Terms and Conditions
Agreement to be bound by Terms and Conditions: These Terms and Conditions set forth the legally binding terms for your use of the WhoGets.comTM website and of your entry into the Contest. By using WhoGets.comTM and/or by participating in the Contest in any way, you agree to be bound by these Terms and Conditions, whether you are a visitor, member, and/or Contest entrant.
Please read these Terms and Conditions carefully. If you do not agree with them, you should leave WhoGets.comTM immediately and you should not participate in the Contest.
Official Rules: The Official Rules are hereby incorporated into this agreement. In the event of any discrepancy or inconsistency between the Official Rules and the Terms and Conditions, the applicable provision of the Terms and Conditions shall prevail. You are advised to carefully review the Official Rules.
Privacy policy: Please review our privacy policy, which also governs your visit to WhoGets.comTM and your participation in the Contest.
User responsibility to protect account information: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You further agree to accept responsibility for all activities that occur under your account or password.
For your safety, WhoGets.comTM does not publicly display last names. Users, at their own discretion, may have their IP, first name, city and state, and bio publicly displayed in their member profile. Users of WhoGets.comTM and Contest Participants are urged to take precautions and use common sense in disclosing personal information in their bio and/or in any comments posted on the site.
Electronic communications: When you visit WhoGets.comTM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Fraudulent correspondence: Beware of fraudulent e-mails. All correspondence from WhoGets.comTM will come from WhoGets.comTM e-mails and none other. Any requests for information will be redirected to the official WhoGets.comTM site. You can confirm any request for information in the WhoGets.comTM account manager.
Structure of Contest: Please see official rules for Contest specifics and information on how to enter.
Valid entries: Only one entry per household per contest is allowed. More than one entry from any person or e-mail address will void all entries from that person or e-mail address. Entrants may not enter with multiple identities. Any entrant who attempts to participate with multiple identities will be disqualified and all such entries will be deemed invalid.
No computer automated entries permitted. The use of anonymous proxy servers to create member accounts is prohibited. Entries made via the aforementioned methods shall be deemed invalid. Furthermore, international IPs are banned.
WhoGets.comTM reserves the right to invalidate any entries from any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest; to be tampering with the WhoGets.comTM website; to be in violation of the Official Rules or Terms and Conditions; to be acting in a non-sportsmanlike or disruptive manner; or to be acting with intent to annoy, abuse, threaten, or harass any other person.
Without regard to the above stipulations, WhoGets.comTM reserves the exclusive and unilateral right to deem an entry invalid at any time and any for any reason, without or without notice to the Contest Participant.
All entries become the sole property of WhoGets.comTM and none will be returned.
Lost or damaged entries: WhoGets.comTM assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; or theft, destruction, or unauthorized access to or alteration of entries. WhoGets.comTM is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; failure of computer equipment or software; or failure of any e-mail or entry to be received by WhoGets.comTM on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest. WhoGets.comTM is not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries.
Eligibility: Contest is open to members of WhoGets.comTM; membership is free. An eligible person is allowed to create only one member profile. There is a limit of two members per household. No person may win a Contest prize more than once in any three-month period.
Contest entrants must be at least 18 years of age. Entrants found to be under the age of 18 will be disqualified and not added to our mailing list or our partners' lists.
Entrants must reside in and be a legal resident of the United States. Residents of New York, Florida, and Rhode Island are not eligible at this time
Employees of Arcavate, their parents, subsidiaries, affiliated companies, and agents and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each such employees, and all those with whom such employees are domiciled, are NOT eligible.
WhoGets.comTM reserves the right to place additional limitations on eligibility for particular contests, such factors may include, but are not limited to, geographic location and occupation. Contestants are responsible for determining whether such eligibility limitations apply to a particular contest or promotion.
Voting: A member can vote once in any Contests. Organized voting in groups to influence multiple Contests is prohibited.
Tie: In the event of a tie after the final period, the contest will be extended in 24 hour periods until the tie is broke.
Notification to winners: Potential winners will be notified by e-mail.
Claiming prizes: Prizes must be claimed by the winners within 30 days of notification that they have won. Prizes are nontransferable and must be accepted as awarded. Prizes may take up to or over 10 weeks for delivery, depending on the Prize.
Verification of winning entrants: Winners agree to be subject to verification procedures. Winners will be required to fax or e-mail a photo identification and also may be required to have an address verified account (i.e. paypal, google checkout, or other). In certain situations, you may be subject to other verification that WhoGets.comTM deems necessary.
Dispute over identity of winning entrants: In the event of a dispute over Winner identity, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Disqualification of winning entrants: Winners in certain circumstances may be required to complete, execute, and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 14 days of notification. If a potential Winner cannot be contacted or does not return any and all required documents within 14 days after the first attempt to contact such potential Winner, an alternate winner will be selected from all entries received.
If the Prize notification and/or Prize is returned as non-deliverable, the Winner will be disqualified and an alternate Winner will be selected.
If the Winner is found not to be in compliance with the Official Rules and/or Terms and Conditions, the Winner will be disqualified and an alternate Winner will be selected.
Substituted and damaged prizes: WhoGets.comTM reserves the right to substitute prizes of equal or greater value; winners do not have any right to substitution of prizes. Prizes that are not claimed remain the property of WhoGets.comTM. No cash or other substitution may be made, except by WhoGets.comTM in the event that the Prize cannot be awarded for any reason. Where a Prize consists of tickets for a sporting event, concert, movie, play, or similar event, WhoGets.comTM will not be responsible for cancellation. In that event, the Winner must deal exclusively with the promoter of the event.
WhoGets.comTM and Arcavate are not responsible for lost or mutilated prizes and none will be replaced.
WhoGets.comTM will not be responsible for mail that has been lost, damaged, or delayed.
Taxes and fees: All taxes, fees, duties, and surcharges on prizes are the sole responsibility of winner.
Forfeiture of prize(s): Should it be found that member or voting fraud has occurred, that member will forfeit his Prizes and will be banned from WhoGets.comTM and any future contests.
If the Winner does not supply WhoGets.comTM with correct shipping address within 14 days, the Prize will be forfeited.
Publicity: By entering any WhoGets.comTM contest, winners grant WhoGets.comTM, including those acting under WhoGets.comTM's control, unqualified permission to use Winner's name, picture, voice, likeness, and biographical information in Contest-related advertising, promotion, and publicity. Such permission grants WhoGets.comTM, and those acting under WhoGet.comTM's control, the right to use the aforementioned worldwide, in perpetuity, and in any media now known or hereafter developed. Such use will be made without further compensation, notification, or permission, unless prohibited by law
Copyright: All content included on this site, including but not limited to text, graphics, logos, button icons, images, digital downloads, and data compilations, is the property of WhoGets.comTM and is protected by United States and international copyright laws. All software used on this site is the property of WhoGets.comTM or its software suppliers and is protected by United States and international copyright laws.
TRADEMARKS: WhoGets.comTM and other WhoGets.comTM graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of WhoGets.comTM in the United States and/or other countries. WhoGets.comTM's trademarks and trade dress may not be used in connection with any product, service, and/or contest that is not WhoGets.comTM's.
License to access site: WhoGets.comTM grants you a limited license to access and make personal use of this site.
This license does not include the right to download (other than page caching) or modify the site, or any portion of the site, except with express written consent of WhoGets.comTM.
This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of membership information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WhoGets.comTM.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of WhoGets.comTM without express written consent. You may not use any meta tags or any other "hidden text" utilizing WhoGets.comTM's name or trademarks without the express written consent of WhoGets.comTM.
WhoGets.comTM reserves the exclusive right to terminate and/or revoke this license, at any time, for any reason, without or without notice to the site user.
Disclaimer of warranties and limitation of liability: THIS SITE IS PROVIDED BY WhoGets.comTM ON AN "AS IS" AND "AS AVAILABLE" BASIS. WhoGets.comTM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WhoGets.comTM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
WhoGets.comTM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM WhoGets.comTM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WhoGets.comTM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Agreement to hold harmless: Contest Participants release and agree to hold harmless Arcavate Corporation, WhoGets.comTM, the Sponsors, merchants and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss or damage of any kind to person, including death and damage to property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Contest, or participation in any Contest-related activity.
Applicable law: By visiting WhoGets.comTM and/or entering the Contest, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern the Terms and Conditions and Official Rules and any dispute of any sort that might arise between you and WhoGets.comTM or its affiliates.
Interpretation of Official Rules and Terms and Conditions: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules and Terms and Conditions, or the rights and obligations of Participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the city of Charlotte, North Carolina, County of Mecklenburg.
Severability: If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Arbitration and disputes: As a condition of participating in this Contest, you agree that any and all disputes relating in any way to your visit to WhoGets.comTM, your entry in this Contest, the determination of winners, claims and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses, including but not limited the costs associated with entering this Contest. Participant further waives all rights to have damages multiplied or increased.
The above stipulations relating to arbitration of disputes do not apply to WhoGets.comTM's right to seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina if you have in any manner violated or threatened to violate WhoGets.comTM's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
Damage caused to website: Any attempt to deliberately damage any part of this website or undermine the operation of the site and contests is a violation of criminal and civil laws. Should such an attempt be made, Arcavate Corporation reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.
Exclusive right to modify Terms and Conditions: We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time.
Right to terminate or suspend Contest: If, for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of WhoGets.comTM, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, WhoGets.comTM reserves the right to cancel, terminate, modify or suspend the Contest, and conduct a random drawing to award the Prize using all eligible non-suspect entries received as of the termination date.
If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.WhoGets.com/cancelledcontests.
Contact information: The Sponsor of this Contest can be contacted at the address below:
Contest Administrator
Arcavate Corporation
2101 Sardis Road N, Suite 207
Charlotte, NC 28227-6792
