EFFECTIVE DATE: June 1, 2012
Mobile Media Partners and its subsidiaries and affiliates (“Provider”) provides this skill gaming platform (“Platform”), including all applications, offerings, games, games, information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the "Service") available for Your use subject to the Terms and Conditions set forth below. These Terms and Conditions constitute a legally binding agreement that govern Your use of the Platform and spell out what You can expect from us and what we expect from You.
1. Acceptance of the Terms and Conditions
Please read the following Terms and Conditions carefully. Each visitor (a “User,” “You” or “Your”) who accesses, uses or downloads in any way, any Service or merely browses this Platform, agrees to and is bound by all terms, conditions, notices as well as any forum, application or game specific rules published, contained or referenced on the Platform (“Terms and Conditions”). If You do not agree to these Terms and Conditions, do not use the Service.
You agree and acknowledge, as condition of participating in the Service, that Facebook does not sponsor, endorse, administer, or is in any way associated with, the Service. All questions regarding the Service must be directed to Provider, not Facebook. You also agree that as a condition of participating in the Service You shall release Facebook from any and all liability arising out of Your participation in said Service.
2. Changes to the Terms and Conditions
Provider reserves the right to revise and amend the Terms and Conditions in its absolute discretion at any time, without prior notice to You. In the event we do so, we will post the changes on this page and the date of the changes at the bottom of this page. You are responsible for regularly reviewing the Terms and Conditions. If the Provider makes what it considers to be material changes to the Terms and Conditions, Provider will give You additional notice by sending a notice to the e-mail address We have on file for You or messaging within the Service, of any changes. Provider also may give mobile Users push notification via the User’s smart phone. Your continued use of the Service after a change or update has been made to the Terms and Conditions will constitute Your acceptance of such change or update. If You do not agree to the Terms and Conditions or any changes or updates, Your sole remedy is to cease using the Platform or any Service offered therein. If You breach any of the Terms and Conditions, Your authorization to use the Platform automatically terminates.
To be eligible to register and create an authorized account (“Account”), You must be at least thirteen (13) years of age or older, and may not be a firm, business entity or institution. Provider reserves the right to verify Your age. Any failure to cooperate with Provider in this respect will result in termination of Your Account. Provider reserves the right to deny access to the Platform to anyone at its sole discretion.
Your Account will allow You to access the Platform. Some functionality, including the ability to enter into a competition where the User pays a fee in order to participate in an event for the chance to win a prize (“Prize Gaming”) on the Platform will not be made available to Users under eighteen (18) years of age (or the age of majority in the Jurisdiction in which You reside, if greater) as detailed below.
By using this Platform and Service, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User. Employees, officers, directors, investors, agents, and representatives of Provider or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household are NOT eligible to create an Account on the Platform.
4. Account Registration
When You register through Your SNS account, You will be asked to login to the Service using Your SNS account credentials. Creating an Account for the first time via a SNS will prompt You to merge Your WinSomething and SNS accounts. By creating a WinSomething Account via Your account with an SNS, You are allowing Provider to access your SNS account information and You are agreeing to abide by the applicable terms and conditions of Your SNS in Your use of the Service via such SNS.
By registering for an Account, You also consent to allow Provider to access Your Account information to, among other things, investigate complaints or other allegations of abuse. Provider reserves the right to reject or revoke Your Account at its discretion for any reason.
5. User Accounts
A. Account Responsibility
When you create Your Account, You represent that You are at least thirteen (13) years of age and are not a person barred from receiving the Service under the laws of the United States or other applicable Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by clicking on My Account tab on the Platform and following the instructions.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account, refuse any and all current or future use of the Service (or any portion thereof) and/or void all Your deposits and winnings. You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under Your Account.
B. Secrecy Obligation
You agree to keep Your Identifiers secure and confidential. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an e-mail to help@WinSomething.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider.
You may be required to confirm Your identity and personal information by providing additional verification documents as reasonably requested by the Provider. Your inability to provide such verification documents could result in Your access to the Platform being suspended and all funds being locked to allow for further investigation. Without limiting the foregoing, any transactions made and accepted on the Platform where Your Identifiers have been used and where You have not previously notified Provider as provided herein will be treated as valid and You will be responsible for the same, including any expenses incurred; Provider will not issue any form of compensation.
C. One Account
Only one Account is allowed per person. If it is determined that You have registered more than one Account, then You acknowledge and agree that You shall not be eligible to win any prizes and Provider has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Platform (or any portion thereof) and/or all deposits and winnings may be voided and not returned to You. In such an event, Provider uses these funds to defray the costs of administration and enforcement of these Terms and Conditions.
Prize games are classified/categorized by the dollar value of the prize that is offered for that prize game. The Game Rules for each prize game are different and are subject to addition, alteration and modification by Provider at any time and without notice. Game Rules include, without limitation, a restricted period (the number of days of which is determined by Provider) from the date that a User has won a particular prize game (“winner”) and until that winner can again register to play that level or any other level prize game again. Grand Prize Winners are players who have won 4 or more prize games or prizes that total $200 or more. A Grand Prize Winner is not allowed to compete or Win another prize for 365 days following their last prize win. The definition of “winner” with respect to the application of the restriction period also includes, but is not limited, each family member and any other person sharing the same address as the winner of the prize game.Provider will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. However, You will be liable for losses incurred by Provider or another party due to someone else using Your Account.
E. No Transfer
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in any Service using Your Account information, and in no event any person under the age of thirteen (13) years, to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in Your Account. Provider will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. However, You will be liable for losses incurred by Provider or another party due to someone else using Your Account.
Each game offered on the Platform is a game of skill where the outcome is determined by a User’ skill rather than chance or luck. For more information regarding the games offered on the Platform, including competition formats, rules, scoring, controls and guidelines (collectively “Game Rules”), please see Winsomething.com/Rules. Each game offered on the Platform is subject to its own Game Rules. In the event You enter and/or participate in a game, You accept and agree to abide by all rules governing said game. Game Rules may be amended from time to time, so please check them often. Game Rules are deemed to be incorporated into these Terms and Conditions. It is Your responsibility to know and understand the Game Rules, including any required entry fees, if any, for any given game. The number of players participating in a game and their relative skills determine the result of all games; precise odds of winning are therefore unavailable.
Games made available on the Platform will be offered as either free or as Prize Gaming, which may require You to pay a fee in order to participate for the chance to win a prize. For Prize Gaming, any fees will be deducted from the funds deposited in Your Account. Free games will be made available to all authorized Users. To be eligible for Prize Gaming, You must be eighteen (18) years of age (or have reached the age of majority in the Jurisdiction in which You reside, if greater) and are not a person barred from receiving the Service under the laws of Your Jurisdiction as detailed below.
The results and winners of each game available on the Platform will be determined by the Provider in its sole discretion. In the event of a dispute relating to a game, including issues relating to Your compliance with these Terms and Conditions, You agree to be bound by the decision of Provider, which is final in all respects.
If Provider determines that operating a game is not feasible for any reason, including, but not limited to, a change in the risk of operating the game, or insufficient participation in the game, then the game may be ended by Provider and Provider shall owe You nothing.
7. Prize Gaming
A. Local Laws and Service Limitations
You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Platform and the Service. The laws governing skill gaming are set up by each individual state, not by the federal government. Access to the Platform as well as any Service offered therein may therefore not be legal for some or all residents of, or persons present in, certain Jurisdictions. Residents of Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee and Vermont are NOT eligible to participate in Prize Gaming when consideration is paid to participate. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
We do not intend that the Prize Gaming be used by persons present in Jurisdictions in which participating in the Prize Gaming, may be prohibited or restricted. By creating an Account, You represent that Your participation in the Service, including Prize Gaming, is subject to all the laws of the Jurisdiction in which You reside and from which You access the Platform and You are solely responsible for obeying those laws. Provider may require any User receiving any winnings to provide proof that he or she is eligible to participate as specified above.
If You open an Account and/or participate in a Prize Gaming event offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having Your Account suspended or terminated. Additionally, all Your deposits and winnings, if any, may be voided at the sole discretion of the Provider. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Service offered on the Platform nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.
B. Entry Fees and Game Prizes
Prize Gaming involves Users paying fees to participate. Any fees will be deducted from the funds deposited in Your Account.
Game prizes may be virtual for use only in the Service or they may be “real.” The prize for all games will be disclosed at the outset of each game. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Provider.
Prize winners may be required to execute and return an affidavit of eligibility, a copy of the winner’s drivers license, a liability release and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms and Conditions, the prize will be forfeited and may be awarded to another winner at the Provider’s discretion.
Lifelines will be available for purchase and use in Prize Gaming. For more information regarding Lifelines, how to purchase Lifelines and their usage, please see WinSomething.com/Rules.
You agree that all sales of Lifelines are final. No refunds will be given, except in Provider’s sole and absolute discretion. All Lifelines are forfeited if Your Account is terminated or suspended for any reason, in Provider's sole and absolute discretion, or if Provider discontinues providing the Service.
To participate in certain games and to purchase Lifelines, You will be required to pay funds into Your Account by any of the methods permitted by the Platform. Such funds will be deposited into Your Account upon actual receipt of funds by the Company and/or its agents. Minimum and maximum limits may be applied to Your payments into Your Account, depending upon Your history with the Platform, the method of deposit, and other factors as determined solely by the Provider. The Provider is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit in Your Account. All payments into Your Account must be from a payment source on which You are the named account holder.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If You make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our third party payment processor or Your financial institution and You may be charged a service fee for such conversion. Please also be aware that our third party payment processors or Your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of the Provider and we recommend that You contact Your financial institution directly for more information.
It is the policy of the Platform, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 U.S. dollars on the Platform in any given year. Depending on the jurisdiction in which You reside, the Platform may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
F. Withdrawal Process
You may request a withdrawal of funds from Your available cash account balance in Your Account at any time. The minimum withdrawal is $10.00 U.S. dollars or Your entire balance (if less than $5 U.S. dollars). Account holders with pending deposits must wait until those funds clear before requesting a withdrawal.
Processing of requested funds back to a credit card, debit card or PayPal account may take up to five (5) business days; provided, however, the Platform reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. If You do not receive Your withdrawal within five (5) business days, please contact customer support at help@WinSomething.com.
Provider reserves the right to require You or credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received; if Provider has not received verification within 10 days, the withdrawal request will be cancelled and the Account in question will be suspended.
If Your Account is closed by the Provider for a violation of the Terms and Conditions, Your deposits may be voided and not returned to You. In such an event, Provider uses these funds to defray the costs of administration and enforcement of the Terms and Conditions.
The sweepstakes is open only to legal residents of Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming 18 years of age or older. If you are not a legal resident of and located in Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming or are not of sufficient age, you may not enter the sweepstakes or win a prize, and if your entry is selected, the prize will not be awarded to you. The Sweepstakes is subject to all federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Sweepstakes prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes consists of 1 weekly prize drawing per week, which will start at 10:01 p.m. EST and end 10:00 p.m. EST on the Tuesday of each respective week of the promotional period. The Administrator’s computer is the official time-keeping device for the Sweepstakes.
C. Alternate Method of Entry
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. Any purchase made inside of the mobile application will not improve a person’s chances of winning. Purchases inside the mobile application should be made solely for enjoyment of playing Win Something irrespective of any Sweepstakes. Receive A Game Entry Without Purchase (alternate method of entry, “AMOE”): A Participant can request a Game Entry without playing Win Something or buying anything by mailing a legibly handwritten, self-addressed, stamped envelope (“SASE”) with sufficient postage and a return address, including first and last name, street address, city, state, and ZIP code to: Mobile Media Partners, c/o Win Something, 777 Terrace Avenue Ste. 503, Hasbrouck Heights, NJ 07604. Please also include your email. In response we will confirm your entry into that weekly Sweepstakes Prize Drawing. Mail-in requests, including both outer envelope and SASE, must be handwritten. Outer envelope must include a return address in the upper left hand corner that matches the requestor’s street address, and must be received by Sponsor no later than 11:59 p.m. EST the Monday preceding each weekly drawing. Requests from Vermont (“VT”) residents that are postmarked in VT may omit return postage. Requests from VT residents that are postmarked outside of VT and omit return postage may be required to provide proof of VT residency to Sponsor's reasonable satisfaction before requests are fulfilled. Each request must be mailed in a separate stamped outer mailing envelope. Requests that are sent in business reply envelopes, that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with these Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes.
9. Termination of Accounts/Services
These Terms and Conditions shall become effective upon Your acceptance or Your use of the Platform and shall continue until terminated by Provider or You as provided for under the terms of this Section.
C. Inactive Accounts
If You do not use Your Account by logging on and playing in a game for a period of six (6) consecutive months or more, Provider reserves the right to charge a maintenance fee of $1.00 per month (the “Monthly Maintenance Fee”). After six (6) or more months of inactivity, Provider will notify You by e-mail that if Your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from Your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from Your Account if there are no funds in Your Account. However, if Your Account has for twelve (12) or more consecutive months had no funds or activity, Provider reserves the right to close Your Account. Provider will provide You with at least one month’s notice by e-mail if we intend to close Your Account for this reason.
When Your membership is terminated, You may no longer have access to data, messages, files and other material You keep on the Platform. The material may be deleted along with all Your previous posts and briefs.
10. Intellectual Property Rights
A. Copyright Information and Personal & Non-Commercial Use Limitation
The Service and the compilation of all content included on this Platform are owned or licensed by Provider and/or its affiliates and protected by United States and international copyright laws. Provider does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Service subject to these Terms and Conditions. Unless otherwise specified, the Service on this Platform is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. You may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Platform in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located on this Platform;
4. Information reasonably sufficient to permit the service Provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
Address: 777 Terrace Avenue, Suite 503
Hasbrouck Heights, NJ 07604
Fax: (201) 288-8208
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Platform. All other inquires to the Designated Agent will not be answered.
Provider and/or its affiliates own or are in the process of registering trademarks for its many goods and services, including without limitation, winsomething, and the associated graphics, logos and service marks, and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Platform are the property of their respective owners.
D. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Platform shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
E. Winners’ Lists and Rights of Publicity
You agree to the use by Provider, and it subsidiaries, affiliates and assigns, of Your name, username, address, likeness, portrait, voice, biographical information, and/or any statements made by You regarding the Platform, the Service, any games offered therein, or Provider for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER OF A GAME OR CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS’ LIST.
11. Blogs, Forums & Other Interactive Services or Areas
The Platform may include discussion forums or other interactive areas or services, such as blogs, chat rooms, bulletin boards, or other areas or offerings in which You or other parties create, post or store any content, messages, comments, materials or other items on the Platform (“Interactive Areas”). You are solely responsible for Your use of the Platform’s Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Platform any of the following:
A. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
B. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
C. User Content that You do not have the right to upload, post, e-mail or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
D. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
E. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
F. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents Your affiliation with Provider, or any other person or entity;
G. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
H. Private information of any other party, including, without limitation, phone numbers, postal addresses, e-mail addresses, social security information, credit and debit card information and other financial institution account information;
I. User Content “stalking” or otherwise harassing another user of the Platform or an employee of Provider or any of its affiliates;
J. User Content that disrupts the Platform or the servers or networks connected to the Platform or collects or stores or attempts to collect or store personal data about the Platform’s Users;
K. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
L. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Platform, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Platform and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Platform for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Platform at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Platform in violation of the foregoing violates these Terms and Conditions for the Platform and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Platform. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Platform, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’s company, employees, customers or the public.
Please be aware that any User Content You post on the Platform becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, Provider discourages You from posting on the Platform any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE PLATFORM, YOU DO SO AT YOUR OWN RISK.
12. Online Conduct and Abuse
A. Online Conduct and Abuse
You agree to use the Platform and the Service provided through this Platform only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Platform or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Platform that is intended to interrupt the functioning of the Platform or the games; (ix) harassing other Users; (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account or the Platform; (xii) breaching any of these Terms and Conditions; (xiii) using unfair methods to play the games (Any technique which allows a User to use anything other than pure skill in the conduct of a game is unfair for these purposes. Such techniques may include, but are not limited to, multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another User, or deliberately losing games for the purpose of getting a competitive advantage.); or (xiv) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Platform.
B. Rules for Communication and Anti-Spam Policy
It is possible for Users to contact each other on the Platform. In doing so, Users are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
Provider opposes the practice commonly referred to as “Spam.” If You are reported and a claim of “Spam” is validated by Provider against You, You may have Your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of Provider. Additionally, Your deposits or winnings, if any, may be voided at the sole discretion of Provider. Provider defines “Spam” as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat or “instant messaging” system.
C. Reporting Abuse or Inappropriate Conduct
If you wish to report any abuses, inappropriate online conduct or a violation of Provider’s Terms and Conditions, please forward all evidence of the same to help@WinSomething.com. Please refer responsibly!
D. Penalties for Abuse, Inappropriate Online Conduct and Violating Provider’s Terms and Conditions
Provider reserves the right to block, cancel or terminate Your Account without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in Sections 11(A) and (B) above. Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate Your Account. (Suspension serves as a “final” warning and is intended to prevent You from continuing any abusive behavior.) If this occurs, then games that have already begun may be aborted by Provider; You must then compensate Provider for any problems arising there from. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account in Provider’s sole discretion, and may void Your deposits and winnings, if any. Provider reserves the right to lift any suspension against You at any time, at its sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
13. Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of the Platform, the Service or any game offered on the Platform is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Platform, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Platform may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Platform, including Your participation in any game on this Platform, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Platform. Provider aims to be as accurate as possible when it comes to presenting accurate trivia question and quiz content. However, Provider does not warrant that any trivia content is accurate, complete, reliable, current, or error-free. Provider is not responsible for the accuracy of trivia questions and is not responsible for problems that may arise from the use of incorrect or incomplete trivia questions. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Provider spokesperson. advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
THIS PLATFORM, INCLUDING THE SERVICE OR ANY GAME OFFERED ON THE PLATFORM, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, SECURITY OF THE PLATFORM, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE PLATFORM, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS PLATFORM. ANY SERVICE, GAME OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A TELEVISION SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
B. Limitation of Liability
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM OR ANY RELATED SERVICE. THE OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, SOFTWARE, OR ANY RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS PLATFORM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PLATFORM. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
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.
If You are dissatisfied with any portion of the Platform or the Service offered therein, Your sole and exclusive remedy is to discontinue Your use of this Platform.
15. Third Party Payment Processors
Users will also be able to make purchases and/or deposits using Facebook Credits and in application purchases through the iTunes store. If you purchase Facebook Credits from Facebook or make purchases through the iTunes store, You are agreeing to Facebook and Apple Inc.’s payment terms and Provider is not a party to the transaction.
16. Privacy and Protection of Personal Information
17. Maintenance and Reporting Problems
Provider conducts maintenance work on its system from time to time mainly for the purpose of ensuring the server’s security and integrity. If possible, You will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Platform will not be available during maintenance periods.
All problems encountered during the use of the Platform, including those with regard to Your Account, etc., can be reported to Provider when the problem is encountered at help@WinSomething.com.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions, the Service or any game offered through this Platform or otherwise interrupt or attempt to interrupt the operations of the Platform (collectively, a “Circumvention Act”). If the Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter Your chances of winning, or to otherwise commit fraud with regard to the Platform, then, in such an event, You will forfeit all winnings to which You may otherwise be entitled. Provider, in its sole discretion, may also void Your deposits, if any, and reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
If You use this Platform, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Platform, including e-mail address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Account and Your unique Identifiers and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or Your unique Identifiers. You agree to (a) immediately notify Provider of any unauthorized use of Your Account and Your unique Identifiers or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this Section.
Provider reserves the right to monitor all network traffic to this Platform to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Platform in any fashion. Anyone using this Platform expressly consents to such monitoring.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use or misuse of the Platform or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party’s access and use of the Platform or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 5(B); (c) Your connection to any Provider website; (d) Your violation of these Terms and Conditions; (e) Your violation of any sports betting regulations, edicts or laws to which the You are subject; or (f) Your violation of any rights of a third party or service provider. Provider reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Provider, and You agree to cooperate with Provider’s defense of these claims. Provider will use reasonable efforts to notify You of any such action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of Your Account or of the Service.
22. Applicable Law/Jurisdiction
23. Statute of Limitations
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions, which shall continue to be in full force and effect.
You will not transfer, assign or delegate Your rights or obligations (including Your Account) under this agreement and all incorporated agreements to anyone without Provider’s express written permission, and any attempt to do so will be null and void. We may assign this agreement without restriction.
26. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (a) this Platform is a service provided by Mobile Media Partners, 777 Terrace Avenue, Suite 503, Hasbrouck Heights, NJ 07604 and that (b) the fees and charges for the Service vary depending on the features selected by the You. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, please contact Customer Service at help@WinSomething.com. For complaints, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Unless You otherwise advise us in writing, we will communicate with You by electronic mail to the e-mail address You provided as part of Your Registration Data or by posting communications on the Platform. You consent to receive communications from us electronically and You agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication twenty-four (24) hours after we send it to the e-mail address You have provided to us (unless the sender is notified that the email address is invalid), or when we post such communication on the Platform. You must keep Your e-mail address updated, and You must regularly check the Platform for postings. We may also give You legal notice to the postal address provided during the registration process (as amended by You). In such case, notice shall be deemed given three (3) days after the date of mailing. All notices to us intended to have a legal effect concerning this agreement must be in writing and shall be sent by registered mail to:
Mobile Media Partners
777 Terrace Avenue, Suite 503,
Hasbrouck Heights, NJ 07604
Such notices to Provider are deemed effective upon receipt.
28. Entire Agreement
You are reminded to print all transaction data, payment methods and the Terms and Conditions in order to avoid misunderstandings at a later time.
DATE LAST MODIFIED: December 1, 2013
Your Privacy Rights
How we collect information about you
When you visit the WinSomething.com website or our mobile application, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us includes data on the pages you access, your computer IP address, device identifiers, the type of operating system you’re using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you’re using and traffic to and from our site. When you visit the WinSomething.com website or use our application, we also collect information about your transactions and your activities.
In addition, if you redeem a prize, discount offer, or coupon we may collect the following types of information:
Contact information, such as your name, address, phone, email, and other similar information.
Financial information, such as credit card numbers that you enter for use with our prepaid discount offers.
Detailed personal information such as your date of birth or social security number.
We may also obtain information about you from third parties such as credit bureaus and identity verification services.
In order to help protect you from fraud and misuse of your personal information, we may collect information about your use and interaction with our website or application. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity. We may also collect additional information from or about you in other ways, such as through contact with our customer support team, results when you respond to a survey and from interactions with members of the Mobile Media Partners Inc. corporate family or other companies
When you access our website or use our app, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, "Flash cookies," or other local storage provided by your browser or associated applications ("Cookies"). We use these technologies to: recognize you as a customer; customize our application, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and application.
We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire.
We encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of our website and application. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies.
How we protect and store personal information
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.
We store and process your personal information on our computers in the US and elsewhere in the world where our facilities are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
How we use the personal information we collect Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:
provide customer support
process transactions and send notices about your transactions
resolve disputes, collect fees, and troubleshoot problems
prevent potentially prohibited or illegal activities, and enforce our User Agreement
customize, measure, and improve WinSomething and the content, layout, and operation of our websites and applications
deliver targeted marketing, service update notices, and promotional offers based on your communication preferences
contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement
compare information for accuracy and verify it with third parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize WinSomething, content, and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by logging into your account and going to the Notification section under the Settings tab and updating your preferences, or by following the directions that may be provided within the communication or advertisement.
We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.
We may call or text message (SMS) you at a mobile phone number that you have provided to us. You can indicate your contact preferences by logging into your account and adjusting your preferences in your Account Information Settings or by following the directions provided within the communication. Back to top
How we share personal information with other WinSomething users
To process your payments, we may share some of your personal information with the person or company that you are paying or that is paying you. Your contact information, date of sign-up, the number of payments you have received from verified WinSomething users, and whether you have verified control of a bank account are provided to other WinSomething users with whom who you transact through WinSomething.
If you are buying goods or services and pay through WinSomething, we may also provide the seller with your shipping and billing address to help complete your transaction. The seller is not allowed to use this information to market their services to you unless you have agreed to it. If an attempt to pay your seller fails, or is later invalidated, we may also provide your seller with details of the unsuccessful payment. To facilitate dispute resolution, we may provide a buyer with the seller’s address so that goods can be returned to the seller.
We work with third parties, including merchants, to enable them to accept payments from you using WinSomething. In doing so, a third party may share information about you with us, such as your email address or mobile phone number, to inform when you attempt to pay a merchant or third party. We use this information to confirm that you are a WinSomething customer and that WinSomething as a form of payment can be enabled, or to send you notification of payment status. Also, if you request that we validate your status as a WinSomething customer with a third party, we will do so. Please note that merchants, sellers, and users you buy from or contract with have their own privacy policies, and although WinSomething’s user agreement does not allow the other transacting party to use this information for anything other than providing services, WinSomething is not responsible for their actions, including their information protection practices.
Regardless, we will not disclose your credit card number or bank account number to anyone you have paid WinSomething except with your express permission or if we are required to do so to comply with credit card rules, a subpoena, or other legal process.
How we share personal information with other parties
We may share your personal information with:
Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
Credit bureaus and collection agencies to report account information, as permitted by law.
Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you meet their criteria which includes having WinSomething close your WinSomething Account due to your breach of the WinSomething User Agreement).
Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to WinSomething or one of its affiliates; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
Other third parties with your consent or direction to do so.
WinSomething will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.
If you open a WinSomething account directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on a WinSomething website) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with personal information. WinSomething is not responsible for the content or information practices of such third parties.
How you can contact us about privacy questions
If you have questions or concerns regarding this policy, you should contact us by writing to us at WinSomething, Attn: Privacy Department, 777 Terrace Avenue, Suite 503, Hasbrouck Heights, NJ 07604 or email@example.com with subject Privacy Concerns.