1. Your Acceptance of the Terms
and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by Make Me A Winner at www.makemeawinner.com
(including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (each a "Site"), and all products or services accessed through the Sites (collectively "Services"). These Terms constitute a binding legal agreement ("Agreement," though we may use "Terms" interchangeably with "Agreement" herein) in electronic form between you ("you," "your" and/or "yourself") and Make Me A Winner and its successors, subsidiaries, affiliates and family of brands ("Make Me A Winner," "we," "us" and/or "our"). By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
2. Electronic Communication
The communications between you and Make Me A Winner are electronic. You consent to receive communications from Make Me A Winner in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. Your Privacy
is incorporated herein by reference.
4. Certain Conditions Placed on Your Use of the Sites and Services
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
- Are 21 years of age or older.
- Will comply with these Terms.
- Are able to form a binding contract with us.
- Are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us.
- Are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us.
- Will not impersonate another user of the Sites and/or Services.
Make Me A Winner provides consumers with opportunities to obtain certain products and services (each a "Deal," and collectively, "Deals") from third-party merchants (each the "Merchant"), except as otherwise expressly identified, using a time-limited promotional Gift Card exchangeable for Merchant discounts, goods and services (a "Gift Card" or "Voucher"). The promotion of each Deal works as a form of advertisement for the Merchant by Make Me A Winner.
By printing, accepting, using or attempting to use any Gift Card, you agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Gift Cards, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.
Additional Deal Terms
6. Special terms which are set forth here. Any other varying terms for specific Deals will be set forth in the Fine Print.
How It Works
Some categories of Deals have special terms that vary from the general deal terms stated in this Section.
By requesting a given Deal, you are agreeing to accept the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have entered your name and email address, we will notify you by email when the Voucher for the Deal is ready to be used. You are required to enter your Name and Email Address in order to claim any Deal so we can send you your Deal(s) and so we can provide you with easy access to print your Deals.
Deal Value And The "Fine Print"
In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the "Fine Print,"
whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where You can redeem a Voucher, as well as other Deal-specific limitations, so always read carefully.
Most Gift Cards combine two separate portions that make up the Deal: (i) a paid portion required to claim the Deal (the "Paid Portion"
); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Gift Card (the "Promotional Portion").
Unless otherwise stated on the Gift Card or required by law, the following additional terms apply to all Vouchers/Gift Cards:
- Gift Cards must be redeemed in their entirety in one visit to a Merchant.
- For Gift Cards that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
- Gift Cards are not redeemable for cash.
- Use of a Gift Card for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
- Gift Card cannot be combined with any other coupons or promotions.
- Gift Cards cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Neither Make Me A Winner nor the Merchant is responsible for lost or stolen Gift Cards or Gift Card reference numbers.
- Duplicate use, sale or trade of a Gift Card is prohibited.
- Unless otherwise stated in the Fine Print, the Gift Card offer does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift Card.
The Promotional Portion of the Gift Card will always expire on the date printed on the Gift Card.
Sometimes we offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific day to stay at a hotel (“Date-Specific Deal”). Usually this means that the Gift Card can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Gift Card. In either case, the date you select will be identified on the Gift Card, and you can only redeem the Gift Card on this specified date. The Promotion will expire on the date specified on the Gift Card. You may not reschedule a Date-Specific Deal for another date or time for any reason. If for some reason the Date-Specific Deal is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If you cannot make the new date for the Date-Specific Deal, you will be entitled to a new Deal of equal value from another of our merchants. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically credit you with another Deal of equal value from one of our other merchants.
Merchant Is The Issuer
The Merchant is the issuer of the Gift Card and is solely responsible for redeeming the Gift Card. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Card or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. Unless otherwise indicated in a Deal or other offer, Make Me A Winner is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Gift Card management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release Make Me A Winner and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Gift Card or the products and/or services it provides in connection with it.
Some Deals are not available beyond certain geographical and jurisdictional boundaries. Make Me A Winner reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Gift Card, the Sites, the Services or any other product or service. Make Me A Winner does not represent or warrant that any product or service promoted on the Site will be available by any particular person. Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Gift Cards specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your Gift Card. Whether claim characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
7. Other Services
In addition to our great Deals, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of claiming said Deal.
8. Ownership of the Sites and Services
The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by Make Me A Winner, its subsidiaries or affiliates.
9. Your Access to the Sites and Services
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
10. Third-Party Links and Contents
- Any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon.
- Any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Make Me A Winner or the Merchants featured hereunder or any commercial purpose, including marketing.
- Any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools.
- Deep-linking to any portion of the Site.
- Framing or utilizing framing techniques to enclose any portion of the Site without express written consent.
- Using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes.
- Attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights.
- Using the Site and/or Services to generate unsolicited email advertisements or spam; or
using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services
- Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of makemeawinner.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
11. Exclusion of Warranties
WE PROVIDE THE SITES AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT MAKE ME A WINNER’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKE ME A WINNER AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT:
YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR;
ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR
ELECTRONIC COMMUNICATIONS SENT FROM MAKE ME A WINNER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A MAKE ME A WINNER REPRESENTATIVE SHALL CREATE A WARRANTY.
12. Limitations of Liability
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAKE ME A WINNER, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE MAKE ME A WINNER FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
13. Indemnity, Reservation of Right, Release
You agree to defend, indemnify and hold harmless Make Me A Winner and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to Make Me A Winner; (ii) your violation of any term of these Terms or this Agreement; or (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
Make Me A Winner reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
14. Copyright Notice-Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
15. Entire Agreement, Changes to this Agreement and Waivers
and any other legal notices published by Make Me A Winner on the Sites, Services or any Gift Cards, shall constitute the entire agreement between you and Make Me A Winner concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement. These modifications will be effective immediately for new users of our Sites and/or Services and for all Gift Cards purchased after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Make Me A Winner’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Make Me A Winner. No purported waiver or modification of this Agreement by Make Me A Winner via telephonic or email communications shall be valid.
16. General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND MAKE ME A WINNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO MAKE ME A WINNER MUST COMMENCE WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.
The parties here to confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.