GIVEAWAY TERMS & CONDITIONS

Last Updated: June 2017  

Below are the established Terms of Service for Smoothreward.com. We encourage you to read this document carefully before participating in our program. You must be 18 years of age or older and a valid United States of America resident to participate in any Smoothreward.com Service.

This agreement governs your use of all Smoothreward.com promotions, which includes the Smoothreward.com network of sites (the "Service").

BY USING THE SERVICE, YOU AGREE TO THIS END USER LICENSE AGREEMENT, WHICH WILL CONSTITUTE A VALID, ELECTRONIC AGREEMENT ENFORCEABLE AGAINST YOU FOR YOUR USE OF THE SERVICES, AND WHICH INCLUDES THE Smoothreward.com PRIVACY POLICY AND OTHER POLICIES AND GUIDELINES OF THE SERVICE, INCLUDING OFFICIAL RULES FOR ANY CONTESTS OR SWEEPSTAKES, OFFICIAL GIFT RULES, AND THE POLICIES AND GUIDELINES OF OUR THIRD PARTY PARTNERS ("SPONSOR(S)") (COLLECTIVELY, THE "AGREEMENT"). ALL SUCH RULES, POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

You must be 18 years of age or older and a United States of America resident to participate in this service. You are not authorized to use the service of Smoothreward.com if you do not meet these requirements. Smoothreward.com reserves the right, at its sole discretion, to change or modify the Terms and Conditions of this Agreement at any time; you may not modify or change any part of the terms and conditions of this Agreement at any time.  It is Your sole responsibility to check this Agreement regularly to determine if any changes or modifications have been made. You agree and accept any changes or modifications made to this Agreement through your continued use of any part of the Service following the posting of any changes to the terms and conditions of this Agreement (including all rules, policies, and guidelines incorporated herein).

Membership Requirements

In order to maintain membership for Smoothreward.com’s Service you must meet the following requirements. Smoothreward.com reserves the right to deny, cancel, or terminate any user that does not meet these requirements. (a) You must be 18 years of age or older to participate, no exceptions will be made. (b) You must be a valid resident of the United States of America, no exceptions will be made. (c) You may only sign up and maintain one (1) membership account with Smoothreward.com, Smoothreward.com reserves the right to deny, cancel, or terminate duplicate accounts. (d) You must provide accurate information to Smoothreward.com upon registration. Should your information change at any time it is your sole responsibility to inform Smoothreward.com of the change. (e)To the full extent applicable by law, Smoothreward.com reserves the right to, in its sole discretion, for any or no reason to deny or refuse to accept any user for membership. (f) Your account is personal to you and is non-transferable. You may not allow any other person to access you account. It is your sole responsibility to keep your account information private. (g) Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of Smoothreward.com. Furthermore, members shall not use robot or scripts with Smoothreward.com. Violation by member will result in termination of account and forfeiture or loss of all prizes, gifts, or rewards.

License Grant

Subject to your compliance with the terms and conditions of this Agreement, Smoothreward.com grants you a non-exclusive, non-transferable, revocable, limited license, to use the Service solely for personal, non-commercial, purposes. By participating in or continuing to use the Service you understand that Smoothreward.com, at its sole discretion, may modify or change the Service at anytime, or may modify, change, suspend, or terminate any license hereunder at anytime and for any reason.

Ownership of Service

You acknowledge that the Service is the property of Smoothreward.com or its licensors, and is protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights. All rights not expressly granted hereunder are expressly reserved to Smoothreward.com and Smoothreward.com's licensors.

Content and Infringement

You understand that all third party content, including, without limitation all Sponsor offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through the Service ("Content"), whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. Smoothreward.com does not endorse or control such Content. You understand and agree that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Smoothreward.com or its licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Service. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Service, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

In addition, all Content made available or accessed through the use of the Service is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights. Finally, any suggestions, ideas or innovations that you voluntarily and optionally disclose to us through any means may be used or not used, at Smoothreward.com's sole discretion, and Smoothreward.com will have no obligation to pay to you for any such suggestions, ideas and inventions.

Privacy Policy

You consent to the use and collection of your information in accordance with Smoothreward.com’s Privacy Policy. The Privacy Policy is incorporated into this Agreement and you agree to the use of your information as described in the Privacy Policy. You also agree the use of your information is not in any way a breach of your privacy or publicity rights.

Registration Information and Email Newsletter

If you elect to register to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the our registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, Smoothreward.com may in its sole discretion have grounds to suspect that such is the case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). In addition, when you register for the Service, you agree to receive an email newsletter that may contain Smoothreward.com or Sponsor offers. You may opt-out of receiving this email newsletter at any time by following the opt-out instructions contained in the Smoothreward.com Privacy Policy.

Third Party Offers

The core of the Service is to provide valuable offers to registered users. Many of the offers will be from Sponsors who wish to inform Smoothreward.com’s registered users of their promotional offers.  You are not obligated to opt-in to any Sponsor offers in order to participate in the Service. If you choose to opt-in to any Sponsor offers, you understand that the Sponsor may contact you through the registration information that you provide to Smoothreward.com, including and without limitation, by telephone or email pursuant to the terms of Smoothreward.com’s Privacy Policy. Smoothreward.com reserves the right to update, modify, and/or change the number or mix of Sponsors’ offers, including gift requirement, at any time in its sole discretion.

Official Gift Rules / Participation Requirements

You agree to be bound by the Official Gift Rules and Participation Requirements for any offer you elect to participate in.

Official Sweepstakes Rules

You agree to be bound by the Official Sweepstakes Rules for any sweepstakes you elect to participate in.

Indemnification

You are solely responsible for maintaining the confidentiality of the information you provide to Smoothreward.com. Your are solely responsible for any and all activity which occurs under your account. You agree to notify Smoothreward.com immediately of any unauthorized use of your account or any other breach of security known to you. You agree to indemnify, defend and hold harmless Smoothreward.com, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, your violation of the terms of this Agreement or your infringement, or infringement by any other user through your account, of any Intellectual Property Right or other right of any person or entity.

 

Disclaimer of Warranty

YOUR ACCESS AND USE OF THE SERVICE AND ANY CONTENT IS AT YOUR SOLE RISK. Smoothreward.com PROVIDES THE SERVICE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. Smoothreward.com MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY SPONSORS OR THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER Smoothreward.com NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. Smoothreward.com ALSO DOES NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Termination

Smoothreward.com May terminate this Agreement, suspend or terminate your account, or cease offering the Service, at anytime and for any reason in our sole discretion with or without notice to you.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Smoothreward.com  ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR OFFICERS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY", COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL PROTECTED PARTIES' MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Smoothreward.com'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the personal and exclusive jurisdiction of the state and federal courts located in Brevard County, Florida. You agree that any and all disputes, controversies and claims relating in any way to the Services, your use of the Smoothreward.com website, this Agreement or the breach thereof (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in Brevard County, Florida. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and Smoothreward.com may litigate in any court of competent jurisdiction only to stay or compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators and to enforce the judgment that is entered. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise. However, to the extent you have in any manner violated or threatened to violate Smoothreward.com's intellectual property rights, Smoothreward.com may seek injunctive or other appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Smoothreward.com Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Successor Agreements

Smoothreward.com reserves the right, in its sole discretion, to change or modify the terms and conditions of this Agreement at anytime. You should check back regularly to determine if any material changes have been made. We will prominently post material changes on our site. You agree that your continued use of the Service after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, do not access or use the Service.

General

This Agreement, as modified from time to time as described above, and including the Smoothreward.com Privacy Policy, guidelines and policies incorporated herein by reference, sets forth the entire understanding and agreement between you and Smoothreward.com with respect to the subject matter addressed herein and governs your use of the Service, superseding any prior agreements between you and Smoothreward.com or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Smoothreward.com or its affiliates or related entities pursuant to a registration to access additional software or services provided by Smoothreward.com. Without limiting any other remedy available to us, we may immediately suspend or terminate this Agreement and your access and use of the Service, either with or without notice to you, if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Service. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by Smoothreward.com or act as estoppel against later enforcement. You may not assign any of your rights or delegate any of your obligations under this Agreement. Any purported assignment will be null and void. Smoothreward.com shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Service resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of Smoothreward.com. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Smoothreward.com nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect. All provisions of this Agreement that are intended to survive expiration, cancellation or termination of this Agreement shall so survive. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. If any terms contained herein conflict with the terms contained in any offer or elsewhere on the Smoothreward.com website, these Terms and Conditions control.

For additional information or specific questions, please contact us via email or write to us utilizing the mailing address below.

Mailing Address:
Smoothreward.com
ATTN : Customer Subscription Services
1280 US-1
Malabar FL 32950