Terms of Service (“Terms”)

Last updated: May 29, 2015

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the

http://www.generatingwinners.com website (the “Service”) operated by Generating Winners,

LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and

compliance with these Terms. These Terms apply to all visitors, users and others who wish to

access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you

disagree with any part of the terms then you do not have permission to access the



By creating an Account on our service, you agree to subscribe to newsletters, marketing or

promotional materials and other information we may send. However, you may opt out of

receiving any, or all, of these communications from us by following the unsubscribe link or

instructions provided in any email we send.


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 credit card number, the expiration date of your credit card, your

billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other

payment method(s) in connection with any Purchase; and that (ii) the information you supply to

us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating

payment and the completion of Purchases. By submitting your information, you grant us the

right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not

limited to: product or service availability, errors in the description or price of the product or

service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal

transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may

experience delays in updating information on the Service and in our advertising on other web

sites. The information found on the Service may contain errors or inaccuracies and may not be

complete or current. Products or services may be mispriced, described inaccurately, or

unavailable on the Service and we cannot guarantee the accuracy or completeness of any

information found on the Service.

We therefore reserve the right to change or update information and to correct errors,

inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available

through the Service may be governed by rules that are separate from these Terms & Conditions.

If you participate in any Promotions, please review the applicable rules as well as our Privacy

Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules

will apply.


Our Service allows you to post, link, store, share and otherwise make available certain

information, text, graphics, videos, or other material (“Content”). You are responsible for the

Content that you post on or through the Service, including its legality, reliability, and


By posting Content on or through the Service, You represent and warrant that: (i) the

Content is yours (you own it) and/or you have the right to use it and the right to grant us the

rights and license as provided in these Terms, and (ii) that the posting of your Content on or

through the Service does not violate the privacy rights, publicity rights, copyrights, contract

rights or any other rights of any person or entity. We reserve the right to terminate the account of

anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through

the Service and you are responsible for protecting those rights. We take no responsibility and

assume no liability for Content you or any third party posts on or through the Service. However,

by posting Content using the Service you grant us the right and license to use, modify, publicly

perform, publicly display, reproduce, and distribute such Content on and through the Service.

You agree that this license includes the right for us to make your Content available to other

users of the Service, who may also use your Content subject to these Terms.

Generating Winners, LLC has the right but not the obligation to monitor and edit all Content

provided by users.

In addition, Content found on or through this Service are the property of Generating

Winners, LLC or used with permission. You may not distribute, modify, transmit, reuse,

download, repost, copy, or use said Content, whether in whole or in part, for commercial

purposes or for personal gain, without express advance written permission from us.


When you create an account with us, you guarantee that you are above the age of 18, and

that the information you provide us is accurate, complete, and current at all times. Inaccurate,

incomplete, or obsolete information may result in the immediate termination of your account on

the Service.

You are responsible for maintaining the confidentiality of your account and password,

including but not limited to the restriction of access to your computer and/or account. You agree

to accept responsibility for any and all activities or actions that occur under your account and/or

password, whether your password is with our Service or a third-party service. You must notify us

immediately upon becoming aware of any breach of security or unauthorized use of your


You may not use as a username the name of another person or entity or that is not lawfully

available for use, a name or trademark that is subject to any rights of another person or entity

other than you, without appropriate authorization. You may not use as a username any name

that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel

orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim

that Content posted on the Service infringes on the copyright or other intellectual property rights

(“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the

copyrighted work has been copied in a way that constitutes copyright infringement, please

submit your claim via email to admin@generatingwinners.com , with the subject line: “Copyright

Infringement” and include in your claim a detailed description of the alleged Infringement as

detailed below, under “DMCA Notice and Procedure for Copyright Infringement


You may be held accountable for damages (including costs and attorneys’ fees) for

misrepresentation or bad-faith claims on the infringement of any Content found on and/or

through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by

providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)

for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner ofthe copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL(i.e., web page address) of the location where the copyrighted work exists or a copy of the

    copyrighted work;

  • identification of the URL or other specific location on the Service where the material that youclaim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorizedby the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your noticeis accurate and that you are the copyright owner or authorized to act on the copyright owner’s


You can contact our Copyright Agent via email at admin@generatingwinners.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and

functionality are and will remain the exclusive property of Generating Winners, LLC and its

licensors. The Service is protected by copyright, trademark, and other laws of both the United

States and foreign countries. Our trademarks and trade dress may not be used in connection

with any product or service without the prior written consent of Generating Winners, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or

controlled by Generating Winners, LLC.

Generating Winners, LLC has no control over, and assumes no responsibility for the

content, privacy policies, or practices of any third party web sites or services. We do not warrant

the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Generating Winners, LLC 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third

party web sites or services that you visit.


We may terminate or suspend your account and bar access to the Service immediately,

without prior notice or liability, under our sole discretion, for any reason whatsoever and without

limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive

termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity

and limitations of liability.


You agree to defend, indemnify and hold harmless Generating Winners, LLC and its

licensee and licensors, and their employees, contractors, agents, officers and directors, from

and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and

expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your

use and access of the Service, by you or any person using your account and password; b) a

breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Generating Winners, LLC, nor its directors, employees, partners, agents,

suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive

damages, including without limitation, loss of profits, data, use, goodwill, or other intangible

losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii)

any conduct or content of any third party on the Service; (iii) any content obtained from the

Service; and (iv) unauthorized access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other legal theory,

whether or not we have been informed of the possibility of such damage, and even if a remedy

set forth herein is found to have failed of its essential purpose.


Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS

AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or

implied, including, but not limited to, implied warranties of merchantability, fitness for a particular

purpose, non-infringement or course of performance.

Generating Winners, LLC its subsidiaries, affiliates, and its licensors do not warrant that a)

the Service will function uninterrupted, secure or available at any particular time or location; b)

any errors or defects will be corrected; c) the Service is free of viruses or other harmful

components; or d) the results of using the Service will meet your requirements.


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or

limitation of liability for consequential or incidental damages, so the limitations above may not

apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of North

Carolina, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of

those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the

remaining provisions of these Terms will remain in effect. These Terms constitute the entire

agreement between us regarding our Service, and supersede and replace any prior agreements

we might have had between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If

a revision is material we will provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree

to be bound by the revised terms. If you do not agree to the new terms, you are no longer

authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.