WinaDateOnUs

WinaDateOnUs TERMS AND CONDITIONS

ACCEPTANCE OF TERMS

WinaDateOnUs (“WDOS”) provides its services to you subject to the following Terms and Conditions ("T&C"), which may be updated from time to time without notice to you. Additionally, when using particular WDOS owned or operated services, you and WDOS shall be subject to any posted guidelines or rules applicable to such services, which may be posted periodically. By accessing and using WDOS’s website (the “Website”) in any way, including without limitation to browsing this Website, you agree to and are bound by the T&C described herein. If you do not agree to all of the terms of service contained herein, please do not access or use this Website in any manner. All such guidelines or rules (including, but not limited to our Privacy Policy and Official Rules) are hereby incorporated by reference into the T&C.
PRIVACY

Please review our Privacy Policy, which also governs your visit to this Website, to understand our practices relating to the collection and use of personal information.
ELIGIBILITY FOR PARTICIPATION

A. To be eligible to participate in the Program, you must be at least 18 years of age at the time of registration and reside in the United States. Employees of WDOS or any of its affiliates and persons related to or residing in the same household of such employees are not eligible to participate in this promotion. Corporations or other business entities are not eligible to participate. Limit one account per person may be eligible to participate in the Program or receive a Gift.

B. To be eligible to receive a Gift, you must: (i) establish and maintain an account on the Website registered to a valid, unique e-mail address belonging only to the individual identified in the registration information; (ii) provide valid and truthful information as requested by the WDOS or a participating Sponsor, including your full legal name, postal address of your principal residence, land line or mobile telephone number and valid email address; (iii) agree to receive solicitations, marketing materials and other communications from us and Sponsors via e-mail, telemarketing, direct marketing, mobile marketing and any other method; (iv) have cookies enabled; (v) provide the address of your principal residence as a shipping address; and (vi) comply with each of the provisions of these T&C.

C. In order to be eligible to receive a Gift, you must also: (i) be sure to complete all information accurately; (ii) complete consumer survey(s) and review partner offers; (iii) actually go out on a the date (first date, second date, even married couples going on a date are acceptable); (iv) submit a photograph of you and your date, along with a written testimonial of what you did on the date; (v) consent that WDOS will have full ownership of any and all intellectual property associated with any photos and/or testimonials submitted. As such, you must also represent to WDOS that you have the authority to submit the image(s) and that all parties in the photograph consent to their image and likeness being used on the Website; (vi) submit a statement which indemnifies WDOS from any liability which may arise from its use of the imagine and likeness of all persons in the photograph(s) submitted (submitted photographs will not be returned); (vii) submit to WDOS a copy of the bill from the date; (viii) submit to WDOS a copy of the promotion certificate used from XYS’s restaurant partner (currently restaurant.com); and (ix) user may submit as many entries as they wish, but only one submission will be accepted for each calendar month.
REWARD TERMS

A. Submissions must have all requested information properly filled out. You must provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update it to ensure it is accurate. Do not enter a P.O. Box for your mailing address. WDOS will not ship any promotional item to a P.O. Box. You also may be offered the opportunity to answer a series of survey questions about your interests and/or be requested to provide more information from our marketing partners.

B. Submissions must be mailed at the beginning of each calendar month, after the calendar month in which the date occurred. For example, if you went on the date on January 1st, the earliest you could present your submission is February 1st.

C. All submissions must include a self addressed and stamped envelope.

D. The first successfully submitted entry received by WDOS, which meets all the requirements, will receive a Gift prize in the amount shown on the receipt, up to One Hundred and Fifty Dollars ($150).

E. The following 10 successfully submitted entry received by WDOS, which meets all the requirements, will receive a Gift prize in the amount shown on the receipt, up to Fifty Dollars ($50).

F. It is in WDOS’s sole discretion to determine which submissions have been successfully submitted and which submissions do not meet all the requirements.
USER SUBMISSIONS AND CONDUCT

You understand that all information, data, text, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, collectively referred to as "User Submissions", are the sole responsibility of the person from whom such Content originated. This means that you, and not WDOS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Website. WDOS does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WDOS be liable in any way for any Content, 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 any Content posted, emailed, mailed, transmitted or otherwise made available via the Website. WDOS does not control the user or third party Content posted via the Website, and as such, does not guarantee the accuracy, integrity or quality of such user or third party Content.

You further agree that you will not submit material on the Website or via mail that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WDOS all of the license rights granted herein.
LICENSE TO USER CONTENT

With respect to any Content submitted by or in connection with the Services provided by the Website, you grant WDOS a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular services and promotions of the Website and to publish and promote such Content elsewhere within the Website. Such license shall apply with respect to any form, media, or technology now known or later developed.
ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WDOS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF WDOS’S WEBESITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WDOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WDOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WDOS. WDOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WDOS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WDOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY

IN NO EVENT SHALL WDOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WDOS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WDOS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE WEBSITE IS CONTROLLED AND OFFERED BY WDOS FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. WDOS MAKES NO REPRESENTATIONS THAT THE WDOS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WDOS WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
INDEMNITY

You agree to defend, indemnify and hold harmless WDOS, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and/or its Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
GENERAL INFORMATION

Entire Agreement: The T&C constitutes the entire agreement between you and WDOS and governs your use of the Service, superseding any prior agreements between you and WDOS with respect to the Service.

Choice of Law and Forum: WDOS is hosted in New York State in the United States of America and is subject to New York State and U.S. federal law. The Website shall be deemed a passive website that does not give rise to personal jurisdiction over WDOS, either specific or general, in jurisdictions other than New York. These T&C shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and WDOS that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.
If you are accessing the Website from other jurisdictions, please be advised that you are transferring your personal information to us in New York State, and by using the Website you consent to that transfer and to abide by the laws of New York State and applicable U.S. federal law concerning your use of the Website and your agreements with us. Please be advised, in addition, that your use of the Website is subject to New York State and U.S. federal law. Any persons accessing the Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of New York State and U.S. federal law may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.

Waiver and Severability of Terms: The failure of WDOS to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

No Right of Survivorship and Non-Transferability: You agree that your WDOS account is non-transferable and any rights to your WDOS ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the WDOS website must commence within one (1) year after such claim or cause of action arose. Otherwise, such cause of actions is permanently and forever barred.

The section titles in the T&C are for convenience only and have no legal or contractual effect.
VIOLATIONS

Please report any violations of the T&C to support@winadateonus.com

WDOS Violations
244 Madison Ave Box 341
New York. NY 10016

Last updated November 12, 2009.