing your password for forums or blogs so you do not have to sign in every time you visit those areas, and/or may be used to enable us to track and target the interests of our users so as to enhance the overall experience of using our site.

We have no access to or administration abilities over any cookies that are used by any advertisers on our site.