Terms and Conditions
- INTRODUCTION AND ACCEPTANCE
Welcome to Keepthesweep. Keepthesweep.com (“Website”) is provided as an interactive online service to our Members. This Website is owned and operated by WARNER SOLUTIONS, LLC (“we”, “us”, “our”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS AND CONDITIONS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. THESE TERMS AND CONDITIONS REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE SITE OR PURCHASE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.
Although you may “bookmark” a particular portion of this site and thereby bypass these Terms and Conditions, your use of this site still binds you to the terms. You agree that these Terms and Conditions are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same and the possibility of publication or publicity of your User Content (as defined in Section 7).
- COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by keepthesweep.com, is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of keepthesweep.com and is also protected by U.S. and international copyright laws. All other trademarks not owned by keepthesweep.com that appear on this site are the property of their respective owners.
- USE OF THIS SITE
This site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part any of the Contents, the site or any related software. All software used on this site is the property of keepthesweep.com or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only for information purposes, membership services, and purchasing products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Keepthesweep.com is a registered trademark of WARNER SOLUTIONS, LLC.
In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to keepthesweep.com. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity.
An annual non-refundable membership fee ($25) will be applied and processed through payment options provided for the user (“primary member”). Membership will expire 365 days after completing the registration process. A renewal process will be provided as an option. During the initial registration or anytime for the duration of membership, primary members may add sweepstakes of their choice to their account for a fee. This fee is refundable within fifteen (15) days of adding said sweepstakes to primary member’s account or before the sweepstakes official entry deadline, whichever comes first. No refunds will be granted after a sweepstakes has expired. In the event sweepstakes are canceled for any reason beyond our control, keepthesweep.com will refund fees for canceled sweepstakes. Some charges may apply. Primary members will also have the option to add one (1) individual (spouse/partner) to their account for an additional ($25) non-refundable fee. Added individual (spouse/partner) will qualify for the same benefits as the primary member should he/she win any of the sweepstakes listed on the primary member’s account. Primary members will have login access to update their membership information. For security reasons, changes to some personal data may not be allowed. Keepthesweep.com will only recognize and accept the member’s name and/or individual’s (spouse/partner) name on the account prior to any official sweepstakes drawing and not thereafter.
Keepthesweep.com does not enter its members in sweepstakes. Therefore, members must independently enter official sweepstakes for a chance to become a winner. Registering with keepthesweep.com does not solely constitute coverage of federal, state, or property taxes for members who win sweepstakes. Members must add the sweepstakes to their account before the official sweepstakes deadline to complete the process. Members must also add the name of spouse/partner to their account prior to the sweepstakes deadline in order for the spouse/partner to qualify for claims. If you have already entered any official sweepstakes before becoming a member of keepthesweep.com and the official sweepstakes have not expired, you are still covered under these Terms and Conditions as a member. However, any official sweepstakes whose official deadline has already passed prior to the contestant becoming a member of keepthesweep.com can not be added to the member’s account.
- SUBMITTING A CLAIM
We highly recommend consulting with a professional tax advisor before submitting a claim. Members or added individuals (spouse/partner) can not submit a claim unless sweepstakes are identified on their account prior to winning said sweepstakes. Claimants must maintain an active membership to file a claim or the claim becomes null and void.
Claim payouts are determined by the total collection of membership fees and other charges associated with a specific sweepstakes. You must be a primary member or added individual (spouse/partner) of keepthesweep.com and the winner of the same official sweepstakes posted on the primary member’s keepthesweep.com account in order to submit a claim. Name and address of winner of the official sweepstakes must match keepthesweep.com’s member profile. Claim forms may be downloaded from keepthesweep.com’s website or members may request by mail. Members or added individuals (spouse/partner) have sixty (60) days from the transfer date to submit claims. (Transfer date is when a prize is officially transferred to the winner and winner takes full responsibility of receiving such prize). The amount of federal income taxes paid out by keepthesweep.com on behalf of the primary member or added individual (spouse/partner) is not to exceed thirty-five percent (35%) of the Fair Market Value (FMV) of the grand prize. Members may also choose to have state income and/or property taxes covered by KeeptheSweep for an additional fee. These options must also be selected before the chosen sweepstakes official deadline. Payments are made to the appropriate agencies for the year which the prize was awarded. Any other miscellaneous taxes are not included and are the sole responsibility of the claimant as well as any other taxes that occur as a result of any claim payouts except when multi-year tax options are selected. Members will have the option to select 1, 3, or 5 years tax coverage for sweepstakes added to their account. KeeptheSweep will pay a maximum of 35% on any previous federal payout associated with a claim until the term expires. State income taxes will also be based on previous payouts made by KeeptheSweep until the term expires. Property taxes will be based on the Fair Market Value (FMV) of the prize until the term expires.
The claim payout relates only toward the official sweepstakes total grand prize value (FMV) and does not include any other federal income taxes or capital gain by the claimant prior to or after winning the prize nor does it relate to the combination thereof. A cashier check will be payable directly to the Internal Revenue Service and will be received by the end of the first month of the following tax year (January). Verification will be provided to the primary member or claimant. Any refunds awarded to the primary member or claimant by the Internal Revenue Service (IRS) will not be challenged by WARNER SOLUTIONS, LLC or its affiliates. Primary members or claimants will be required to sign an affidavit of eligibility, release of liability and publicity, including, but not limited to, the use of claimant’s name, hometown and photograph without additional compensation (where lawful). Claims may be mailed to the following address:
Attn: Claims Administrator
325 N. St. Paul Street, Suite 3100
Dallas, Texas 75201
- SELLING PRIZE OR ACCEPTING CASH OPTIONS
Selling a sweepstakes prize prior to submitting a claim to keepthesweep.com will not void your claim. The Terms and Conditions of a claim payout are based upon the Fair Market Value (FMV) of a sweepstakes grand prize. If a primary member or added individual (spouse/partner) of keepthesweep.com decides on a cash option offered by the Sponor/Sponors of an official sweepstakes, he/she may still be eligible for claim benefits. However, cash options are usually less than the Approximate Retail Value (ARV) or Fair Market Value (FMV) of the grand prize. In this case, keepthesweep.com will pay up to a maximum of thirty-five percent (35%) of the cash received for members accepting cash options after winning a sweepstakes grand prize. All other Terms and Conditions apply.
- USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to keepthesweep.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the “Comments”) shall be and remain keepthesweep.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to keepthesweep.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, keepthesweep.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. keepthesweep.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the keepthesweep.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted by you shall be and remain the exclusive property of keepthesweep.com. Your submission of any such Comments shall constitute an assignment to keepthesweep.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Keepthesweep.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, stories, computer code or original artwork.
- CONTENT OF WEBSITE & THIRD PARTY LINKS
We provide the Website including, without limitation the Website Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timelines, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage due to your reliance on any Website Content. Under many circumstances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timelines, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release keepthesweep.com and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate of control, in any aspect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any kind incurred as a result of your relations with any third-party or their websites.
You agree to defend, indemnify and hold keepthesweep.com and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (a) your access to or use of the Website; (b) User Content provided by you or through use of your Membership; (c) any actual or alleged violation or breach by you of these Terms and Conditions; (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms and Conditions. You agree that keepthesweep.com shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
If you become a registered user, you may terminate your Membership at any time by sending an email to email@example.com.
Any suspension or termination shall not affect your obligations to us under these Terms and Conditions. The provisions of these Terms and Conditions which by their nature should survive the suspension or termination of your Membership or these Terms and Conditions shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions described in Section 16.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL keepthesweep.com OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, PARTNERS, SUCCESSORS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF keepthesweep.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS AND CONDITIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF keepthesweep.com AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, PARTNERS, SUCCESSORS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY keepthesweep.com DURING THE PRECEDING TWELVE (12) MONTH PERIOD OF $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- LAW JURISDICTION AND VENUE
These Terms and Conditions shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any legal proceedings against keepthesweep.com that may arise out of, relate to, or be in any way connected with our Website or these Terms and Conditions shall be brought exclusively in the state and federal courts of Texas located in Dallas county and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- DISPUTE RESOLUTION – BINDING ARBITRATION
In the Dispute Resolution Section only, “we” and “us” are used to refer to you and keepthesweep.com together.
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms and Conditions. We will contact you based on the contact information you have provided us.
(B) We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms and Conditions and can award the same damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(i) “Disputes” are any claims or controversies against each other related in any way to the Website, Website Content or these Terms and Conditions – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims keepthesweep.com may bring against you.
(ii) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents and information, and the proposed resolution. keepthesweep.com will send notice to you based on the contact information you have provided keepthesweep.com and notice to keepthesweep.com must be sent to : WARNER SOLUTIONS, LLC, ATTN: Legal Department, 325 N. St. Paul Street, Suite 3100, Dallas, Texas 75201. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(iii) The FAA applies to the Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(iv) The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org.
(v) The arbitration will be conducted by a single neutral arbitrator and will take place in Dallas, Texas. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration.
(vi) We each agree not to involve any claims other than our own while we pursue arbitration. We each agree that any arbitration will be solely between us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the dispute must be brought in court.
(vii) The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.
(C) Either of us may bring qualifying claims in small claims court.
- NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- AMENDMENT – ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms and Conditions. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and Conditions. To the extent any Additional Terms conflict with these Terms and Conditions, the Additional Terms will control.
Modifications to these Terms and Conditions or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms and Conditions and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms and Conditions or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms and Conditions or to any Additional Terms, you may terminate your Membership as provided in Section 9 herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.
Any delay or failure on the part of us to exercise or enforce any rights under these Terms and Conditions to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
You may not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Keepthesweep.com may assign these Terms and Conditions or any rights hereunder without your consent and written notice.
Any U.S. tax advice contained in this electronic communication was not intended or written to be used, nor can be used, by any recipient of this communication for the purpose of avoiding penalties that might be imposed pursuant to the Internal Revenue Code or U.S. Treasury Regulations, or any other state or local law or regulation.
Content of this site is not intended to replace professional consultation.
Effective: February 07, 2023. © 2023 WARNER SOLUTIONS, LLC.