Terms of Service

Last updated [DATE] · effective [DATE]

Unfinished — do not publish yetEvery [BRACKET] below must be filled in before you take a payment, and this is a starting draft written by a language model, not legal advice from a lawyer. See LEGAL-SETUP.md for the short list of things that have to happen outside this file.

These terms are the agreement between you and SweepWatcher. They cover what the service is, what it deliberately is not, how the subscription bills, and how a disagreement gets resolved. Section 14 requires most disputes to go to arbitration individually rather than to court, and gives you 30 days to opt out of that.

  1. Who we are
  2. What the service is
  3. What we never do
  4. Not a lottery, and not a sponsor
  5. Your account
  6. Subscription, billing and renewal
  7. Cancelling
  8. Refunds
  9. Acceptable use
  10. Our content, and other people's marks
  11. Links to sponsors
  12. Disclaimer of warranties
  13. Limit of liability, and indemnity
  14. Disputes, arbitration and your opt-out
  15. Suspension and termination
  16. Changes to these terms
  17. General terms
  18. State-specific notices

1. Who we are

SweepWatcher ("we", "us", "our") is operated by [LEGAL ENTITY NAME OR YOUR FULL LEGAL NAME], a [ENTITY TYPE — e.g. sole proprietorship] based in the State of New York, with a mailing address at [BUSINESS ADDRESS]. You can reach us at support@sweepwatcher.com. "You" means the person who holds the account.

By creating an account, paying for a subscription, or using the site at all, you agree to these terms. If you do not agree, do not use the service.

2. What the service is

We publish a research list. Every morning an automated sweep reads publicly advertised US sweepstakes and giveaways, reads each promotion's own official rules where those rules can be read, and records what they say: the sponsor, the deadline, the prize, the stated eligibility, the entry frequency, and the free entry route. The site then shows you that list, filtered to the state you tell it you enter from and sorted by what closes first, and gives you a private checklist for tracking which ones you have entered yourself.

That is the whole service: a list, a filter, and a checklist. Nothing more is promised.

Some rows on the board are marked as not yet rules-checked, or as having rules we could not read. Those rows say so on their face and make no claim at all about who is eligible. Treat them as a lead to go verify, never as a verified listing.

3. What we never do

Eligibility, odds, prize values, entry limits, and every other term of any promotion are set by that promotion's sponsor in its official rules. Read the official rules before you enter. Where our listing and a sponsor's official rules disagree, the sponsor's rules govern and ours is simply wrong.

4. Not a lottery, and not a sponsor

We are not affiliated with, endorsed by, sponsored by, or in any partnership with any promotion, brand, or sponsor named anywhere on this site. We do not administer any promotion, do not hold or award any prize, do not select or verify any winner, and have no ability to influence any of that. A sponsor's name appears here for one reason: to tell you truthfully whose promotion it is.

Your payment to us is consideration for access to information we compiled. It is not consideration for a chance to win a prize, and it is not a wager, a raffle ticket, a lottery ticket, or a stake of any kind. Every promotion we list has a free entry route that requires no purchase from anyone, and we record that route for each listing precisely so that you never need to pay anybody — us included — to enter. If a listing's free route ever turns out not to exist, that listing does not belong here and we want to hear about it.

5. Your account

To hold an account you must be at least 18 years old and a resident of the United States, and you must have the legal capacity to enter this agreement. We do not knowingly provide the service to anyone under 18. Sign-in is by a link sent to your email address, so protect access to that inbox — anyone who can read it can reach your account. One account per person; accounts are not shared, transferred, or sold.

You are responsible for everything done under your account, and for keeping the information in it accurate. Tell us promptly at the address in section 1 if you think someone else has got into it.

Electronic communications. You agree that we may give you every notice this agreement requires — including receipts, renewal notices, changes to these terms, and legal notices — by email to the address on your account, or by posting it in the service. You agree those electronic records satisfy any requirement that a notice be in writing. You can withdraw that agreement by writing to us, but doing so means we can no longer provide the service and will close your account.

6. Subscription, billing and renewal

A free account shows a small sample of the board. A paid subscription ("Pro") unlocks all of it.

The renewal terms, in plain words. Pro costs $4.00 per month or $36.00 per year. It renews automatically at the end of every billing period, at the same price, charged to the payment method you gave us, and it keeps renewing until you cancel it. There is no free trial and no introductory rate. You can cancel at any time, in two clicks, from Manage billing inside the site.

7. Cancelling

Cancel whenever you like, for any reason, without talking to anybody. Sign in, open Manage billing, and cancel — it is the same number of clicks as subscribing was, by design. Cancelling stops all future charges immediately. Your Pro access then runs to the end of the period you have already paid for, and the account reverts to free. You can also cancel by emailing the address in section 1; we will action it and confirm by reply.

To delete the account and everything in it, use Close my account in the same panel, or ask us. That cancels any active subscription and erases your data — see the Privacy Policy. It cannot be undone, so download your data first if you want it.

8. Refunds

Charges are not refundable, and you can cancel at any time. Because cancelling immediately stops every future charge and you keep the access you have already paid for, we do not refund charges already made, and we do not prorate a partial period. Nothing in this section limits any refund or remedy you are entitled to under the law of your state, and we will of course refund a charge that was our mistake — a double charge, a charge after a cancellation, or a charge you did not authorise. Write to us and we will fix it.

9. Acceptable use

Use the service for your own personal entering. Do not:

We may suspend or close an account that does any of this, and we may report conduct that appears to break the law.

10. Our content, and other people's marks

Individual facts are nobody's property — a deadline is a deadline. But the selection, verification, arrangement, wording and presentation of this board are our work, and the compilation, the site, its code, its design, its drawn artwork and its text are owned by us and protected by copyright and other laws. We grant you a personal, revocable, non-transferable licence to view and use them for your own entering while your account is in good standing. Nothing else is granted.

Every brand name, product name, logo and trademark mentioned on this site belongs to its owner. We use those names only to identify factually whose promotion a listing is — nominative use — and never as an indication of source, sponsorship, endorsement or affiliation. We do not reproduce sponsors' logos. We do not republish the text of sponsors' official rules; we link to them and summarise the facts they state. If you own a mark and object to how it appears here, write to us at the address in section 1 and we will look at it promptly. See also our copyright and takedown page.

If you send us feedback or a suggestion, we may use it without owing you anything for it. Do not send us anything you consider confidential.

11. Links to sponsors

The service is mostly links to other people's websites. We do not control those sites, did not write them, and are not responsible for their content, their accuracy, their security, their privacy practices, their terms, or what happens to you on them. Following a link means leaving this service and dealing with that operator on their terms. Where a link points at a directory or aggregator rather than a sponsor's own entry page, the listing says so.

12. Disclaimer of warranties

The service, the listings and everything else we provide are furnished “as is” and “as available”, with all faults and without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express, implied and statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy and non-infringement. We do not warrant that any listing is accurate, complete, current, or that any promotion described is open, lawful or will be honoured; that the service will be uninterrupted, timely, secure or error-free; or that you will win anything. No advice or information, oral or written, obtained from us creates any warranty not stated here. Some states do not allow the exclusion of certain implied warranties, so some of the above may not apply to you.

13. Limit of liability, and indemnity

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, or prizes or opportunities to win, arising out of or relating to the service, whether based in contract, tort, negligence, strict liability, statute or any other theory, and whether or not we were advised of the possibility. Our total aggregate liability for all claims relating to the service is limited to the greater of the amount you actually paid us in the twelve months before the event giving rise to the claim, or twenty-five US dollars. Some states do not allow these limits, so some of the above may not apply to you, and nothing here limits liability that cannot lawfully be limited — including for fraud, for wilful misconduct, or for death or personal injury caused by negligence.

These limits are a fundamental part of the deal between us: the subscription is priced on the assumption that we are not underwriting your entering.

You indemnify us. You agree to defend, indemnify and hold us harmless from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of your use of the service, your breach of these terms, your entries into any promotion, your dealings with any sponsor, or your violation of any law or of anyone else's rights. We may take over the defence of any such claim at your expense, and you will not settle it in a way that binds us without our written consent.

Time limit. Any claim relating to the service must be brought within one year after it arises, or it is permanently barred, except where your state's law forbids shortening the period.

14. Disputes, arbitration and your opt-out

Talk to us first. Before starting an arbitration or a lawsuit, you agree to email a description of the dispute and what you want to the address in section 1, and to give us 30 days to try to resolve it. We agree to do the same for you. Most problems end here.

Agreement to arbitrate

If we cannot resolve it, you and we each agree that any dispute arising out of or relating to these terms or the service will be resolved by final and binding individual arbitration, and not in court and not before a jury. This includes disputes about the formation, scope or enforceability of this section, and it survives the end of your subscription. The Federal Arbitration Act governs it.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these terms, before a single arbitrator. It may be held by document submission, by telephone or video, or in person in the county where you live, at your choice. The arbitrator may award any relief a court could award to you individually, including statutory damages and legal fees where a statute provides for them, and the award may be entered as a judgment in any court with jurisdiction. Where AAA's rules put the cost of consumer arbitration on the business, we will pay it; if you cannot afford your share of a fee, ask us and we will pay it.

Class-action waiver

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this paragraph is found unenforceable as to a particular claim or a particular request for relief, then that claim or request — and only that one — will be severed from the arbitration and heard in a court of competent jurisdiction, and the rest of this section 14 will still apply to everything else.

What is carved out

Your 30-day right to opt out of arbitration

You can say no to this, and keep your subscription. If you do not want to be bound by the agreement to arbitrate and the class-action waiver, email support@sweepwatcher.com with the subject line “Arbitration opt-out”, stating your name and the email address on your account, within 30 days of first accepting these terms. That is all it takes. Opting out costs you nothing, changes nothing else about your account, and we will not treat you any differently for it — you simply keep your right to go to court and to take part in a class action. If you opt out, the rest of these terms still apply, and section 18's choice of court governs instead.

If we materially change this section 14 in future, you get a fresh 30-day window to opt out of the change, counted from the date we notify you of it.

15. Suspension and termination

You may stop using the service and close your account at any time, as described in section 7.

We may suspend or terminate your account, with notice where practical, if you materially breach these terms, if your payment fails and stays unpaid, if we are required to by law, or if we stop offering the service. If we terminate your paid subscription for a reason other than your breach, we will refund the unused part of the period you paid for. Sections 3, 4, 10, 12, 13, 14, 16, 17 and 18 survive termination.

We may change, suspend or discontinue any part of the service. If we discontinue it entirely, we will give you reasonable notice by email and refund the unused portion of any prepaid period.

16. Changes to these terms

We may update these terms. The "last updated" date at the top always shows when. If a change materially affects your rights or obligations, we will email you at the address on your account at least [NUMBER — we suggest 30] days before it takes effect. Continuing to use the service after the effective date means you accept the new terms; if you do not accept them, cancel before then and, if you have prepaid, we will refund the unused portion. We will not apply a material change retroactively to a dispute that already exists.

17. General terms

Entire agreement
These terms and the Privacy Policy are the whole agreement between us about the service, and replace anything said before.
Severability
If any provision is held unenforceable, it is narrowed to the minimum extent necessary or severed, and the rest stays in force. Section 14's class-action waiver has its own rule, above.
No waiver
Not enforcing a provision once does not waive it.
Assignment
You may not assign or transfer these terms or your account. We may assign them to a successor in a merger, acquisition or sale of assets, on notice to you.
No third-party beneficiaries
These terms give rights to you and to us, and to nobody else.
Force majeure
Neither of us is liable for a failure caused by something genuinely outside our reasonable control.
Relationship
Nothing here creates a partnership, agency, employment or joint venture between us. In particular, we are never your agent for entering a promotion.
Headings
Headings are for convenience and do not affect meaning.

18. State-specific notices

Governing law and, if you opted out of arbitration, where we sue

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs section 14. Nothing here deprives you of the protection of a mandatory consumer-protection law of the state where you live. If section 14 does not apply to a dispute — because you opted out, or because a carve-out or a severance applies — that dispute goes to the state or federal courts sitting in [COUNTY], New York, and you and we each consent to personal jurisdiction there; you may alternatively bring it in the courts where you live.

California residents

Under California Civil Code §1789.3, California users are entitled to this notice: the provider of this service is [LEGAL ENTITY NAME OR YOUR FULL LEGAL NAME], [BUSINESS ADDRESS]. The price of the service is stated in section 6. To file a complaint about the service, or to get more information, write to us at that address or email support@sweepwatcher.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

California residents also have privacy rights described in the Privacy Policy.

New Jersey residents

If you live in New Jersey, any provision of these terms that is void, unenforceable or inapplicable under New Jersey law does not apply to you — including, to the extent New Jersey law so provides, parts of the limitations in sections 12 and 13 and of the indemnity in section 13.

US federal government users

The service is a commercial item and is provided with only those rights granted to all other users.

Export and location

The service is offered to people in the United States only and is not directed at anyone elsewhere. You agree not to use it in breach of any US export control or sanctions law.

Accessibility

We want this usable by everyone, including people using a screen reader, a keyboard alone, or a magnifier. See our accessibility statement, and tell us if something here does not work for you — we treat that as a bug, not a feature request.

Contact

[LEGAL ENTITY NAME OR YOUR FULL LEGAL NAME]
[BUSINESS ADDRESS]
support@sweepwatcher.com

SweepWatcher is not affiliated with, endorsed by or sponsored by any promotion or brand named on this site. See the Terms of Service and Privacy Policy.
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