Terms of Use

SECTION ONE: GENERAL INFORMATION; ACCEPTANCE OF TERMS

Welcome to TheGiveawayGuys.com. We are glad you have decided to join our community and look forward to your involvement with the TheGiveawayGuys.com site (the "Site"), and the drawings we offer. Before you begin delving into the vast services and content available on our Site, please take a moment to review these Terms Of Use, which represent an agreement between you and DR Web Media LLC ("TheGiveawayGuys" and also referred to as "we"), owner of the Site. It is important that you understand both the benefits we provide as well as the rules which apply to your use of the Site. Our goal is to make the Site a friendly and fair place for all of our prize-seeking users.

TheGiveawayGuys offers drawings on the Site free of charge You have a right to understand the way TheGiveawayGuys collects and uses information provided by you or your computer to the Site. This information is set forth in the TheGiveawayGuys Privacy Policy. You should read our Privacy Policy before opening an account on the Site. TheGiveawayGuys Privacy Policy applies to your access to and use of the Site.

BY USING THE SITE , YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR INFORMATION AS PROVIDED BELOW AND IN THE TheGiveawayGuys PRIVACY POLICY.. IF YOU DO NOT AGREE TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR INFORMATION, YOU SHOULD NOT BECOME A MEMBER OF THE TheGiveawayGuys SITE, OR, IF YOU HAVE ALREADY BECOME A MEMBER OF THE SITE, YOU SHOULD IMMEDIATELY TERMINATE YOUR ACCOUNT AND DEACTIVATE THE SOFTWARE. (See Section 12.2 below "Termination of Account/ Deinstallation").

PLEASE KNOW THAT TheGiveawayGuys MAY AMEND THESE TERMS OF USE AND THE TERMS OF THE TheGiveawayGuys PRIVACY POLICY AT ANY TIME AND FROM TIME TO TIME. WE WILL TRY TO GIVE YOU AT LEAST FIVE DAYS PRIOR NOTICE OF ANY AMENDMENT BUT THERE MAY BE TIMES WHEN WE WILL WANT TO MAKE THE AMENDMENTS EFFECTIVE ON AN IMMEDIATE BASIS AND WE RESERVE THE RIGHT TO DO SO. AMENDMENTS TO THESE TERMS OF USE WILL BE POSTED ON THIS SITE UNDER THE TAB "TERMS OF USE;" AMENDMENTS TO THE TheGiveawayGuys PRIVACY POLICY WILL BE POSTED UNDER THE TAB "PRIVACY POLICY." IF YOU CONTINUE TO USE THE TheGiveawayGuys.com SITE AFTER AN AMENDMENT IS POSTED ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THAT AMENDMENT. THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY EACH TIME YOU USE OUR SITE. WE ALSO ENCOURAGE YOU TO PRINT OUT A COPY OF THESE TERMS OF USE FOR REVIEW AND REFERENCE.

If any practice covered by these Terms of Use is prohibited by the law of any jurisdiction, it is automatically void and unenforceable.

SECTION TWO: ELIGIBILITY TO PARTICIPATE

2.1 Minimum Requirements. To open an account and/or participate in any drawing offered on the Site, or to participate in any other offering on the Site, including, without limitation, any current or future Site features allowing users to communicate directly or through postings with each other (collectively, the "TheGiveawayGuys Community Features") you must:

be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
be a United States citizen or resident alien with a United States physical address;
be physically located within the United States.; and
be physically located in a state in which participation in the tournaments offered on the Site is unrestricted by law.
Note: We may require anyone who is eligible to receive a tournament prize to provide the Site with proof that s/he was eligible to participate in the tournament according to the terms of this Section 2. This proof can include a requirement to provide photographs and/or copies of a valid government-issued ID.

2.2 Restrictions on Eligibility Based on Law. The laws and regulations governing sweepstakes, contests, and tournaments with entry fees and/or prizes are established by each individual state, not by the federal government. It is TheGiveawayGuys's understanding and belief that the Site CANNOT offer fee-based tournaments with prizes to residents of the following states: Arkansas, Arizona, Delaware, Florida, Iowa, Louisiana, Maryland and Tennessee. However, it is your responsibility to check the laws in your state to determine if you can participate in a tournament on the Site. If you are physically located in a state which prohibits your participation in fee-based tournaments with prizes, then you are NOT eligible to participate in the tournaments offered by this Site.

2.3 Additional Restrictions on Eligibility. The following persons are ineligible to receive any prize offered on the Site: (a) employees, owners and officers of TheGiveawayGuys and its affiliates, (b) the foregoing persons' respective immediate family members, and (c) and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with an employee, officer, or director of TheGiveawayGuys or a TheGiveawayGuys affiliate.

2.4 Monitoring Location. TheGiveawayGuys reserves the right to monitor the location from which you access the Site and to block access from any computer which TheGiveawayGuys determines, in its judgment, is located (a) outside of the United States, or (b) in a jurisdiction where participation in one or more Site activities is prohibited or restricted.

2.5 Disclaimers of Liability Regarding Your Ability to Participate. TheGiveawayGuys makes no representations or warranties, express or implied, that you have the legal right to participate in any tournament offered on the Site, nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

You agree that neither TheGiveawayGuys nor its affiliates will be liable to you or any third party for any damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise, if (a) laws applicable to you restrict or prohibit your participation in Site activities, including tournaments, or (b) TheGiveawayGuys blocks your access to the Site or your participation in any Site activity, including any tournament, based on its determination that you are located in a jurisdiction outside of the United States or which prohibits your participation, even if such determination by TheGiveawayGuys was inaccurate, negligent, willful or malicious. However, TheGiveawayGuys's ability to block your access to the Site does not mean and should not be construed to mean that TheGiveawayGuys is responsible for your lawful use of the Site; it is your responsibility to make sure that your use of the Site is not prohibited by any applicable law or regulation.

2.6 Denial of Site Access. Without limiting the foregoing, you understand and agree that TheGiveawayGuys reserves the right to, in its sole discretion, deny access to the Site or any Site activity to any person or entity and that TheGiveawayGuys shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision it might make to deny you access to the Site or any Site activity.

SECTION 3: TAXES ON PARTICIPATION AND PRIZES

United States Internal Revenue Service ("IRS") regulations require TheGiveawayGuys to send a Form 1099 to any person who, during any calendar year, wins prizes from the Site with an aggregate value of $600 (USD) or more. Accordingly, and in order to fulfill our legal requirements, if you win more than two prizes during a calendar year, we will ask you to email or fax to us a completed and signed IRS Form W-9. We will not send you further prizes (beyond your first two) during a calendar year until we have received a complete and correct W-9 form. If we believe that the W-9 form you provide is inaccurate or incomplete, we will request from you a corrected and/or completed W-9 form. If you do not provide a correct and complete W-9 form following such request, then we will not deliver to you any further prizes for such calendar year and you will be automatically deemed to have waived any right you might otherwise have to such additional prizes.

Although we will use commercially reasonable efforts to comply with and implement the IRS requirements accurately, promptly and fairly, you agree that neither TheGiveawayGuys nor its affiliates will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of any acts, errors or omissions of TheGiveawayGuys or its affiliates in their efforts to implement and comply with the IRS requirements. Without limiting the foregoing, you agree that you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence, and that you will indemnify and hold harmless TheGiveawayGuys and its affiliates from any and all liabilities, costs, expenses or damages incurred by any one or more of them as a result of (a) your failure to timely pay applicable taxes, or (b) inaccuracies or omissions in any W-9 or other IRS form which you submit to TheGiveawayGuys.

SECTION 4: ACKNOWLEDGMENT OF PROPRIETARY RIGHTS

4.1 Site Materials. By registering for a Site account and/or participating in any tournament or other service or activity offered on the Site, you acknowledge that all information, content and materials contained on the Site (in any form or media, the "Site Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by TheGiveawayGuys, its affiliates or third party content suppliers, vendors, licensors or business partners, or by other individuals whose games have been submitted to the Site. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials.

4.2 Trademarks. The trademarks, logos, and service marks displayed on the Site whether or not registered (collectively the "Trademarks"), including the names of all games, are Trademarks of TheGiveawayGuys, its affiliates and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark.

4.3 Unauthorized Use; Misuse. Your misuse or unauthorized use of any Trademark or any Site Materials is strictly prohibited. You are hereby advised that TheGiveawayGuys is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. TheGiveawayGuys will also reasonably cooperate with any third party alleging that such party's intellectual property rights have been infringed on the Site and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint. If you believe that a particular game or other Site Material or any Trademark violates your copyright or trademark or that of a party for whom you are authorized to speak, please follow the notification procedure provided on the Copyright Policy page.

4.4 Disclaimer of Warranties and Liability. You understand and agree that the Site Material is provided "AS IS" without warranty or representation of any time and that TheGiveawayGuys does not warrant or represent, and expressly disclaims any warranties or representations (a) that the Site Materials are accurate, complete, free from viruses or free from infringement, (b) that the Site drawings and other activities will operate correctly or without interruption, error or defect, or (c) that your use of Site Materials or your participation in Site activities will not infringe on the rights of third parties.

You further understand and agree that neither TheGiveawayGuys nor its affiliates will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of your use of the Site or Site Materials or your participation in any Site activities, including, without limitation, your violation of a third party intellectual property right based on your use of Site Materials or participation in Site activities.

SECTION 5: YOUR SUBMISSIONS TO SITE

5.1 Communications From You. Any communication or material you transmit to or post on the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or other information or content (collectively, "Your Submissions"), is and will be treated by TheGiveawayGuys and its affiliates as non-confidential and non-proprietary. You hereby authorize TheGiveawayGuys and its affiliates to use, and agree that they are free to use, in each case without compensation to you, (a) Your Submissions for any purpose and in any manner, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and (b) any ideas, concepts, know-how or techniques contained in Your Submissions for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or offering services which, in each case, use or such information.

5.2 Account Registration Information. At registration, you are required to submit (a) an screen namethat will be your player name, (b) a password, (c) your e-mail address, and (d) such other information as TheGiveawayGuys may request from time to time as indicated on the registration page or by other notice to you. TheGiveawayGuys reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. By registering for an account, you agree that TheGiveawayGuys may publish and display your player name and tournament records.

5.3 Information Required to Receive Prizes. In order to be awarded prizes for tournaments you will need to submit certain personally identifiable information ("PII") which may include your name, picture, voice, likeness and certain biographical information. You hereby authorize TheGiveawayGuys and its affiliates to print, publish, broadcast and use, worldwide, in any media and at any time any such PII so provided, without compensation to you, for their joint or respective promotional purposes. The term "PII" and TheGiveawayGuys's rights to collect and use your PII are explained in the TheGiveawayGuys Privacy Policy.

5.4 Accuracy of Your Submissions. You represent and warrant that the content in Your Submissions (a) is complete and accurate, and (b) does not and will not infringe on the intellectual property rights of TheGiveawayGuys or any third party. Knowingly submitting materially incomplete, inaccurate, or infringing content (i) may, in TheGiveawayGuys's sole discretion, result in immediate termination or suspension of your account and/or your prosecution, and (ii) will result in the forfeiture of any prizes to which you are otherwise entitled.

SECTION 6: OTHER SITE RULES FOR PARTICIPATION

6.1 Compliance with Laws; Personal Responsibility for Compliance; No Transfer of Accounts or Rights. You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and you are solely responsible for obeying those laws. You are solely responsible for your compliance with the Terms of Use set forth in this document. You may not allow any other person to use your account to access the Site or participate in Site activities, or to earn or accept prizes or gifts through your account or on your behalf. Without limiting the foregoing, you understand that your account is not transferable to any other person.

6.2 No Multiple Accounts; No Unauthorized Accounts. You may establish only one account per person and per computer or address. In order to prevent or terminate the establishment of unauthorized accounts, TheGiveawayGuys reserves the right to (a) monitor account registrations and information, and (b) require validation of accounts, including but not limited to, requiring that a user submit a copy of a valid government-issued ID. If TheGiveawayGuys discovers that you have opened more than one account per person, it may, in its sole discretion, (a) close down all but one of your accounts (and shall determine which account to leave open), and (b) terminate all of your accounts. In addition, you will forfeit any unpaid prizes, gifts or fees which may be then associated with any of your accounts. TheGiveawayGuys also reserves the right to deny access to or terminate the accounts of any player who is found to reside outside the U.S. or otherwise not meet the eligibility requirements of Section 2, or of anyone who uses proxy servers and/or IP addresses of geographical areas outside of the U.S.

6.3 User Communication Rules. Your use of any TheGiveawayGuys Community Feature is subject to the following rules and restrictions (the "Rules of Conduct"):

Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind is not permitted.
Site player names will be displayed as 'Your Name'; impersonating other players or TheGiveawayGuys employees or affiliates is not permitted.
Opinions or comments are welcome but attacking (flaming) individuals, companies or products is not permitted.
Hate language or other offensive or discriminatory content is not permitted.
Content should be limited to communications relating to Site Materials, including games and tournaments.
You should not share personal information (your name, phone number, home address) with others on the Site.
Sharing your user name and/or password is prohibited.
No advertising of any kind is allowed in messages or other communications, including, without limitation, the advertising or promotion of other companies or URLs.
No third party copyrighted materials are allowed in messages or other communications.
Neither TheGiveawayGuys or its affiliates are responsible for any information, material or other content you choose to post, transmit, submit or otherwise disclose to or via TheGiveawayGuys Community Features.
Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
Determination of a user's compliance with these rules shall be made by TheGiveawayGuys in its sole discretion. TheGiveawayGuys reserves the right, in its sole discretion, to (a) terminate the account of and ban from Site participation users who violate the Rules of Conduct or who in any way abuse the community purpose of the Site, and (b) remove any user-submitted content for any reason. Notwithstanding the foregoing, a failure by TheGiveawayGuys to impose any penalty for violations of the above Rules of Conduct or to remove any impermissible content or transmittal shall not be deemed a waiver of any such violation and TheGiveawayGuys shall have no liability to you or any third party for its failure to enforce the Rules of Conduct in each or any instance.

6.4 Anti-SPAM Policy. TheGiveawayGuys vigorously opposes the practice commonly referred to as "Spam". TheGiveawayGuys will, immediately and without prior notice, suspend or terminate the accounts of Site users who appear, as TheGiveawayGuys may determine in its sole discretion, to be using the Site to send, promote, facilitate or otherwise participate in Spamming. TheGiveawayGuys defines "Spam" as:

Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or which are not sent at the request of, or with the express consent of, the recipient;
Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ).
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of such a violation to: abuse@TheGiveawayGuys.com. TheGiveawayGuys will evaluate each reported abuse incident on a case-by-case basis and will suspend or terminate the accounts of users who appear to have violated the terms of its Anti-Spam Policy (as determined by TheGiveawayGuys in its sole discretion). Any such account suspension or termination will also result in the immediate forfeiture by the offending user of any unpaid prizes on account. Termination may also result in a prohibition against any future membership by such user in the Site.

6.5 No Cheating or Site Abuse. The use of any unfair methods or practices in connection with Site tournaments or other Site activities (collectively "Site Abuse") is strictly prohibited. Site Abuse shall include, by way of example but not as an exclusive listing thereof, any (a) opening and/or use of multiple accounts, (b) solicitation of other players to ask for or offer "cheats" or aids, (c) use of unauthorized or altered software or hardware to assist play, (d) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "sandbagging"), (e) harassment of other participants, (f) use in a tournament of automatic, macro, programmed, or similar methods, and (g) attempt to gain unauthorized access to the Site's systems or any account, to damage the Site or interfere with its procedures or performance, or to commit fraud on the Site or its participants or contributors.

6.6 Site Activity Monitoring. You understand and agree that TheGiveawayGuys reserves the right to monitor all Site activity and Site participation by users in order to (a) enforce these Terms of Use, (b) maintain and enhance Site performance and offerings, (c) maintain and enhance Site integrity, reputation and user experience, and (d) for other business purposes of TheGiveawayGuys and its affiliates. Without limiting the foregoing, you understand and agree that by registering for a TheGiveawayGuys account and/or participating in any Site activity, you are authorizing TheGiveawayGuys to access your account information and review your Site participation in order to investigate complaints against you, allegations of Abuse by you, and/or Site activity conducted under your user name or account.

6.7 Sanctions. Any violation of any of these Terms of Use by you or someone who has accessed your account and/or is participating in Site activities under your name may subject you to immediate sanctions (as determined by TheGiveawayGuys in its sole discretion) including the termination or suspension of your account(s), the forfeiture or voiding of any unpaid prizes or gifts, or prosecution for violations of law.

SECTION 7: PRIVACY POLICY

7.1 Collection of Information by Site. The Site collects both PII and Non-Personal Information (NPI) such as general demographic and other market information that does not personally identify you. Please see the TheGiveawayGuys Privacy Policy for an explanation of what PII and NPI is collected from you, how it is used and with whom it is shared.

7.2 TheGiveawayGuys Emails. TheGiveawayGuys utilizes e-mails to notify you when you win drawings, and to let you know of special promotions, events and policy changes. See our Privacy Policy for a discussion of how to opt out of emails.

SECTION 8: DRAWING RULES AND PROCEDURES

8.1 Odds of Winning. Your chance of winning a drawing offered on the Site depends on the number of entries you submit for each prize.

8.2 Prizes. Prizes are generally merchandise or gift certificates and are sent directly to the physical address provided by the winner. You may request to be given an award of cash in lieu of merchandise; however, TheGiveawayGuys is under no obligation to grant such request. If TheGiveawayGuys elects, in its sole discretion, to offer a cash payment in lieu of any prize won, TheGiveawayGuys reserves the right to determine the exact amount of the cash offer which may be less than the value of the prize originally offered. You may elect to accept the cash offer, accept the original prize, or decline both and take nothing; the decision you make must be communicated to the Site via email. If you decline both the merchandise prize and the cash offer, you will be deemed to have waived your right to receive either one. If a prize is not claimed within 7 days following the announcement of the winner, the prize will be waived and the winner shall have no further right to the same. If a Limited Entry tournament closes prematurely for any reason, TheGiveawayGuys reserves the right to modify, in its sole discretion, the type or amount of the prize associated with such tournament, taking into account how full the tournament was at the time it was closed and other factors.

8.3 Merchandise Prize Substitution. TheGiveawayGuys reserves the right to substitute for any merchandise prize a cash equivalent (determined by TheGiveawayGuys's estimated cost to obtain the merchandise prize and not the manufacturer's suggested retail price or any other price) if (a) the level of participation in a tournament is lower than anticipated by TheGiveawayGuys, (b) a prize has become unavailable, (c) there are logistical difficulties in shipping the prize, or (d) for any other business reason. Players cannot return prizes for cash credits or exchange prizes which have already been shipped for cash credits or other prizes or credits.

8.4 Taxes; Delivery. Users are responsible for any income taxes associated with their receipt of prizes or gifts from TheGiveawayGuys. Shipping costs for gifts or prizes consisting of merchandise are borne by TheGiveawayGuys. Shipment will be F.O.B. Origin; this means that TheGiveawayGuys is not liable for any damage incurred during shipping. Most merchandise will ship (but is not guaranteed to ship) within 60 days of the date the prize is claimed by the winning player. However, delays in delivery may occur and you understand and hereby agree that neither TheGiveawayGuys nor its affiliates nor the manufacturer or vendor of such merchandise will be liable to you for damages, expenses, costs, or losses or any kind resulting from any such delay.

8.5 Merchandise Prize Warranties. Merchandise awarded as prizes or gifts in connection with your participation in Site activities is provided and delivered "AS IS". TheGiveawayGuys offers no warranty of any kind and expressly disclaims any warranty, express or implied, with respect to any such merchandise (including, without limitation, "collectible" gifts or prizes), including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or warranties implied through custom or trade, or warranties of genuineness or authenticity. The only warranty associated with merchandise prizes or gifts is the warranty, if any, supplied by the manufacturer of the merchandise. You expressly agree to release and hereby do release TheGiveawayGuys and its affiliates from any and all damages, costs, expenses, claims, liabilities or losses of any kind which you (or anyone claiming through you) or any third party may incur as a result of a defect in any merchandise which may be provided to you as a prize or gift or otherwise in connection with your participation in Site activities.

8.6 Travel Prizes. Prizes involving travel and tourism will depart from and return to a specified list of cities. Any player who wins such a prize and wishes to depart from a city not on the specified list will be required to provide his or her own transportation to one of the specified cities. Information required to make the reservations for a travel prize, including the names and ages of all travelers, departure city, and, if applicable, choice of travel dates, must be provided within one week of the initial request for such information or the prize will be forfeited. All travel is undertaken expressly at the winner's own risk. TheGiveawayGuys is not responsible for any damage, injury, expense, cost, loss or other liability incurred by you or any third party in connection with (a) any travel or travel-related activities, and/or (b) any cancellation, postponement, rescheduling or quality control issues with respect to fulfillment by the third-party travel or tourism providers.

8.7 Other Prize Restrictions. For prizes requiring local, state or federal licensing or approval (e.g. a driver's license for an automobile), players must provide evidence of such licensing or approval within one week of the initial request for such information or the prize will be forfeited. Players who are unable to provide a United States tax identification number or social security number are not eligible to win more than two prizes in any calendar year.

SECTION NINE: TERMINATION; SUSPENSION OF ACCOUNTS

TheGiveawayGuys reserves the right to terminate or suspend your account, limit or prohibit your participation in any game, tournament or tournament type, modify your rank or point totals, or terminate, suspend or limit your participation in any Site activity, for any reason in its sole discretion, including but not limited to any Site Abuse (see Section 6.4), violation of any of the terms and conditions of these Terms of Use, or as TheGiveawayGuys may, in its sole discretion, decide is advisable or necessary to maintain the integrity of the Site and its operations.

SECTION TEN: NO WARRANTY; LIMITATION ON LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SOFTWARE ARE AT YOUR OWN RISK. THE SITE AND THE SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT TheGiveawayGuys DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TheGiveawayGuys, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES, ERRORS IN CALCULATING GAME AND TOURNAMENT SCORES AND WINNERS, PRIZE SUBSTITUTIONS OR OTHER TOURNAMENT RELATED ERRORS.

Without limiting the foregoing, you understand and agree that neither TheGiveawayGuys nor its affiliates are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.

SECTION 11: INDEMNIFICATION

By registering and/or participating in any Site activity, you hereby agree to indemnify, defend, and hold the employees, officers, directors, members, agents, content providers, licensors, licensees, distributors, and agents of TheGiveawayGuys LLC and its affiliates harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in connection with or arising directly or indirectly from your use of the Site, whether or not in compliance with these Terms of Use.

SECTION TWELVE: MISCELLANEOUS PROVISIONS

12.1 Changes to Terms of Use. As stated above, TheGiveawayGuys may, from time to time and at any time, amend these Terms of Use in whole or part, in its sole discretion. TheGiveawayGuys will try to give you five days advance notice of any such amendment but reserves the right to implement the amendment immediately upon posting, without prior notice, if it believes it is important to do so. Any changes to these Terms of Use will be effective as of the date indicated at the top or bottom of these Terms of Use. Depending on the materiality of the change, TheGiveawayGuys may announce the change (1) on the home page of the Site, or (2) provide such notice via e-mail to Members. By continuing to use the Site following any changes or by maintaining your account with the Site, you will be deemed to have agreed to such changes.

12.2 Termination of Account/ Deinstallation. Members of the Site who are unwilling to accept or comply with any provision of these Terms of Use must immediately terminate their accounts with TheGiveawayGuys.com. Accounts may be terminated by emailing unsubscribe@TheGiveawayGuys.com, by going to http://www.TheGiveawayGuys.com/deactivate.php, or by selecting the appropriate entry in your Control Panel using the "Add or Remove Programs" icon. TheGiveawayGuys reserves the right to terminate the account of any Site member who violates its policies and rules.

12.3 Governing Law and Disputes. These Terms of Use will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law. You agree that the sole and exclusive venue for the resolution of any claim arising under or in connection with these Terms of Use shall be in a court of competent jurisdiction located in Orange County, California or in the greater Los Angeles, California metropolitan area, and you hereby (a) consent to the personal jurisdiction of such courts with respect to any such proceeding, and (b) waive any objection to such venue including, without limitation, the objection of forum non conveniens.

12.4 Entire Agreement; Construction. These Terms of Use, including the terms of the TheGiveawayGuys Privacy Policy incorporated by reference herein, and other rules and provisions detailed in writing on the Site, constitute the entire agreement between you and TheGiveawayGuys and can only be modified by TheGiveawayGuys. To be clear, these Terms of Use cannot be modified by you or any other individual, whether or not such individual claims affiliation with TheGiveawayGuys. If any provision in these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severed from the other provisions which shall not be affected by such severance and shall continue in full force and effect.