Last Updated: 7/12/2019
Scratchstakes Terms of Service
The website located at www.scratchstakes.com (the “Site”) is the property of Bohemia Marketing, LLC (“Company”, "Scratchstakes," "we" or "us"). By and through the Site, user may register to become members ("Members") which enables them to enter into contests and sweepstakes offered on the Site.
Unless explicitly stated otherwise, any future enhancements or promotions made available to you on the Site shall be subject to the Terms of Service. You understand and agree that Scratchstakes shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or any product, service or promotion offered by Scratchstakes. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Scratchstakes.
1. Changes to Terms of Service. The Terms of Service constitutes the entire and only agreement (“Agreement”) between you and Scratchstakes with respect to your use of the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and Scratchstakes. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. By your continued use of the Site, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms of Service effective at that time.
2. Requirements. The Scratchstakes® Offerings are available only to individuals who are legal residents of the fifty (50) United States including the District of Columbia and who can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age. If you are under eighteen (18) years of age, or the age of majority in your jurisdiction if the age of majority is greater than eighteen (18) years of age, and/or not a legal resident of the Permitted Territories, you do not have permission to use and/or access the Site.
3. Cancellation of Membership. You may cancel your membership (“Membership”) in the Site at any time by e-mailing us at [email protected]. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Scratchstakes.
In order to register as a Member of the Site, you must first fully complete
the applicable registration form located at the Site ("Application"). The
information you must provide on the Application may vary but must include,
at a minimum your (a) email address; and may include (b) your full name and
title; (c) mailing address; (d) date of birth; and (e) any other
information requested on the Application (collectively, "Registration
If your Application is approved, you will have a Membership account ("Account") and the Site will promptly send a confirmation e-mail to the e-mail address that you provided at the time of registration. You agree to accept responsibility for all activities that occur through use of your Account.
5. Rejection/Termination. Scratchstakes reserves the right to reject and/or terminate your Account at any time and for any reason, in our sole discretion. Each person is permitted one (1) Scratchstakes Account. Company reserves the right to immediately all Accounts created by any individual found to have exceed the one (1) Account limit including the forfeiture of any prizes won that have not already been fulfilled.
6. Description of Promotions.
The Site offers members the opportunity to qualify for promotional prizes
and other awards (“Promotions”). By providing true and accurate information
in connection with the applicable Application and agreeing to the contest
Rules applicable to each Promotion, you can attempt to obtain the
promotional prizes and other awards offered through each Promotion. Please
be advised that the Site may display certain Third Party Ads throughout
You do not need to purchase any products and/or services in order to enter any Promotion. Purchasing products and/or services in no way increases your chances of winning any prizes offered in connection with the Promotions. Rules for each of the Promotions are available on the Site by going to http://www.scratchstakes.com/site/rules .
YOU UNDERSTAND AND AGREE THAT SCRATCHSTAKES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO QUALIFY FOR THE PROMOTIONS, OR FOR ANY CLAIM IN CONNECTION WITH ANY PROMOTIONS. YOU UNDERSTAND AND AGREE THAT SCRATCHSTAKES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUATION OF ANY PROMOTION.
7. License Grant. As a user and/or Member of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the Site and associated content in accordance with the Terms of Service. Scratchstakes may terminate this license at any time for any reason. You may use the Sites on one computer for your own personal, non-commercial use. Other than as expressly authorized, no part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect content or other information from the Site. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, content or any portion thereof. Scratchstakes reserves any rights not explicitly granted in the Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Your right to use the Site is not transferable.
8. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights in or to the Site or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through Scratchstakes. The posting of information or material on the Site or otherwise by and through the Scratchstakes not constitute a waiver of any right in or to such information and/or materials.
9. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the Scratchstakes.
10. Indemnification. You agree to indemnify and hold Scratchstakes, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; (c) any dispute between you and any Member; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of Scratchstakes, its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11. Disclaimer of Warranties. THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SCRATCHSTAKES MAKES NO WARRANTY THAT: (A) THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCRATCHSTAKES, OR OTHERWISE BY AND THROUGH THE SITE OR OTHER SCRATCHSTAKES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCRATCHSTAKES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCRATCHSTAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE SCRATCHSTAKES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF SCRATCHSTAKES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SCRATCHSTAKES. THE ABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
13. Third Party Websites. The Site and/or Scratchstakes may provide links to and/or refer you to other Internet websites and/or resources. Because Scratchstakes has no control over such third party websites and/or resources, you hereby acknowledge and agree that Scratchstakes is not responsible for the availability of such third party websites and/or resources. Furthermore, Scratchstakes does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
15. Legal Warning. You may not take any action that imposes an unreasonable or disproportionately large load on Scratchstakes infrastructure. Any attempt by any individual, whether or not a Scratchstakes member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the Site is a violation of criminal and civil law and Scratchstakes will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, the Terms of Service or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution before a reputable arbitration organization; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, for claims of five thousand dollars ($5,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. if the arbitrator awards you relief that is greater than our final settlement offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. nothing contained herein shall be construed to preclude any party from (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and />or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Scratchstakes and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Scratchstakes incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
17. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms of Service, the Terms of Service shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms of Service and any of the Promotion Rules, insofar as any applicable Promotion is concerned, the Promotion Rules shall govern. Our failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms of Service.
18. Contact Us. If you have any questions regarding the Terms of Service, the Site or would like more information from us, please contact us by calling customer service at: (631) 256-6638; email us at [email protected] or send us mail to: Scratchstakes.com, 606 Johnson Ave, Suite 24, Bohemia, NY 11716.