ePrize Terms of Service
Important Notice for Fans. By participating in a ePrize campaign, you agree that you are the primary owner of the phone number used to subscribe. Message and Data Rates May Apply. You may unsubscribe from a program at any time by texting STOP to the appropriate shortcode. For additional help, you can text HELP to the appropriate shortcode, email firstname.lastname@example.org or call 888-281-7542. Although frequency varies by program, you should receive no more than 8 messages per month per program. Supported shortcodes include 66937, 50505, 404040, 80929, 30103, 788683, 72855, and 842538. Supported carriers include Alltel, AT&T, Boost, Centennial Cellular, Cincinnati Bell, Nextel, Sprint, T-Mobile, Unicel, U.S. Cellular, Virgin Mobile USA, and Verizon Wireless. Service may not be compatible with all handsets.
Notice: If you are using ePrize for marketing purposes, please see the Commercial Terms of Service.
Welcome to ePrize, provided by ePrize, Inc. These terms of service apply to individual, non-commercial users. By using the Service (as defined below) and associated ePrize mobile features, you agree to be bound by the Terms of Service listed below (the “Terms”).
General Use. The ePrize service consists of mobile request features, online and mobile information aggregation and delivery services that make available information, data, text, graphics, messages and other materials from a wide variety of sources, including the Internet and third party sources (the “Service” or “Services”). Third party sources that make such information and materials available are referred to herein as “Marketers.” You understand that this Service is available for your personal, non-commercial use only. The Services are intended solely for users who are thirteen (13) years of age or older. By using the Service, you acknowledge and represent that you are 13 years of age or older and that you agree to abide by all of the Terms.
Service Limitations and Message Volume. You agree that ePrize, in its sole discretion, may establish general practices and limits concerning use of the Service. You agree that ePrize has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that ePrize reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in ePrize’ sole discretion.
Use of Information. A Marketer’s campaign may ask you to provide personally identifiable information to participate in that campaign. By providing that information you agree that ePrize may store the information you provide and that the Marketer may use the information for that campaign and for future campaigns hosted by that Marketer. ePrize will not sell this personally identifiable information with other Marketers without your consent. If you participate in campaigns with other Marketers that ask you to provide personally identifiable information, ePrize may share this information with other Markerters to simplify your participation in their campaigns and enhance your experience with those campaigns.
ePrize obtains information regarding your wireless services provider through your mobile phone number. We also obtain non-personally identifiable information when you participate in a campaign sponsored by ePrize. We use this information to operate, develop and improve our services and may share it with Marketers and other third parties who engage in transactions with ePrize. Non-personally identifying information collected from one Marketer’s campaign may be used to report on another marketer’s campaign.
Further, Marketers may ask you to submit information about yourself if you have specifically opted-in to receive communications from such Marketers. If you choose to submit the requested information, Marketers may use this information and may share such information with third parties.
User Content and Prohibited Activity. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that as a user, you are entirely responsible for all Content that you upload, post, transmit or otherwise make available using the Service via short message service (SMS), medium message service (MMS), voice messages, live conversations, the ePrize website, the Internet or any other medium. ePrize does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ePrize be liable in any way for any Content. Further, ePrize and any of its Marketers have the right to use, edit, reproduce, distribute, display, or perform any Content you submit to the Service in any manner whatsoever.
You agree that you will not use the Service to upload, post, transmit or otherwise make available any Content:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- That contains nudity, violence, profanity, or offensive subject matter or contains a link to an adult website;
- That harasses or advocates harassment of another person;
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- That contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- That furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or creating and/or distributing computer viruses;
- That contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
That is fraudulent or deceptive.
- You further agree that you will not use the Services to:
- Harm or threaten anyone in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Violate any applicable local, state, national or international law, and any regulations or self-regulatory scheme having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
- Collect or store personal data about other users.
You acknowledge, understand and agree that ePrize may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ePrize, its users and the public.
Moderation of Content. You acknowledge, understand and agree that ePrize and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by ePrize or submitted to ePrize.
Use of Service. For all ePrize campaigns, message and data rates may apply. Text STOP to 66937 to opt out of a campaign at any time. Text HELP to 66937 for more information. For support, visit our Fan FAQs, or email email@example.com. Message frequency depends on the program, but typically no more than 5 messages per month are sent for a single campaign. Campaigns may not work with all carriers.
Sweepstakes and Promotions. ePrize sometimes assists Marketers with the set-up and administration of sweepstakes and promotions. By participating in such a sweepstakes or promotion, you are agreeing to abide by the rules of that sweepstakes and/or promotion. In addition, by participating in such a sweepstakes, you are acknowledging that ePrize accepts no liability for any claim related to compliance with sweepstakes laws and makes no representation or warranty that any sweepstakes complies with applicable law, and you release ePrize from any liability related to such a claim.
Intellectual Property. ePrize respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders’ rights. As a condition of your account with ePrize, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. ePrize reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the ePrize Service, or if ePrize believes that conduct of the user or the feed is harmful to the interests of ePrize, its affiliates, or other users, or for any other reason in ePrize’ sole discretion, with or without cause.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), ePrize will respond expeditiously to claims of copyright infringement committed using the Service that are reported to ePrize. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Copyright Agent at firstname.lastname@example.org.
Disclaimer of Warranties. THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EPRIZE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EPRIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. EPRIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. EPRIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EPRIZE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EPRIZE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED VIA THE SERVICE.
If you use the Service to purchase or otherwise engage in direct transactions with Marketers, all such transactions shall be governed by the terms and conditions entered into with such Marketer. Under no circumstances shall ePrize have any responsibility or liability therefore. If you believe that a Marketer is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to ePrize.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, YOUR COMPUTING DEVICE, AND YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EPRIZE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE EPRIZE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EPRIZE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EPRIZE SERVICES, FROM INABILITY TO USE THE EPRIZE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EPRIZE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EPRIZE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EPRIZE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EPRIZE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EPRIZE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EPRIZE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EPRIZE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall ePrize or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Changes in Terms and Conditions. We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by ePrize.
Special Terms and Conditions. Sometimes campaigns may involve special terms and conditions. We will include a list of active current campaigns here where special terms and conditions may apply.
Effective Date: February 6, 2012