Shoutz may from time to time offer sweepstakes games (“Games” or “Game”) as part of the Services. Each Game is governed by its own set of Official Rules, which will apply to your access and use of the Games. This is in addition to and not in lieu of these Terms. Official Rules for each Game can be accessed through the Game when you are asked to agree to the Official Rules.
The Powerball sections of the Services display the estimated jackpot and the latest winning numbers for the Powerball drawings. Shoutz obtains this information from the Powerball website, www.powerball.com. Shoutz disclaims any liability whatsoever relating to, and takes no responsibility for, the accuracy or completeness of any such information.
With respect to the winning numbers, while a reasonable attempt is made to ensure that this list of numbers on the Powerball website is accurate, the official winning numbers for the Powerball lottery are recorded in the official draw files as certified by an independent accounting firm. Winning numbers for the Powerball lottery are not official until confirmed by the auditing firm of Carroll and Company, CPAs. See the Powerball website, www.powerball.com, or your state lottery’s website Powerball section for more.
The Mega Millions sections of the Services display the estimated jackpot and the latest winning numbers for the Mega Millions drawings. Shoutz obtains this information from the Mega Millions website, www.megamillions.com. Shoutz disclaims any liability whatsoever relating to, and takes no responsibility for, the accuracy or completeness of any such information.
With respect to the winning numbers, while a reasonable attempt is made to ensure that this list of numbers on the Mega Millions website is accurate, Shoutz cannot guarantee that the numbers displayed on the Services is correct. You should view the winning numbers on the official Mega Millions website for verification, www.megamillions.com. Winning numbers are posted on the Mega Millions website shortly after each drawing. Information on the number of winners is posted on Wednesday and Saturday mornings after Mega Millions lottery security has verified winning ticket sales. You can also call a player information telephone number in each Mega Millions state. These numbers are listed on the Contact Us page, www.megamillions.com/contact-us.
The Services allow you to enter into the application numbers (one or more lines) from your Powerball ticket 1) to store for reference purposes, and 2) so that the Services can alert you whether or not you may have any winning numbers from among those numbers you stored in the Services. This is merely a convenience offered as part of the Services and Shoutz disclaims any and all liability and does not take any responsibility for accurately determining whether the ticket you possess is a winning or non-winning ticket. It is your sole responsibility to enter in the Powerball ticket information accurately, and to verify your successful entry of the actual numbers once entered. Shoutz will not verify, cross check or otherwise assist you or correct your entries. Shoutz disclaims any responsibility or liability for the accuracy or completeness of any ticket number entered, the failure or timeliness of any notification of a potential winning or non-winning ticket number, or the successful functioning of the storage capability of the Services or the ability by you to retrieve any number previously entered by you from the Services. If you receive a notification that you may have a potential winning number or that you do not have any potential winning numbers, it is your responsibility to go to the Powerball website, www.powerball.com (or your state lottery’s website Powerball section), or the Mega Millions website, www.megamillions.com (or your state lottery’s website Mega Millions section) and verify the information with the information on your physical ticket. The same rules as to when winning numbers are declared official in a drawing apply to this information.
Use of the Services to store and retrieve your winning numbers is for informational and entertainment purposes only. To claim a prize from a winning number, you must have the physical ticket purchased from an authorized Powerball retail location and follow the rules in your state (or the state where you purchase the ticket from an authorized retail location) for claiming prizes. Regardless of whether you accurately stored your ticket in the Services, accurately and timely retrieved the ticket numbers or any other actions on your part on the Services, the ticket information stored in the Services cannot be used to claim a Powerball prize for a winning ticket or assist you with or act as a substitute for a lost or stolen ticket. You are also bound by the section below entitled “The Services are Available ‘AS-IS.’ ”
If you enter in your Powerball ticket numbers into the Services, the Services will notify you of the status of your entered and stored ticket numbers after each Powerball drawing through an email to the email address you provided to Shoutz when you registered to use the Services. Since the notification of the status of your tickets is the essence of the convenience of entering and storing your tickets, by using the Services, and specifically the ticket number storage feature, you agree that Shoutz may, through the Services, notify you of this information via email. You may opt out of this email notification service at anytime. Shoutz disclaims any liability and takes no responsibility for successfully sending you an email either for a winning ticket or a non-winning ticket, or doing so in a timely manner.
State and Other Lotteries
The Services display certain lottery information for a number of state and other U.S. lotteries, including game name, draw date, winning numbers, etc. Shoutz obtains this information directly from the lotteries using public sources of information and Shoutz takes no responsibility for the accuracy or completeness of any of this information. With respect to the winning numbers, while every attempt is made to ensure that this information is accurate, the official winning numbers for any lottery game are recorded in the official draw files for such lottery game. No winning numbers are official until certified in accordance with that lottery’s official rules.
General Use of the Services
Shoutz hereby grants you permission to access and use the Service as set forth in these Terms, provided that:
- You must be at least 18 years old to use the Services.
- You agree not to distribute in any medium any part of the Services or Content without Shoutz’s prior written authorization, unless Shoutz makes available the means for such distribution through functionality offered by and embedded in the Service (such as an option to share certain elements of your use through social media, such websites and mobile applications, through clicking on buttons or other means provided in the Services for this purpose).
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than that provided the Services or other explicitly authorized means Shoutz may designate.
You may use the Services only if you can form a binding contract with Shoutz under applicable law (i.e. not a minor) and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. As stated previously, you must be at least 18 years old to use the Services. In addition, certain elements of the Services may include the Games discussed above. Different age limitations apply to the Games, and those limitations will be found in the Official Rules for each Game. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Shoutz provides are always evolving and the form and nature of the Services that Shoutz provides may change from time to time without prior notice to you. You obtain no right or privilege to the continuation of any specific Service, or the Services generally, by your use of the Services. Shoutz may stop (permanently or temporarily) providing the Services (or any specific aspect or feature of any of the Services) at any time, either to you or to users generally, and may do so without prior notice. We may add new features or aspect to the Services at any time, with or without prior notice to you. We also retain the right to create limits on your use at our sole discretion at any time, with or without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or other aspect or feature of or information on the Services, queries made through the Services, or other information collected through your use of the Services. The types and extent of advertising on the Services are subject to change. In consideration for Shoutz granting you access to and use of the Services, you agree that Shoutz and its third party providers and advertisers may place such advertising on the Services or may advertise connection with the display of Content or information from the Services, whether submitted by you or others.
In some cased in order to access the Services you will have to register and create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shoutz or others due to such unauthorized use. We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of these Terms or any other of our various policies.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Prohibited User Conduct
You warrant and agree that, while using the Services you will attempt to gain unauthorized access to the Services or any other computer systems through the Services. You shall not:
- access, tamper with, or use non-public areas of the Services, Shoutz’s applications, servers and systems, or the technical delivery systems of Shoutz’s third party providers;
- probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Shoutz (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Shoutz (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Shoutz is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- use the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Services;
- use the Services in violation of our or any third party’s intellectual property or other proprietary or legal rights; or
- use the Services in violation of any applicable law.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any Content, or make any unauthorized use of the Services or the Content. You agree that you shall not use the Services in any manner that could interfere with any other user’s use and enjoyment of the Services.
All right, title, and interest in and to the Services (excluding Content provided by us, our clients, our advertisers or our users) are and will remain the exclusive property of us (or its clients and advertisers, as appropriate) and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use any of our name or any of the our trademarks, logos, domain names, and other distinctive brand features (as they now exist or may come into existence in the future), or the trademarks, logos, domain names, and other distinctive brand features of any of our clients or advertisers. Any feedback, comments, or suggestions you may provide regarding Shoutz, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you for compensation or communication of such use.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Shoutz customer service. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
- Your name, address, telephone number, and e-mail address;
- A statement that you consent to the jurisdiction of the federal court in Austin, Texas; and
- A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Shoutz may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Shoutz’s sole discretion.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, SHOUTZ AND ITS CLIENTS, ADVERTISERS, AND OTHER PARTNERS AND THIRD PARTY PROVIDERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We will not be responsible or liable for any harm to your mobile device or computer, for any loss or corruption of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Shoutz or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites, mobile sites/applications or other resources (“Third Party Resources”). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Third Party Resources; or (ii) the content, products, or services on or available from such Third Party Resources. Links to such Third Party Resources do not imply any endorsement by us of such Third Party Resources or the content, products, or services available from such Third Party Resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOUTZ AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CLIENTS, ADVERTISERS, PARTNERS, THIRD PARTY AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; AND (iii) ANY CONTENT OBTAINED FROM THE SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SHOUTZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
Our failure in any one or in multiple instances to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. You agree and acknowledge that any and all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Travis County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).
Third Party Charges
If you play any of the Games, you may be required to allow communication via text message or mobile telephone call. In such instances, third party carrier charges may apply and you will be solely responsible for such charges, if any.