Topgiveaways.com and its owner (adQuadrant, Inc.), subsidiaries and affiliates ("Topgiveaways.com," "we," or "us"), require that all visitors to our Web sites, apps, and Amazon Alexa skills operated by Topgiveaways.com (the "Site") adhere to the following terms and conditions of use. By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your "Company"), to be bound by and comply with the following terms and conditions of use (these "Terms") and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. Please take note of the “Last Updated” date above. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the "Content").

2.1 You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

2.2 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.

2.3 You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

Information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy. 

A. ELIGIBILITY: 18 years or older. Void where prohibited by law or as otherwise determined by Topgiveaways.com. All federal, state and local laws apply. Employees, agents, successors, and assignees of Company, and their advertising agencies and promotional companies involved in this Giveaway, as well as family and household members of same, shall be ineligible to participate in the Giveaway or win any prize. By participating, you unconditionally agree to and accept these Terms.

B. SPONSOR: adQuadrant, Inc, 120 Tustin Ave Suite C1056, Newport Beach, CA 92663 is the sponsor of the weekly giveaway (the “Giveaway”).

C. HOW TO PLAY: Eligible participants may enter by submitting their personal e-mail address and agreeing to the Terms and Privacy Policy on this Site.  

D. RESTRICTIONS: One entry per participant. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY US WHOSE DECISIONS ARE FINAL AND BINDING. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SAID CONTESTANT’S ELIGIBILITY AND THE POTENTIAL WIN HAS BEEN VERIFIED AND SAID CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND ANY DOCUMENTATION NECESSARY FOR VERIFICATION HAS BEEN SUBMITTED TO Topgiveaways.com. PARTICIPANT MUST PROVIDE HIS/HER NAME AND ADDRESS IN ORDER TO SHIP ANY PRIZE WON. No transfer, or assignment of a prize will be permitted. Company and the promotion location are not responsible for any typographical or other error. Prize recipients are subject to all terms and conditions.

E. PRIZES: Odds of winning depend on number of entries. A valid e-mail and address is required to claim all prizes. Each weekly prize is disclosed ahead of time with its manufacturer’s suggested retail value. 

F. SELECTION OF WINNERS AND NOTIFICATION: The weekly winner will be selected in a random drawing each Friday, or the next business day if the Friday is a legal holiday. You must re-enter each week in order to be eligible for next prize. The weekly winner will be notified via the e-mail address provided on original entry and is required to respond within three (3) business days of the e-mail. By accepting a prize, winner releases and discharges us, and our respective affiliated companies, and the promotion location, from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Giveaway. By participating, a winner, except where prohibited by law, grants us, our designee and affiliated companies the right to use the winner's name, likeness, picture, portrait, hometown, voice, biographical information and written submissions and written or oral statements, for advertising and promotional purposes without additional compensation unless required by law.

G. DISQUALIFICATION / TERMINATION: We and any other companies involved with or otherwise providing services related to this Giveaway are not responsible for lost or destroyed entries. Persons found tampering with or abusing any aspect of this Giveaway, and persons entering or attempting to enter more than once, as solely determined by us as the Sponsor, will be disqualified. In the event any portion of this Giveaway is compromised, we reserve the right, at our sole discretion, to suspend or terminate the Giveaway. We reserve the right, in our sole discretion, to cancel, modify, extend, or suspend the Giveaway at any time.

G. DISQUALIFICATION / TERMINATION: We and any other companies involved with or otherwise providing services related to this Giveaway are not responsible for lost or destroyed entries. Persons found tampering with or abusing any aspect of this Giveaway, and persons entering or attempting to enter more than once, as solely determined by us as the Sponsor, will be disqualified. In the event any portion of this Giveaway is compromised, we reserve the right, at our sole discretion, to suspend or terminate the Giveaway. We reserve the right, in our sole discretion, to cancel, modify, extend, or suspend the Giveaway at any time.

H. MANDATORY ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: Any controversy, claim or dispute between the parties arising out of or relating to this Giveaway, contest and/or promotion or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California in accordance with the Laws of the State of California. The parties agree that the arbitration shall be administered by a nationally recognized arbitration service pursuant to its rules and procedures. The arbitrator shall be neutral and independent. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Under no circumstances will a participant be permitted to obtain awards for, and participant hereby waives all rights, to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorneys’ fees) of arbitration equally unless otherwise required by law or the arbitration rules. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend of enforce the award. The arbitration requirement and class waiver shall survive any termination and completion of this promotion, and the parties to it agree that it shall apply to all promotions that are related to, offered with or subsequent, by this sponsor or any subsequent promotion. In all respects, the parties expressly intend and agree to bring all claims arising or related to this promotion through binding arbitration.

You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Topgiveaways.com or its licensors and content providers.

6.1 Topgiveaways.com reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Topgiveaways.com, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

6.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Topgiveaways.com will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor your Company may cause or permit any person to do any of the following:

(a) use the Site or Content for any unlawful purpose;

(b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) use the Site to post or transmit any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

(f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

8.1 By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a "Submission"), either through your use of the Site or otherwise, you authorize Topgiveaways.com to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Topgiveaways.com an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

8.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

If you believe in good faith that any Content or Submission has been used in a way that constitutes copyright infringement, you may forward the following to us at Topgiveaways.com Attn: VP Finance, 120 Tustin Ave Suite C1056, Newport Beach, CA 92663

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), we will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any content on the Site (the “Content”) has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

• a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of 

Our designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims

Topgiveaways.com takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify Topgiveaways.com immediately if you discover loss or access to such information by another party not under your control and supervision. Topgiveaways.com will not be liable for any loss or damage arising from the unauthorized use of your username or password.

11.1 This Site includes hyperlinks to other websites which are not maintained by Topgiveaways.com. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Topgiveaways.com of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Topgiveaways.com will have no liability for any loss or damage arising from your access or use of any external website. Since Topgiveaways.com is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

11.2 Images of the Topgiveaways.com logo can only be used to link to the Site; any other use of the Topgiveaways.com logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Topgiveaways.com approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

The use of this SITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, Topgiveaways.com AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

13.1 In no event will Topgiveaways.com, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our "Representatives"), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

13.2 Under no circumstances will Topgiveaways.com or our Representatives be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Topgiveaways.com and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

13.3 Without limiting any of the foregoing, if Topgiveaways.com or any of the Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

You agree to defend, indemnify and hold harmless Topgiveaways.com, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), arising out of: (a) your Submissions; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Topgiveaways.com; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or other identifiers. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

These Terms will be construed and enforced in accordance with the laws of the State of California. Each of you and your Company submits to personal jurisdiction in California, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Orange County, California.

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY

Please contact us with any questions regarding the Site or these Terms at legal@topgiveaways.com.

18.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

18.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

18.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

18.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.

18.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

18.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

18.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

18.8 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

18.9 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

If you have entered into a separate written agreement with Topgiveaways.com with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.