This Terms of Service Agreement (hereinafter referred to as “TOS” or “Agreement”) constitutes an Agreement between the company (“Company”) agreeing to use the Software as a Service (“SaaS”) platform of TrustPrize and/or the participants (“Participants”) availing themselves to TrustPrize’s SaaS platform and TrustPrize (hereinafter, Company, Participant and TrustPrize are collectively referred to as the “Parties”).
TrustPrize is a SaaS platform that serves as a smart verification system for prize giveaways. TrustPrize does not create giveaways. Rather, Companies use TrustPrize’s SaaS platform to create giveaways (hereinafter the term giveaway shall also be referred to as “Campaign”). More specifically, TrustPrize allows Companies to set up Campaigns for which TrustPrize manages and conducts the grand finale Live Draw event at a fixed and unchangeable date and time. Importantly, TrustPrize has certain safeguards in place to ensure its Participants can be 100% confident that the Campaign they enter is not a scam and has a transparent prize draw with a real winner who will ultimately reap the reward of the drawing.
Please read the below terms carefully before using the https://trustprize.com/ website. Your access to and use of TrustPrize is conditioned on your acceptance of and compliance with the below terms. These terms apply to all visitors, users and others who access or use TrustPrize’s services.
By accessing or using the TrustPrize website and/or services you agree to be bound by the below terms. If you disagree with any part of the terms, then you may not access the TrustPrize website and/or use TrustPrize’s services.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, telephone number, email address, home address, age, etc. Your eligibility to purchase any product and/or service shall be expressly conditioned upon your providing truthful and accurate information.
TrustPrize offers a range of products and services through subscriptions and free starter plans. Subscriptions may be available on a monthly and/or annual basis and/or pre-paid (and nonrefundable) basis.
Monthly subscriptions shall require an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept responsibility for all recurring monthly charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of TrustPrize’s cancellation policy.
Annual subscriptions shall require an initial pre-payment for one (1) full year of service. After one (1) year, you will be billed a recurring annual subscription renewal fee at the then-current annual subscription rate. TrustPrize will notify you before the renewal is billed. You may cancel your annual subscription anytime before the next billing cycle, subject to the terms of TrustPrize’s cancellation policy. TrustPrize will bill your credit card on file the annual subscription renewal fee in the first month of your next annual subscription.
Failure to sign on to the service and/or use the service shall not constitute a discontinuation of the service by you. In order to discontinue service, you must provide TrustPrize with written notification of same, via certified mail, and/or downgrade to the free starter plan in the subscription settings on your account.
TrustPrize pricing is scaled based on the number of participants the Company seeks for its Campaign(s). Whether or not the Company has any active Campaigns during the subscription period has no impact on the pricing. TrustPrize shall alert Company as Company closes in on subscription plan threshold – i.e., as Company uses 80%, 90% and 100% of allotted Participant spots. TrustPrize will thereafter notify Company, electronically, of its obligation to amend its pricing plan. Failure to make such changes within five (5) calendar days thereafter shall serve as acknowledgment and acceptance of the required change being implemented unilaterally by TrustPrize. Any Company that exceeds the allotted number of Participants permitted in its pricing plan selection shall automatically be moved into another pricing plan that permits more monthly Participants. The Company hereby acknowledges and agrees that TrustPrize can use the Company’s payment method on file to charge the Company for this foregoing adjustment.
Only the Company can downgrade to a less expensive pricing plan.
TrustPrize may change its fee structure and/or provide an upgrade at any time with fourteen (14) days’ notice, in which case new rates will be in effect as of the next renewal period.
The cancellation of any subscription shall not result in any refunds, license and/or subscription fees, whatsoever. You hereby expressly waive your right to same.
3. Company Use of TrustPrize
TrustPrize requires that any Company using its platform verify its domain name and execute TrustPrize’s Data Processing Agreement (“DPA”).
Company hereby acknowledges and accepts its responsibility to accurately and honestly provide TrustPrize with all relevant and necessary information. Moreover, the Company hereby recognizes its responsibility to contact any live draw winner, via electronic mail, within fifteen (15) days from the draw event and then physically effectuate the delivery and receipt of the prize by the Participant within fifteen (15) days thereafter.
If the Company fails to contact the live draw winner within fifteen (15) days following the live draw and/or fails to deliver the prize to the winning Participant than TrustPrize has the right to suspend the account of the Company and revoke any and all permissions/benefits associated with same without further notice.
Company is required to present its giveaway to TrustPrize with a Verification Mark and Certificate Identification.
Both parties recognize and acknowledge the fact that the Companies Logo shall be used throughout the process/flow of the campaign at the discretion of TrustPrize.
Company agrees to indemnify, hold harmless and/or defend TrustPrize from any claims by any party in any venue that relate to violations of this provision of the TOS.
4. Participants of Campaign
Participants hereby acknowledge their responsibility to enter the correct information – i.e., name, email address, phone number and any other information required to be entered at the time a Participant signs up, or anytime thereafter.
TrustPrize will take all precautions possible to ensure Participants accurately and properly enter all necessary data but cannot guarantee the accuracy of the data entered by any Participant.
Participants are solely responsible for safeguarding their accounts, and likewise, shall be solely responsible for any use (authorized or unauthorized) of Participants’ accounts.
A Campaign becomes officially active immediately following the addition of its first confirmed Participant. More simply stated, a campaign with one Participant is an active campaign. An active Campaign cannot be aborted. Any efforts by the Company to abort same will not be valid and/or be null and void. Rather, the live draw will be conducted regardless of the Companies efforts to abort same. Moreover, the Company hereby acknowledges and agrees that it has an absolute obligation to deliver a prize to the winning Participant from any active Campaign.
All TrustPrize Campaigns are free to enter. In the event a Company seeks money from a Participant, Participant should not make such payment and must contact TrustPrize immediately.
All Participants hereby acknowledge and agree that failure to respond to any attempted contact from the Company regarding a Company’s efforts to arrange for the delivery of a prize shall disqualify them from receipt of the prize and result in a re-draw, should the Company request same.
In the event the Company needs to re-draw the winner(s) of a drawing for any reason, the Company must contact TrustPrize within 15 days, request a re-drawing and offer an explanation for the need for same. Any explanation must include a detailed summary of all efforts made by the Company to avoid the need for a re-drawing.
The Company understands, acknowledges and recognizes that it is solely responsible for ensuring that the terms of its Campaign comply with all local laws and regulations. TrustPrize is not responsible, in any way, for ensuring same.
Both the Company and the Participant agree to indemnify, hold harmless and/or defend TrustPrize from any claims by any party in any venue that relate to violations of this provision of the TOS.
TrustPrize serves to both run and oversee the Campaigns. While TrustPrize is solely responsible for conducting a drawing for each Campaign on a fixed and unchangeable date and time, the Company is fully responsible for ensuring that their Campaign complies with all applicable rules & regulations in the locations for which it is operating -i.e., a Company operating out of Denmark must ensure that the rules, procedures, etc. of its Campaign are consistent with the laws of Denmark. TrustPrize is not liable for the failure of any Company to comply with laws for the location in which it is operating.
TrustPrize is similarly not liable for a Company’s failure to ensure its Campaign fully complies with all rules & regulations of any social network site or third-party on which it is run and/or advertised. Moreover, TrustPrize shall not be held liable for a Company’s loss of data or accounts as a result of any action or inaction that violates the rules, regulations or guidelines of any social network site or third-party.
Participants hereby acknowledge and agree that TrustPrize is not responsible or liable for a Company’s use or distribution of information Participant provides to TrustPrize to ultimately enter a Company’s Campaign. Please see each Company’s promotion rules, terms and privacy policies for details on how they may use your personal information.
TrustPrize is a website that can be accessed by Companies and/or Participants throughout the world. Any person and/or entity that accesses and/or enters into a service agreement with TrustPrize understands and acknowledges their responsibility to comply with any and all local laws related to and controlling such activities. Accordingly, TrustPrize shall not be held liable for any person and/or entities failure to comply with same.
TrustPrize shall not be liable and/or responsible for any complaints and/or actions arising from any promotions or giveaways not expressly recognized and identified as events sponsored, administered and/or endorsed by TrustPrize.
TrustPrize does not guarantee the availability of its webpage and/or use of its services at all time, particularly in the event of internet outages, equipment failure, scheduled maintenance and/or any other unforeseen circumstances or acts of god.
6. Live Draw Event
TrustPrize, not the Company, is responsible for the live draw that concludes every Campaign. The live draw is a real-time, 100% percent random draw event, which is publicly available for anyone to access and view off the TrustPrize website.
The Company is responsible for contacting the winner of the live draw within fifteen (15) days following the draw, to arrange delivery of the prize. The Company shall be required to contact the winner via electronic mail. The Company has an additional fifteen (15) days following the date the winner is contacted to physically deliver the prize.
TrustPrize may terminate the services provided and/or access to said services at any time, for any reason, without any prior notice.
8. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TrustPrize. TrustPrize has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that TrustPrize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
9. No Warranty
Except as represented in this Agreement, all work product and/or services provided by TrustPrize, is provided “as is”. Other than as provided within this Agreement, TrustPrize makes no other warranties, express or implied, and hereby disclaims all implied warranties.
10. Limitation of Liability
TrustPrize shall not be liable to you and/or any third-party claimant for any special, consequential, incidental, punitive, or indirect damages arising from or relating to any breach of this agreement, which includes any and all services provided by TrustPrize.
11. Indemnification Provision
You hereby agree to indemnify, defend and hold harmless TrustPrize and each of its Affiliates from and against any and all claims, losses, demands, liabilities, costs and expenses (including reasonable attorneys’ fees and costs and expenses related thereto) resulting from or arising out of any violation of the herein terms by you and/or resulting from or arising out of your access to and use of TrustPrize’s services in any manner.
TrustPrize reserves the right, at our sole discretion, to modify or replace the herein terms at any time. If a revision is material, we will try to provide at least ten (10) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
TrustPrize is committed to and will make all efforts to ensure that any personal information collected through its services and/or platforms will be safeguarded.
No provision of any agreement between you and TrustPrize, excluding the terms set forth herein, may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by TrustPrize and you.
This Agreement is an integral part of the Parties’ agreement; no agreement or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by any party, except those which are set forth expressly in this Agreement.
All parties to this Agreement recognize and acknowledge that TrustPrize shall be excused from its service-related performances and/or responsibilities in the event such service-related performances and/or responsibilities are prohibited, prevented, delayed and/or obstructed by circumstances beyond its control.
Any part, provision, representation or warranty of this Agreement which is prohibited, or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
16. Applicable Law and Venue
This Agreement shall be governed by and construed under the laws of the state of Denmark without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Danish law, rules, and regulations, Danish law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Aarhus, Denmark.
17. Contact Us
If you have any questions about these terms, please contact us. You have the option of contacting TrustPrize email at firstname.lastname@example.org. TrustPrize shall respond to any phone call and/or email within a reasonable period of time.