Advertiser Terms

These Advertiser Terms apply when a business or organization (“you”) buys a featured listing, spotlight, partner package, email placement or any other advertising (a “Placement”) from AllCarGiveaways (“we,” “us”). The email or invoice in which we confirm a Placement, its dates and its price (an “Order”), these terms and our Terms of Use together make up the agreement. If an Order expressly changes one of these terms, the Order wins for that Order only.

1. Editorial independence

A Placement buys position and visibility, not coverage. Before, during and after a Placement, we'll keep listing, summarizing, flagging and reporting on your giveaways, rules, winners, companies, addresses and advertising by the same standards we apply to every sponsor, including facts you may not like. You can ask us to correct errors under our Editorial Policy, but you can't pay to add, remove or change facts or reporting. A Placement isn't an endorsement, and we won't describe you as endorsed, verified or approved.

2. Labels

Every Placement is clearly labelled “Sponsored” or with a similar label, as the FTC requires. We won't remove or hide the label.

3. Your giveaway must be lawful

For every giveaway or promotion you advertise with us, you promise that:

• it complies with all applicable federal, state and local laws, including sweepstakes, lottery, gambling, contest and raffle laws; consumer protection and advertising law, including the FTC Act; charitable solicitation and commercial co-venturer laws; and tax reporting rules;
• wherever the law requires, it offers a free method of entry with an equal chance of winning, and complete official rules are publicly available for its whole run;
• you or your administrator have made every required registration and bond (New York and Florida, for example, require them for chance promotions with prizes worth more than $5,000 in total), and you'll show us proof if we ask;
• you'll choose winners as your rules say and award every prize as described, and you're solely responsible for entries, eligibility checks, communications with entrants and winners, tax reporting and prize delivery; and
• your ads and everything you give us are truthful, not misleading, and don't infringe anyone's rights.

4. Your materials

You give us a non-exclusive, worldwide, royalty-free license to use, copy, resize, crop, adapt and display the names, logos, trademarks, photos, videos, text and other materials you provide or publish for your giveaway (“Materials”) in your Placement and in our listings, emails, feeds and social media posts, during the Placement and afterwards in our archive and reporting. You promise that you own the Materials or have every permission needed, including from photographers and from anyone shown in them, and that our use won't infringe anyone's rights.

5. Our right to refuse or remove

We may refuse, pause or remove any Placement or Materials at our discretion, for example if we receive credible complaints, the giveaway changes or ends early, we can't verify its rules, a legal concern comes up, or you break these terms. If we remove a Placement for any reason other than your breach, we'll refund the unused part. If we remove it because you broke these terms, we don't have to refund anything.

6. Payment and cancellation

Prices are as quoted in the Order. Unless the Order says otherwise, you pay in full before the Placement starts. You can cancel for a full refund, less any payment processing fees, until the Placement starts; after that, fees are non-refundable except as section 5 says. You're responsible for any taxes on your purchase, other than taxes on our income.

7. No guaranteed results

We don't guarantee any number of impressions, clicks, entries, sales or rankings, or any other result. Click reports come from our analytics and are estimates.

8. Charities

For charities and giveaways that benefit a charity, we charge flat fees only. We never take a percentage of donations, ticket sales or entries, and we don't act as anyone's commercial co-venturer, professional fundraiser or fundraising counsel.

9. Email placements

Sponsored emails and email slots are labelled. We send them only to people who subscribed to our alerts, under our own name, with our unsubscribe link and mailing address, and we act as the sender responsible for complying with the CAN-SPAM Act. We never give you our subscribers' email addresses. You're responsible for the accuracy and legality of the content you supply.

10. Indemnity

You will defend, indemnify and hold harmless us and our owners, officers, employees, contractors and agents from all claims, losses, damages, penalties, fines, costs and expenses (including reasonable attorneys' fees) arising out of or relating to your giveaways or promotions, your products, your Materials, your breach of these terms, or your violation of any law or anyone's rights.

11. Limitation of liability

Except for your obligations under sections 3, 4 and 10, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Our total liability under these terms and any Order is limited to the amount you paid us for the Placement that gave rise to the claim.

12. Law and disputes

These terms and every Order are governed by the laws of the state where we have our principal place of business, without regard to conflict-of-law rules. Any dispute between us about them will be decided only by the state and federal courts for the county where we have our principal place of business, and both of us consent to their jurisdiction. The arbitration section of our Terms of Use doesn't apply to disputes under these Advertiser Terms.

13. Everything else

We may update these terms for future Orders; the version in effect when you place an Order applies to it. You can't transfer an Order without our written consent. We're independent contractors, and nothing here creates a partnership, joint venture or agency. Sections 1, 3, 4, 7, 10, 11 and 12 survive the end of a Placement.

Contact

AllCarGiveaways
hello@allcargiveaways.com