For Contestants Terms & Conditions
Full text of our Terms & Conditions for Contestants
Last Updated: February 25, 2022
Contestant must be a U.S. citizen and at least 18 years of age to participate in a promotion. All employees of Company and Sponsors, including their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not) are ineligible to participate in or win a promotion. Contestant warrants and represents by its participation that it meets these eligibility requirements. Other eligibility requirements are described below.
Contestant will be required to create a user account to participate in promotions. When Contestant creates an account, Contestant will be required to provide its first and last name, email address, mobile phone number, and zip code, and create a password. Contestant will be required to verify its email address and phone number. Contestant will also have the opportunity to log in through third-party applications including Facebook, Google, and Apple. When Contestant logs in through third-party applications, Contestant acknowledges and understands that its personal information from such third-party applications may be shared with us. Contestant is limited to the creation of one account. Multiple participants are not permitted to share the same email address. No automated, robotic, programmed, script, or macro entries are permitted. Any prizes won under false, fraudulent or unlawful circumstances or in violation of any of the published terms, policies, or rules of CliquePrize or Sponsor will be forfeited and a new prize will be awarded to another contestant. Any attempts to create multiple accounts to increase the odds of winning or otherwise will be grounds for immediate termination from the App. Contestant agrees to provide, maintain and update true, accurate, current, and complete information about itself in the registration process and warrants and represents that all information it provides in the registration process is true, accurate, current, and complete. Contestant shall not impersonate any person or entity or misrepresent its identity or affiliation with any person or entity, including using another person’s account information. Contestant shall not use alias or false email addresses, mobile numbers or zip codes in an effort to increase the user’s odds of winning a promotion.
A promotion is defined as either a Sweepstakes, Contest, Event, Raffle or Instant Win with or without a prize giveaway by the Sponsor.
In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof it is the authorized account holder.
THIS IS A PROMOTION. NO PURCHASE IS REQUIRED TO ENTER OR WIN. PROMOTIONS ARE VOID WHERE PROHIBITED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY TO PROMOTIONS.
Contestants may participate in a limited number of promotions (5) daily for the opportunity to win prizes. Promotions are limited to Contestant’s geographical area based on the zip code Contestant enters upon creating its account. When Contestant logs in to its account, Contestant will be shown all available promotions local to its zip code. Contestant may browse all available promotions, filter by category, or search a sponsor directory. Unless filtered, promotions will be displayed in the order in which they go live.
Promotions may be public, or available for all Contestants from the applicable geographical area, or private promotions limited by Sponsor to certain Contestants and requiring a unique bar code to access. Contestant may enter a maximum of five total promotions per day, including public and private.
Selection of Prize Winners
Promotion prize winners are selected randomly either by the App or Sponsor at Sponsor’s discretion determined when it creates the promotion. If Sponsor chooses to select the prize winner, Company will provide to Sponsor only a randomly assigned number for each Contestant entered in the promotion and not Contestant’s name, email address, or zip code or any other personal information about Contestant. Therefore, the Sponsor or CliquePrize will choose a winner or winners based on a 2 Letter, 6 digital combination that identifies Contestants anonymously.
All taxes on promotion prizes, if any, and other expenses related to accepting and/or using a prize other than as listed in the promotion rules, are the sole responsibility of the winner. Any attempt to redeem the same prize more than once will be grounds for immediate termination from the App. Sponsors may offer digital or physical prizes.
When a Contestant wins a digital prize, Contestant will be notified via email, text message and within the Notifications section of the App. The App will generate a bar code that will be displayed under the My Prizes section of Contestant’s account. Contestant must scan the bar code to redeem the digital prize. Contestant will have up to one year from the date of issuance of the bar code to redeem the digital prize. If Contestant fails timely to redeem the prize, Contestant forfeits the prize, and a new winner is chosen. Contestant will remain eligible to enter any other promotions prior to redeeming prizes Contestant has won.
Upon winning a physical prize, Contestant will be prompted to supply a valid U.S. postal address where it wishes to receive the prize. Sponsor will then have 10 days to mail the prize to Contestant. Sponsor will notify Contestant of the shipment service and tracking code via email at Contestant’s user account email address. Contestant’s prize package will include a bar code printed inside the box and scanning instructions. Contestant must scan the bar code within 10 days from receipt of the bar code to redeem the prize. If Contestant fails to redeem the prize within the required time, Contestant forfeits the prize, and a new winner will be chosen. The address Contestant has provided for shipment will be permanently deleted from the App’s database upon redemption of Contestant’s prize. Contestant may not enter any other CliquePrize promotions until it redeems its prize by scanning the bar code. If the bar code does not work, Contestant must notify Company at contestants(at)cliqueprize.com within 10 days from receipt of the code to redeem the prize and resume participation in other CliquePrize promotions. If a Contestant wins a Physical Prize, the Contestant agrees to redeem it (i.e. acknowledge receipt) via barcode on the Contestant’s mobile phone within 10 days of notification and shipping receipt. Contestants understand the prize will be sent to them via a major shipping carrier (.e.g FedEx, UPS, USPS, etc) with tracking. If the tracking carrier confirms receipt (this will count as prize delivered) and if the Contestant still doesn't scan the barcode, the Contestant understands that the Contestant will not receive another replacement prize and that the Contestant account will be suspended indefinitely by CliquePrize. Contestants agree to hold Company not liable if or when the Sponsor fails to fulfill an advertised prize giveaway on CliquePrize, However, when the carrier (FedEx, UPS, USPS, etc) confirms delivery but the Contestant fails to scan in the barcode for receipt of the prize, the Contestant hereby agrees that this shall still count or constitute receipt of the Physical Prize with proof by the carrier even if the Contestant's account is subsequently suspended by Company. There are no replacements or refunds of prizes received and verified.
Contestants might receive Physical prizes that are damaged in transit. The Contestant agrees to work with the Sponsor to get a replace prize or another prize of equal value.
Contestants hereby agree that Events or Instant Win promotions may be cancelled and rescheduled to another day due to weather or other circumstances.
The Sponsor shall not offer a free prize with an expiration date except for tickets to an event; therefore all prizes shall have no expiration date except for event tickets. If the event date has passed and was not postponed due to weather, the Contestant hereby agrees and is responsible for attending the event but the Sponsor shall not be held liable for the Contestant’s attendance; the Sponsor shall only be responsible for providing access to the event such as providing and delivery of the event tickets which expire when the event date or event make-up date has passed;
Disclosure and Sale of Contestant Data
AS A CONDITION OF ENTRY INTO THE PROMOTION, EXCEPT WHERE PROHIBITED BY LAW, CONTESTANT GRANTS TO COMPANY THE RIGHT TO DISCLOSE AND SELL CONTESTANT’S FIRST NAME, LAST NAME, EMAIL ADDRESS, MOBILE NUMBER, AND ZIP CODE SUPPLIED UPON REGISTRATION, TO THE SPONSORS OF PROMOTIONS CONTESTANT ENTERS. AS A CONDITION OF PARTICIPATION IN PROMOTIONS, SPONSORS MUST AGREE NOT TO SELL CONTESTANT DATA TO ANY THIRD PARTY AND TO LIMIT USE OF CONTESTANT DATA SOLELY TO PURPOSES OF MARKETING SPONSOR BUSINESS. IT IS HEREBY UNDERSTOOD THAT THE SPONSOR SHALL USE THE CONTESTANT’S INFORMATION FOR MARKETING ITS OWN PRODUCTS OR SERVICES EXCLUSIVELY WITH THE OPTION OF THE CONTESTANT TO OPT-OUT OF SUCH MARKETING.
If the Sponsor purchases the Contestant data (i.e. first and last name, email address, mobile phone number, and zip code) provided by the Contestant on an opt-in basis at the conclusion of the promotion on CliquePrize on an optional basis, and provided to Company upon registration for a CliquePrize Contestant account and potentially shared with the Sponsor when the Contestant opted in to become eligible to win a free prize on CliquePrize, then the Sponsor shall hereby agree to never to re-sell such data and to use it solely for marketing purposes of promoting Sponsor’s business related to the promotion, and subject to all applicable laws. Furthermore, the Sponsor shall make every attempt possible to provide the Contestant a manner and method to opt-out of such marketing communication (either email or SMS or both) at any time for any reason.
No Professional Advice/Compliance with Laws
Sponsors, Contestants and other users of the App agree to comply with all applicable laws, ordinances, rules, and regulations in connection with their use of the App, and nothing herein or in the App shall serve to eliminate such obligation. Nothing herein or in the App is intended to serve as legal advice or a substitute for the same regarding the presence or absence of any duty or requirement surrounding these legal obligations. The App is provided for entertainment purposes only and is not intended to provide legal, medical, financial, or other professional advice.
Release, Assumption of Risk, Disclaimers, and Indemnification
CONTESTANT ACKNOWLEDGES AND AGREES THAT ITS PARTICIPATION IN A PROMOTION AND RECEIPT OF PROMOTION PRIZES IS VOLUNTARY. BY PARTICIPATING IN A PROMOTION, CONTESTANT ACKNOWLEDGES AND ASSUMES ALL RISKS AND DANGERS ASSOCIATED WITH ITS PARTICIPATION IN THE PROMOTION. COMPANY IS NOT A PARTY TO ANY TRANSACTION BETWEEN SPONSORS AND CONTESTANTS. IN NO EVENT SHALL COMPANY BE LIABLE OR RESPONSIBLE FOR SPONSOR PROMOTIONS, SPONSOR CONTENT, PROMOTION PRIZES, AND FULFILLMENT OF PROMOTION PRIZES. COMPANY DOES NOT OVERSEE, CONTROL OR WARRANT THE CONTENT, ACCURACY, RELIABILITY, OR VERACITY OF SPONSOR PROMOTIONS, THE SPONSOR BULLSEYE PAGE, ANY TERMS, RULES OR POLICIES POSTED OR IMPOSED BY SPONSORS, GIVEAWAYS, PRIZES, SPONSOR-CONTESTANT COMMUNICATIONS, OR ANY OTHER SPONSOR CONTENT. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ELIGIBILITY, CREDENTIALS OR IDENTIFICATION OF ANY SPONSOR, CONTESTANT, OR OTHER USER OF THE APP. COMPANY IS NOT RESPONSIBLE FOR ANY PHYSICAL, MEDICAL, OR OTHER DAMAGE TO CONTESTANT OR OTHER PERSON OR ENTITY CAUSED IN WHOLE OR IN PART BY ANY PROMOTION PRIZE. CONTESTANT AGREES TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, DEMANDS, DAMAGES, RIGHTS, CLAIMS, ACTIONS AND LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO CONTESTANT’S BREACH OF ANY WARRANTIES, REPRESENTATIONS, OBLIGATIONS, OR COVENANTS IN THE TERMS, PARTICIPATION IN THE PROMOTION OR IN ANY PROMOTION OR PRIZE-RELATED ACTIVITIES (INCLUDING, WITHOUT LIMITATION, ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH CAUSED TO ANY PERSON(S)). CONTESTANT ASSUMES ALL LIABILITY FOR ANY INJURY, DEATH, OR DAMAGE CAUSED, OR ALLEGEDLY CAUSED, BY PARTICIPATING IN THE PROMOTION OR USE OR REDEMPTION OF PROMOTION PRIZES OR ANY USE OF THIS APP.
End-User License Agreement
Last Updated: April 22, 2022
Welcome to CliquePrize™ (the “App”), operated by Cinnamon Entertainment Group LLC (“we,” “us” or “Company”). The App is a software program provided by Company downloaded by you through a digital distribution service (an “App Store”) account to a device that can access the App, such as a computer, cellphone, or digital tablet (a “Device”). Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using the App.
This Agreement is a legal document between you and Company and governs your use of the App. By clicking the "I Agree" button, downloading or using the App, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the App. “You” for purposes of this Agreement includes the individual accessing or using the App or the company or other legal entity on behalf of which such individual is accessing or using the App, as applicable. In addition, to the extent the App can be accessed and used by other users via, for example, family sharing or volume purchasing, the use of the App by those users is expressly subject to this Agreement.
This Agreement is between you and Company only and not with the App Store. Therefore, Company is solely responsible for the App and its content. Although the App Store is not a party to this Agreement, it has the right to enforce it against you as a third-party beneficiary relating to your use of the App.
Intellectual Property and License
The App is licensed, not sold, to you by Company for use strictly in accordance with the terms of this Agreement. The App, including, without limitation, all copyrights, patents, trademarks, trade secrets and other intellectual property rights, are, and shall remain, the sole and exclusive property of Company. Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App strictly in accordance with the terms of this Agreement. You may only use the App on a Device that you own or control and as permitted by the App Store's terms and conditions. The license that is granted to you by Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Company shall not be obligated to indemnify or defend you with respect to any third-party claim arising out of or relating to the App. To the extent Company is required to provide indemnification by applicable law, Company, not the App Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third-party intellectual property rights.
You agree not to, and you will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the App.
Modifications and Updates to the App
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
Company may from time to time provide enhancements or improvements to the features or functionality of the App, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the App. You agree that Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the App, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
Company may not provide any maintenance or support for the download and use of the App. To the extent any maintenance or support is required by applicable law, Company, not the App Store, shall be obligated to furnish any such maintenance or support.
The App may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
You must comply with applicable third parties’ terms of agreement when using the App. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Company. Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice or your account with the App. This Agreement shall terminate immediately, without prior notice from Company, in the event you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies of it from your Device.
Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your Device. Termination of this Agreement will not limit any of Company's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the App; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The App is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Company provides no warranty, promises or undertaking, and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Company nor any of Company’s providers makes any representation or warranty or promise of any kind, express or implied: (i) as to the operation or availability of the App, or the information, content, and materials or products included thereon; (ii) that the App will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the App; or (iv) that the App, its servers, the content, or e-mails sent from or on behalf of Company are free of hackers, viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, Company, not the App Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages you might incur, the entire liability of Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for or through the App or 100 USD if you have not purchased anything through the App.
To the maximum extent permitted by applicable law, in no event shall Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of this Agreement), even if Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You expressly understand and agree that the App Store, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, including any loss of data, whether or not the App Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Company does not make any warranties concerning the App. To the extent you have any claim arising from or relating to your use of the App, Company, not the App Store, is responsible for addressing any such claims, which may include, without limitation: (i) any product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
International Use and Export Controls
The App is operated from its location in the United States of America. Company does not represent that the App is appropriate or available for use in all jurisdictions, and not all of our products or services discussed on the App are available in all jurisdictions or appropriate or available for use outside the United States. Company prohibits accessing content from within jurisdictions where such content is illegal. If you choose to access the App from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws, including applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Certain software and services offered on or through the App may be subject to United States export controls and economic sanctions laws. In particular, but without limitation, software and software services through the App may not be exported to any U.S.-embargoed countries or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
Changes to this Agreement
Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. When we modify or replace the Agreement, we will notify you by posting on the App. You must discontinue using the App if you disagree with the modifications. Any changes will become effective as of the date of posting. By continuing to access or use the App after any revisions become effective, you agree to be bound by the modified or replaced Agreement. If you do not agree to the modified or replaced Agreement, you are no longer authorized to use the App.
This Agreement is governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without giving effect to the principles of conflicts of laws of such state and are binding on you in the United States and worldwide. Except as otherwise stated in this Agreement, Company makes no representation that the App is appropriate, legal or available for use in other locations. Accordingly, if you choose to use the App, you agree to do so subject to the internal laws of the State of Tennessee. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of this Agreement.
If you have any questions about this Agreement, you may contact us at the following:
Cinnamon Entertainment Group LLC
4112 Nolensville Road #111751
Nashville, TN 37222 USA