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Please read and accept the following Terms of Use (the “TOU” or “Agreement”) comprising General TOU, Rules of Stars Program, Rules of Participation in a Brand Promotion – before accessing www.chitsie.com website (the “Site” or “Chitsie LLC”), before registering with or opening an user account (an “Account”) on the Site, before participating in any brand promotion, online contest, business game, surveys, opinion polls, sweepstakes (any “Brand Promotion(s)”), before using the incentive based stars program (or “Stars Program”), before making any submission or using any other service(s) we provide. You (“User”, “Users” or “Visitor”) must agree to abide by the general terms and conditions, specific rules and regulations, other rights and obligations with respect to the Site, Chitsie LLC, and its affiliates, companies, organizations or individuals (or “Brand Sponsor(s)”) running Brand Promotions to be able to register or participate. Chitsie LLC and its Brand Sponsors, individually or collectively, may be referred to as, “Chitsie LLC”, “Brand Sponsor(s)”, “we”, “us”, or “our” from here on.
By using or accessing this Site, opening an Account, participating in any Brand Promotion, or Stars Program, you (i) represent your irrevocable acceptance of the TOU and (ii) represent that you are of legal age to agree to these TOU.
PLEASE DO NOT USE THIS SITE, WHETHER AS A VISITOR, USER OR MEMBER, IN THE EVENT YOU DO NOT AGREE OR CONSENT TO BE BOUND BY THESE TERMS OF USE.
Rules of Participation in a Brand Promotion
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO REGISTER WITH CHITSIE LLC OR TO ENTER OR WIN A BRAND PROMOTION.
A purchase or payment of any kind will not increase a User’s chances of winning.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
Use of the Site and participation in Brand Promotions and Stars Program is subject to and governed by applicable federal, state and local laws and regulations. Participation in Brand Promotions is void where prohibited or otherwise restricted by law. It is void in any nation, state, or province where prohibited or restricted by U.S. or local law. It is void for entities and individuals restricted by U.S. export controls and sanctions.
Further, we make no representation that materials on this site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this site outside the United States do so at their own initiative and are responsible for compliance with local laws.
ELIGIBILTY
In order to use the Site: (a) User must be above the age of 13. Minors, between the ages of 13-18, must possess legal parental or guardian consent. For claiming any prize, minors will be required to submit an affidavit with written parental or guardian consent, within 3 working days; (b) User must have access to the Internet, a valid postal address, and a valid email address; (c) User must affirm that all the information that they submit is truthful and accurate, and that they will update their contact information if it changes so that we can contact them; (d) User must agree that their personal information may also be used by us to verify the User’s identity, postal address, and telephone number or to otherwise verify the User’s eligibility to participate in the Brand Promotions; (e) User must agree that they will be solely responsible for payments of all federal, state and local taxes and duties; (f) User must be willing to release an Affidavit of Eligibility/Liability/Publicity Release (the “Release”), a proof of identification and an IRS Form W-9 wherever applicable, within 3 working days, in order to claim prize; (g) User agrees that another winner will be chosen if the User or potential winner when contacted for claiming prize, is unable to provide an affidavit within 3 working days; (h) User affirms that they are not violating any applicable laws or regulations; (i) User must comply with the rules for online conduct; (j) User must accept and agree to all Terms of Use and Privacy Policy.
Current employees, interns, contractors, and official office-holders of Chitsie LLC and the particular Brand Sponsor(s), and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) are ineligible to participate in their Brand Promotions. Chitsie LLC reserves the right to verify eligibility and to adjudicate on any dispute at any time.
USER REGISTRATION
In order to participate in Brand Promotions and Stars Program a User will be required to create an Account. A membership account on the Site is free of charge. When a User registers, they agree to provide accurate, current and complete information about them as prompted by our registration form. User also represents that we may rely on their information as accurate, current and complete. User agrees to maintain and update their registration data to keep it accurate, current and complete. Chitsie LLC reserves the right, in their sole and absolute discretion, to terminate a User’s membership for inaccurate, untrue, deceptive and/or incomplete registration information.
As part of the registration process, User will be asked to register with their valid email address and User will be required create a password. User will be solely responsible for maintaining the confidentiality of their password and for any and all activities, communications or postings conducted through your account. If User has reason to believe that their Account is no longer secure, they must promptly change their password by updating their Account information.
A User’s right to use the Site is not transferable. Unauthorized access to the Site and/or Services is a breach of this Agreement and a violation of applicable law and may result in a termination of your Account.
CONDITIONS OF PARTICIPATION
User must agree to the following conditions of participation: (a) All entries and submissions become the sole property of Chitsie LLC and the Site’s Brand Sponsor(s); (b) By entering the Contest, all Users’ grant an irrevocable, perpetual, nonexclusive license to Chitsie LLC and their Brand Sponsor(s) to use, reproduce, distribute, display, and/or create derivative works of the entries received in Brand Promotions, in any media now or hereafter known, without any additional approvals or payments; (c) Display or publication of any User’s entry on website does not indicate the entrant will be selected as a winner; (d) Winners agree to, and grant permission to Chitsie LLC and its Brand Sponsors to have their name, picture, winning entry, occupation and/or country displayed or published on the Site, Brand Sponsor(s) website, collaterals, media, and any other marketing material; (e) Chitsie LLC and Brand Sponsor(s) assume no responsibility for any lost, stolen, delayed, damaged or misdirected entries or for any failure of the Site; (f) Chitsie LLC and its Brand Sponsor(s) assume no responsibility for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure or delay of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website; (g) If the Brand Sponsor(s) or Chitsie LLC are not able to give prizes for reasons outside their control, Brand Sponsor(s) or Chitsie LLC shall not be held accountable; (h) A promotion may be extended, terminated, cancelled or revised at the discretion of Chitsie LLC and its Brand Sponsor(s); (i) This Site is available worldwide and to the extent enforceable, is governed by the laws of the State of California.
PROCESS FOR CLAIMING PRIZE
To claim a prize, the potential winner must continue to comply with all Terms of Use and Privacy Policy. For prize with an approximate retail value (“ARV”) of higher than $100, the potential winner will be notified by email or telephone prior about selection and announcement of winner. In order to claim the prize, the potential winner will be required to sign and return to Chitsie LLC and/or Brand Sponsor Affidavit of Eligibility/Liability/Publicity Release (the “Release”), a proof of identification and an IRS Form W-9 wherever applicable within 3 working days from the date of communication or attempted communication on the part of Chitsie LLC.
If winner is a minor (i.e., under the age of 18), the prize will be awarded to minor’s parent or legal guardian, who must sign and return all required documents, within 3 working days.
If a potential winner cannot be contacted, or fails to sign and return the Affidavit within the specified time period, the potential winner will be disqualified and forfeit the prize. In the event that a potential winner is disqualified for any reason, Chitsie LLC and/or Brand Sponsor(s) may award the applicable prize to an alternate winner from among all remaining eligible entries.
PRIVACY
Users must agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Brand Promotion and Stars Program. This data may be transferred into the United States and/or India for processing. Further, this data may also be used by Chitsie LLC and/or its Brand Sponsor(s) to verify a User’s identity, postal address and telephone number in the event a User qualifies for any applicable prize as well as to deliver the applicable prize(s). Users have the right to access, review, rectify or cancel any personal data held by updating their personal profiles. If a User does not provide the required data when requested, that User’s entry or submission will be ineligible for any prizes. Winners must agree to, and grant permission to Chitsie LLC and its Brand Sponsors to have their name, picture, winning entry, occupation and/or country displayed or published on the Site, Brand Sponsor(s) website, collaterals, media, and any other marketing material. All information provided will be maintained in accordance with Chitsie LLC's Privacy Policy, which Users should read and understand.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH USER INDEMNIFIES AND AGREES TO KEEP INDEMNIFIED CHITSIE LLC AND ITS BRAND SPONSOR(S) AT ALL TIMES FROM AND AGAINST ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES RESULTING FROM ANY ACT, DEFAULT OR OMISSION OF THE USER AND/OR A BREACH OF ANY WARRANTY, NON-OBSERVANCE, POSSIBLE VIOLATION OF TRADEMARK, COPYRIGHT OR OTHER LEGALLY PROTECTED INTERESTS, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE BY THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USERS AGREE TO HOLD CHITSIE LLC, AND ITS RESPECTIVE EMPLOYEES, BRAND SPONSOR(S), AFFLIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS AND REPRESENTATIVES HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN A BRAND PROMOTION AND/OR USE OR ACCEPTANCE OF ANY PRIZE WON.
TERMS OF SERVICE
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Chitsie LLC. Chitsie LLC reserves the right to suspend or discontinue the availability of the Site and/or any service and/or remove any content at any time at its sole discretion and without prior notice. Chitsie LLC may also impose limits on certain features and services or restrict your access to parts of or all of the Site and the services without notice or liability. Chitsie LLC assumes no responsibility for any lost, stolen, delayed, damaged or misdirected entries and data or for any failure or malfunctioning of the Site.
CHANGES IN TERMS OF USE
With the dynamic business environment that we operate in, our business changes constantly, as do our Terms of Use and Privacy Policy. We will notify our Users about any major changes. While we will inform our Users about all major changes, Chitsie LLC reserves the right to revise these TOU at any time. We may not inform Users about minor changes that do not affect the usage of their personally-identifying information. It is the expressed obligation and responsibility of the User to check the Site frequently to see if there are any recent changes to any of our policies or these TOU.
In addition to the General TOU listed above, this section consists of specific terms and rules of participation in Chitsie LLC’s incentive based Stars Program.
PARTICIPATION RULES
A User must agree that: (a) By accepting the Terms of Use and Privacy Policy at the time of registration, a User is automatically enrolled into Chitsie LLC’s incentive based Stars Program; (b) For accumulating Stars, a User must be logged in, else Stars may not be credited to their account; (c) User is awarded or can earns stars (“Stars”) for: (i) referring friends; (ii) liking the Chitsie LLC page on Facebook, following Chitsie LLC on Twitter, +1ing on Google Plus; (iii) sharing, tweeting or +1ing Brand Sponsors’ Brand Promotions on Facebook, Twitter and Google Plus respectively; (iv) sharing, tweeting or +1ing Chitsie LLC’s blogs (“Blog”), press releases, and other content specified on the Site on Facebook, Twitter and Google Plus respectively; (v) subscribing to Chit-Talk, the Chitsie LLC e-mailer; (vi) In the case of Facebook and Twitter shares, the Stars will be credited to a User only when their link is clicked upon; (vii) Any other User actions that may be listed on the Site from time to time; (d) The number of Stars that can be earned by a User for the specific actions they undertake is variable and listed on the Site along with the specific action (for instance, a User gets 5 Stars for every referral that joins Chitsie LLC or 5 Stars for liking the Facebook page); (e) Every ten Stars that a User accumulates gets him 1 entry into a periodic drawing; (f) The Stars will be rounded off in case User doesn’t make a multiple of ten (i.e. 10 Stars=1 drawing entry; 14 Stars=1 drawing entry; 15 Stars=2 drawing entries; 16 Stars=2 drawing entries; 20 Stars=2 drawing entries); (g) The Stars from one month will NOT be carried forward to the next month; (h) The draw will be based on the number of stars earned and entries accumulated in the specified time period; (i) If a User is found to be accumulating Stars by incorrect or untruthful means (for instance, stating that he is a Facebook fan when he is actually not), Chitsie LLC reserves the right to terminate their account; (j) Stars Program may be extended, terminated, cancelled or revised at the discretion of Chitsie LLC; (k) Chitsie LLC takes no responsibility if the correct number of Stars or entries are not credited to the User owing to technical failures, system malfunction or any other factors beyond our control.
SELECTION CRITERIA
The User who collects or accumulates the maximum number of Stars in any given time period, as stated on the Site, will win a cash prize along with the “Rock Star” title. They will also feature on the “Chit-Champs” page. In case of a tie, the prize money and the title will be shared.
In addition, every 10 stars will earn User an entry into the periodic drawing. Few entries, chosen at random, will receive rewards and prizes, as listed on the Site. A higher number of entries will increase a User’s odds of winning.
The winners will be personally notified and some of their information will be posted on the “Chit-Champs” page. Please read the process for “Claiming a Prize” and “Privacy” under General TOU. User must agree that they will be solely responsible for payments of all federal, state and local taxes and duties.
RIGHT TO CANCEL OR DISCONTINUE
A User must agree: (a) Period for the Stars Program may vary from a month to a quarter, as listed on the Site. Chitsie LLC reserves the right to discontinue the Stars Program any time, at its sole discretion, with or without notice to its Users; (b) Chitsie LLC reserves the right to cancel, suspend and/or modify the Stars Program, or any part of it, if any virus, fraud, technical failures or any other factor beyond our reasonable control impair the integrity or proper functioning, as determined by Chitsie LLC in its sole discretion; (c) In event of cancellation due to reasons beyond our reasonable control, Chitsie LLC reserves the right to award the prize at random from among the entries received up to the time of the impairment; (d) Chitsie LLC reserves the right to disqualify any User or terminate any User’s account who tampers with the Site or acts in a disruptive manner; (e) Any attempt by any person to deliberately undermine the legitimate operation of the Site may be a violation of criminal and civil law, and, should such an attempt be made, Chitsie LLC reserves the right to seek damages from any such person to the fullest extent permitted by law.
III. Rules of Participation in a Brand Promotion
In addition to the General TOU listed above, this section consists of specific terms and rules of participation in a Brand Promotion.
ONLY ONE ENTRY PER USER PER BRAND PROMOTION
Only one entry per user per brand promotion will be allowed, unless otherwise specified.
ORIGINALITY OF ENTRY
By submitting an entry, User warrants and represents that it: (a) is User’s original work or idea (b) has not been previously published in any medium or in any form; (c) has not won previous awards or contests; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or intellectual property, proprietary property or other rights of any person or entity; (e) User has obtained permission from all persons whose name, likeness, image or voice or media is used in the entry; and (f) the publication of the entry via various media including internet/online posting, will not infringe on the rights of any third party.
The User shall indemnify Chitsie LLC and its Brand Sponsor(s), to the fullest extent of the law (including reasonable attorneys’ fees and costs), for any claim referring or relating to the breach of these warranties.
SELECTION CRITERIA
The entries will be judged by a team of experts, employees or the management team(s) of specific Brand Sponsor(s) or Chitsie LLC, unless otherwise specified. Please note, in case of a large number of entries, a few hundred entries may be selected at random. These selected entries will then be judged by the Brand Sponsor(s) on the basis of terms laid out by them, or any other criteria set forth by them.
The judging and the selection criteria may vary or be different for every Brand Promotion. It will be mentioned along with the specific Brand Promotion.
Date of submission of an entry will also be listed along with the specific promotion or contest. Only entries received by that date will be considered. Chitsie LLC and its Brand Sponsor(s) assume no responsibility for any lost, stolen, delayed, damaged or misdirected entries or for any failure of the Site during the Brand Promotion period.
The winners will be personally notified and some of their information will be posted on the “Chit-Champs” page. Please read the process for “Claiming a Prize” and “Privacy” under General TOU. User must agree that they will be solely responsible for payments of all federal, state and local taxes and duties.
RULES AND USER CODE OF CONDUCT
When a User participates in a brand promotion, User represents and warrants that: (a) User owns or has sufficient rights to post their entry, on or through the Site; (b) User will not submit an entry that violates the privacy rights, publicity rights, copyrights, contract rights or any other rights of Chitsie LLC or its Brand Sponsor(s) or any other person; (c) User has fully complied with any third-party licenses relating to their participation, agree to pay for all royalties, fees and any other monies owning any person by reason of entry that you posted to or through the Site; (d) User will not submit entries that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable or incite, encourage or threaten immediate physical harm against another, including but not limited to entries that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (ii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner; (e) User will not submit an entry that contain advertisements or solicit any person to buy or sell and products or services; (f) User will not use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, the Website without the express written consent of Chitsie LLC; (g) User will not submit entries that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Chitsie LLC or others’ computers or equipment, designated to enable them or others to gather information about or monitor the online or other activities of another party; (h) User will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site, or use the system to send unsolicited or commercial emails, bulletins, comments or other communications; (i) User will not impersonate any other person or entity, sell or let others use their profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (j) User will not use the Site if they are located in a country embargoed by the United States or are on the United States Treasury Department’s list of Specially Designated Nationals or are a convicted sex offender; (k) User will not place a link to any page on this Site if such page contains content that would violate this Agreement; (l) Chitsie LLC reserves the right to disqualify, terminate User Account or to take action against any User or individual who provides inaccurate and false information, tampers with the entry process or the Site or the operation of a Brand Promotion or acts in a disruptive manner.
RIGHT TO CANCEL OR DISCONTINUE
A User must agree: (a) Chitsie LLC reserves the right to cancel, suspend and/or modify any Brand Promotion, or any part of it, if any virus, fraud, technical failures or any other factor beyond our reasonable control impair the integrity or proper functioning of the Brand Promotion, as determined by Chitsie LLC in its sole discretion; (b) In event of cancellation, Chitsie LLC and its Brand Sponsor(s) reserve the right to award the prize at random from among the eligible entries received up to the time of the impairment; (c) Chitsie LLC reserves the right to disqualify any User or individual who tampers with the entry process or the Site or the operation of a Brand Promotion or acts in a disruptive manner; (d) Any attempt by any person to deliberately undermine the legitimate operation of the Site may be a violation of criminal and civil law, and, should such an attempt be made, Chitsie LLC reserves the right to seek damages from any such person to the fullest extent permitted by law
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at contact@chitsie.com, with “Legal” in the subject line. Please provide us with the following Notice: (a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate them on the website; (b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (c) An affidavit by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) Your address, telephone number, and email address; and (e) Your physical or electronic signature.