"Account" refers to a User Account or a Brand Account as applicable to you.
"Affiliates" means a party's subsidiaries, successors, assigns, or owners, and any company that has a business relationship with them, including without limitation, managers, entertainers, agents, companies, distributors, vendors, suppliers, licensees and any of their shareholders, officers, directors, employees, attorneys, accountants or other representatives.
"Brands" refers to any person or entity with a Brand Account on the platform. Brand accounts are intended for artists, entertainment properties, talent, retail brands, performers, celebrities, sports teams, sports talent, or any person or entity that has a user or fan base and has an account on the Platform ("Brand Account") with additional functionality to engage with Users through Sweet's Platform and reward Users for their, engagement and loyalty.
"Rewards" include, but are not limited to, unique Brand merchandise, prizes, and experiences, or Sweet provided rewards and experiences. Both Sweet and Brands have flexibility to use the Platform to offer many kinds of prizes and rewards including unique prizes and one-of-a-kind items or experiences, many of which are not generally for sale or available as a service by the Brand. The place where Users can use Sugar to get Rewards from Brands and Sweet is referred to herein as the "Rewards Marketplace."
"Services" means any features, functions, services, content, rewards, offers or other information available on or through the Platform,
"Sugar™" is the name of Sweet's loyalty reward unit (point) used to reward Users for (among other things) engaging with the Platform and performing User actions, and used by Users for (among other things) redeeming for Rewards on the Platform. Sugar is akin to "loyalty points" or a "mileage program" where users can earn and redeem Sugar like they would with points or miles, but as stated in Sweet's case it is branded as Sugar to be used on the Sweet platform.
"Users" refer to any person, fan, or entity that has a standard account ("User Account") on the Platform that can be used to earn or redeem Sugar and engage with Services.
APPLE DEVICE AND APPLICATION TERMS
In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Application"), the following shall apply:
3. You will only use the Application in connection with an Apple device that you own or control;
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application;
5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund you the purchase price, if any, of the Application;
6. You acknowledge and agree that the Sweet, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Sweet, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
9. Both you and Sweet acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and
10.Both you and Sweet acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary hereof.
SUGAR RUSH CHALLENGE OFFICIAL RULES
THE SUGAR RUSH IS A GAME OF SKILL, NO PURCHASE OR PAYMENT WILL INCREASE YOUR CHANCES OF WINNING AND NO PURCHASE OR PAYMENT IS NECESSARY TO WIN THE SUGAR RUSH CHALLENGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
THE SUGAR RUSH CHALLENGE IS NOT SPONSORED, ENDORSED, ADMINISTERED, OR ASSOCIATED WITH APPLE, INC. OR ITS SUBSIDIARIES OR AFFILIATES.
BY PLAYING THE CHALLENGE, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. SUBJECT TO APPLICABLE LAWS, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF PLAYER AND A LIMITATION OF PLAYER'S RIGHTS AND REMEDIES. 1. Eligibility. The Sweet Sugar Rush Challenge (the "Challenge or A/K/A "Competition") is only open to legal residents of a Participating Market, who are aged 13 years of age or older (or at least the legal age of majority in the country in which you reside at the time of participation, (the "Player"). Persons in any of the following categories are NOT eligible to play: (a) directors, partners, employees, consultants or agents of Sponsor, Administrator, participating talent, and their respective affiliates, and each of their respective companies, subsidiaries, advertising and promotion agencies, (b) suppliers of goods or services in connection with the Challenge, including individuals engaged in the development, production or distribution of materials for the Challenge; and (c) persons who (i) are in the immediate family of any person in any of the preceding categories (including mother, father, sister, brother, daughter, son, spouse, grandmother, grandfather, children or grandchildren), regardless of where they live, or (ii) reside in the same household, whether related or not, as any person in any of the preceding categories. All eligibility is subject to all national, provincial, municipal, territorial, federal, state and local laws and regulations. The Sponsor of this Challenge is SocialSweet Inc. DBA ("Sweet"), 524 Broadway, 8th Floor, NY, NY 10012 USA (the "Sponsor") and the administrator is Cohen-Friedberg Associates, LLC, Framingham, MA 01702 USA www.cfapromo.com (the "Administrator"). The Sponsor's designated database clock will serve as the timekeeper for this Challenge.
2. Challenge. Sponsor will announce Challenges through the App and other social media channels, from time to time as determined by the Sponsor in its sole discretion ("Participation Period"). The Challenge announcement will include the Participating Artist, Celebrity, Influencer, Gamer (collectively the "Host"), date & time you may log-in as well as the prize(s) that may be won. All Players must be in compliance with these Official Rules ("Official Rules") and, if compliant, will be eligible to win in the Sweet Sugar Rush Challenge. Participation in the Challenge does not constitute participation into any other promotion by participating in the Challenge, each Player unconditionally accepts and agrees to comply with and abide by the Official Rules and the decisions of the Sponsor, and/or the Administrator whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
3. How to Participate in the Challenge: During an announced Challenge, the objective is to be one of the first five (5) Players to correctly answer (no mistakes) each of the multiple choice trivia questions featured during the Sweet Sugar Rush Challenge.
To participate: Download and install the Sweet App through the Apple App Store on your mobile device. It's free to download.
On the announced designated date and time, Player may log-in and wait for the Challenge to begin. Player may join the "Lobby" 15 minutes prior to the commencement of the Challenge. The five fastest 5 Players to correctly answer all trivia questions win. If Player selects an incorrect answer to any multiple choice questions, he/she will be sent back to question 1 to start over. Player may perform an in-app purchase of an "extra-life" which provides a second opportunity to answer a question previously answered incorrectly. All multiple choice questions will be posted in English.
Each Player may only establish, maintain, use, and control only one (1) Sweet Fan Account. Each Account may only be owned, maintained, used and controlled by one individual. In the event Sponsor determines that you used/controlled multiple accounts, Sponsor reserves the right to suspend or terminate any and all of your Accounts and withhold or revoke the awarding of any prizes. By way of example, and not as a limitation, Player shall not, use screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question.
By accessing the Challenge via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile device, bill or be deducted from your prepaid or monthly contract account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Challenge. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges.
BY PARTICIPATING, Player ACKNOWLEDGES THAT HIS/HER PARTICIPATION MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR'S AND OTHER RELEASED PARTIES' DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR'S DISCRETION. Participation grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such participation in any way, in any and all media, without limitation, and without consideration to Player.
Participation Notes: In the event a dispute regarding the identity of the individual who actually participated cannot be resolved to Sponsor's satisfaction, the affected participation will be deemed ineligible. By entering, all Players, to the extent permitted by the applicable laws, release the Sponsor, Administrator, participating Host, and their respective parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors and assigns (the "Released Parties") from and against all claims and damages arising out of or in connection with each Player's participation in the Challenge and/or his/her receipt or use of the prize awarded in the Challenge.
4. Winner Notification: Potential Prize winners will receive the stated Sugar in their Sweet account upon completion and verification of the trivia Challenge. If any potential winner is found to be ineligible, or if the potential winner has not complied with the Official Rules, or declines a prize for any reason, such potential winner will be disqualified and the prize or that portion of the prize will remain unclaimed, at Sponsor's discretion.
5. Prizes. Only the prize(s) listed below will be awarded in an announced Challenge. Five (5) Winners: Each winner will receive ? of the total Sugar awarded as published in the Sweet app for that individual Challenge.
Each winner will receive their prize in game tokens called Sugar ("Sugar"). Sugar is only redeemable on the Sweet mobile app or on the Sponsor's website
If the Host of a Sugar Rush Challenge offers an additional prize(s) the Host is responsible for the fulfillment and administration of the offered prize and not the Sponsor.
Prizes are non-transferable and non-refundable, and no substitutions will be made except as provided herein, in the Sponsor's sole discretion. Winners are solely responsible for any applicable local income taxes (if any). 6. DISCLAIMER. Subject to applicable laws, Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Challenge. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBJECT TO APPLICABLE LAWS, PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. Winner Publicity Requirements. Acceptance of the prize shall constitute the Winner's agreement and consent for Sponsor and its designees to use winner's name, likeness, photo, avatar, and/or prize information (including, without limitation, city, state/province and country of residence) in connection with this Challenge for promotional, advertising or other purposes, in any manner, worldwide, in any and all media, whether now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration.
8. Release of Liability / Conditions of Participation. A. Transmission of Information. Sponsor, the Administrator, participating talent, and each of their respective officers, directors, employees, agents, affiliates, successors, and assigns (all collectively the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by Player or not, printing, typographical or other errors, or by any of the equipment or programming associated with or utilized in the Challenge; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, Internet connectivity, or network hardware or software; (3) unauthorized human intervention in any part of the Challenge; (4) printing, typographical, technical, computer, network or human error which may occur in (a) the administration of the Challenge, (b) the uploading, processing, (c) the announcement of the Winner or potential winner, or (d) the prizes or any Challenge-related materials; (5) costs associated with claiming or redeeming the prizes; and/or (6) losses or damages resulting from a Player's connection to the Internet via any of the websites referenced herein. The Released Parties are not responsible for any (a) incorrect, mistranscribed, misdirected or undeliverable notifications, (b) incorrect announcements, (c) technical problems, including, without limitation, malfunctions of computer systems, servers, providers, or any hardware/software, (d) lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission, or (e) a combination of any of the foregoing.
B. Fraud; Reservation of Rights. Sponsor reserves the right to cancel or suspend this Challenge, or any part of it, if any fraud, technical failures, or any other factors impair the integrity or proper functioning of the Challenge, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine winners from among all non-suspect, eligible Players as otherwise deemed fair and appropriate by Sponsor. Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be (a) tampering with the operation of the Challenge, (b) acting in violation of the Official Rules of this or any other promotion, or (c) acting in a dishonest, fraudulent, unsportsmanlike or disruptive manner. The preceding remedy in no way precludes Sponsor from taking legal or other actions against such individuals so as to protect its rights. Sponsor's failure to enforce any provision of these Official Rules in a given circumstance does not constitute the waiver of such provision.
C. Release and Indemnity. By participating, Player hereby releases the Released Parties, and agrees to indemnify, defend, and hold the Released Parties, and the other persons and entities involved in the development, production, and/or administration of the Challenge, harmless from any and all liability for losses, harm, damage, injury, costs, fees, and expenses, including without limitation, property damage, personal injury (including emotional distress), and/or death, arising from participating in the Challenge, any Challenge-related activity, and/or acceptance, receipt, possession or use/misuse of any prize, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy and merchandise delivery. 9. FORCE MAJEURE. If, for any reason, the Challenge (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, earthquake, storm or other natural cataclysm, riot, strike, terrorist activity, civil commotion, governmental regulation, or any other causes beyond the control of Sponsor which, in its sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge (or any part thereof), Sponsor reserves the right, in its sole discretion, to cancel, terminate, or suspend the Challenge.
10. Disputes. Except where prohibited by law, Player agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prize awarded, shall be resolved individually, without resort to any form of class action/joint action; (b) all claims must be resolved in the state or federal courts located in the State of New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with playing this Challenge, but in no event including attorneys' fees; and (d) unless otherwise prohibited, under no circumstances will Player be permitted to obtain awards for, and Player hereby waives all rights to, any indirect, punitive, incidental, and consequential damages, or damages of any kind (other than actual out of pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Player and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, USA.
Note: Should the Player be from Ukraine, the following provisions shall apply:
12.1 The Sponsor is the "Data Controller" in relation to processing personal data of the Players in connection with the Challenge.
12.2 The Sponsor collects and further processes personal data of the Player he/she provides when he/she participates in the Challenge ("Personal Data") for the purposes of organizing the management of the Challenge, communicating with the Players, and other related projects run by the Sponsor, including for use in advertising and marketing.
12.3 By participating in the Challenge, you, Player, hereby confirm that you have been acknowledged with the rights related to the processing of your personal data (as set forth in Article 8 of the Law of Ukraine "On Personal Data Protection"); the scope and content of your personal data collected; information about Sponsor as the Data Controller; the purpose of collection of your personal data and third parties to which your personal data may be transferred.
13. Winners List will be posted on the Challenge site following each Sweet Sugar Rush Challenge.
© SocialSweet Inc. All Rights Reserved. The use of any Host's name, prize supplier or manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.
IN APP PURCHASES
In-App Purchases. Through the Applications, you may purchase ("In App Purchase") certain goods designed to enhance the performance of the Services (?Goods?). When you purchase Goods, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html : http://play.google.com/intl/en_us/about/play-terms.html). We are not a party to any In App Purchase.
USE OF THE SWEET PLATFORM
The Platform is offered and made available only to users 13 years of age or older. If your use of the Platform is prohibited or restricted in any way by the laws, regulations, rules or other governmental requirements of the jurisdiction from which you access the Platform or in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Platform immediately. BY ACCESSING THE PLATFORM: (I) YOU CERTIFY THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE A PARENT'S OR GUARDIAN'S PERMISSION TO ACCESS THE PLATFORM OR YOU ARE AT LEAST 18 YEARS OF AGE AND (II) YOU (OR YOUR PARENT OR GUARDIAN IF APPLICABLE) UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. YOUR REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY SERVICES, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON ACCESSING THE PLATFORM.
To access and participate with the Platform and our Services you will need to create an Account, which can be a Brand Account, as a Brand, or User Account, as an individual User. By creating an Account, you agree to: (a) provide accurate, current and complete account information as required, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your Account, (d) accept all risks of unauthorized access to your Account and the information you provide to us, and (e) immediately notify us by using the "Contact Us" or "Help" component of the Platform if you discover or otherwise suspect any security breaches related to the Platform or your Account. Your Account is personal to you and you are responsible if you allow others to use it. We are not liable for any direct or indirect harm caused or related to the theft or misappropriation or disclosure of all or any portion of your Account access details, or your authorization of anyone else to use your Account
Users collect Sugar (Sweet's loyalty reward unit) in their User Account by performing actions ("User Actions") for Brands or Sweet or as a reward for participation in Platform or Brand programs including, but not limited to engaging in certain activities, joining, or purchasing content. Sweet may set limits and maximums on the number of actions per User Account per period of time for receiving Sugar.
Sweet may also in its discretion give Sugar out of its inventory to Users, Brands, partners, affiliates, team members or others for use on the Platform. The receipt or purchase of Sugar shall not be an indication of a loan and shall not provide the recipient with rights of any kind other than for its intended use on the Platform in redemption of Rewards or for use in Services including not providing the recipient with any rights with respect to Sweet or Brands or their respective revenues or assets, intellectual property or other financial, ownership, or legal rights.
USING SUGAR AND ACCESSING REWARDS ON THE PLATFORM
Users can redeem Sugar towards Rewards offered on the Platform by Sweet or Brands and also for other features on the Platform. Users can in some cases also pay when they want a Reward that requires more Sugar than they have or want to use. Brands may offer various Rewards that are not typical services provided by the Brands. Rewards may be one-off or unique prizes, without an established fair market value,which may not be otherwise available in the broad market, outside of the Sweet Platform or as a service by the Brand. A decision by a Brand to offer a Brand Reward is at the discretion of the Brand. Likewise, the decision to redeem Sugar towards a Reward or on the Platform is at the discretion of the User. Sugar received from one Brand or Sweet may be used on the Platform to redeem for Rewards offered by that Brand or for Rewards offered by other Brands or Sweet.
Brand and Sweet Rewards are subject to availability and Brands and Sweet reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Rewards without notice, even if a User has already placed an order in which case the User will be refunded. The inclusion of a Reward on the Platform at a particular time does not imply or warrant that such Reward will be available at all times. Brand shall make best effort to fulfill rewards within three (3) weeks from the date that the notice of User Redemption is provided or, if not feasible due to the nature of the Reward, then communication shall be sent by Brand to the Users regarding fulfillment process and timing and User shall be kept up to date
It is possible that Reward information may contain errors, inaccuracies, or omissions. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SWEET, BRANDS AND OUR AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL REWARDS. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, SWEET, BRANDS AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL REWARDS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding anything to the contrary, the respective Brand, not Sweet, is responsible for the Brand Rewards that they post and for resolving complaints related to Brand Rewards or any harm caused or related to fulfillment or information errors. To correct, repair or replace defective Brand Rewards, Users must communicate with the specific Brand. Users and Brands agree that a User's sole and exclusive remedy for defective Brand Rewards lies with the specific Brand and not Sweet. Notwithstanding anything to the contrary, Sweet is responsible for Sweet Rewards provided in the marketplace, and for resolving complaints related to Sweet Rewards. To correct, repair or replace defective Sweet Rewards, Users must communicate with Sweet.Notwithstanding anything to the contrary, Users agree that their sole and exclusive remedy for defective or non-delivered Rewards is a refund up to a maximum of the amount spent by the User towards the Reward.
Sugar is accessible for use from your Account on the Platform. There is currently no market for the re-sale of Sugar and the only current use for Sugar is for use on the Platform, to be awarded to Users of the Platform for performing User Actions or other activities and for use in the Rewards Marketplace or for other Platform benefits and features. Sugar may be subdivided and used in fractions. The value of Sugar on the Platform at the time of the User Action or redemption is used to determine the amount of Sugar Users receive for User Actions or the amount of Sugar needed to attain Rewards. The value of Sugar on the Platform for User Actions or Reward Redemptions has been arbitrarily set at 1 cent USD per Sugar. When purchasing Sugar, the price will be posted at the time of sale and the purchase is with Sweet and Sweet is the sole party responsible in any way for these transactions.
FEES AND TAXES
You are responsible for compliance with any tax obligations arising from your use of the Platform, Sugar and Rewards and are advised to consult with a tax advisor regarding your specific state, local, federal requirements for your jurisdiction or country. We shall bear no liability or responsibility with respect to any non-Sweet tax obligation. Sweet reserves the right in its absolute and sole discretion if Sweet deems it is within Sweet's obligation for compliance with laws to issue you tax forms or disclosures, including but not limited to, Form 1099's and also to require that you complete any such additional information as may be required for Sweet to comply with governmental requirements. In the event you fail to complete such information in a timely fashion, upon request to do so by Sweet, then Sweet may Suspend Earnings on your Account in accordance with the policy described in the section entitled Account Suspensions and Termination. You agree to indemnify, defend and hold Sweet, Brands and Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from your failure to provide required documentation or pay any appropriate taxes to the proper governmental authorities. To the extent that Sweet determines that it is liable or responsible in any jurisdiction for collecting or remitting any tax or providing transaction data to relevant authorities, Sweet has the right to implement such measures as it deems necessary, it its discretion, for ensuring compliance. In particular, but not limited to, if State or Local sales tax needs to be collected on the redemption of any Rewards, Sweet has the right to collect from the User at the time of the Transaction and then remit such tax.
Sweet shall also be entitled to recoup or pass on any third-party transaction fees (including but not limited to debit card, credit card, PayPal fees) and to the extent applicable sales tax amounts incurred from your use of the Platform.In addition, Sweet collects a nominal internal accounting and processing fee "Processing Fee" of two and one-half tenths of one percent (0.25%) per transaction when Brands allocate or award Sugar to Users for actions or from Brands when a User redeems Sugar for a Reward. Sweet reserves the right to modify any such Processing Fees as may be necessary.
OWNERSHIP AND PROPRIETARY RIGHTS
© SocialSweet, Inc. dba Sweet - All Rights Reserved.
The names, logos, trade names, trademarks, service marks and other distinctive identifications on or off the Platform, including, without limitation, SWEET and / or our stylized logo, and the name of our Platform rewards program SUGAR, and / our stylized token logo: (among others) (collectively "Marks") are the trademarks and intellectual property of and are proprietary to Sweet. In addition, the Brands may have their own trademarks and logos. You have no right to use any of our Marks or those of the Brands, or any confusingly similar marks thereto, for any purpose without the express, prior, written consent of SocialSweet Inc. or the respective Brands.
Sweet is granted a limited, non-exclusive, license to use Brand trademarks and logos in connection with Brand's deployment of the Platform including in the Rewards Marketplace and to promote, enable discovery of, and provide Users navigation and access to the Brand deployment of the Platform for the term of this Agreement.
LICENSE AND SITE ACCESS
Sweet authorizes you to access Content and grants you a limited, revocable right and license to use the Platform solely for your non-exclusive, non-assignable, non-sublicensable, non-transferable and limited use and for no other purpose whatsoever. Sweet presumes that if you permit your minor child to go online and access your Account, or if you establish an Account for any minor child, then such minor child has your approval and express permission to have independent access to the Platform or any other subpage on the Platform. You understand and agree that if you do not wish your minor child to have independent access to the Platform, it is your duty to make sure that you do not give your minor child your Account access details or establish an Account for them. Remember, even if a minor child has your Account access details, you can change it by changing your password.
ACCOUNT SUSPENSIONS AND TERMINATION
If Sweet elects to "Suspend Earnings" on a User Account, then for the duration of the suspension User will not earn any Sugar for User Actions taken for one or more specific Brands or all Brands or for any other activity on the Platform ("Suspended Actions"), as determined by Sweet at its sole discretion. User will be able to continue to use the Platform to complete actions that are not Suspended Actions and to access their User Account to redeem rewards, manage account options and access other features. If and when the Suspension is removed, there will be no retroactive compensation provided to User for any Suspended Actions or other activities. Sweet will notify User that we Suspended Earnings on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the Suspension.
If we "Suspend Transactions" on a User Account then all the restrictions and provisions of Suspend Earnings will apply and, additionally, User will be unable to complete any action that results in Sugar used on the Platform. User may be able to access their User Account and take other actions such as checking their Account balance or managing their User profile and data privacy settings. Sweet will notify User that we Suspended Transactions on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the suspension.
If we "Suspend Access" to a User Account, then User will be fully blocked from accessing their User Account and all the restrictions and provisions of Suspend Earnings and Suspend Transactions will also apply. Sweet will notify User that we Suspended Access on their User Account via their designated email address and/or other contact options provided by User and User can contact us through our normal support options to investigate and if possible, resolve the Suspension. If the suspension remains unresolved, a second notice will be sent 30 days after we Suspend Access, informing User that their User Account is pending termination. If your User Account access remains suspended for more than 180 days, then we may Terminate the User Account.
If we Terminate a User Account, we will permanently close the account and Sugar held in User's Account at such time shall be held for the User until processed as pursuant to local, State or Federal laws in Sweet's sole and absolute discretion based on facts in each instance and may include forfeiture of Sugar as pursuant to local, State or Federal laws. No compensation will be provided to User for forfeit Sugar.
In addition, User is deemed by Sweet to have an "Abandoned User Account" if they do not login to their account at least one time in any given twelve-month period. If User's account becomes an Abandoned User Account, then Sweet will attempt to notify the User via email and/or other contact options provided by User. If the User does not login to their account at least one time within the subsequent twelve-month period, the User Account may be Terminated, and Sugar held in User's Sweet Account may become subject to forfeiture as pursuant to local, State or Federal laws.
PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Sweet has adopted the following Copyright Compliance Policy. If you or any user of the Platform believes its copyrights have been infringed, the copyright owner ("Complaining Party") should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the copyrights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party's copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §ion; 512(c) ("DMCA"), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Attention DMCA Notice
Once notice is received, we will act expeditiously to review and if necessary to remove content on the Platform that infringes the copyrights of others and may disable the access to the Platform and its Services of anyone who uses them to repeatedly infringe the copyrights of others. We are not liable for any such removal and the claims of the Complaining Party may be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take the protection of copyrights, both our own and others, very seriously.
DATA, EMAIL AND MOBILE PHONE NUMBERS
RULES OF CONDUCT FOR POSTING
Your use of the Platform is subject to all applicable local, state, national laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all of your postings on the Sweet Platform ,in the Sweet app, or through any third party social media, and all other activities, acts and omissions that occur in, from, through or under your Account. You agree to abide by these Rules of Conduct. You shall not use, allow, post, chat, encourage or enable others to use, allow, post chat, or knowingly condone the use of the Platform in any manner that is, attempts to, or is likely to:
a. be libelous, threatening, abusive, harassing, deceptive, offensive, profane, obscene, vulgar, contains or depicts nudity, contains or depicts sexual activity, invasive of another's privacy, tortious, defamatory, bullying, or harmful in any way that is deemed unlawful or restricted by law;
b. use the Platform in any manner that could interfere with, disrupt, or inhibit others from fully enjoying the Platform, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
c. send junk email chain letters, duplicative or unsolicited messages or transmissions deemed "spamming" or "phishing";
d. transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
e. use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same thing, to use, access, generate impressions, input information, or generate postings on social media sites;
f. forge any TCP/IP packet header or part of the header information in any email or message, forum, tweet, comment or other social media posting for any reason or otherwise provide false or misleading information to Sweet;
i. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or reverse engineer any aspect of the Platform, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Platform.
Any reported offensive content is subject to be removed from the Platform within 24 hours, and the User creating such content is subject to being terminated from the Platform within 24 hours.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THE PLATFORM AND ALL SERVICES, REWARDS AND CONTENT THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE PLATFORM WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, REWARDS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, neither Sweet, Brands nor any Affiliates, suppliers or collaborators are responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Platform. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all Services, features and functions of the Platform.
In some cases, Sweet integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms ("Third Party APIs"). You acknowledge that Sweet has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the platform could incur an outage outside of Sweet's control, and certain aspects of the Platform's functionality could be impacted by changes of features made available through Third Party APIs.
You understand that Sweet shall not be liable to you or any third party for any claims or damages which may be suffered by you or any third party, including, but not limited to, losses or damages of any and every nature, resulting from the inability to access the Internet, inability to access the Platform, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Sweet.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY SWEET OR BRANDS, REWARDS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWEET AND BRANDS DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ANY REWARDS CONTAINED ON THE PLATFORM. SWEET DOES NOT REPRESENT OR WARRANT THAT REWARDS ON THE PLATFORM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SWEET WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN - OR TAKEN IN RELIANCE - ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM DESCRIBING REWARDS. WHILE SWEET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, SWEET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE PLATFORM. SWEET CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SUGAR IS AN INTANGIBLE DIGITAL ASSET. SUGAR EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED BY SWEET IN ITS LEDGER ON ITS COMPUTER NETWORK.
ADS AND MALWARE
We take great care and pride in creating the Platform. We are always on the lookout for technical glitches that affect how the Platform works. When we find them on our end, we will make reasonable efforts to fix them. Unfortunately, your computer or other device may cause some glitches that affect how you see the Platform -- and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Platform, it may be the result of Malware on your computer or other device. Malware -- short for ?Malicious Software' -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Platform is working properly, sometimes Malware programs on your personal computer or devices may interfere with your experience on the Platform and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If you even suspect that there is any kind of Malware on the Platform or servers, please use the Contact Us and notify us immediately.
Although the Platform may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content or your participation on the Platform is illegal is strictly prohibited. Those who choose to access the Platform from other locations outside the United States of America do so on their own initiative and are solely responsible for compliance with all local laws including but not limited to tax and securities laws. Any offer for any Reward, Service, and/or information made in connection with the Platform is void where prohibited.
Sweet shall not be liable for any any interruption of Services or delivery of the Platfom, which result directly or indirectly from acts of God, civil or military authority, act of public enemies, war, accidents, fires, explosions, earthquakes, floods, terrorism, failure of infrastructure, hacking, Internet downtime, lag or delay, the elements or any other similar cause beyond our reasonable control.