Terms and Conditions

Acceptance of Agreement

Shwaag, Inc. ("Shwaag") is pleased to provide its site (www.shwaag.com), various related services, and promotions available therein (collectively referred to as the "Site") to you, subject to your acceptance of this member agreement (the "Agreement"), the Privacy Policy accessible here and the Shwaag Giveaway Rules accessible here. By accessing and using the Site, or by becoming a registered member of the Site, you are entering into a legal agreement with Shwaag to abide by this Agreement, the Privacy Policy and the Shwaag Giveaway Rules. If you do not wish to be bound by this Agreement, the Privacy Policy and the Shwaag Giveaway Rules, please do not register as a Member and exit the Site now.

Your sole remedy for dissatisfaction with the Site, or any content available on the Site, is to stop using the Site.

Shwaag may, in its sole discretion and upon notice to you, modify, restrict, change, or otherwise alter the Agreement, the Privacy Policy, or the Shwaag Giveaway Rules, in whole or in part, impose limits on certain features, promotions or services or restrict your access to part or all of the site. By continuing the access and use the Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations.

Definitions

When used in this Agreement, certain words have particular meanings:

"Affiliates" are all parties involved in creating, producing, and/or delivering the Site that have a relationship with Shwaag separate from this Agreement, including its parent companies, subsidiaries, affiliated companies, information providers, partners, sponsors, contractors, advertisers, and suppliers of products and services to Shwaag. Nothing in this Agreement creates any obligations of any Affiliate to you, or gives you any rights against any Affiliate.
"Content" refers to any products, services, text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by Shwaag and/or its Affiliates or by Third Parties and otherwise available on the Site.
A "Promotion" refers to any Shwaag Giveaway, Survey, Sweepstakes, Redemption, or other Giveaway offered or available on the Site.
A "Submission" is any communication that a user transmits to the Site (regardless of ultimate destination) by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like.
A "Third Party" is any entity other than Shwaag or its Affiliates, or a person other than Shwaag's or its Affiliates' directors, officers, employees or agents.

Registration

You must be at least 13 years of age and a legal resident of the United States to become a registered member ("Member") of Shwaag. Employees, officers and directors of Shwaag, its respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to win Shwaag based on their participation in any Promotion on the Site.

To become a Member and open your Shwaag account ("Account"), you must completely fill out all of the information required on the online registration form located at http://www.shwaag.com/account/new. THIS DATA MUST BE ACCURATE AS IT WILL DETERMINE THE VALIDITY OF PROMOTION ENTRIES, WILL BE USED FOR SECURITY PURPOSES AND FOR THE FULFILLMENT OF OR SHWAAG WON. YOU ARE RESPONSIBLE FOR MAINTAINING AND PROMPTLY UPDATING YOUR ACCOUNT INFORMATION. IF INACCURATE INFORMATION IS SUPPLIED, IT MAY RESULT IN YOUR DISQUALIFICATION FROM MEMBERSHIP AND/OR ANY PROMOTION AND PREVENT THE FULFILLMENT OF ANY SHWAAG YOU MAY WIN.

By registering with Shwaag, you represent and warrant that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Shwaag registration form; and (b) maintain and promptly update such information to keep it accurate.

Limit of One (1) Account per Member. Multiple Accounts registered for the same person under different email addresses will be subject to cancellation, and any Shwaag won therein will be forfeited.

Limit of Three (3) Accounts per Household. If more than three (3) Accounts are registered for the same street address under different email addresses, such Accounts will be subject to cancellation and any Shwaag won therein will be forfeited.

All Social Media accounts (Twitter, Facebook, LinkedIn) used to enter to get Shwaag, must meet minimum usage requirements, including but not limited to: being created and in service (usage) for a minimum of 30 days; having a minimum number of followers, friends and or connections (specific number unpublished to prevent gaming); and used in a general nature and not specific to enter only Shwaag contest tweets, posts or comments. Forfeiture of Shwaag will occur if a "winning" entry was picked from such an account.

You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify Shwaag of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. Shwaag cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

How to Play - Shwaag Giveaways

You may only play Shwaag Giveaways online. Each day, or every few days, Shwaag Giveaways will be posted on the Site. Shwaag reserves the right to determine in its sole discretion the specific Product and/or Services, for which Shwaag will be made available. SHWAAG IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OR INTERRUPTION OF, ANY DATA NETWORK WHETHER REGIONAL OR NATIONWIDE.

An individual Shwaag Giveaway will appear at a predetermined, random time on the day the Shwaag Giveaway is scheduled to go live, and will remain live and playable until a predetermined random time of the following day(s) (hereinafter the "Play Period").

To play, go to http://www.shwaag.com and sign in using your username and password. After reviewing the “Featured Shwaag” or “Shwaag of the Day” Giveaway, Click on the "Shwaag Me" button. You will then be taken to a landing page that will display the details for that day’s Shwaag offer, including, but not limited to; a traditional random drawing; a series of multiple-choice trivia; and chances to increase odds by posting to social media sites such as Twitter and/or Facebook. The number of options in each Giveaway may vary, depending on the design of that day or days Offer.

A Traditional Random Drawing Trivia Challenges: The content of the questions and multiple-choice answers for any particular Giveaway may vary from Member to Member. Use your mouse to click on the answer you wish to submit. For each correct answer you submit for a question about that day’s Featured Shwaag, you will receive (1) Entry. All submitted answers are final. After you have finished playing, the amount of Entries you earned will be displayed and automatically credited to your Account.

Entries are only credited to a Member's Account for completed Challenges. In the event that you are disconnected from the Site or leave before finishing a Challenge, your Shwaag Game and any Entries awarded will be saved; however, your Entries will not be credited to your Account until you have finished the Challenge. You may complete the Challenge at any time during the Play Period for that Challenge. However, if you do not complete the Challenge within the applicable Play Period, you will not get credit for any Entries awarded for that Challenge.

A Challenge can only be completed once. Any attempt by a person to play a Challenge more than once or to enter more than once in one day using multiple email addresses may result in disqualification at the discretion of Shwaag, and any Entries earned in such attempts will be forfeited.

Shwaag Giveaway answers, where appropriate, will be deemed made by the authorized Account holder of the email address submitted at time of sign-in. In the event of a dispute, a Member must provide Shwaag with satisfactory proof that he/she is the authorized Account holder of the email address associated with the Shwaag Giveaway answers in question.

Shwaag reserves the right to determine in its sole discretion the correctness of all Shwaag Giveaway questions and answers. All such challenges will be handled on a case-by-case basis. If you believe Shwaag has posted an incorrect question or answer or incorrectly credited your Account, please contact us immediately at members@shwaag.com, or by postal mail to Shwaag, Inc, 6929 N. Hayden Rd, Ste C4-140, Scottsdale, AZ 85250-7970.

Cheating and Disqualification

Shwaag, in its sole discretion, reserves the right to terminate the Account of any Member who is found to be engaging in fraud or misconduct in conjunction with the Site or any Challenges including, but not limited to, the exchange or publishing of questions and answers to Challenges on message boards, in newsgroups or in any other public or private forum, or via e-mail or any other form of written or verbal communication (see "Fraud & Termination of Membership" in the Membership Agreement). Shwaag, in its sole discretion, reserves the right to void any Member Status, any Member Points earned, and require the return of any or all Rewards redeemed or Shwaag won by, any Member found to be engaging in such fraud or misconduct.

The use of machines, computers, software, scripts, or any other automated system to participate in the Giveaway or play a Shwaag Giveaway is strictly prohibited. Members are similarly restricted from participating in the Giveaway or playing a Shwaag Giveaway with more than one type, version or copy of a browsing software application at any one time. Members found engaging in such improper or fraudulent conduct on the Site, tampering with or abusing any aspect of the Giveaway, any Shwaag Giveaway, or falsifying information required during registration or any requested affidavits, as solely determined by Shwaag, will have their Accounts terminated.

Members suspected of engaging in any of the above activity will receive a single email message ("Revocation") advising such Member of Shwaag's decision to cancel their Account. A Revocation will result in the Member's permanent disqualification from the Giveaway and any and all future promotions on the Site, the forfeiture of any Points held in their Account, and the return of any Rewards redeemed or Shwaag won as a result of such improper conduct. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SHWAAG RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Code of Conduct

You agree to abide by the following code of conduct (the "Code of Conduct") and to comply with all applicable rules governing any Promotion accessible from the Site.

You may not use the Site in any manner that:

infringes (or results in the infringement of) or misappropriates any rights, including, without limitation, any copyright, patent, trademark, or other intellectual property right, of Shwaag or any Third Party ;
is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or
would cause Shwaag and/or any Affiliate to be in violation of any law or regulation.

You may not use the Site to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to material that:

meets any of the descriptions above;
is determined by Shwaag, in its sole discretion, to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity);
is determined by Shwaag, in its sole discretion, to be defamatory or threatening;
is determined by Shwaag, in its sole discretion, to be pornographic (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children); or
contains any virus, worm, Trojan horse, or other harmful or disruptive component.

You may not do (or attempt to do) any of the following in connection with the Site:

Restrict or inhibit use of the Site. This includes: (a) using any Account without the owner's permission; (b) obtaining or soliciting another Member's password or other personal information under false pretenses; or (c) impersonating another Member or otherwise misrepresenting yourself in any manner, whether to another Member, to Shwaag, or otherwise.
Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorized to access.
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without Shwaag's prior written authorization. This includes framing or mirroring any part of the Site.
Remove any copyright, trademark, or other proprietary rights notice contained in the Content.
Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content contained therein.
Harvest, collect, or mine information about other Members of the Site. At all. Whatsoever. We will Prosecute that heavily. Privacy is very very important to us and our members. That's why we have this over-the-top statement here. Beleive us!
Create a database by systematically downloading and storing all or any of the Content available on the Site. See the "Prosecute heavily" comment above. Now multiply by 2!

You agree to abide by the following additional rules in all Shwaag-Administered Communication Channels:

When you choose a screen name, or otherwise create a label that can be seen by others, you will observe the rules of common decency. If Shwaag, in its sole discretion, finds such a label offensive, it reserves the right to change the name, remove the label and/or suspend you from all future and/or current Promotions.
If any Member harasses another Member in a general or private Shwaag-Administered Communication Channel, Shwaag must be notified of the harassment within 24 hours of its occurrence. To file a complaint of harassment, contact us at members@shwaag.com with a description of the harassing behavior and the exact time and location at which it occurred. Shwaag will determine, in its sole discretion, from the chat room logs whether the Member has been offensive. Shwaag reserves the right to suspend the offending Member from all future Promotions for a period of time to be determined by Shwaag, at its sole discretion.

Failure to abide by this Code of Conduct or other terms and conditions of this Agreement, or the Shwaag Giveaway Rules, may be grounds for immediate limitation or termination of your Account without notice and may result in the termination of your sweepstakes entries and other incentives, and, in certain cases, may also subject you to civil or criminal penalties. Shwaag does not police for, and cannot guarantee that it will learn of or prevent, any inappropriate use of the Site. You are responsible for all use of your Account, unless you have notified Shwaag that your Account has been compromised by sending an email to us using our Member Services page requesting that access to it be blocked.

Fraud and Termination of Membership

You agree that in the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, Shwaag, in its sole discretion, reserves the right to disqualify you from participation in any or all Promotions; suspend access to your Account indefinitely pending investigation; cancel your Account; terminate your membership; void any Entries you have earned; and/or require the return of any Shwaag you have won. The forfeiture of Entries and/or return of Shwaag or Rewards shall in no way preclude Shwaag from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Such fraud and misconduct includes, but is not limited to: (a) any misrepresentation of any information furnished to Shwaag or its Affiliates by you, or anyone acting on your behalf; (b) falsifying personal information required during registration; (c) using methods such as automated computer scripts, fake accounts, accounts set up solely to compete for Shwaag, or other gaming techniques to enter a sweepstakes or to claim a Shwaag, redeem a Reward, accumulate Entries or participate in any Promotion; (d) allowing others to use your Account for the purposes of accumulating Entries; (e) intentionally trying to defraud or otherwise tamper with the computer Giveaways that comprise Shwaag; and (f) failure to comply with the Shwaag Giveaway Rules or the rules governing any individual Promotion.

Shwaag Giveaways

The Shwaag Giveaways are only available via access to the Site and will be governed by the Shwaag Giveaway Rules which are incorporated by reference and form part of this Agreement. The Sweepstakes will be governed by their own official rules, copies of which will be posted on the Site from time to time. It is your responsibility to review and comply with the Shwaag Giveaway Rules and the official rules of each Sweepstakes.

The Shwaag Giveaway (the "Giveaway") is open to members of Shwaag (each, a "Member") and is subject to the following Shwaag Giveaway Rules. You must be at least 13 years of age and a legal resident of the United States to become a Member of Shwaag. Unless otherwise specifically stated in any specific Giveaway, all Giveaway winners must be at least 18, at the time of the selection, to win Shwaag. Employees, officers and directors of Shwaag, its respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to win Shwaag in any Giveaway specific to their affiliation. They are still welcome to tweet, post and otherwise participate.

Shwaag, Inc will from time to time, on it's own and/or in coordination with it's vendors, "direct" Shwaag to certain members for reasons to be determined and at their sole discretion, without a contest or sweepstakes component being engaged. Bottom line - you might get something for being nice, paying it forward, for being influential, passionate about a certain product, or for just being "you" :-)

By accessing and using the Shwaag site (the "Site"), or by becoming a Member, you are entering into a legal agreement with Shwaag to abide by the Reward Giveaway Rules, the Member Agreement and the Privacy Policy. If you do not wish to be bound by the Reward Giveaway Rules, the Member Agreement and the Privacy Policy, please do not register as a Member and exit the Site now.

Shwaag may, in its sole discretion and upon notice to you, modify, restrict, change, or otherwise alter the Shwaag Giveaway Rules, the Member Agreement or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or restrict your access to part or all of the Site. By continuing to access and use the Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations.

The Site works optimally with Firefox 3+, Internet Explorer 8+ and Flash 8+.

Shwaag Fulfillment

All Shwaag Giveaways will be awarded to winners in anything from 1 Day to 8 Weeks after the completion of the Giveaway offer. All Giveaways will be fulfilled within approximately 2-8 weeks from successful completion of the Shwaag Giveaway being awarded and verified (or the affidavit of eligibility and liability/publicity release, if applicable), unless otherwise specified in the rules and restrictions listed for a particular Shwaag. Some Shwaag Giveaways will require very specific time responses in order to be awarded that Giveaway, through very specific methods, as specifically deemed in any one Giveaway overview (for example, within a specific Giveaway description, it may say a "Giveaway winner must respond to a Winning Giveaway Email within 48 hours", or "must respond to a phone call within 24 hours").

ANY SHWAAG TO BE FULFILLED TO MEMBERS UNDER THE AGE OF 18 MAY BE, AT THE SOLE DISCRETION OF SHWAAG, FULFILLED IN THE NAME OF THE MEMBER'S PARENT OR LEGAL GUARDIAN. SHWAAG DOES NOT GUARANTEE FULFILLMENT WITHIN THE ESTIMATED TIME AND IS NOT LIABLE FOR ANY FAILURE TO FULFILL A SHWAAG WITHIN THE ESTIMATED TIME.

SHWAAG IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF, ANY SHWAAG OR THE WITHDRAWAL OF ANY THIRD-PARTY SHWAAG VENDOR ("VENDOR") FROM THE SITE, OR FOR ANY EFFECT ON OR DEVALUATION OF SHWAAG CAUSED BY SUCH CHANGE, DISCONTINUANCE, OR WITHDRAWAL.

ALL SHWAAG IS PROVIDED SOLELY BY VENDORS. SHWAAG, INC. MAKES NO REPRESENTATION OR WARRANTY IN ANY RESPECT IN CONNECTION WITH ANY SHWAAG. A VENDOR MAY SUBSTITUTE A SHWAAG WITH A DIFFERENT SHWAAG OF EQUAL OR GREATER VALUE. YOU MUST COMPLY WITH VENDOR PROCEDURES ON ALL SHWAAG RETURNS OR EXCHANGES. SHWAAG IS TRANSFERABLE BUT IS NOT SUBSTITUTABLE FOR CASH OR ENTRIES.

ALL RULES AND RESTRICTIONS REGARDING USE AND REDEMPTION OF ANY SHWAAG AS SPECIFIED IN THE SHWAAG CATALOG, OR ON THE SHWAAG SITE ITSELF SHALL APPLY.

Redemption of a Shwaag item constitutes permission for Shwaag and its affiliates to use Member's name and likeness solely for advertising and promotional purposes as Shwaag so determines without notice or further compensation, except where prohibited by law.