Last Updated: April 18, 2018
We firmly believe that both our Members and our clients benefit because we market only to people who have given us express permission to do so.
While the word "privacy" may mean different things to different people, we believe that once you understand how we use your information, the steps we take to protect it, and the resulting benefit to you, you will not only feel confident when sharing information with us, but will also find your participation in the Program a most rewarding experience.
Your Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please contact us by clicking here or send us correspondence to Taptastic, LLC, Attn: Sweepszilla Member Services (Privacy), 96 Linwood Plaza, #120, Fort Lee, NJ 07024-2701.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please contact us by clicking here or send us correspondence to Taptastic, LLC, Attn: Sweepszilla Member Services (Privacy), 96 Linwood Plaza, #120, Fort Lee, NJ 07024-3701. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
1. Collection of Information
Sweepszilla™ collects both personal and non-personal information using the methods listed below. Our primary purpose in collecting such information is to provide you with a personalized experience by displaying content and delivering offers that are likely to be of interest to you according to your preferences.
2. Automatic Information and Cookies Collected though Participation in the Sweepszilla™ Program
When you sign in to the Site, the server automatically recognizes you by your “cookies,” which are small text files that are placed on your computer by the Site upon arrival. The cookies that we use are “analytical” in nature, in that they act as unique identifiers and are linked to your personal information, allowing us to access your personal information and personalize the Site and Program to your specified interests. The cookies also allow us to keep track of your activity on the Site, properly credit entries to your account and help ensure that only you can access your account. The information collected by the cookies may be added to your personal profile and used to deliver offers and advertisements that are relevant to your interests.
The Program makes active use of third-party companies to display advertisements on the Site or in Sweepszilla™ email. Many of Sweepszilla’s™ third-party advertisers, shopping affiliates and merchants utilize “analytical” cookies, similar to Sweepszilla’s™ described above, to identify you as a Member of Sweepszilla™. This enables the cookies to report transactions back to us so we are able to properly credit activity generated on the Site. Third-party cookies are also used to count unique page views, email responses and future transaction activity corresponding to specific offers. For these reasons, full participation in the Program is dependent upon you setting your browser configuration to accept third-party cookies.
Sweepszilla™ will also capture and store your transaction details, which may include the items and quantities purchased, purchase price, date and time of purchase. This information is used to credit your account balance in the event of returns and exchanges. This information is used by the Member Services department while assisting you in resolving account inquiries. We may also use your transaction information to provide you more timely relevant offers, products and services.
Sweepszilla™ retrieves the following information from your browser:
Your browser type (e.g., Internet Explorer, Chrome, Safari)
Platform-dependent information (e.g., Windows, iOS)
Requested document (the page you're looking at)
Referrer URL (the page you came into the Site from)
Date and time of your visit
Your registered Sweepszilla™ account information
Purchase transaction detail (from merchants on the Site)
IP address associated with member transaction in the system
Additionally, for each visitor to the Site, our server automatically recognizes the following:
Host origin of the request (your IP address or that of your ISP if using proxy servers)
Requested document (the page you're looking at)
Referrer URL (the page that you came to the Site from)
Your registered Sweepszilla™ account information
Date and time of your visit
This information, sometimes called log-file or clickstream data, is used to monitor Site performance and analyze traffic patterns and usage to ensure the Program functions properly. It may also be appended to your personal profile so that we may further tailor the Program to your interests.
Behavioral Marketing/Do-Not-Track : Without limiting the foregoing, we allow third-party companies to collect certain information when you visit the Site. These companies may utilize cookies, pixels or other technologies to collect and use both personally identifiable information (e.g., your name, phone number, physical or electronic address, etc.) and non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.) during your visits to the Site, as well as when you visit other websites, in order to provide advertisements about goods and services likely to be of greater interest to you. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.
Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. To learn more about this behavioral advertising practice, as well as to learn about other options for opting-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and/or Networking Advertising Initiative at www.networkadvertising.org/choices.
3. Information Collected at Registration
In order to take advantage of the offers available at Sweepszilla™, you must register for our service and become a Member. We collect personal information when you register with us and when you use the Sweepszilla™ services. We may combine information about you that we have with information we obtain from business partners or companies. During registration, we require members to give us basic contact information (such as your first name, last name, e-mail address and mobile telephone number) and demographic information (such as your zip code, age and gender). The registration form information requests may change from time to time. Although additional demographic information may be requested at the time of registration, only information marked "required" is necessary for registration and utilization of our services.
4. Information Collected Via Online Surveys, Sweepstakes and Other Promotions
We may also provide you with the opportunity to participate in contests, sweepstakes or surveys, from time to time. If you choose to participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice as to whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as gender and zip code).
We use this information to notify contest winners and award prizes. We may also use the information gathered to better personalize your Program experience.
5. Information Collected at Enrollment for a Paid or Other Enhanced Product or Service
If you choose to enroll for any paid or other enhanced product or service beyond a basic registration as described in Section 2 above, you may be required to provide us with certain contact information, such as your name, e-mail address and billing address. We may also require other information necessary to access the paid or other enhanced product or service or process any applicable payment, such as a credit card or debit card number and expiration date. We may use the information you provide us to bill you for products and services you request, or to notify you of additional products and services we may offer. When you sign up for a paid or other enhanced product or service on the Site, you are consenting to our delivery of this information to our service providers, which may include banks and credit card companies that we use to process a transaction or other third parties who may provide all or a portion of the underlying product or service on our behalf.
6. Use and Disclosure of Personal Information
As long as you remain a Sweepszilla™ Member, opting not to receive email does not exempt you from receiving administrative emails, which include, but are not limited to, notices about vital Program and membership status changes or alterations to our Terms of Service.
We may, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you or your account as may be required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Service, or activity that appears to us to be illegal or may expose us to legal liability.
7. Member Communications, Email, SMS Text Messaging and Opting Out
Sweepszilla™ employs a strict policy against sending unsolicited email. Because email is an integral part of the Program, you automatically sign up to receive email from Sweepszilla™ including Sweepszilla™ offers, as well as third party offers, that Sweepszilla™ thinks may be of interest to you. If you later decide you wish to cease participation in this portion of the Program, you may do so at any time by clicking on the opt-out links contained within each Sweepszilla™ email or by sending an email to: firstname.lastname@example.org . In addition, Sweepszilla™ employs a strict policy against sending unsolicited SMS text messages. Because SMS text messages can be an integral part of the Program, subject to obtaining your “prior express written consent” as set forth in Section 6 above, Sweepszilla™ may contact you with periodic SMS text messages related to the Program and other Sweepszilla™ products and/or services. If you decide you wish to cease participation in this portion of the Program, you may do so at any time by replying with the word “STOP” in response to one of the SMS text messages that you receive from Prizeilla™ or sending an email to: email@example.com.
Our Member Services Department may contact you in response to your inquiries, to provide services at your request and to manage your account. We will communicate with you by email, telephone or fax in accordance with your wishes (collectively, “Sweepszilla™ Administrative Contact”).
To opt-out of receiving Sweepszilla™ Related Email and Sweepszilla™ Administrative Contact from Sweepszilla™, you must cease membership, use of the Program and submitting inquiries to Sweepszilla™, as applicable.
8. Sweepszilla™ Advertisers and Third Party Websites
Except as specifically set forth below, it is our policy not to provide your personally identifiable information to our advertisers unless you make the choice to share it with them. We occasionally pass personally identifiable information (other than sensitive financial information) via a secure interface to certain of our advertisers for the purpose of making it easier for you to sign up for their offers. However, this information is only to be used by the advertiser if you agree to submit the information to the advertiser for the purposes of completing an offer.
We occasionally use third parties to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions or performing statistical analysis of our services. We will only provide these third parties the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
Our users may submit testimonials about Sweepszilla™ on our Site. In such cases, it is the user's choice as to whether their personally identifiable information is posted along with the testimonial. In addition, Sweepszilla™ has forums available to its users that allow them to post opinions or testimonials about third-party products and services. You should be aware that any personally identifiable information that you submit through these forums can be read, collected or used by other users of these forums, which they could then use to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit in these forums.
If you elect to use any of our referral services for informing friends about our Site, you will be asked to provide your friends' names and e-mail addresses. You may enter this information manually, or you can also choose to import your contacts from your email address book, in which case you will be asked to provide us with your email address and password, which will be used solely for the purpose of importing your contacts to our referral service. We will then automatically send your friends a one-time e-mail, plus a reminder email (both of which may include your name and email address) inviting them to visit our Site. We ask for this information for the sole purpose of sending these emails and tracking the success of our referral program.
11. Deleting, Modifying and/or Updating Your Information
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove, update and/or modify the personal information that you have provided to us, or that we have collected. You may do so by contacting us at support@Sweepszilla.zendesk.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
12. Data Verification and Supplementation
Data verification involves the use of third-party data processing services to standardize and clean your provided enrollment information so that it is easily identified and accessed in our database. Data supplementation involves appending any publicly available information about you to your personal profile.
In order to provide you with the most rewarding experience, we might send your information to data processors so that they can clean your address and standardize to ensure it is most accurate and up-to-date. Next, we might seek out any information about you that is publicly available on the open market and overlay this data onto ours for comparison purposes. Information collected in this manner could include your spending habits from a mail-order catalogue, demographic information you provided in entering a sweepstakes or your financial history. All of this results in a program that is tailored to your personal interests and provides you with the most relevant reward-earning opportunities.
We use this information solely for the purpose of enhancing the offerings of the Program, namely to tailor advertisements, updates and reward-earning and spending offers to your particular interests. All such third-party data processors are contractually bound to observe the strict policy stated herein, so you can rest assured that the confidentiality of your personal information will be maintained.
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter sensitive information (such as credit card information), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site or otherwise via the Internet or wireless network is at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
15. Mergers; Business Transitions
In the event Sweepszilla™ goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred, unless such a transfer will violate state or federal law.
16. Contact Us
Sweepszilla™ Website Terms and Conditions
Thank you for visiting the SweepsZilla™ website located at www.sweepszilla.com (the "Website"). The Website is an Internet property of Taptastic, LLC. and Sweepszilla.com ("SweepsZilla™," "we" or "us"). By and through the Website, end-users may register to become SweepsZilla™ members ("Members," each with a "Membership") which enables end-users to enter into contests and promotions offered on the Website from time to time ("Promotions”). Please be advised that SweepsZilla™ may feature and display certain third party advertising messages in between 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 SweepsZilla™ Offerings shall be subject to the Agreement. You understand and agree that SweepsZilla™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any SweepsZilla™ Offerings, product, service or promotion offered by SweepsZilla™. You understand and agree that refusal to use the SweepsZilla™ Offerings is your sole right and remedy with respect to any dispute with SweepsZilla™.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and SweepsZilla™ with respect to your use of the SweepsZilla™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and SweepsZilla™ with respect to the SweepsZilla™ 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 SweepsZilla™ 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 SweepsZilla™ Offerings are available only to individuals who are legal residents of the United States, Canada, Australia, New Zealand, and South Africa (collectively the “Authorized Territory”) and who can enter into legally binding contracts under applicable 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 SweepsZilla™ Offerings.
3. Cancellation of Membership. You may cancel your Membership at any time by e-mailing us at firstname.lastname@example.org . You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with SweepsZilla™.
4. Registration. 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 SweepsZilla™ 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 SweepsZilla™ approves your Application, SweepsZilla™ 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.
Each individual person (“Person”) shall be permitted one (1) SweepsZilla™ Account. Any attempt by the same Person to create more than one (1) SweepsZilla Account may result in the cancellation of each of that Person’s existing and any future SweepsZilla Accounts and the forfeiture of all Prize eligibility and any Prizes not yet delivered to that Person.
5. Rejection/Termination. SweepsZilla™ 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 SweepsZilla™ believes that you are in any way in breach of the Agreement.
6. Description of Membership. Upon registration as a Member, if SweepsZilla™ 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 SweepsZilla™ may feature and display certain Third Party Ads in between 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 or interact specifically with any Third Party Ads in order to enter any Promotion. Purchasing products and/or services or interacting with any Third Party Ads in no way increases your chances of winning any prizes offered in connection with the Promotions.
YOU UNDERSTAND AND AGREE THAT SWEEPSZILLA™ 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 SWEEPSZILLA™ 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 SweepsZilla™ Offerings and associated content in accordance with the Agreement. SweepsZilla™ may terminate this license at any time for any reason. You may use the SweepsZilla™ Offerings on one computer for your own personal, non-commercial use. Other than as expressly authorized, no part of the SweepsZilla™ 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 SweepsZilla™ Offerings, content or any portion thereof. SweepsZilla™ 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 Sweepszilla™ Offerings. Your right to use the SweepsZilla™ 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 SweepsZilla™ 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 SweepsZilla™ Offerings is strictly prohibited. You do not acquire ownership rights in or to the SweepsZilla™ Offerings or any content, document, software, services or other materials viewed at or through the Website or otherwise by and through the SweepsZilla™ Offerings. The posting of information or material on the Website or otherwise by and through the SweepsZilla™ Offerings by SweepsZilla™ 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 SweepsZilla™ Offerings.
11. Indemnification. You agree to indemnify and hold SweepsZilla™, 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 SweepsZilla™ 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 SweepsZilla™, 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 SWEEPSZILLA™ 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, SWEEPSZILLA™ MAKES NO WARRANTY THAT: (A) THE SWEEPSZILLA™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE SWEEPSZILLA™ 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; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SWEEPSZILLA™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE SWEEPSZILLA™ 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 SWEEPSZILLA™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWEEPSZILLA™, OR OTHERWISE BY AND THROUGH THE WEBSITE OR OTHER SWEEPSZILLA™ OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWEEPSZILLA™ 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 SWEEPSZILLA™ 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 SWEEPSZILLA™ 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; AND (D) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE SWEEPSZILLA™ 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 SWEEPSZILLA™ 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 SWEEPSZILLA™ 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 SWEEPSZILLA™. THE ABILITY TO USE THE SWEEPSZILLA™ 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 SweepsZilla™ Offerings may provide links to and/or refer you to other Internet websites and/or resources. Because SweepsZilla™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that SweepsZilla™ is not responsible for the availability of such third party websites and/or resources. Furthermore, SweepsZilla™ 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 SweepsZilla™ infrastructure. Any attempt by any individual, whether or not a SweepsZilla™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the SweepsZilla™ Offerings is a violation of criminal and civil law and SweepsZilla™ 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 Fort Lee, New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Should a dispute arise concerning the SweepsZilla™ 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 https://www.sweepszilla.com/DisputeNotice.pdf. 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 https://www.sweepszilla.com/Arbitration.pdf. 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 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 SweepsZilla™ 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 SweepsZilla™ 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 SweepsZilla™ 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 SweepsZilla™ Offerings or would like more information from us, please contact us by calling customer service at: 201-371-7202; email us at: email@example.com or send us mail to: Taptastic, LLC. c/o SweepsZilla, 96 Linwood Plaza, #120, Fort Lee, NJ 07024-3701.