The Rules (the short version):
In other words, have fun and don’t cheat!
The Rules (the long version):
WinFreeCandy GENERAL MEMBERSHIP
IMPORTANT TERMS AND CONDITIONS
Last revised November 26, 2007
You must be 13 years of age or older to participate. If you are between the ages of 13 to 17, you must obtain parental permission before using the WinFreeCandy service.
PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW.
You ("You" or "Member") must complete the Membership Form and read and agree to the terms and conditions of this Agreement ("Agreement") by joining WinFreeCandy.
WinFreeCandy, a California limited liability corporation, ("WinFreeCandy" or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Your continued use of the Service will signify your acceptance to the modified terms. Please review the terms on this website frequently to look for changes.
A. BASIC REQUIREMENTS FOR MEMBERSHIP. To maintain a Membership in the WinFreeCandy Service, You must meet the following requirements and WinFreeCandy reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis. If your account is terminated, under no circumstances will you be paid for prize winnings that violate the terms of this membership agreement:
A.1) You must be 13 years of age or older to participate. If you are between the ages of 13 to 17, you must obtain parental permission before using the WinFreeCandy service.
A.2) ONE ACCOUNT PER MEMBER. You may only sign up once and maintain one Membership in the Service. WinFreeCandy reserves the right to terminate duplicate accounts.
A.3) PROVIDE ACCURATE INFORMATION. You must provide WinFreeCandy with valid contact and residential information and promptly update such information should it change or should additional information be required by WinFreeCandy for legitimate tax-related purposes or any other reason required by applicable law. WinFreeCandy reserves the right to request verification of, and member agrees to be subject to verification of, any of the information provided by member for enrollment with and continued use of the services provided by WinFreeCandy. You may not impersonate or misrepresent your identity. WinFreeCandy reserves the right to terminate any account, and associated membership, containing untruthful information. WinFreeCandy is not responsible for lost payments or communications due to your failure to provide WinFreeCandy with valid contact information as reasonably necessary;
A.4) ENROLLMENT. To the full extent allowed by applicable law, WinFreeCandy at its sole discretion and for any or no reason may refuse to accept applications for membership.
A.5) WinFreeCandy NEWSLETTER. By signing up for WinFreeCandy, you are opting-in to receive WinFreeCandy newsletters. If you do not wish to receive these emails, you may close your account.
A.6) ACCOUNTS ARE NON-TRANSFERABLE. Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account or to receive payments to You; You may not use anyone else's password or account or act to accrue earnings for anyone else's account; You are responsible for keeping Your password secret. WinFreeCandy will not be liable for losses that are incurred through the use of Your password by a third party or the disclosure of your password or account.
A.7) TERMINATION AND CANCELLATION. WinFreeCandy at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the WinFreeCandy Service; (c) acting against the business interests or reputation of WinFreeCandy; (d) otherwise acting unlawfully in relationship to WinFreeCandy, the WinFreeCandy website or the WinFreeCandy Service; (e) breach of our Spamming Policy; or (f) any other reason at the discretion of WinFreeCandy. If your account is terminated by WinFreeCandy, You may not re-enroll or join under a new account unless formally invited to do so by WinFreeCandy. (See Section I. below for more information about termination of accounts.)You may cancel Your Membership at anytime by using the WinFreeCandy website. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account and You will not receive referral payments for referrals made using Your previous account.
A.8) MEMBER ETIQUETTE. Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of WinFreeCandy. Member shall not use robots or scripts with WinFreeCandy. Violation by member will result in termination of membership, loss of any prizes and bar from future participation with the service of WinFreeCandy. Any decision made by WinFreeCandy relating to termination of membership in cases of suspected abuse or violation of its rules shall be final and binding.
A.9) PRIZE REQUIREMENTS. No purchase is required to use the WinFreeCandy service or to win prizes. The selection of winners is carried out on a random basis. Estimated odds of winning depend on the number of entrants and their entries. Each month, WinFreeCandy will issue a fixed number of prizes. Prize winners will be notified via email and on the WinFreeCandy.com Website. Unless stated otherwise, all prizes will be paid within 30 days of the end of the month in which they were awarded. Void where prohibited.
B. YOUR RELATIONSHIP TO WinFreeCandy. By filling out the membership information, You are applying to receive a service. Your relationship to WinFreeCandy is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service. You are fully responsible for filing local, state, or federal or any other taxes if applicable on any compensation received as a result of Your participation in the Service. When/If Your annual prize winnings through the WinFreeCandy Service reaches $250.00, WinFreeCandy will request Your Social Security number and other appropriate tax-related information to use to comply with federal and state tax regulations. WinFreeCandy may not pay out winnings earned in excess of the $250 limit without receiving this information from You.
C. NO TAMPERING. You agree not to tamper with the proper functioning and tracking of the Service. Abuse will lead to termination of Your account and may lead to legal action.
C.1)YOU AGREE AND UNDERSTAND THAT ALTHOUGH WinFreeCandy WILL MAKE REASONABLE EFFORTS TO MAKE THE ACTIVITY DETECTION PROCESS FAIR AND CONSISTENT, WinFreeCandy DOES NOT GUARANTEE THE PRECISION OF THE PROCESS. YOU WILL ONLY BE CREDITED PRIZES FOR SEARCHES AS REASONABLY DETERMINED BY WinFreeCandy.
D.1) THE REFERRAL MODEL.
D.1a) ONE REFERRER ONLY. Each new Member may only designate one referrer at the time they become a member of WinFreeCandy.
D.1b) REFERRAL LEVELS. You will receive referral prizes only for WinFreeCandy Service activities of four levels of referrals as shown here:
R1: Names You as Referrer ("Direct Referral")
R2: Names R1 as Referrer ("Extended Referral")
R3: Names R2 as Referrer ("Extended Referral")
R4: Names R3 as Referrer ("Extended Referral")
D.1c) REFERRAL RATES MAY CHANGE. The referral rates paid for the activities of Your Referrals are subject to change. The current rates can be found on the WinFreeCandy website on http://www.WinFreeCandy.com. New rates will be posted from time to time at http://www.WinFreeCandy.com.
D.2) MEMBERS MAY NOT USE SPAM TO OBTAIN REFERRALS. You may not use unsolicited email, usenet, or message board postings ("SPAM") to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.) The use of spam to promote the WinFreeCandy service has strict negative consequences. Not only may WinFreeCandy terminate the Membership of any Member who in WinFreeCandy's reasonable opinion has used unsolicited email to gain referrals (a "Spammer"); WinFreeCandy will also sever the branch of the "referral tree" made up of direct and extended referrals obtained by the Spammer. The branch accounts (those under the Spammer) will not be terminated, but no one above the Spammer on the referral tree will benefit (e.g. receive referral prizes) from them. In addition, You may be subject to state and federal penalties or other legal consequences under applicable law if You send unsolicited email. Our Anti-Spam Policy provides more details and is incorporated into this Agreement.
D.3) MARKETING CLAIMS. You agree not to make any misrepresentations to any of Your Referrals or potential Referrals with respect to compensation typically received by WinFreeCandy members or with respect to compensation that potential members are likely to receive, and to fully comply with all applicable laws related to multi-level marketing programs.
D.4) WEBMASTER PROGRAM. WinFreeCandy grants You a limited license to use the WinFreeCandy trademarks and tradename as described on the Referral Tools page of the WinFreeCandy.com Website solely for the purpose of seeking legitimate referrals to the WinFreeCandy site. This license is subject to the terms and conditions of our trademark policy set out on the Webmaster Program page which may be varied by WinFreeCandy from time to time. All use of the WinFreeCandy trademarks and trade names shall be for the sole benefit of WinFreeCandy and You hereby agree to assign and do all things necessary to ensure that WinFreeCandy receives the benefit of such use or required by WinFreeCandy to protect its trademarks. WinFreeCandy also reserves the right to revoke this license on a selective basis. Improper use of the trademarks and/or tradename of WinFreeCandy is strictly prohibited and WinFreeCandy may terminate the account or cancel the membership of anyone who violates this policy.
E. MAILING OF CHECKS. Currently, the only way to receive compensation from WinFreeCandy is by check mailed to the mailing address provided by You in the membership form. In the future, WinFreeCandy may initiate alternative methods of payment (e.g. credit to a credit card) and reserves the right to charge a fee for continued mailing of checks after that time. Subject to the limitations herein, WinFreeCandy will mail a check to You within a reasonable time after You or one of Your referrals has won one of WinFreeCandy’ monthly grand prizes.
F. MONITORING YOUR REFERRALS AND WINNINGS. You may view your account balance and the number of referrals that you have made at the WinFreeCandy "Member Area" web page. At this point, the account information is not updated in real-time as prizes are awarded, but WinFreeCandy will try to keep the amounts updated in a reasonable fashion.
G. YOUR RELATIONSHIP WITH ADVERTISERS. Your relationship with merchants or advertisers whom WinFreeCandy delivers offers for, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold WinFreeCandy liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service.
H. TERMINATION. If a Member's account is terminated by WinFreeCandy, WinFreeCandy may refuse to pay some or all of the prizes credited to the terminated Member's account if such amounts were won in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member. Similarly, WinFreeCandy will have no obligation to pay a Member for prizes credited to the Member's account that were won in violation or after violation of this Agreement by any of the Member's direct or extended referrals. If your account is terminated by WinFreeCandy, You may not re-enroll or join under a new account unless formally invited to do so by WinFreeCandy.
I. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WinFreeCandy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WinFreeCandy MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
J. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WinFreeCandy NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WinFreeCandy'S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL PRIZES THAT THE MEMBER PERSONALLY WON DURING THE IMMEDIATELY PRECEDING TWO MONTHS.
K. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by California law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in the Northern District of California, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of California and the United States that apply to the use of this Service and the compensation You may receive. If the law of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify WinFreeCandy against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, your referral network, your WinFreeCandy account or other benefits you receive as a WinFreeCandy Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. WinFreeCandy may assign this Agreement at its sole discretion.
L. SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, WinFreeCandy has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, WinFreeCandy cannot guarantee the security of any information that you transmit to us or from our sponsors and You do so at Your own risk.
This Agreement constitutes the entire Agreement between You and WinFreeCandy in connection with general membership in WinFreeCandy and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.
CONTACTING US. If You have questions about the Service or this Agreement, please contact Support@WinFreeCandy.com.
What Information WinFreeCandy Collects and How it is Used:
In order to receive any prize payment from the WinFreeCandy service, we require all users to register via our online registration form. We require you to provide us with your full and correct name, full and correct street address, email address, gender, date of birth, and password. We will process this information to manage your membership, determine your eligibility, provide services, and allow you to take advantage of other member benefits. In addition to the information you provide to us in the online registration, we will also collect certain information online and offline arising out of your use of the WinFreeCandy service, including but not limited to the number and type of prizes you have won.
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done at the “Member Area” page.
Like most standard Website servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc, are not linked to personally identifiable information.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Website.
We may use third-party advertising companies to serve ads on our site. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Contests, Sweepstakes, and Promotions:
WinFreeCandy may ask you for personal information at other times when you enter contests, sweepstakes or promotions sponsored by WinFreeCandy and/or when you report a problem with any of our services. Personal information gathered in this manner will be used solely for the transaction itself unless otherwise explained at the time the information is collected. WinFreeCandy may retain and reference aggregate information about member preferences gathered in these ways.
Children under the age of 13 may not participate.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, WinFreeCandy has used appropriate industry standard procedures to safeguard the confidentiality of your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect your personal information, WinFreeCandy cannot guarantee the security of any information that you transmit to us or from our sponsors and you do so at your own risk.
WinFreeCandy is not responsible for any content or privacy policies of any 3rd party websites.
WinFreeCandy members are opted-in to receive WinFreeCandy newsletters at the time of enrollment. You may opt-out of receiving these newsletters at any time by closing your account.
You may cancel your Membership at any time in the “Members Area” of the WinFreeCandy.com Website. If you decide to cancel your membership and later wish to re-enroll, you will be assigned a new account ID and you will not receive credit for prizes won or referrals made using your previous account.
Notification of Changes:
If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Website notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
While we aren't giving out cash prizes during the beta period, every instant winner during the beta period gets entered into the first three monthly drawings after we launch, so there's a lot of value to winning during the beta.