Merchant Terms and Conditions

for operating a prize contest on Fishbowl

We have created these terms and conditions for your protection. We have done our best to ensure that by complying with these terms, and running a prize draw that follows the format of this website along with the tips, suggestions, and advice offered throughout, you will be complying with state and federal laws that govern sweepstakes, prize contests, and prize delivery in the United States. However, ultimately it is your responsibility to ensure that you run a fair and proper draw that complies with your regional legislation as well as that of the governing bodies of every region from which you allow entrants to your prize draw.

OVERVIEW

This website is operated by Fishbowl. Throughout the site, the terms "we", "us" and "our" refer to Fishbowl. Fishbowl offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any thirdparty for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 7 - OPERATING A PRIZE CONTEST
i. Offering a Prize

By offering a prize on your website and/or the Fishbowl marketplace you abide by all of the rules and conditions set herein, and with the intention to offer a legitimate prize contest and guarantee the delivery of the prize being offered.

When offering a prize, you are indicating that you are currently in possession of the item being awarded or will be in possession of the item at the time of the prize draw completion and that you will make the prize item available to the prize winner immediately upon an eligible winner being picked at the end of your contest.

By creating your prize contest and publishing it on your website and the Fishbowl marketplace, you are committing to the guaranteed delivery of the prize. You do not have the option to edit or cancel your prize draw for any reason at any time once you have started your contest.

ii. Prize Restrictions

It is up to you, the Merchant, to set out any restrictions such as age, location, or otherwise to potential prize winners in the details section of your prize contest page on Fishbowl.com. You may restrict your prize availability in any regions that you wish not include for any reason. Some regions have different requirements for running a prize contest depending on the value of the prize, and require registrations by you, the merchant for the contest you are running. We have pointed some of these cases in the Contest CheatSheet section of your admin. But keep in mind, legislation for any region may change at any time, and while we’ve provided an extensive list of resources for you, it is by no means complete and it is up to you to ensure that you are complying with all regulations from all regions to whose residents you are offering your prize.

In some cases you may wish to restrict offering your prize campaign to certain regions because of costs involved such as shipping your prize to the winner, or you may choose to share these costs in some part with the prize winner, however these terms and restrictions must be explicit and complete in your prize details.

If there are no terms or restrictions set out in the details section of your prize draw, you are entirely responsible for the delivery of your prize and any costs that may be associated with it.

iii. Who is not eligible to win

You and employees of your company and its respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the contest.

iv. Communicating with Customers

Fishbowl.com has been created as a method for online merchants to promote their products and collect contact information from potential customers. We understand that this information may be used to send communications about your company including marketing materials and information on your products and promotions in order to help increase sales and awareness of your company and your products.

By exporting a list compiled through a prize contest on Fishbowl.com you are assuming absolute responsibility for activities you perform and any communications you instigate through use of that information. Furthermore, by exporting an email list from Fishbowl.com you agree that you will send email communications in full compliance with any and all regional antispam legislation. You agree that you will not sell or provide your email list(s) to any other person or business entity. You will use a reputable email client for bulk email sending and you will make yourself aware of best practices for email marketing. You also agree that you will comply immediately and fully with any ‘unsubscribe’ requests from members who are on your email list, but wish no longer to receive communications from you. You are fully responsible for any abuse claims that are made against you as a result of your email communications and Fishbowl is in no way affiliated with your company or any communications you participate in with your customers and is absolved of any complaints, legal or otherwise, brought against your company.

CANSPAM agreement:

The CANSPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

To be in accordance with CANSPAM you agree to the following:

  • • NOT use false, or misleading subjects or email addresses
  • • Identify the message as an advertisement in some reasonable way
  • • Include the physical address of our business or site headquarters
  • • Monitor third party email marketing services for compliance, if one is used.
  • • Honor optout/unsubscribe requests quickly
  • • Allow users to unsubscribe by using the link at the bottom of each email
iv. Delivering Prizes

Guaranteed prize delivery is paramount to the sustained operation of Fishbowl and the successful prize contests operated by the Merchants on the Fishbowl prize system. By operating a prize contest using the Fishbowl.com platform and its software, you are committing to the guaranteed delivery of your prize upon the completion of your contest and the subsequent draw of an eligible winner. As a merchant operating a prize draw, it is your responsibility to cover any costs associated with the delivery of your prize unless otherwise stated explicitly in the details section of your prize contest page.

Any claims of failure to deliver your prize will be thoroughly investigated by the Fishbowl fraud department and may be referred to appropriate legal authorities. Failing to deliver the prize which you have offered will result in forfeiture of any deposits and payments, suspension from using Fishbowl for future campaigns, and publication of the Merchant’s practices on the Fishbowl website as well as any Fishbowl social media accounts and by direct email to all of eFishbowl’s users.

If Merchant’s are found responsible for failing to deliver a prize they have offered, they will still be responsible for providing the full value of the prize to Fishbowl administration.

v. Content That You Post

In posting any content on our website as part of a prize content including, without limitation to text, images, audio, and video clips, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you have published on our website.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your content will not violate any right of any thirdparty, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or thirdparties as to the origin of any comments. You are solely responsible for any content that you publish and its accuracy. We take no responsibility and assume no liability for any content posted by you or any thirdparty.

When you publish content on our website, you are granting us a nonexclusive, worldwide, perpetual, irrevocable, royaltyfree, sublicensable and transferable right to use, reproduce, adapt, publish, translate and distribute your content in any and all media.

vi. Prohibited Prizes

Merchants operating prize giveaways using Fishbowl, its software and services are prohibited from offering the following prizes, or prizes of their nature:

Alcohol

Tobacco and tobacco products

Firearms or weapons of any kind

Sexually oriented or pornographic products or services

Any copyrighted material or media which you do not own the rights to distribute

Any legal or illegal drugs and drug paraphernalia

Fishbowl may also choose to suspend your prize draw at any time for any reason including if your prize draw is deemed to be offering prohibited items or services even if they are not listed in this terms and conditions.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or errorfree.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

In no case shall Fishbowl, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fishbowl and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any thirdparty due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a thirdparty.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1202 Rivard Street, Ile des Chenes, Manitoba, Canada, R0A 0T0

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@fishbowlprizes.com.