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Terms of Service

 

These Terms of Service, Privacy Policy, Sweepstakes Rules, and all policies posted on our sites set out the terms on which WishMeThis.com offers you access to and use of our site (collectively referred to as TOS). All policies are incorporated into these TOS. You agree to comply with all the above when accessing and using our site.

 

The entity you are contracting with is Wright Professional Services, Inc., PO Box 270824, Littleton, CO 80127. These TOS are effective upon acceptance for users who accept it through registration or use of this site without registration. Please be advised that these TOS contain provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

Sweepstakes Rules for WishMeThis.com

Official Rules

WishMeThis.com (The Sweepstakes) is a social game that is free to the public.  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.  Valid anywhere in the world where this activity is legal.  Please refer to your local regulations and laws.  

Eligibility

You must be 18 years or older to use this site.  Employees of Wright Professional Services, Inc and their immediate family members and household members are not eligible to enter.  All monetary figures used on this site are in US Dollars.  The Sweepstakes is subject to federal, state, and local laws and regulations. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.

Sponsor

This sweepstakes is sponsored by Wright Professional Services, Inc., PO Box 270824, Littleton, CO  80127.  Donations made through WishMeThis.com become the property of Wright Professional Services, Inc., and will be used to provide services through WishMeThis.com.

Agreement to Official Rules

Participation in the Sweepstakes constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and Terms of Service and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and Terms of Service and fulfilling all other requirements set forth herein.

Sweepstakes Period

This contest begins October 1, 2013 and continues until Wright Professional Services, Inc. ceases sponsorship of the site.

How To Enter

Participants must register on WishMeThis.com as a user and post a wish to enter.  Wishes must meet criteria posted in the FAQ section of this web-site.  Wish Submissions may be mailed to WPSI, PO Box 270824, Littleton, CO  80127.  One entrant per household.  Participant may remove their entry and enter again.  If participant wins and a wish is granted, your household may enter again after 2 months.  Please see our FAQ section on the web-site for additional rules and conditions.

Prize Drawing

On or about the 1st day of each month, one or more winners will be chosen based on the criteria set for the prior month.  See our home page and FAQ section for details on how ranking works and how many winners will be chosen each month.

Notification of Winners

Winners will be notified by the e-mail and will have 60 days to respond to claim their prize.  Please see the FAQ section of this site for more details.  Winners and prizes are determined by the rules posted on this site.

Prizes

Prizes are defined monthly on the home page of this site.  When prizes are redeemed, they must be in such a form that includes free shipping.  Please see the home page for more details.

Right to Cancel or Disqualify

If for any reason WishMeThis.com is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the site, we reserve the right at our sole discretion to cancel, terminate, modify or suspend the operations of the site. We further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the WishMeThis.com site. Any attempt by an Entrant to deliberately damage any web site, including any WishMeThis.com property, or undermine the legitimate operation of the site is a violation of criminal and civil laws and should such an attempt be made, we reserve the right to seek damages from any such Entrant to the fullest extent of the applicable law. 

Publicity

By submitting a wish, Entrants agree to participate in any media or promotional activity resulting from the operations of the site as reasonably requested by WishMeThis.com at our expense and agree and consent to use of their name and/or likeness by WishMeThis.com. WishMeThis.com will contact Entrants in advance of any media request for interviews.

Winners List

To request the name of the winner send a self-addressed, stamped envelope to Wright Professional Services, Inc., PO Box 270824, Littleton CO 80127.

Additional Conditions and Rules may be posted on WishMeThis.com from from time to time in the news section.  Rules and conditions may be clarified by FAQ articles on WishMeThis.com.  Please reference these sections of the web-site for changes in terms and conditions.  All FAQ and News articles and contents of the home page published on WishMeThis.com are incorporated in these TOS.        

 

While using or accessing WishMeThis.com you will not:

 

Post content, items, or links which are inappropriate or may be offensive to others.

 

Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status.

 

Use our site if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our site.

 

Fail to respond to communications with the site administrator within 7 days should they try to reach you by phone, mail, or e-mail.

 

Post false, inaccurate, misleading, defamatory, or libelous content.

 

Take any action that may undermine the feedback, voting, or ratings systems.

 

Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.

 

Distribute viruses or any other technologies that may harm WishMeThis.com, or the interests or property of site users.

 

Use any robot, spider, scraper or other automated means to access our site for any purpose.

 

Bypass our robot exclusion headers, interfere with the working of our site, or impose an unreasonable or disproportionately large load on our site.

 

Copy, modify, or distribute rights or content from our site including copyrights and trademarks.

 

Harvest or otherwise collect information about users, including email addresses, without their consent.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services.

 

Abuse

 

Without limiting other remedies, we may, limit, suspend, or terminate your posts or user accounts, restrict or prohibit access to, and your activities on our site, delay or remove content, remove any special status associated with an account or content, and take technical and legal steps to keep you from using our site if:

 

We think that you are creating problems or possible legal liabilities.

 

We think that such restrictions will improve the security of the site or reduce our exposure to financial liabilities.

 

We think that you are infringing the rights of third parties.

 

We think that you are acting inconsistently with the letter or spirit of these TOS or our policies.

 

Despite our reasonable efforts, we are unable to verify or authenticate any information you provide to us.

 

You fail to respond to correspondence from us within 7 days by e-mail, postal mail, or phone.

 

Fees

 

There are currently no fees associated with use of WishMeThis.com. It is free to post Wishes and free to vote on Wishes.

 

Posting Conditions

 

When posting content to our site, you agree to comply with the following rules:

 

You are responsible for the accuracy and content of the post.

 

Your posting may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). WishMeThis.com can't guarantee exact posting durations.

 

When posting Wishes, you may only have one active Wish post at a time. If you submit more than one post, posts subsequent to the first post will not be published on the site. If you would like to remove your first post, please contact us by e-mail.

 

When voting on the site, you may only vote once per posted item per day. If you attempt to vote more than once per item per day or use practices that result in more than one vote per item per day, your access to the site may be terminated.

 

All posts must be respectful and appropriate to potential site visitors of all ages. WishMeThis.com reserves the right to remove any post it deems inappropriate for any reason and at any time.

 

Location and Language

 

All site content will be listed in English. WishMeThis.com is located in the state of Colorado in the United States. International users may use WishMeThis.com, but all posts and content must be in English. We do not have the staff to review content in other languages. Posts made in other languages will not be published to the site.

 

Content

 

When providing us with content or posting content using our site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

 

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the site, and our use of such content (including of works derived from it) in connection with the site.

 

We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including site users). You may use catalog content solely in connection with your postings.

 

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Contact us by e-mail should you believe your copyright is being infringed on our site.

 

Authorization to Contact You

 

You agree to receive calls, including autodialed and/or pre-recorded message calls, from WishMeThis.com at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

 

To contact you for reasons relating to your account or your use of our site (such as to confirm information, resolve a dispute, or to otherwise enforce our TOS) or as authorized by applicable law.

 

To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future.

 

We may share your telephone numbers with our service providers (such as shipping companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOS, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

 

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the WishMeThis.com corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy.

 

Disclaimer of Warranties; Limitation of Liability

 

We try to keep our site safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our site. Activity on the site may not occur in real time. Such functionality is subject to delays beyond our control.

 

You agree that you are making use of our site at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold WishMeThis.com and it’s agents and owners responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from use of the site.

 

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold WishMeThis.com responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use or inability to use our site.

 

Release

 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Indemnity

 

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these TOS, your improper use of WishMeThis.com’s site or your breach of any law or the rights of a third party.

 

Legal Disputes

 

You and WishMeThis.com agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these TOS your use of or access to our site will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

 

A. Applicable Law

 

You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these TOS and any claim or dispute that has arisen or may arise between you and WishMeThis.com, except as otherwise stated in these TOS.

 

B. Agreement to Arbitrate

 

You and WishMeThis.com each agree that any and all disputes or claims that have arisen or may arise between you and WishMeThis.com relating in any way to or arising out of this or previous versions of these TOS, your use of or access to our site shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND WISHMETHIS.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WISHMETHIS.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WISHMETHIS.COM USERS.

 

Arbitration Procedures

 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these TOS as a court would.

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these TOS including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or TOS is void or voidable.

 

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: WPSI, PO Box 270824, Littleton, CO 80127.

 

The arbitration shall be held in Jefferson County, Colorado or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or WishMeThis.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and WishMeThis.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or WishMeThis.com, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different WishMeThis.com users, but is bound by rulings in prior arbitrations involving the same WishMeThis.com user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Costs of Arbitration

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, the person bringing the claim will pay all filing, administration, and arbitrator fees associated with the arbitration.

 

Severability

 

With the exception of any of the provisions in earlier sections of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the first section of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

 

Opt-Out Procedure

 

You may not opt-out of these TOS. If you do not agree with anything in this TOS, do not use the site.

 

Future Changes to the Agreement to Arbitrate

 

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against WishMeThis.com prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and WishMeThis.com. We reserve the right to change any terms in these TOS at any time. If you do not agree to these amended terms, you may close your account and cease using the site within 30 days and you will not be bound by the new terms.

 

Moreover, if we seek to terminate the Agreement to Arbitrate as included in these TOS, any such termination shall not be effective until 30 days after the version of these TOS not containing the Agreement to Arbitrate is posted to our site, and shall not be effective as to any claim that was filed in a legal proceeding against WishMeThis.com prior to the effective date of termination.

 

Judicial Forum for Legal Disputes

 

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and WishMeThis.com must be resolved exclusively by a state or federal court located in Jefferson County, Colorado. You and WishMeThis.com agree to submit to the personal jurisdiction of the courts located within Jefferson County, Colorado for the purpose of litigating all such claims or disputes.

 

General

 

WishMeThis.com may be contact by mail at WPSI, PO Box 270824, Littleton, CO 80127 or contacted by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

If any provision of these TOS are held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these TOS, by providing notice of such assignment in accordance with the Notices Section.

 

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these TOS.

 

We may amend these TOS at any time by posting the amended terms on WishMeThis.com.  Our right to amend these TOS includes the right to modify, add to, or remove terms in these TOS. Except as stated otherwise in these TOS or elsewhere, all amended terms shall automatically be effective immediately after they are initially posted. Continued use of the site after a change in these TOS acknowledges your acceptance of these TOS. These TOS may not otherwise be amended except through mutual agreement by you and a WishMeThis.com representative who intends to amend these TOS and is duly authorized to agree to such an amendment.

 

The policies posted on our site may be changed from time to time. Changes take effect when we post them on the WishMeThis.com site.

 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOS.

 

These TOS, the Privacy Policy, and all polices set forth the entire understanding and agreement between you and WishMeThis.com and supersede all prior understandings and agreements of the parties.

 

The following Sections survive any termination of these TOS, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

 

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

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