Please read these Terms and Conditions (the "Terms and Conditions") carefully before participating in the getmyfreedinner.com program (the “Program”) on the getmyfreedinner.com Web site (the "Web Site"). Getmyfreedinner.com is an independent website (“we”, “us” and “our”) that provides consumers with a means by which offers from advertisers and business affiliates (collectively, the “Sponsors”) are made available to you. In return for registering with the Program and for completing offers with our Sponsors, we will send you a gift card for your participation. In order to receive your gift card from us , you must comply with all terms and conditions that are set forth in these Terms and Conditions, the pages within our Web Site and our Privacy Statement. By participating in the Program, you agree to be bound by these Terms and Conditions.
1. The Gift Card. In order to obtain a gift card that is being offered to you at no cost, you must (a) read and agree to abide by these Terms and Conditions; (b) complete the registration process; and (c) register for the requisite number of our Sponsor’s offers on the identified pages that qualify towards the gift card promotion. We are solely responsible for all gift card fulfillments. Please do not contact any Sponsors regarding your gift card status. In the event that the gift card that you select is no longer available, we reserve the right to substitute a comparable gift card of similar value (at our sole discretion). There is no shipping or handling fee associated with a gift card you are entitled to receive.
2. Registration Requirements. To become a Member (i.e., a person who completes the registration process and selects the offers necessary to obtain the gift card),
a. You must:
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i. be 18 years of age or older;
ii. be a legal resident of the United States;
iii. be an individual person, and not a corporation or other legal entity;
iv. have a valid e-mail address;
v. have a physical mailing address in the United States;
vi. have your Internet browser set to accept "cookies" from getmyfreedinner.com and all other Sponsor websites; and
vii have your Internet browser set to run Javascript.
c. You must complete the required number of Sponsor offers on the identified pages, and we must be notified by the Sponsor(s) that you have completed the offer(s) in order to receive your gift card. The number of Sponsor offers required to be completed may vary. You are not required to complete any one specific offer to earn your gift card, but you may need to complete multiple offers of your choice depending on which gift card you selected.
d. All information provided in the registration process and Sponsor registration process must be valid information (i.e., you may not impersonate or misrepresent your identity). Receipt of inaccurate or misleading information will adversely affect our ability to operate the Program and provide services required by Members and Sponsors. In this regard, We reserve the right to terminate a Member's membership in the Program if misleading or intentionally incorrect personal information is provided. We further reserve the right to request verification of any of the information provided by member for enrollment with and use of the Program and the Web Site.
e. We must accept your registration information. We, at our sole discretion and in order to comply with applicable law, may refuse to accept any application for membership.
f. For certain offers, you may need to activate a credit card or take some other action to be approved for an offer with a Sponsor. You must be "approved" by all of our Sponsors to whom you submit information to be eligible to receive your gift card, and we must be notified by our Sponsors of your activation or similar action in order to be considered eligible for gift card fulfillment.
g. Once you have completed the requisite steps, your gift card will be shipped to you within 8 to 10 weeks, assuming you have followed the gift card redemption procedures properly and complied with all other provisions of these Terms and Conditions.
3. Valid Contact Information. We are not responsible for lost gift cards or lack of communication due to your failure to provide us with valid contact information.
4. Agreement to Accept getmyfreedinner.com and Sponsor E-Mail. By using the Web Site and registering to become a Member, you are agreeing to opt-in to receive newsletters and other special offers by e-mail from us or any of our Sponsors. If you do not wish to receive newsletters and e-mails from the Program, you may opt-out at any time by clicking on the unsubscribe link on the associated e-mail from the Program. Please note that it may take up to 72 hours for us to process an opt-out request and that any e-mail communications within the queue prior to your decision to opt-out will still be sent to you. With respect to our Sponsors, you will need to opt-out or unsubscribe in the manner described in such Sponsor's e-mail or newsletter. Please check their privacy policy or terms and conditions for more details.
5. Membership is Non Transferable. Your membership in the Program is personal to you and are not transferable
6. Termination and Cancellation. We, in our sole discretion and for any reason or no reason at all, may terminate any Member's membership or the application of any applicant without prior notice for:
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a. any violation of any provision of these Terms and Conditions;
b. any violation or potential violation of a law, rule, regulation or ordinance governing this Program or this Web Site;
c. aiding in or promoting circumvention of these Terms and Conditions; or
d. otherwise acting unlawfully in relationship to the Program or the Web Site.
If we terminate your account or application, you may not re-enroll or join the Program unless formally invited to do so by us. You may cancel Your membership at anytime by clicking here and requesting such cancellation.
7. Your Duties. You shall:
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a. not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration,
security, or proper function of the Program or the Web Site;
b. not use robots or scripts with the Program or the Web Site;
c. adhere to these Terms and Conditions and instructions for obtaining and redeeming your gift card, including performing all the prescribed acts within the required timelines.
8. Amendment of Terms and Conditions. We may revise these Terms and Conditions from time to time, at our sole discretion, by updating these Terms and Conditions. Unless otherwise provided below, the revised Terms and Conditions will take effect immediately upon their posting. Your continued use of the Program and the Web Site after the posting of any revised Terms and Conditions will signify your acceptance to the modified terms. Please review the Terms and Conditions on this Web Site regularly to look for amendments or modifications.
9. Notice. If you have a question about the Program or the Web Site, please click here to send an email to our customer support group.
10. Your Relationship with Sponsors. Your relationship with our Sponsors is separate from your relationship with us and the Program. Any payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with your transactions with such Sponsors are solely between you and such Sponsor. You agree not to hold us liable for any claim, loss or damage of any kind incurred as the result of any such transaction or dealings between you and such Sponsor, or as the result of the content provided by such Sponsor through a link or other transfer of information from the Web Site to such Sponsor.
11. Gift Card Terms. Your gift card is subject to the terms of the retailer that issued such gift card as well as all applicable laws. The gift card expires on the expiration date listed on the gift card, except where prohibited by law, or when the entire value has been exhausted, whichever comes first.
12. General Disclaimers. We do not endorse the products or services of its Sponsors, nor do we warrant or validate the contents of their advertisements or offers. We do not assume any responsibility or liability for the accuracy of material contained in any Sponsor Web site. In addition, we:
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a. do not have absolute control over the timing of the application process
and therefore, you understand that, in some cases, there may be delay in
the delivery of gift cards due to our Sponsors and business affiliates delay
in transmitting necessary information or other reason outside of getmyfreedinner.com
control (which such delay getmyfreedinner.com shall not be responsible or
liable for);
b. does not offer any warranty or guarantee, nor does it insure the quality of any product or service provided by our Sponsors, nor do we provide any representation or warranty with respect to the premium or free gift selected by you; or
c. is not responsible for its Sponsor's promotions or offers displayed on the Web sites of its Sponsors.
14. Limitation of Liabilities. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER US NOR ANY OF OUR SUBSIDIARIES, SPONSORS, ADVERTISERS, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, RESULTING FROM THE USE OR THE INABILITY TO USE THE PROGRAM AND THE WEB SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR THE WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: FIFTY DOLLARS (US $50).
15. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed and construed in accordance with the laws of the State of Illinois, without reference to the principles of conflicts of laws thereof. Any action relating to this Agreement shall be brought in the state or federal courts located in the Alameda County, CA, and you hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the all laws that apply to the use of the Web Site. If the law of your state, or US Territory does not permit your participation in this Program, then you are responsible for complying with such laws and you agree to indemnify us against any action you undertake to use the Web Site.
16. No Assignment. These Terms and Conditions are personal to you and you may not transfer, delegate, or assign these Terms and Conditions. Any attempt to assign or delegate these Terms and Conditions shall be null and void. We may assign these Terms and Conditions at our sole discretion.
17. Disputers / Questions. All questions or disputes regarding the Program may be submitted in writing to getmyfreedinner.com Program at BlueSky Media, 6114 La Salle Ave, # 228, Oakland, CA 94611; or via email to support@getmyfreedinner.com. All interpretations of these Terms and Conditions shall be at our sole discretion.
18. Entire Agreement. These Terms and Conditions, in addition to our Privacy Statement [insert link], constitute the entire agreement between You and getmyfreedinner.com in connection with your membership in the Program and use of the Web Site and supersedes all prior agreements, if any, between the parties regarding the subject matter contained herein. If any provision of these Terms and Conditions is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force. No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.