Terms of Use

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

Last updated: October 1, 2016

Spot Big LLC, a Florida limited liability company (“Spot Big”), owns and operates this website, portions of other web pages and web content, and/or a mobile device application through which you have accessed these Terms of Use (collectively, the “Site”). By visiting, using and/or submitting information to the Site, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and Spot Big’s Privacy Policy (the “Privacy Policy”).

 

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.

You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Spot Big may monitor your access and use of the Site in accordance with Spot Big’s Privacy Policy.

 

The Site is Not Intended for Minors

The Site is intended to be accessed and used only by adults and is not directed to minors. As stated in Spot Big’s Privacy Policy, Spot Big does not knowingly collect personally identifiable information from or about anyone under the age of 18 and you should not provide Spot Big with any information regarding any individual under the age of 18. If you are under the age of 18, you are expressly prohibited from using the Site.

 

Your Access and Use of the Site

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that Spot Big, in its sole discretion, may elect to take. Spot Big reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

Any action by you that, in Spot Big’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, is not permitted, and may result in your loss of the right to access and use the Site. You may not metatag, provide links to or frame the Site without Spot Big’s prior express written permission.

 

Your Access and Use of Services on the Site

Subject to the terms of this Agreement and the Privacy Policy, Spot Big may offer you various services on or through the Site (the “Services”). Absent a written agreement to the contrary, below are terms and conditions governing these Services.

You Must Maintain the Integrity of Your Information. To use certain Services, you may be required to provide Spot Big with information about you (“Your Information”). If you provide Your Information to Spot Big then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Spot Big’s collection, use and disclosure of Your Information is governed by this Agreement and Spot Big’s Privacy Policy.

You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that Spot Big will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You may not allow any person under the age of 18 to use any Service via your registration or password.

You Must Notify Spot Big of a Breach. You agree to immediately notify Spot Big of any unauthorized use of your password, any unauthorized use of any account that you may have with Spot Big, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: support@spotbig.com.

You Are Responsible for Your Decisions. Spot Big and its affiliates, through the Site, may provide a venue through which you can obtain information and you can find third-party service providers (“Service Providers”). Spot Big does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. Spot Big does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that Spot Big will not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.

No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Spot Big does not make any warranties or representations regarding any pricing, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or by Service Providers.

 

Eligibility

You hereby represent and warrant that you 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 these terms.

By accessing and using the Site, you represent and warrant that:

  • you are of 18 years of age or older
  • you are a citizen or resident of the United States of America and that you have an address in the United States of America;
  • When entering any contest that awards prizes, you are not an employee or operator of Spot Big.

If Spot Big determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Site or participate in any contests. Spot Big may require you to provide proof that you are eligible to participate in a contest according to this section prior to receiving a prize. If Spot Big otherwise determines that you do not meet the eligibility requirements of this section, Spot Big may terminate your account, withhold or revoke the awarding of any prizes associated with your account. In such a situation, Spot Big may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be determined by Spot Big at its sole discretion.

 

Testimonials

The Site may allow the users of the Site to contribute information and make testimonial statements (“Testimonials”). If you submit a Testimonial, including any text, graphics or logos, you automatically grant Spot Big and its affiliates and assigns the worldwide, fully-paid, royalty-free, nonexclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).

You may not transmit, submit or post the following to the Site:

  • Information that infringes Spot Big’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Spot Big or third parties or that infringes on Spot Big’s or any third party’s rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
  • Information that is false, inaccurate or misleading; or
  • Commercial advertisements or solicitations without written permission from Spot Big.

Spot Big reserves the right (but not the obligation) to edit, refuse to post or remove Testimonials from the Site. Pursuant to the Privacy Policy, Spot Big may review Testimonials made by you to determine, in its sole discretion, your compliance with this Agreement.

You are solely responsible for all your Testimonials and the consequences of submitting them.

 

Prizes

The winner will be notified in person within seven (7) working days of the conclusion of the competition.  Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

The players in each contest who pick the location closest to the location of the Judge’s panel final position that is picked in the photograph and comply with eligibility requirements and applicable rules will win the prize that was associated with the closest ticket, as set out in the posted contest details.

The first prize winner will be required to show a copy of their registration and state issued Drivers license to the promoter to confirm the winner’s identity and proof of purchase. Failure to meet these obligations may result in the first prize winner being disqualified and the promoter choosing the runner up.

In the event of a tie, it comes down to the player’s next closest sequential pick. If they don’t have one, then the two players will play a tie breaker competition in order to decide the winner.

No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of a contest is challenged by any legal authority, Spot Big reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Spot Big contests, Spot Big is the sole judge and its actions are final and binding.

 

Taxes

Each year all winners who have won prizes worth $600 or more over the previous year must provide updated address and social security details to Spot Big. These details will be used to allow Spot Big to comply with tax regulations and may be shared with appropriate tax authorities. You, not Spot Big, are responsible for filing and paying applicable state and federal taxes on any winnings. Spot Big does not provide tax advice, nor should any statements in this Agreement or on the Site be construed as tax advice.

 

Notification

Winners are generally posted on the Site after the conclusion of each contest by 10 AM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner’s names for each contest may be obtained by writing to: Spot Big LLC, 980 N. Federal Highway, Suite 110, Boca Raton, FL 33432.

 

Spot Big’s Intellectual Property Rights 

Spot Big’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Spot Big in the United States and/or other countries (collectively, the “Marks”). You may not use the Marks without the prior express written permission of Spot Big which permission may be withheld in Spot Big’s sole discretion. Spot Big makes no claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, Spot Big or its Content suppliers. Spot Big also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of Spot Big or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You are solely responsible for any damage resulting from your infringement of Spot Big’s or any third party’s intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by Spot Big or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

 

Your Use of the Content

Spot Big grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you may not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Spot Big, which permission may be withheld in Spot Big’s sole discretion.

You may not use any meta tags or any other “hidden text” utilizing Spot Big’s name or the Marks without the express written permission of Spot Big, which permission may be withheld in Spot Big’s sole discretion.

 

Release

By accessing and/or using the Site, you hereby agree to Spot Big’s use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Spot Big contests and Spot Big generally, unless otherwise prohibited by law. You hereby agree that Spot Big may announce your name in any suitable media in connection with the marketing and promotion of Spot Big. You further agree that participation in and the winning of a prize in connection with a contest constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

 

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without Spot Big’s express written permission which may be withheld in Spot Big’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Spot Big’s sole discretion an unreasonable or disproportionately large load on Spot Big’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of Spot Big and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures Spot Big may use to prevent or restrict access to the Site. Notwithstanding the foregoing, Spot Big grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site. Spot Big reserves the right to revoke these exceptions either generally or in specific cases. You agree that you will not collect or harvest any personally identifiable information, including account names, from the Site. You agree that you will not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You agree that you will not solicit for commercial purposes any users of the Site without Spot Big’s express, written permission, which permission may be withheld in Spot Big’s sole discretion.

 

Electronic Communications

When you visit the Site or send email to Spot Big, you are communicating with Spot Big electronically. You consent to receive communications from Spot Big electronically and via any e-mail address you provide to Spot Big for any purposes. Although Spot Big may choose to communicate with you by regular mail, Spot Big may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Spot Big provides to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with internet access or long distance charges incurred with regard to your access and use of the Site.

 

Third Party Links

There may be provided on the Site links to other Web sites belonging to Spot Big’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Spot Big of those Web sites, nor the products or services listed on those Web sites. Spot Big is not responsible for the activities or policies of those Web sites. Spot Big does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Spot Big does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site are the best terms or lowest rates available in the market.

 

Mobile Devices

If Spot Big provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.

 

Spot Big Makes No Representations or Warranties Regarding the Content

The Content and all services and products associated with the Site are provided to you on an “as-is” and “as available” basis. Spot Big makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk.

Spot Big does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Site. Spot Big makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Spot Big does not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through the site.

The Site is controlled and offered by Spot Big from Spot Big’s facilities in the United States of America. Spot Big makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

 

Limitations on Spot Big’s Liability

Spot Big WILL in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Site; (iii) your delay in accessing or inability to access or use the Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Spot Big AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. you and Spot Big agree that Spot Big’sS LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU AND Spot Big AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

 

Your Indemnification of Spot Big

You agree to defend, indemnify and hold harmless Spot Big and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Spot Big; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your Testimonials; and/or (vi) any personal injury or property damage caused by you.

 

Amendments of this Agreement

Spot Big reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Spot Big posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.

 

Spot Big’s Remedies

You acknowledge that Spot Big may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Spot Big will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

 

Governing Law

This Agreement is to be governed by and construed in accordance with the laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Broward County, Florida, or the United States District Court, Southern District of Florida.

 

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

This Agreement, the Privacy Policy, and all aspects of your relationship with Spot Big, including any personal information or data associated therewith, may be disclosed and/or assigned by Spot Big to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Spot Big from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Spot Big regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact Spot Big via any of the methods set forth below: