About ›

Terms of Use

About Raffstar

Help & Support

Terms Of Service

Raffstar, LLC ("Raffstar") is a Delaware corporation that: (i) offers users the opportunity to enter into sweepstakes wherein entry does not require the purchase of any product or service or the payment of any other money or consideration and no such payment, if made voluntarily, increases the chances of winning; (ii) offers advertising space on its website to third party entities and charitable organizations (“Raffstar’s Service”). These Terms of Service (this "Agreement") set forth certain terms and conditions of the legal contract between you ("User") and Raffstar with respect to User’s use of Raffstar’s Web Sites.

If User enters into any sweepstakes offered on or through the Raffstar Site(s), User agrees to be also bound by the following Raffstar Official Sweepstakes Rules pertaining to the specific sweepstakes.

The Standard Giveaway (see individual giveaway for Official Rules)
The Speed Giveaway (see individual giveaway for Official Rules)

1. TERM:

This Agreement shall remain in full force and effect while User uses the Raffstar Site(s) by entering into a Raffstar Sweepstakes or otherwise.

2. ELIGIBILITY:

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America. If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this Agreement. For additional Eligibility requirements to enter into a Raffstar Sweepstakes, please see the Raffstar Official Rules for the particular sweepstakes you wish to enter:

The Standard Giveaway (see individual giveaway for Official Rules)
The Speed Giveaway (see individual giveaway for Official Rules)

3. RULES FOR SWEEPSTAKES AND CONTEST:

Any sweepstakes and contests offered on the Raffstar Site(s) are governed by its own set of official rules. By entering or participating in such Promotions, you will become subject to those official rules. We urge you to read the applicable rules, which are linked from the particular Promotion and further accessible in Sections 2 herein. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the requirements of you in connection with the applicable Promotion. To the extent any sweepstakes rules conflict with this agreement, the sweepstakes rules will govern that particular sweepstakes.

4. USER CONDUCT:

User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to:

(a) violate any applicable law or regulation,

(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights,

(c) use the content (as used herein, "content" shall include, without limitation, audio, visual, audiovisual, text and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise) available through Raffstar's Service for any unauthorized purpose,

(d) interfere with or damage Raffstar's Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology,

(e) attempt to artificially obtain more than the stated number of entries in an individual giveaway by using multiple/different email addresses, identities, registrations and logins, or automated systems (bots, scripts, et al.),

(f) use Raffstar's Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information of others, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing,

(g) use Raffstar's Service in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements,

(h) "stalk" or harass any other user of Raffstar's Service,

(i) collect or store any information about any other user other than in the course of the permitted use of Raffstar's Service,

(j) use Raffstar's Service for any commercial purpose whatsoever (including, without limitation, to advertise, market, promote, sell or otherwise exploit any product or service),

(k) sell or otherwise transfer any User’s information or assist any third party in doing any of the foregoing.

User is solely responsible for User's interactions with other users of Raffstar's Service. Raffstar will not be responsible for any damage or harm resulting from User's interactions with other users of Raffstar's Service. Raffstar reserves the right, but shall have no obligation, to monitor interactions between User and other users of Raffstar's Service and take any action in good faith to restrict access to or the availability of any material that Raffstar or another user of Raffstar's Service may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

5. PRIVACY:

Raffstar may collect certain personal information from User that is not displayed on the Raffstar Site(s). For more information, please review Raffstar’s Privacy Policy concerning such personal information (the “Privacy Policy”).

6. OWNERSHIP:

User acknowledges and agrees that Raffstar is, and shall at all times remain, the sole and exclusive owner of all right, title and interest (including, without limitation, copyright), in and to the Raffstar Sites and Services, and that User's right to use the Raffstar Sites and Services, as set forth herein, shall not in any way transfer or convey any ownership rights or other proprietary interests therein to User.

7. LICENSE:

Raffstar hereby grants a worldwide, royalty-free, perpetual, non-exclusive, non-transferable license to you to use the Raffstar Sites in accordance with this agreement.

8. THIRD PARTY CONTENT:

The Raffstar Site(s) may contain content from third parties ("Third Party Content"), either via the Raffstar Service(s) or through links to third party web sites. Raffstar does not control Third Party Content and makes no representations or warranties about it. User understands that by using the Service, he/she may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will Raffstar be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the Raffstar Service. User agrees to evaluate, and bear all risks associated with, Third Party Content, including without limitation, third party entities and charitable organizations advertising on the site and other users.

9. PROPRIETARY RIGHTS:

User agrees that all content and materials available on the Raffstar Site(s) are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Raffstar, User agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Raffstar Site(s), or otherwise use any content, copyrights, trademarks or intellectual property of Raffstar in any way without Raffstar's prior, written consent. User also agree not to retrieve data or other content or any materials from the Raffstar Site(s) to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User agrees not to use any of Raffstar's content, names or trademarks as metatags on other web sites. User agrees not to display any of the Raffstar Site(s) in a frame (or any of our content via in-line links) without Raffstar's express written permission.

10. USERNAME AND PASSWORD:

User will select a username and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of his/her username and password, and will be solely and fully responsible for all activities that occur under using that username and password to access the Raffstar Site(s). User agrees to immediately notify Raffstar of any unauthorized use of User's username and password or any other breach of security. Raffstar cannot and will not be liable for any loss or damage arising from User's failure to comply with this section.

11. USER DISPUTES:

You are solely responsible for your interactions with other Raffstar Users. Raffstar reserves the right, but has no obligation, to monitor disputes between you and other Users.

12. INDEMNITY:

User agrees to defend, indemnify, reimburse and hold Raffstar and its parent, subsidiary and affiliated entities, and its and their Users, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:

User's use of the Raffstar Site(s);
any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and
User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party.

13. RAFFSTAR'S PERFORMANCE:

User acknowledges and agrees that the operation of the Raffstar Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Raffstar shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Raffstar service. The Raffstar Site(s) may be discontinued at any time, with or without reason and without any liability to User or to any third party for any modification or discontinuance of Service.

14. NO WARRANTY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAFFSTAR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE RAFFSTAR SITE(S), AND
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE RAFFSTAR SITE AND ANY SERVICES PROVIDED BY RAFFSTAR HEREUNDER. IN ADDITION, ALTHOUGH RAFFSTAR INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE RAFFSTAR SITE(S), AND WHETHER OR NOT RAFFSTAR IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, RAFFSTAR DOES NOT WARRANT THAT THE RAFFSTAR SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE RAFFSTAR SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

15. EXCLUSION OF DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL RAFFSTAR, ITS OFFICERS, DIRECTORS, USERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT RAFFSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE RAFFSTAR SITE(S) AND/OR THE SERVICES. IN NO EVENT SHALL RAFFSTAR'S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, OR THE SERVICES. THE PARTIES ACKNOWLEDGE AND AGREE THAT RAFFSTAR HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND RAFFSTAR, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

16. COPYRIGHT AND TRADEMARK NOTICES:

User acknowledges and agrees that Raffstar, the Raffstar logos and characters, and the layout and design of the Raffstar Site(s), among other marks that may appear on the Raffstar Site(s) are trademarks of Raffstar, LLC. (the "Raffstar Marks"). Other trademarks and service marks on the Raffstar Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. User may not use any of the Raffstar Marks without Raffstar's prior written permission, and User may not use any third-party marks without the third party's prior written permission.

17. GOVERNING LAW, JURISDICTION:

THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF MISSOURI WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN KANSAS CITY, MISSOURI, AND USER AND RAFFSTAR BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.

18. ASSIGNMENT:

Raffstar shall have the right to assign this Agreement in whole or in part to any person or business entity. User may not assign User's rights or delegate User's obligations under this Agreement without the prior written consent of Raffstar.

19. NOTICES:

All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Raffstar, LLC, which is located at 1002A S. Mingo Road, Suite 256, Tulsa, Oklahoma 74133. Communications shall be deemed received: (1) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; and (2) for Communications sent by personal delivery, on the date of personal delivery. No other form of notice shall be accepted under this Agreement.

20. ENTIRE AGREEMENT:

This Agreement, together with the Privacy Policy and, the rules of the sweepstakes offered on the Raffstar Site(s) (including, the Official Rules for the Standard Giveaway, the Official Rules for the Speed Giveaway, and the Official Rules for the Mini Giveaway) sets forth the entire understanding and agreement of User and Raffstar as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Raffstar's failure to act with respect to a breach by you or others does not waive Raffstar's right to act with respect to antecedent, subsequent or similar breaches.

21. 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 use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. MODIFICATION:

Raffstar reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, Raffstar will post the changes on the Raffstar Site(s) and/or notify User via email. Also, Raffstar may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use the Raffstar Site(s) and Services after such notice and consent, User agrees to be bound by the changes to this Agreement