CHOMPS PACK THE GOOD TIMES SWEEPSTAKES OFFICIAL RULES
(“Official Rules”)
a. No purchase or payment is necessary and a purchase or payment does not increase or improve chances of winning. During the Entry Period, an entrant may enter the Sweepstakes by completing an entry form on the Sweepstakes Site with all of the following information (collectively, an “Entry”): The entrant’s full name, email, birth date, and the state and zip code of the entrant’s primary residence.
b. Entry must be made by the entrant on the Sweepstakes Site. Entries made by any other individual or any entity, and/or originating at any other Internet web site or email address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of artificial intelligence or any other device to automate the entry process is prohibited.
c. There is a limit of one (1) Entry per person during the Entry Period. Entrants are prohibited from using more than one (1) email or multiple identities to enter the Sweepstakes more than once. If it is found or suspected that an entrant is using more than one email or multiple identities to participate in the Sweepstakes, then that entrant, in Sponsor’s sole and absolute discretion, may be disqualified.
d. In the event of a dispute as to an entrant’s Entry, the natural person who is the authorized account holder of the email account will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. The “authorized account holder” is the natural person assigned to the email account. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
e. All Entries become the sole and exclusive property of Sponsor and will not be returned. Receipt of Entries may not be acknowledged, and proof of submission will not be deemed to be proof of receipt by Sponsor or Administrator. Neither Sponsor nor Administrator is responsible for, and shall not be liable for late, lost, misdirected, unsuccessful, damaged, postage-due, stolen, or illegible Entries for any reason. Entries that are mutilated, tampered with, illegible, invalid, or incomplete are not eligible and will not be accepted.
f. Each Entry (including the entry form and all other writings, data, information, content, and other materials included in the Entry) must comply with the following:
g. By entering the Sweepstakes, each entrant represents and warrants to the Sponsor that:
i. The entrant’s Entry meets all of the requirements in this Section 4;
ii. The entrant meets all the eligibility requirements for the Sweepstakes; and
iii. The entrant has complied with these Official Rules and all applicable laws in entering and participating in the Sweepstakes.
a. Subject to the terms and conditions of these Official Rules, one (1) winner (the “Winner”) will receive a prize consisting of the following:
i. four (4) prepaid Steamboat® gift cards with a value of $500 USD each;
ii. six (6) ski lift tickets to any Alterra Mountain Company ski resort, including Steamboat Ski Resort, for the 2025 – 2026 winter season (each ticket has an estimated retail value of $250 USD). The full list of ski resorts for which the tickets can be used can be found here: https://www.alterramtn.co/en/destinations. Ski lift tickets may be subject to availability. Start and end dates of the 2025 – 2026 winter season are dependent on weather and may vary by resort;
iii. one (1) prepaid AMEX gift card with a value of $250 USD; and
iv. two (2) Chomps 24-pack Meat Sticks in the Winner’s choice of flavor subject to availability (estimated retail value of $100 USD).
The approximate retail value of all prizes is three thousand eight hundred fifty dollars ($3,850 USD), but the actual value depends on the actual cost of the ski lift tickets, which may vary based on dates. The Winner must select the dates and locations for the ski lift tickets by March 1st, 2026. If any portion of the prize is not available, whether due to the COVID-19 pandemic or any other pandemic, weather, natural disaster, governmental order, strike, protests, terrorism, war, or any other reason beyond the control of Sponsor, the Winner will receive no compensation.
b. The prize is non-refundable, and no substitutions will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize with a prize of equal or greater value in its sole discretion. Any difference between the actual value of any prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. The Winner is solely responsible for all other expenses not specifically identified above, including but not limited to transportation costs, meal expenses, cost of ski equipment, cost of identification needed for travel, tips, souvenirs and other incidentals and other personal expenses incurred during the trip. The Winner is responsible for obtaining travel insurance (and all other forms of insurance) at his/her option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Promotion Entities are not responsible for the acts or omissions of any ski resorts, third party retailers, common carriers, travel providers, event organizers, or other third parties or for any travel disruptions, however caused.
c. Gift cards may only be used at participating businesses. Each entrant’s acceptance and use of any gift card prize is subject to all eligibility criteria, expiration dates, service or dormancy fees, use restrictions, and all other terms and conditions (if any) imposed by the issuer or provider of any such gift card. Neither Sponsor nor any of its respective parents, subsidiaries, or affiliates, is responsible for disclosing or explaining to the entrants any of terms and conditions associated with the use of any gift card, or for the Winner’s failure to comply with such terms and conditions. If the Winner does not comply with all of those terms and conditions, or if the Winner does not have access to a participating location, the Winner may not be able to obtain the maximum value, or any value, from the gift card.
a. The Winner will be selected from among all eligible entries in a random drawing on or about January 26, 2026 and will be notified via email within 1 day(s) of this date (a “Prize Notification”).
b. THE ODDS OF WINNING A PRIZE ARE DETERMINED BY THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. ALL PRIZES ARE AWARDED "AS IS". THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO SAFETY, SECURITY, QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. If by reason of a printing, typographical, administrative, or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
c. The potential Winner will have two (2) days to respond in writing to the Prize Notification once it has been sent to the potential Winner, including providing any requisite information to accept their prizes. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. The Winner may be required to execute and return a notarized Affidavit of Eligibility/ Release of Liability provided by Sponsor within 30 days of notification. Sponsor shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. In order to claim a prize, the potential Winner may be required to verify for Sponsor his or her permanent address and social security or taxpayer identification number, for purposes of compliance with tax regulations. An IRS Form 1099 may be issued by Sponsor in the name of the Winner for the value of the prizes received.
d. Failure to respond to Prize Notifications, return all required forms within 30 days, or comply with any other provision of these Official Rules may result in the Winner being disqualified and an alternate Winner may be selected. If a Prize Notification or a prize is returned as undeliverable for any reason, an alternate Winner may be selected by random draw from all remaining eligible entries at the Sponsor’s discretion. Sponsor may successively attempt to contact up to five (5) potential Winners in accordance with such procedure, and if there is still no confirmed Winner of a prize after such attempts have been made, Sponsor may announce an alternate means for awarding that prize. All expenses incurred in association with acceptance or use of any prize or prize component that are not specifically provided for herein are solely the responsibility of the applicable Winner. Prizes are not transferable, assignable, or redeemable for cash. All of Sponsor’s decisions are final. The value of the prizes may be taxable to the Winner as income. The Winner shall be solely responsible for all federal, state, provincial, territorial and/or local taxes (including income, VAT, customs duties, and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize.
a. Release. By entering the Sweepstakes, each entrant agrees to hold harmless, release, and waive any and all claims against the Promotion Entities for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) that may occur, directly or indirectly, in whole or in part, from: (i) acceptance, receipt, use, or misuse of any prize or parts thereof; (ii) participation in this Sweepstakes; (iii) any breach or other violation by such entrant of these Official Rules, the Policies, or applicable laws; or (iv) any use of an entrant’s personal information and entries as permitted under these Official Rules.
b. Termination or Cancellation. If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted on at the Sweepstakes Site.
c. Remedies. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of this Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
d. Limitation of Responsibilities for the Promotion Entities. The Promotion Entities and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to entrant's or any other person's computer relating to or resulting from participation in the Sweepstakes; inability to access the Sweepstakes Site; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Sweepstakes Site) or for any other reason whatsoever; printing or other errors; or any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
e. Governing Law. All disputes concerning the Sweepstakes, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and any Promotion Entity in connection with these Official Rules or the Sweepstakes (“Dispute”) shall be governed by, and construed in accordance with, the laws of the State of Florida and applicable United States federal law, without giving effect to any choice of law or conflict of law principles, and the Federal Arbitration Act (“FAA”), as provided in this Section 7.
f. Binding Individual Arbitration. In the event that there is a Dispute, such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that Sponsor is not precluded from seeking remedies for excluded claims (as described below) and no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. “Dispute” will be given the broadest possible meaning permitted by law. It includes any dispute or claim that: (i) arose before the existence of these Official Rules; (ii) is currently the subject of a purported class action litigation in which the entrant is not a member of a certified class; and (iii) may arise after the termination of these Sweepstakes. Dispute, however, does not include any of the excluded claims described below. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of these Official Rules, including this agreement to arbitrate.
g. Mandatory Informal Dispute Resolution Process.
i. In the event of Dispute, each entrant and Sponsor agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of the following information: (1) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (2) sufficient information to enable the other party to identify any Entry at issue; and (3) a detailed description of (x) the Dispute, (y) the nature and basis of the claims, and (z) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).
i. If any entrant has a Dispute with Sponsor, such entrant must send this notice, including all of the information referenced above, by email to: team@chomps.com; or by mail to: We Are The Chompians, LLC, PO Box 851763, Minneapolis, MN 55485-1763. If Sponsor has a Dispute with any entrant, Sponsor will send this notice, including all of the information referenced above, to such entrant at the most recent contact information Sponsor has on file for such entrant (including as provided in connection with your Entry) or, if Sponsor does not have a mailing address on file, each entrant authorizes Sponsor to text the entrant at the phone number or email entrant at the email address Sponsor may have available to seek such entrant’s mailing address.
ii. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), each of Sponsor and the entrant involved in the Dispute (and counsel, if either party is represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, the entrant and a Sponsor representative will personally attend (with counsel, if either party is represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.
iii. If the Dispute is not resolved within 60 days after receipt of a completed notice (which period can be extended by agreement of the parties), either party may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to either party commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process arbitrator. Either party may commence arbitration only if the Dispute is not resolved through compliance with this Process.
h. Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), as a court would, subject to this Section 16. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
i. Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply to any arbitration conducted or commenced under these Official Rules:
i. Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the procedures in this Section 7. New Era ADR's Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/ (collectively, the “Rules”). Please review these Rules carefully because they may impact how a complaint is handled, and these procedures differ from those that would otherwise apply if an entrant elected to pursue a claim individually in small claims court.
ii. When an entrant initiates arbitration, the only fee such entrant is required to pay is New Era's consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by Sponsor (unless the arbitrator finds that either the substance of the entrant’s claim or the relief sought is frivolous or brought for an improper purpose). The entrant is responsible for fees and expenses owed to his/her legal counsel, if any, unless the arbitrator determines that an award of attorney's fees is warranted under applicable Law.
iii. New Era ADR's Rules include unique procedures for “Mass Arbitrations,” which are situations in which 5 or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass Arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those Mass Arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. Each entrant understands and agrees that these procedures for Mass Arbitrations will apply and that they are designed to (x) lead to the streamlined and cost-effective resolution of claims; (y) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (z) preserve the integrity of the arbitration process. Each entrant also understands and agrees that by choosing to bring a Dispute as a part of a Mass Arbitration that the resolution of such Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR's resources.
iv. If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
v. The arbitrator shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.
vi. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state set forth above and the FAA.
vii. By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (x) the dispute resolution provisions of this Agreement, including the Process; and (y) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
viii. The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys' fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
ix. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator's written decision may address some or all of the cases jointly. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in Section 16 of the FAA.
x. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
j. No class actions or juries. BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT UNDERSTANDS AND AGREES THAT ENTRANT AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE OFFICIAL RULES SHALL BE SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE SET FORTH ABOVE AND THE FAA. The parties agree to arbitrate solely on an individual basis, and these Official Rules do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
Dojo Mojo Terms of Use
Effective Date: January 5, 2026
Welcome to DojoMojo! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, including without limitations our partnership marketing, media transactions, content generation, direct marketing, and audience engagement tools and services, as offered through our website at www.dojomojo.com (the “Website” or the “Services”). If you have any questions, comments or concerns regarding these Terms of Service or the Services, please contact us at hello@dojomojo.com
These Terms of Service (the “Terms”) are a binding contract between you and between you and Strive Central LLC d/b/a DojoMojo, and its Affiliated Entities (as defined below), including without limitation current parents, subsidiaries, owners, principals, affiliates, successors, and assigns (collectively 'DojoMojo', 'Company', 'we', 'our', and 'us'). 'Affiliated Entities' means any entity owned, controlled, or majority-influenced by Strive Central LLC or its principals. For clarity, former affiliates (e.g., Innovation Brands, Inc.) have access to registration accounts and sweepstakes entrant data, but are not parties to or bound by these Terms. . BY USING THE SERVICES, CLICKING ON THE “I ACCEPT” OR “GET STARTED” BUTTON OR OTHER MECHANISM PROVIDED, COMPLETING YOUR ACCOUNT REGISTRATION, ENTERING INTO ANY AGREEMENT WITH US THAT INCORPORATES THESE TERMS BY REFERENCE, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE INDIVIDUAL NAMED AS THE USER AT THE TIME OF REGISTRATION, OR IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ORGANIZATION (“YOUR ORGANIZATION”), YOU HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THE TERMS (AND, IN WHICH CASE, THE TERMS “YOU” AND “YOUR” OR “CUSTOMER” WILL REFER TO YOUR ORGANIZATION). YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS (INCLUDING ALL SUPPLEMENTAL TERMS) IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
IF YOU SUBSCRIBE TO ANY SUBSCRIPTION SERVICES (DEFINED BELOW) FOR A TERM (THE “INITIAL PAYMENT TERM”), THEN YOU WILL BE CHARGED FOR FEES IN CONNECTION WITH SUCH SUBSCRIPTION SERVICES, WHICH SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT OUR THEN-CURRENT FEE FOR SUCH SUBSCRIPTION SERVICES UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL PRIOR TO THE EFFECTIVE DATE THEREOF, AS FURTHER DESCRIBED IN SECTION D(4).
NOTICE OF ARBITRATION. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND DOJOMOJO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use our Services. By visiting our Website, [creating a User Account, and/or using the Services provided by our Website, you agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, as further stated below. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
These Terms include the provisions in this document, as well as those in the Privacy Policy, Copyright Dispute Policy, any Data Service Agreement entered into between you and DojoMojo (“Service Agreement”), and any other terms or policies that may be made available by us from time to time (collectively “Supplemental Terms”), which such Supplemental Terms are incorporated herein by reference. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable service, unless otherwise stated in the Supplemental Terms.
A. Modification to these Terms
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will notify you, such as by placing a notice on the www.dojomojo.com website, sending you an email to the email address you used to register on the Services, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
B. Privacy
Our Privacy Policy describes how we collect and use any personal information provided by you to us. For the current Privacy Policy, please click here
Data Processing Consent. By using the Services, you consent to the collection, processing, use, and sharing of your data (including End User Information) as described in these Terms and our Privacy Policy, in accordance with applicable laws (e.g., CCPA opt-out rights available via the Privacy Policy; GDPR compliance for EU users). International transfers may occur; see Privacy Policy for details on safeguards.
C. Eligibility
The Website and Services are open to Persons (defined below) and individuals who are age eighteen (18) or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
In order to use the Services, you may be required to sign up for a user account on the Services (“Account”), and select a password and username. You promise to provide us with true, complete, and up to date contact and registration information about yourself, and to update such information as needed to ensure that it stays true, accurate, and complete. You may not select as your username a name that you don’t have the right to use, or another Person’s name with the intent to impersonate that Person. You may not transfer your Account to anyone else without our prior written permission. You are solely responsible for keeping your Account username and password confidential and for protecting the security thereof. You will not share your Account username or password with anyone, unless it is an authorized employee within your organization. You’re responsible for any activity associated with your Account, whether or not authorized by you. A “Person” means any individual, corporation, limited liability company, partnership, joint venture, association, trust, unincorporated organization, governmental authority, or other entity of any kind, whether acting in an individual, fiduciary, or other capacity.
You’ll immediately notify us of any unauthorized use of your Account(s). We are not responsible for any losses due to stolen or hacked passwords. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You acknowledge that we do not have access to your current password, and may only reset your password at your request.
If you use the Services to connect your Account to a third-party account, such as an account with a payment processor, e-commerce platform, social media network, or other vendor or third-party service provider (each such account, a “Third-Party Account”), you understand that DojoMojo may access, make available and store (if applicable) any information, data, other materials that you have provided to and stored in your Third-Party Account, including, but not limited to, your name and email address as well as information about your End Users (defined below), including End Users’ name, email address, purchase history, transaction value, product details, engagement history, and shipping details (“Third-Party Account Content”). Unless otherwise specified in these Terms, all Third-Party Account Content shall be considered to be Your Content (as defined below) for all purposes of these Terms and, for the avoidance of doubt, you represent and warrant that you have all rights necessary to provide Third-Party Account Content to us as further described in Section E. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or other sensitive information that you post to, use with, or make available through your Third-Party Accounts may be available to us. Please note that if a Third-Party Account or associated service becomes unavailable or DojoMojo’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content may no longer be available on and through the Services. You may have the ability to disable the connection between us and your Third-Party Accounts at any time by adjusting your account settings on the applicable Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DOJOMOJO DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. DojoMojo makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and DojoMojo is not responsible for any Third-Party Account Content.
You represent and warrant that you will use the Services only in accordance with these Terms and in a manner that complies with any and all federal, state or local laws and regulations that apply to you, including laws that apply to Your Content. If your use of the Services or any portion thereof is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in any way that violates the law.
Your use of the Services is subject to the following additional terms:
You represent, warrant, and agree that you will not contribute to or make available through the Services any Content, or otherwise use the Services or interact with the Services in a manner, that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including ours);
Violates any law or regulation, including any applicable data protection and export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Account or anyone else’s (such as allowing an unauthorized Person to log in to the Services as you);
Attempts, in any manner, to obtain the password, Account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
For the express avoidance of doubt, You further understand and acknowledge that Dojo Mojo is a neutral, Software-as-a-Service provider. We provide our Services to third parties who may use our Services to run sweepstakes, conduct email blasts, and otherwise utilize our SaaS Services. We make not representation or guaranty as to any third-party’s use of our Services and in all cases use of our Services is expressly governed by these terms. YOU AGREE TO HOLD US HARMLESS FROM ANY LIABILITY ASSOCIATED WITH A THIRD-PARTY’S USE OF OUR SERVICES AND ANY REMEDIES YOU MAY SEEK MUST BE SOUGHT AGAINST SUCH THIRD-PARTY.
By submitting any Content, including any information of or related to (i) any subscriber, customer, or other end user of your business, products or services or (ii) any other third party (each and collectively, “End User”) through the Services (collectively, the “End User Information”), you represent, warrant, and agree that: (y) any and all such Content (including End User Information included therein) has been collected in accordance with any applicable laws, rules or regulations, and (z) you have obtained all third-party licenses, consents and permissions needed for DojoMojo to use the Content (including the End User Information) in accordance with the terms hereof (including any Supplemental Terms applicable to a particular use of such End User Information). You hereby agree to indemnify and hold harmless DojoMojo, and all of its officers, directors, shareholders, employees and agents, with respect to any loss, claim, suit or liability (including attorney’s fees and related costs), arising from the collection, use, processing, and/or disclosure of such End User Information.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Sweepstakes and Compliance. All sweepstakes/giveaways hosted, promoted, or participated in via the Services must fully comply with applicable laws (e.g., Sweepstakes Laws and Regulations, FTC guidelines, state statutes, CAN-SPAM Act for emails). DojoMojo provides the Services (including landing pages, data collection tools, and APIs) solely as a neutral platform and is not a sponsor, administrator, operator, or participant in any such activity. You bear sole responsibility for all legal obligations, including entrant consents, 'no purchase necessary' disclosures, prize fulfillment, and disputes; DojoMojo disclaims all liability. DojoMojo reserves the right to unilaterally control, modify, add/remove links, promotions, advertising, or content on any sweepstakes pages (whether hosted on dojomojo.com or self-hosted using Services tools) without prior notice or your consent.
Legal Templates. Any templates provided via the Services for inter-brand agreements (e.g., participation contracts in joint sweepstakes) are generic samples only, not customized legal advice, representations, or guarantees of enforceability. Your use of such templates is at your sole risk; DojoMojo assumes no liability for their validity, disputes, or outcomes.
D. Payments and Billing
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service, including without limitation when you enter into a Service Agreement, are deemed part of this Agreement. When you sign up for, access, or use any Paid Services, including subject to a Service Agreement, you agree to pay all amounts incurred by your Account in connection with such Paid Services.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor (the “Payment Processor Terms”) in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you (i) agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the then-applicable payment terms; (ii) authorize us, through the Payment Processor, to charge your chosen credit card, paypal account, or other supported payment provider (your “Payment Method”); (iii) agree to make payment using that selected Payment Method; and (iv) agree to comply with the Payment Processor Terms. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.
Payment Method. The terms of your Payment Method shall be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Subscription Services. Some of the Paid Services may consist of an Initial Payment Term, for which there is a one-time charge, followed by recurring charges at regular intervals as set forth on the Services when you select or purchase such Paid Services (“Subscription Services”). By choosing a Subscription Service, you authorize us and/or our Payment Processor to charge your Payment Method at the start of the Initial Payment Term and again at regular intervals thereafter. You acknowledge and agree that Subscription Services incur recurring charges and automatically renew, and you accept responsibility for all such recurring charges. YOU AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION SERVICE. IN ORDER TO CANCEL A SUBSCRIPTION SERVICE, YOU MUST EMAIL hello@dojomojo.com OR CONTACT YOUR ACCOUNT REPRESENTATIVE. ONCE WE HAVE CONFIRMED RECEIPT OF YOUR TERMINATION, YOU WILL RECEIVE THE SUBSCRIPTION SERVICES ONLY FOR THE REMAINDER OF THE BILLING PERIOD, AND WILL RECEIVE NO FURTHER RECURRING CHARGES. CHANGES TO PAYMENT METHOD AND TERMINATIONS OF SUBSCRIPTION SERVICES MUST BE SUBMITTED TO US AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE NEXT SUBSCRIPTION RENEWAL DATE IN ORDER TO TAKE EFFECT. WE WILL NOT BE LIABLE TO YOU FOR, AND YOU WILL NOT BE ELIGIBLE FOR ANY REFUNDS IN CONNECTION WITH, ANY RENEWALS OF ANY SUBSCRIPTION SERVICES THAT YOU DID NOT TIMELY CANCEL.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT AND PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN PAYMENT METHOD, BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide upon request, notice of the amount to be charged and the date of the charge. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred for multiple Paid Services or during multiple Services terms and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, through email request to hello@dojomojo.comor by emailing your account manager, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription Services at any time, email notice to hello@dojomojo.com. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Service Agreements. When you purchase any Paid Services through a Service Agreement, you agree that, unless otherwise stated in the Service Agreement, all fees for such Paid Services are noncancellable and nonrefundable. Unpaid fees for Paid Services will accrue interest at the lesser of 1.5% per month or the greatest amount allowed by applicable law.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at hello@dojomojo.com
E. Rights and Licenses
The materials displayed or performed or available on or through the Services, including without limitation, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you agree that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including DojoMojo’s) rights.
You understand that DojoMojo owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on or otherwise exploit any of the Services except as expressly permitted hereunder, or access or use any Services for the purpose of creating a competitive product or service.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all of the restrictions above don’t apply – they do!
Your Proprietary Rights. Any Content that you post, upload, share, store or otherwise provide through the Services, including any and all End User Information, Messages, etc., is your “User Content.” You are responsible for all User Content that you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it, and that all such User Content is in compliance with all applicable state, federal and local laws, rules and regulations.
In addition to the licenses that you grant in this Section E(1), our Privacy Policy describes how we collect and use any personal information provided by you to us.
If you collect, store, upload, make available, or otherwise use User Content (including End User Information) through the Services, you hereby grant to DojoMojo a worldwide, transferable, sublicensable (through multiple tiers), perpetual, irrevocable, non-exclusive, royalty-free license to: (a) use, share, process, own, sell, market to, or otherwise exploit in perpetuity the User Content (including all End User Information and data collected from sweepstakes/giveaways, such as emails, phones, addresses, etc.) to provide the Services, or for any business purpose of DojoMojo or its Affiliated Entities (e.g., cross-promotions within owner-controlled brands); (b) claim full, irrevocable ownership of all such entrant data collected through the Services, including for AI training, datasets, or monetization; and (c) unilaterally access, pull, export, or integrate data from any connected third-party services (e.g., email service providers via API) without further consent, granting DojoMojo and Affiliated Entities identical full rights hereunder..
By integrating an ESP API with your Account for entrant data flows (e.g., emails from sweepstakes landing pages), you grant DojoMojo and Affiliated Entities perpetual access to all data therein, without additional permissions.
These licenses and ownership rights survive termination of your Account to the greatest duration under applicable laws.
In addition to the license rights to the End User Information set forth above, with respect to all User Content that you provide to us, you hereby grant DojoMojo a license to translate, modify (for example, in order to make sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Services and provide the Services to you and our other customers, as described in more detail below, as well as to maintain and improve our products, software and services, including by using the User Content to train AI Tools (defined below). This is a license only – your ownership in User Content is not affected.
If you store User Content in your own Account, in a manner that is not viewable by any other user except you (“Private User Content”), you grant DojoMojo the license above, as well as a license to display, perform and distribute your Private User Content for the purpose of making the Private User Content accessible to you and providing the Services necessary to do so.
If you share User Content in a manner designated that only certain specified users can view (for example, a private message to one or more other users) (“Limited Audience User Content”), then you grant DojoMojo the licenses above, as well as a license to display, perform and distribute your Limited Audience User Content for the sole purpose of making that Limited Audience User Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services. For the avoidance of doubt, any disputes between you and such other users, including with respect to any Limited Audience User Content that such user chooses to use in violation of any conditions you have agreed to between you, is solely between you and such user, and we have no liability or obligation to you in connection with any such dispute.
If you share User Content publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements and/or feature requests relating to the Services (each of the foregoing, “Public User Content”), then you grant DojoMojo the license above, as well as a license to display, perform and distribute your Public User Content for the purpose of making that Public User Content accessible to all DojoMojo users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Services and/or otherwise in connection with DojoMojo’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.
Our Services may include, link to, or use certain generative AI tools (including AI Services made available by third parties, as further described below, and collectively the “AI Tools”) to collect, analyze, and respond to user prompts and requests and produce text, images, marketing creatives, or other content (“Output”). By using the any AI Tools, you hereby consent and authorize us to share any Content or other information you provide to the Services with the AI Tools in order to complete your request.
You agree that the licenses you grant us in and to your User Content are non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), irrevocable and worldwide, provided that when you delete your DojoMojo Account, we will use commercially reasonable efforts stop displaying your User Content on the Services (other than Public User Content, which may remain fully available) to other users (if applicable), but you understand and agree that we reserve the right to keep and continue to use such User Content as set forth herein. In particular, and without limitation, we may continue to share and commercialize your User Content and use any AI Tools that were trained on your User Content.
Finally, you understand and agree that, in performing the required technical steps to provide the Services to our users (including you), DojoMojo may need to modify your User Content, including to conform and adapt such User Content to the technical requirements of connection networks, devices, services or media, and that the foregoing license includes the rights to do so.
For the avoidance of doubt, You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content subject to the terms of this Agreement. We are and shall be under no obligation (1) to maintain any User Content in confidence (except for Limited Audience User Content) or (2) to pay compensation for any User Content.
Copyright infringement; Service as a “Service Provider”. You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like DojoMojo, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing and to terminate the Accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
You understand and agree that DojoMojo provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that Dojomojo is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that DojoMojo cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though DojoMojo may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by DojoMoho.
Responsibility for information and material available on the Services. Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the Person from whom such Content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
Certain AI Tools made available through the Services may provide you with Output. To the extent that we have ownership rights in such Output, we hereby grant you a limited, revocable license to use the Output for your internal business purposes in connection with the Services. You agree that you shall not, and shall not cause or permit any third party to, resell or otherwise use the AI Tools or the Output for any purpose except as expressly permitted under these Terms. You acknowledge and agree that that you, and not we, shall be responsible for your use of any AI Tools and your use of or reliance on any Output. The AI Tools and the Output may produce results that are inaccurate or inappropriate, and you agree that any use of or reliance on the AI Tools and/or Output is at your own risk.
F. Third Party Websites and Services
The Services may contain links or connections to third party websites or services that are not owned or controlled by DojoMojo. When you access third party websites or use third party services, you accept that there are risks in doing so, and that DojoMojo is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
DojoMojo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DojoMojo will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service, including any AI Services (defined below).
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DojoMojo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Our Service may utilize certain third-party artificial intelligence and deep learning platforms, algorithms, tools and models (“AI Services”) in order to provide and improve our Service. You acknowledge and agree that we may share your User Content with the AI Services for this purpose and such AI Services may not be required to maintain the confidentiality of any of your User Content. Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose your User Content, including to further train their algorithmic models. You must review and comply with any such requirements prior to your use of any service that relies on AI Services. You assume all risks associated with your use of such AI Services. You agree that we will have no liability for the unavailability of any AI Services, or any third party’s decision to discontinue, suspend or terminate any AI Services.
We are not responsible for the behavior of any advertisers, or linked third party websites available on or through the Services. The inclusion of any advertisement or hyperlink on the Services does not imply DojoMojo’s endorsement or any association between DojoMojo and the advertised brand or operators of the website corresponding to that hyperlink. You further acknowledge and agree that DojoMojo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such hyperlinked website.
ESP and Third-Party Integrations. Connections to ESPs or other services (e.g., for automated entrant email flows via APIs integrated into the Services) are managed at your risk. DojoMojo and Affiliated Entities may access/pull data as provided in Section E. You release us from all claims related to data transmission, spam violations, integration errors, or third-party downtime.
G. Disputes Between Users or With Third Parties.
If there is a dispute between participants on this site, or between users and any third party, you agree that DojoMojo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DojoMojo, its officers, employees, agents and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor or released party.”
H. Changes of the Services.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that might affect you, but this isn’t always practical, and we reserve the right to modify or discontinue any Services or any part of the Services without notice to you. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
I. Termination.
You’re free to stop using the Services at any time, by contacting us at hello@dojomojo.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information (including User Content and End User Information) that you provide to us after you have stopped using our Services.
DojoMojo is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including in the event that you breach these Terms. DojoMojo has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of or inability to further access any Content associated with your Account, so keep that in mind before you decide to terminate your Account. We will try to provide advance notice to you prior to terminating your Account so that you are able to retrieve any important User Content you may have stored in your Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of DojoMojo.
If you have deleted your Account by mistake, contact us immediately at hello@dojomojo.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
If your Account is terminated for any reason, whether by us or by you, we are not obligated to provide, and you should not expect, any refunds.
J. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DOJOMOJO OR ITS LICENSORS OR SUPPLIERS OR ITS OR THEIR OFFICERS, EMPLOYEES, OR CONTRACTORS (“DOJOMOJO PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICES, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT ANY OF THE DOJOMOJO PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNTS PAID BY YOU TO DOJOMOJO IN CONNECTION WITH THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. FOR THE AVOIDANCE OF DOUBT, DOJOMOJO PARTIES WILL HAVE NO LIABILITY ARISING FROM OR RELATED TO: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED OR SENT THROUGH THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; (v) YOUR USE OF, OR RELIANCE ON OUTPUT FROM, ANY AI TOOLS (INCLUDING ANY CHATBOT), OR (vi) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY; VII) LOSS, MISUSE, UNAUTHORIZED ACCESS, OR NON-DELIVERY OF ENTRANT DATA (E.G., EMAILS FROM SWEEPSTAKES) PROCESSED THROUGH THE SERVICES, PROVIDED REASONABLE SECURITY IS MAINTAINED; (VIII) ANY USE OF THE SERVICES' AUTO-RANDOMIZED WINNER SELECTION TOOL (OR SIMILAR FEATURES), INCLUDING ERRORS IN RANDOMIZATION, DISPUTES OVER WINNERS, OR NON-COMPLIANCE WITH SWEEPSTAKES LAWS; YOU MUST INDEPENDENTLY VERIFY AND SELECT WINNERS AT YOUR SOLE RISK, AND DOJOMOJO DISCLAIMS ALL LIABILITY FOR THE TOOL'S OUTCOMES OR YOUR RELIANCE THEREON.. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOJOMOJO AND YOU.
K. No Warranties.
Neither DojoMojo nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without warranty of any kind from DojoMojo or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY DOJOMOJO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES (INCLUDING ALL TOOLS FOR DATA COLLECTION, LANDING PAGES, APIS, AND TEMPLATES) ARE PROVIDED 'AS IS' WITHOUT WARRANTIES; EXPERIMENTAL OR TEMPLATE FEATURES DO NOT IMPLY DOJOMOJO ENDORSEMENT, LEGAL VALIDITY, OR LIABILITY FOR YOUR BUSINESS ACTIVITIES (E.G., SWEEPSTAKES COMPLIANCE). IN ADDITION, DOJOMOJO DOES NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR AVOIDANCE OF DOUBT, FEATURES LIKE THE AUTO-RANDOMIZED WINNER TOOL ARE PROVIDED AS OPTIONAL AIDS ONLY; THE SWEEPSTAKES OWNER RETAINS FULL RESPONSIBILITY FOR FAIR, LEGAL WINNER SELECTION AND ASSUMES ALL RISKS OF USE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK.
NO REPRESENTATION OR STATEMENT, INCLUDING WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, NOT CONTAINED IN THESE TERMS WILL BE DEEMED TO BE A WARRANTY BY DOJOMOJO.
FROM TIME TO TIME, DOJOMOJO MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT DOJOMOJO’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE DOJOMOJO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DOJOMOJO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES SUCH AS THIRD-PARTY PROVIDERS OF AI SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
L. Indemnity.
You, at your own expense, will indemnify, defend, and hold harmless DojoMojo, its subsidiaries, affiliates and assigns, and its and their respective directors, officers, employees and agents from and against any third-party claim, loss, demand, cause of action, debt or liability, including attorneys’ fees, arising out of or related to (i) your actual or alleged breach of any of these Terms, and (ii) your actual or alleged use or misuse of any DojoMojo Services, including, without limitation, any allegation that you used the DojoMojo Services to send any Message in violation of any federal, state, local or other law, rule, or regulation, including but not limited to the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing regulations (47 C.F.R. § 64.1200); (iii) any sweepstakes-related claims (e.g., illegal operation, entrant disputes), CAN-SPAM/spam violations, or issues from your use of Services-provided legal templates for inter-brand agreements (which constitute non-advisory tools only); (iv) third-party claims over entrant data collected or transmitted via the Services, including ESP integrations; (v) claims arising from winner selection tools or processes via the Services.
M. Assignment.
You may not assign, delegate or transfer these Terms or any of your rights or obligations under these Terms, or your Services Account, in any way (by operation of law or otherwise) without DojoMojo’s prior written consent. We may freely transfer, assign or delegate these Terms and our rights and obligations without notice or consent.
N. Choice of Law; Arbitration.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida., Disputes shall be settled in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Miami, Florida. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND DOJOMOJO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
O. Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the DojoMojo may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and DojoMojo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and DojoMojo. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of DojoMojo, and you do not have any authority of any kind to bind DojoMojo in any respect whatsoever. You and DojoMojo agree there are no third party beneficiaries intended under these Terms. DojoMojo will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond our control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents. Further, DojoMojo will not be responsible or liable to you for any data breach or compromise of information provided that we have in place reasonable security measures and otherwise complies with any applicable data breach laws. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.
Data Ownership and Control. DojoMojo and Affiliated Entities retain full, perpetual ownership and control over all aggregated, de-identified, or raw entrant data from the Services for any purpose, including private use by owner-controlled entities, monetization, or sharing, without your ongoing rights post-termination, subject only to the limitations as described in the Privacy Policy.
Severability. If any provision related to data licenses or ownership is held unenforceable, it shall be reformed to the maximum extent permissible under law.