Terms of Service

THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, PLEASE LEAVE OUR SITE IMMEDIATELY. THIS SITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

By using this Site, you are confirming that you are above the age of 13.

This Terms of Service Agreement (“Terms of Service”) is a legal agreement between you and MOMARES, LLC (“Sweeppea,” “we”, "our", or “us”), and governs how you may use our website (the "Site") and the apps, services and tools provided at the Site and any additional websites or mobile or desktop applications we may develop (the “Services”) following the effective date of these Terms of Service. When you browse our Site or utilize our Services, you are confirming your understanding of, and agreement with these Terms of Service. For all questions about how we use the information we obtain through your use of the Services, please review our Privacy Policy. By using the Services, you agree to also be bound to the Privacy Policy, the terms of which are incorporated herein by this reference. Any rights not expressly granted herein are expressly reserved by MOMARES, LLC.

Site Description

The purpose of our website is to describe and deliver our Services, which enables our registered users (“Customers”) to create, manage, and administer sweepstakes, contests, and similar promotions (collectively, “Promotions”) and to configure, collect, and manage consumer data using the software tools we provide. In some cases, we host our Customers’ Promotions on this Site, in which case consumers desiring to participate in such Promotions (“Participants”) will be directed to this Site by our Customers for that purpose. This Site may also be used by third parties seeking to work with Customers to assist them with promotional activities, as further discussed in Section 5 of these Terms. This Site is comprised of trademarks, service marks, logos, written copy, images, audio or video recordings, and other information, which shall henceforth be referred to as “Content”).

For Participants Entering Customer Promotions

If you are a Participant visiting this Site to enter one of our Customer’s Promotions, please know that your participation is solely governed by the Official Rules of the Promotion as devised by our Customer, and (if applicable) by the Terms of Service published on our Customer’s website. Please be certain to read the Official Rules carefully, and do not participate in a Promotion unless you understand and agree to them.

(a) Our Relationship with our Customers:

Our sole role is to provide our Customer with the Service. We are not providing our Service to you, and any issues or disputes that may arise between you and the Customer in connection with a Promotion or otherwise must be resolved solely between you and the Customer.

(b) Your Participation In Any Promotions Are At Your Sole Risk.

Sweeppea makes no representations whatsoever concerning the way our Customers design or operate their Promotions, or any products or services they may offer, and hereby disclaims any and all such representations. We are not responsible or liable for the Promotion management, including prize selection and fulfillment, the accuracy of any descriptions of the Promotion; or our Customers business practices.

If you do elect to participate in a Promotion, please note that you will be sharing certain information with us, the extent of which is determined by the Customer who designed the Promotion. By participating, you are expressly agreeing to provide us with whatever information is required by our Customer, which will be used in accordance with our Privacy Policy.

Becoming a Customer

When you complete the registration process by entering your name, company name, email address, and mobile number, you will be allowed to access our Services. We have the sole right, at our discretion, to deny or revoke the use of our Services to anyone for any reason. You are responsible for maintaining the confidentiality of your username, password or any other piece of information provided through use of or access to the Site and for restricting access to and disclosure of such information. You agree to accept responsibility for all activities that occur under your account, including, without limitation, unauthorized usage of your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree that Sweeppea shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Using the Service

By using our Services, you are responsible for any Content you provide, and you understand that you are solely responsible for all parts of your Promotions, including, without limitation, Promotion design, administration, prize selection, and prize fulfillment, and confirm your understanding and agreement with the following:

(a) Your Legal Obligations when using the Services as “Self-Service”

When using the Services as “Self-Service” we provide the platform to assist you to configure, collect, and manage Participant Data. We have no role in the design, administration, or any other aspect of your Promotion, and will not advise or assist you to comply with your legal obligations in connection with your Promotion, including (but not limited to), drafting rules, registering sweepstakes in states that require it, obtaining bonds, collecting releases, issuing tax forms, or any other legal requirement. We may make generic sweepstakes or contest rules available for you to modify to suit your Promotion but make no representations or warranties whatsoever as to whether they are legal or appropriate, and hereby disclaim any such representations and warranties in full. Your use of any information we may provide is at your sole risk. You should always seek advice and information from qualified legal professional before operating a Promotion.

(b) Domestic and International Laws Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service, including but not limited to sweepstakes laws and privacy laws. Sweeppea reserves the right to investigate complaints or reported violations of Terms of Service and to take any action we deem appropriate, including but not limited to canceling your Customer account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

We do not allow any Promotion directed to children under the age of 13, or in which such children may otherwise participate, and you are not allowed to offer any promotions targeting children under 13 if using our Services.

(d) Customer Content

Any written text, images, audio or video recordings, and other information you upload to our Site in connection with a Promotion or for any other reason shall hereafter be referred to as “Customer Content.” By uploading Customer Content, you warrant to Sweeppea that you have legal right the use of such Customer Content. Sweeppea does not make any ownership claims to your Customer Content. However, by uploading Customer Content, you grant Sweeppea a perpetual, world-wide, royalty-free, irrevocable license to use, display, and redistribute your Customer Content in any form we see fit unless we agree to separate Non-Disclosure Agreement.

If your Customer Content is reported as being in violation of third-party rights, offensive or inappropriate, we may ask you to retract or modify the questionable content within 24 hours. Should you fail to do so, at our sole discretion, we may elect to cancel your Customer account without further notification to you. We also reserve the right to have sole discretion to remove any Customer Content that violates our Terms or is otherwise objectionable to us and our discretion. You acknowledge that Sweeppea is NOT liable for loss or damage to Customer Content. We do not offer backups of your Customer Content.

Account Fees, Billing, and Credit Card Chargebacks

Sweeppea offers a subscription based service. By subscribing to a plan, you are agreeing to pay all fees associated with your account. If we are unable to charge your credit card for the fees incurred, we reserve the right to suspend and/or close your account.

It is your responsibility to manage your account, as well as the billing plan you have selected. Sweeppea offers a self-service billing section that allows you to begin or cancel your billing at anytime. If you wish to cancel your account, you may do so at anytime on the billing page. To avoid being billed for your next subscription period you must cancel at least 24 hours prior to the termination of your subscription period to avoid being charged.

We do not provide refunds or credits for unused periods, Days or partial periods.

We understand that there may be a situation where you may not recognize a charge from Sweeppea or you may wish to dispute a payment made to Sweeppea. You agree to contact Sweeppea prior to raising a request for a chargeback or any dispute with your bank or credit card issuer in relation to any transaction made on the Sweeppea website.

We understand that chargebacks can happen for a variety of reasons and we will work directly with you to address your concerns. However, if you make a payment to Sweeppea, and later dispute a legitimate payment by raising a chargeback without contacting us to resolve the issue first, then we reserve the right to terminate your account, including all data associated with the account.

Customer Guidelines

When using the Service:

Do not post any Customer Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way or for any reason, as may be determined by us at our sole and absolute discretion;
Do not harm, threaten, or otherwise harass any other person or entity;
Do not attempt to host any Promotion directed to children under 13 on our Site;
Do not Utilize the Service to conduct a Promotion that is illegal, immoral, or is otherwise objectionable, as may be determined by applicable law or by us at our sole and absolute discretion;
Do not disseminate or transmit any Content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Do not transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Do not post any Content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission;
Do not impersonate any other person or entity; or
Do not facilitate violations of these Terms of Service or our Privacy Policy.
Do not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
Do not remove or obscure the copyright notice or other notices displayed in connection with the Content accessible through the Site or Services;
Do not interfere with or disrupt the Site, Services, or servers and networks connected to the Site or Services, or circumvent, disable or otherwise interfere with security-related features of the Site and Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site and Services;
Do not modify the Site or Services in any manner or form, or use modified versions thereof;
Do not sell, assign, sublicense, or otherwise transfer any right in the Content accessible through the website,
Do not use any robot, spider, scraper, or other automated means to access the Services for any purpose;
Do not take any action that imposes or may impose an unreasonable or disproportionately large load on the Sweeppea infrastructure as we may determine in our sole discretion; or
Affiliate offers, referral links, CPA offers, cryptocurrency promotions, and sneaker raffles are prohibited on our platform.

Trademark and Copyright

All Content used and displayed on this Site (other than Customer Content) include registered and unregistered trademarks, service marks, and copyrighted material belonging to Sweeppea and others, or are otherwise protected by copyright laws. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content without our prior, written permission.

“As Is” No Warranty

THE SITE AND OUR SERVICES ARE BOTH PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. SWEEPPEA MAKES NO GUARANTEES OR WARRANTIES AS TO THE WHETHER THE SERVICES WILL OPERATE CONSISTENTLY AS INTENDED, OR BE FREE OF BUGS OR OTHER DEFECTS, OR THAT ANY OF THE COTNENT DISPLAYED WILL BE ACCURATE, COMPLETE, TIMELY, OR CURRENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WHERE ALLOWED BY LAW.

GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Florida.

Limitation of Liability and Release

In no event shall Sweeppea be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Site or the Services including without limitation to losses incurred due to:

(a) the design, administration, management, and operation of any Promotions;
(b) the failure of any Customer to award or fulfill a prize, or otherwise operate a Promotion in accordance with the applicable rules;
(c) any inaccurate information published on the Site or Services;
(d) your business dealings with any Customers, Participants, third party advertisers or marketing affiliates;
(e) damages or losses of any kind, including, without limitation, injuries or death, resulting from your use of the Services or participation in a Promotion;
(f) any actions you take in reliance upon any information provided by the Site or Services;
(g) any other damages or losses you may incur in connection with your use of the Site or Services.

Sweeppea is not responsible for examining or evaluating the business practices, actions, omissions, or services of Customers whose Promotions are hosted on this Site, or the Participants who enter such Promotions. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A CUSTOMER OR PARTICIPANT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SWEEPPEA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

Indemnification

BY USING THE SITE AND/OR THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SWEEPPEA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.

Dispute Resolution

BY USING THE SERVICES THE CUSTOMER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY CUSTOMERBE PERMITTED TO OBTAIN ANY AWARD FOR, AND CUSTOMER HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) CUSTOMER’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CUSTOMERIRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

The Customer agrees to fully and finally settle all disputes pertaining to the use of the Services only through binding arbitration (in each case, a “Dispute”); provided, however, (a) Sweeppea shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to Miami, Florida and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.

The Customer agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Services shall be resolved solely by binding arbitration before a sole arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA, and, where appropriate, available at the AAA website: www.adr.org, unless otherwise mutually agreed between the parties. If an in-person hearing is required, except as otherwise required by applicable AAA rules or applicable law, then it will take place in Chicago, Illinois. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either the Customer or Sweeppea. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the Dispute must be brought in a court of competent jurisdiction in Miami, Florida. Sweeppea agrees to pay the administrative and arbitrator’s fees to conduct the arbitration (but specifically excluding any travel or other costs of the Customer to attend the arbitration hearing). If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami, Florida and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either the Customer or Sweeppea related in any way to the Services commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Customer nor Sweeppea will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other Customers. You and each Party also agree that each Party may bring claims against the other in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Copyright

All Content on this website and any intellectual property rights embodied therein are the property of or licensed to Sweeppea or its Customers. Unless otherwise stated herein, none of the Content may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Sweeppea or the original copyright holder.

We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing Content.

Deleting Information and Your Account

You can automatically delete information from within your account using the provided options to delete Content, or Participants.

To delete your entire account, contact us directly at help@Sweeppea.com. Deleting your account may not automatically make some content you've created go away. We may retain certain information as required by law or as necessary for our legitimate business purposes.

Modification and Notice of Changes

Sweeppea reserves the right to modify these Terms of Service at any time. If we elect to modify these Terms, we will post a notice informing users of the change on the Site. You are responsible for reviewing the modified Terms of Service, and accessing this Site after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms, please discontinue use of the Site and Services immediately. Unless specifically stated otherwise, any new features, products or services added to the Site shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.

Entire Agreement

This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between us.

Severability

If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.