Terms and Conditions

 

This Terms of Use Agreement (“Agreement”) is a contract between you and Cybermillions (as defined below) that applies to your use of the Cybermillions website (the “Site”) to participate in the promoted sweepstakes or use any other services offered through the Site or via the official Cybermillions mobile application (the “App”) (together, the “Services”). By using any of the Services, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy, and you acknowledge and agree that you will be bound by these agreements and policies. When this Agreement mentions “Cybermillions,” “we,” “us,” or “our,” it refers to the entity (as defined below) which is providing the Services.

  1. Services 

Cybermillions provides opportunities to win once-in-a-lifetime experiences ("Prizes") to certain lucky winners of the sweepstakes promoted on the Site ("Sweepstakes"). Eligible persons (as defined in the Official Sweepstakes Rules) may participate in our Sweepstakes by creating an account with Cybermillions and by donating to a good cause or submitting free entries. Since we are a charitable organization, donations are encouraged, but no purchase, payment or other financial contribution is necessary to enter or win a Sweepstakes. 

Our Official Sweepstakes Rules and any other rules and regulations applicable to such Sweepstakes (collectively, the "Rules") govern the Sweepstakes. If any provision in this Agreement conflicts with or is inconsistent with any material provision of the Rules, such conflicting provision contained in the Rules will govern. 

We reserve the right, in our sole discretion, to add, change, modify, suspend or discontinue any portion of the Services from time to time and at any time 

  1. Donations 

While we offer an opportunity to enter the Sweepstakes for free, we encourage you to enter by donating money to the charitable cause listed on the promotional page for each of our Sweepstakes. Cybermillions is supporting charitable organizations across the globe by donating a portion of the proceeds from each Sweepstakes to one or more specific charities. You can learn more information about the charity that will receive a portion of the donations from a particular Sweepstake by visiting the promotional page for each Sweepstake on our Site. 

  1. Refunds and Exchanges 

If you make a donation through the Site or App, you will be entered to win the Prize featured on the promotional page of the Sweepstake through which you donated. All donations are non-refundable. For information regarding where your money will be contributed, see the Donations section of this Agreement. 

The winner of a Sweepstake offered by Cybermillions has no right to exchange his or her Prize or receive a monetary award lieu of such Prize, including Prizes that are rescheduled or substituted by Cybermillions in accordance with the Force Majeur section of this Agreement. 

  1. Registration; Account; Security of User Information 

To use certain portions of the Site and our Services, you will be directed to register on the Site and create an account. Eligibility is limited to persons equal to or over the age of 21. To register for an account, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Cybermillions for purposes of creating an account will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this Agreement and may result in the immediate termination of your Account. It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information.

 

In creating an account, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use multiple email addresses to enter a Sweepstake, (c) use a name subject to the rights of any other person without authorization, (d) use an email address or user name that is profane, offensive or otherwise inappropriate or (e) allow any other party to use your Account and/or password except as set forth herein.

 

You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Cybermillioms by sending an email to us at our email address listed below of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you.

You are responsible for maintaining the confidentiality and security of any and all account names, User IDs, passwords and any other security feature that you use to access the Services. You are responsible for (i) keeping your email address up to date in your Account profile and (ii) maintaining the confidentiality of your User information and the security of your Account, which includes the enabling of all relevant security features. You agree to notify us immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services. Cybermillions will not be liable for any loss or damage arising from your failure to protect your account or your user information.

We go to great lengths to protect your Account, but we need you to do the same. It is important that you always protect not only your password but also the email account associated with your Account and any device used to access your Account. We strongly advise you to enable two-factor authentication: this offers you greater protection from possible attackers attempting to log in to your Account than password alone and in situations where your email and/or password is compromised by a third party data breach.

  1. Privacy Policy

 

We are committed to protecting your personal information and to helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy which provides details on how your personal information is collected, stored, protected, and used.

 

  1. Communications

When you use the Services, you agree that we may provide you with any communications in electronic format. Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically.

This Agreement is provided to you and concluded in English. We will communicate with you in English for all matters related to your use of our Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services.

  1. Taxes

 

If you participate in a Sweepstake by making a donation, your donation may be tax deductible. You should consult with a tax professional to determine if and how much of your donation may be deducted for tax purposes.

 

  1. Copyright Infringement

If you believe anything on the Site or on the App infringes upon any copyright which you own or control, you may file a notification of such infringement with by contacting us at our email address listed below.

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. Limited License

 

We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Services solely for approved purposes as determined by us. Any other use of the Services is expressly prohibited. Cybermillions reserves all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by us, you agree not to modify, reverse engineer, copy, frame, scrape, sell, loan, license, distribute, or create derivative works based on the Services, in whole or in part.

 

  1. IP Rights 

Cybermillions and all of the logos related to the Services are trademarks of Cybermillions. You are prohibited from copying or using such marks without our prior written consent. All right title and interest to the Site and any content thereon is exclusively the property of Cybermillions.

 

  1. Arbitration; Waiver of Class Action 

If you have a dispute (a “Complaint”) with Cybermillions, you agree to notify us using our contact information listed below. You agree to notify us of any Complaint before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps. 

This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND CYBERMILLIONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible athttps://www.adr.org/sites/default/files/Consumer%20Rules.pdf).

 

This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

 

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law.

 

  1. Indemnification; Release

 

You agree to indemnify and hold Cybermillions, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, or your violation of any law or regulation.

 

If you have a dispute with one or more users or third parties, you release Cybermillions (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you have a dispute with anyone other than Cybermillions, you release us from liability associated with that dispute.

 

  1. Limitation of Liability; No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYBERMILLIONS AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CYBERMILLIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.

We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. CYBERMILLIONS, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CYBERMILLIONS MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) WILL BE AVAILABLE OR PERMISSIBLE IN ALL JURISDICTIONS, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

  1. Force Majeur

 

We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

 

To the extent that an experience you win is cancelled due to any of the unforeseeable circumstances outside of our reasonable control, we will make a good faith effort to reschedule your experience or substitute your experience with a different one that we determine, in our sole discretion, to be similar and equivalent in certain respects.

 

  1. Assignment

 

You many not transfer or assign this Agreement or any rights or obligations to have under this Agreement or under or Official Sweepstake Rules without our prior written consent or otherwise. Any such attempted assignment shall be void and unenforceable.

 

  1. Unclaimed Prizes

 

If Cybermillions is unable to contact a winner of a Sweepstake for more than ten (10) days following the close of such Sweepstake, Cybermillions may select a new winner and the original winner will no longer be entitled to any Prize.

 

  1. Governing Law; Venue

 

The laws of the state of Delaware shall govern this Agreement. Any claims or actions arising out of or relating to the Services mentioned in this Agreement shall be governed and interpreted and enforced in accordance with the laws of the state of Delaware. Each person using the Services further agrees that any legal suit, action, or proceeding arising out of or relating to any Sweepstake, the Services, or this Agreement and policies and other rules of Cybermillions, shall be brought exclusively in the applicable federal or state courts located in Philadelphia, Pennsylvania.

 

  1. Amendments

 

We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement. If the revised Agreement includes a material change we will provide you with prior notice before the material change becomes effective. For this purpose, a “material change” means a significant change other than changes that (i) are to your benefit; (ii) are required to be made to comply with applicable laws and/or regulation; (iii) relates to a new product or service made available to you or (iv) to otherwise clarify an existing term.

 

  1. Entire Agreement; Enforceability; Relationsip of Parties

 

The failure of Cybermillions to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.

 

This Agreement shall not be construed to create any rights or remedies in any parties other than you and Cybermillions, and no other person shall assert any rights as a third-party beneficiary hereunder.

 

  1. Questions and Company Contact Information

 

To contact us, you may send us an email at info@cybermillions.io.   

 

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