FOR CONTEST ENTRANTS OF THE WIN A PRIZE APPLICATION
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WIN-A-PRIZE APPLICATION (THE “SERVICE”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT CLICK [“I AGREE”] AND DO NOT USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF USE OF THE WEB SITE(S) OF INCFUEL, AS SUCH TERMS AND CONDITIONS OF USE MAY CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE TERMS OF SERVICE AND ANY TERMS AND CONDITIONS SET FORTH ON SUCH INCFUEL WEB SITES.
THESE TERMS AND CONDITIONS INCLUDE SEPARATE TERMS APPLICABLE TO (1) PROSPECTIVE ENTRANTS IN CONTESTS, (2) COMPANIES RUNNING CONTESTS USING THE SERVICE, TOGETHER WITH TERMS AND (3) CONDITIONS APPLICABLE TO ALL CONTESTANTS AND USERS OF THE SERVICE.
I. TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE SERVICE:
A. We do not actively monitor the use of the Service or contests conducted using the Service (“Contests”) under normal circumstances. Similarly we do not exercise editorial control or review over the content or nature of any Contest or of any web site, electronic mail transmission, newsgroup, or other material created or accessible over or through such Contests. If at any time we choose, in our sole discretion, to monitor a Contest, we nonetheless assume no responsibility for its content, no obligation to modify or remove any inappropriate content or Contests, and no responsibility for the conduct of any third party entering or conducting a Contest. IncFuel intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws or regulations. By using the Service, you release IncFuel from any liability stemming from IncFuel’s cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that IncFuel reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice. IncFuel may take any one or more of the following actions, or other actions not listed, at IncFuel’s sole discretion in response to violations of IncFuel’s policies: (i) issue warnings: written or verbal; (ii) suspend or terminate your Contest from our Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
B. IncFuel may, from time to time, need to interrupt the Service for maintenance and other operational reasons, and you shall not receive any compensation or refund for such interruptions.
C. Because of situations beyond the control of IncFuel, IncFuel cannot guarantee that the Service will be available to you or that the Service will function properly. IncFuel does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND THAT INCFUEL MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE OR THAT CONTESTS WILL BE CONDUCTED IN CONFORMANCE WITH LAW OR REGULATION. INCFUEL HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, INCFUEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
D. The Service may provide, or third parties may provide, links to other web sites or resources. Because IncFuel has no control over such sites and resources, you acknowledge and agree that IncFuel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Contest, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IncFuel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Contest, content, goods or services available on or through any such site or resource.
E. You agree to not use the Service to:
F. If there is any dispute about or involving the Service, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal and state courts located in the Commonwealth of Massachusetts. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by IncFuel. These Terms and Conditions and any and all other online policies promulgated by IncFuel, constitute the entire agreement between IncFuel and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of IncFuel to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
II. TERMS AND CONDITIONS APPLICABLE TO PROSPECTIVE CONTEST ENTRANTS OF CONTESTS OFFERED USING THE WIN A PRIZE APPLICATION
A. Requests for Your Personal Information
Companies running a Contest using the Service may ask you for certain personal information (name, address, gender, date of birth etc) when you fill out the entry form for the contest. Providing this information is strictly optional. If you prefer, you may enter the contest without providing any personal information. In this case the only identifying information that the company running the Contest can access about you is your Facebook ID number.
You agree that IncFuel may use any information you provide, for the purpose of aggregate analysis of the performance of the Contests conducted using IncFuel’s Service.
B. Access to Your Personal Information
If you provide personal information when completing the entry form for a Contest being run using the Service, only the company running the Contest will be able to view that personal data. However, IncFuel is not responsible for such company’s use of that personal data nor any claims or damages that may arise from their distribution of that personal data. You acknowledge that IncFuel shall not be responsible for any use of your personal data by the company running the Contest or any other third party.
C. Contest Terms & Conditions
Each company running a Contest using the Service is responsible for providing its own terms and conditions for their Contest. A link to the terms and conditions for each Contest is provided in the contest entry form. You will be required to agree to these terms and conditions before you can enter the Contest. It is important that you review those terms and conditions carefully before consenting to them. You acknowledge that IncFuel shall not be responsible for any such company’s or other third party’s compliance or non-compliance with such terms and conditions or with applicable law or regulation. All such matters are solely between you and the third party offering the applicable Contest.
III. FOR ENTITIES OR INDIVIDUALS RUNNING CONTESTS USING THE WIN A PRIZE APPLICATION
A. Contestant's Personal Information
IncFuel agrees and acknowledges that you shall own any and all information provided to you by each contestant. IncFuel shall use such information, royalty-free, solely for the purpose of conducting aggregated analysis of the performance of the Contests conducted using IncFuel’s Service.
B. Compliance with Laws and Regulations
You acknowledge that IncFuel’s Service merely enables Contests and that the Service provides no safeguards that ensure you operate your Contest properly. You hereby covenant that you will comply with all applicable law and regulations in the creation, operation and completion of your Contests. You further covenant that you will comply with all statements and promises made to contestants, except to the extent in violation of applicable law or regulation. You agree to indemnify, defend and hold harmless IncFuel, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from your use of the Service, your violation of these Terms and Conditions or your infringement, or infringement by any other contestant as part of a Contest, of any intellectual property or other right of any person or entity. IncFuel will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms and Conditions will inure to the benefit of IncFuel’s successors, assigns and licensees.
C. CHARGES
The Service is currently being offered free of charge. At any time, IncFuel may implement charges for use of the Service and ask you to pay for the Service or require you to discontinue your usage. Pricing plans, if any, for the Service are yet to be determined. No fee charges will apply to Contests already in process, up to three (3) months maximum from institution of such fee change.
D. SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION
Facebook requires that IncFuel notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:
I. Introduction
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications").
The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.
PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.
II. Consent Regarding Use of Facebook Site Information
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):
(i) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and
(ii) the user ID associated with your Facebook Site profile.
(b) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall™, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
(c) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.
(d) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
(e) Facebook Applications. Platform Applications developed by Facebook ("Facebook Applications") may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.
III. Use of Platform Applications
(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
(c) Facebook Terms of Use. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Use, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Use directly contradict such Facebook Site Terms of Use, these Platform Application Terms of Use shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Use, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;
(d) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
(b) Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook's prior written consent. Facebook may require you to agree to additional or different terms of use and may notify you of additional or different policies that may apply to particular Facebook Applications.
(e) ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS 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. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
(f) Integration or "Entire Agreement" Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III (c), (d) (e) and (g) and this paragraph (f), , except to the extent that such terms directly conflict with the terms of such other agreement or terms.
(g) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A 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.
(h) Modifications. Facebook reserves the right to modify these Platform Application Terms of Use at any time, in its sole discretion. If Facebook elects to modify this Agreement, Facebook will post a change notice or a new agreement on the Facebook Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR FACEBOOK TO PROVIDE FACEBOOK SITE INFORMATION TO DEVELOPERS AS DESCRIBED IN PARAGRAPH (h) ABOVE. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.