Terms & Conditions



CoolSwip.com and any related services, modules, functions, software or platforms (collectively, the “Services”) has been created in order to provide you a much easier way to run sweepstakes and competitions. These Terms & Conditions constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.

CoolSwip.com is a sweepstakes platform where you can create and manage your competitions, raffles and sweepstakes, and provide to your customers a fun and interactive experience with the guarantee and assurance that the winners are always chosen in a random and verifiable way, using our innovative method of selecting the winning ticket.

When you create a competition, you declare that you have the legal permission to do it in accordance with your country laws and that you comply with all the rules corresponding to your country laws and the locality from where you make the competition or draw.

Only you are responsible for delivering the legal documentation corresponding to each competition you create.

CoolSwip.com reserves the right to eliminate any competition or raffle that violates the laws established by the competent authority in each case and the creator of the competition or draw is responsible for compensating the participants if the case requires it.

It is necessary that at the moment of creating your competition, you specify with total clarity the rules of it, the way in how your clients obtain the tickets to participate, the maximum clamming time of the prize and how you will deliver the prize.




Registration and Access


In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up an email and password. The information provided can be updated at any time by accessing your account options page.

Based on the type of account you choose to open, in this case Draw Creator Account, you may grant account access to additional users (Vendors) in your organization and specify the number of vouchers he or she can send to your costumers. The access each user shall have as part of the Services is granted ONLY for you. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.

We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at coolswip@ hotmail.com.

You are responsible for managing your sweepstakes plan, give the prizes to the winners and any product warranty. If you wish to cancel any competition it may has legal repercussion depending on your country laws. Any bad or irresponsible activity will result in the close of your account.

PLEASE NOTE SOME THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.
Furthermore, please note that currently the Services were created with the intent to be used by companies and users where the legislations allow to use this kind of services. If your country laws do not let you use this kind of services, PLEASE DO NOT USE IT. Keep in mind that CoolSwip makes no representations that the Service is appropriate or available for every country.


Free User Accounts

By participating in any of the competition of the website you will be included in the competition that you chose to participate using the number of tickets or participations you chose to enter.

By participating in any of the competitions you accept our random and verifiable way of selection of the winning ticket.

When you participate in any competition, you accept the time for claiming the prize and it may vary in every competition. After that time, the creator of the competition may re-draw the prize among the list of participants. If you win, you accept the terms of delivery of the prize set by the creator of the raffle or competition, which may or may not require shipping cost and other legal and tax costs depending on the location of the creator of the competition and your location.

By participating in any sweepstakes, you declare that the data you provided when registering on the website CoolSwip.com, are real, true  and accurate and that you are in legal age to participate in sweepstakes according to your country laws.

CoolSwip.com is not responsible for the delivery of the prize or the conditions and guarantees of the prizes. We only provide the service of the sweepstakes platform. Each company and user that performs a competition or raffle is responsible for delivering the prize to the winner as it is offered and with the guarantees it offers.


Ownership of the Services Provided to You


The underlying platform of the Services is owned by CoolSwip. By subscribing to our Services, CoolSwip grants you a personal, revocable, non-assignable, and non-exclusive free license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.

“CoolSwip” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to CoolSwip. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by CoolSwip. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
Please note that CoolSwip facilitates to companies running competitions which as a user you can enter. As an entrant you acknowledge that the "Competition Owner" is fully responsible for ensuring that their competition complies with all applicable rules & regulations in the countries for which it is operating. CoolSwip is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
"Competition Owners" must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which is it run. CoolSwip will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.

You acknowledge and agree that CoolSwip is not responsible or liable for Competition Owners use or distribution of information you provide. Please see each Competition Owners promotion rules, terms and privacy policy for details on how they use your personal information.

As CoolSwip can be used from the internet in any country, by using CoolSwip you acknowledge that you are responsible for compliance with any local laws.
COOLSWIP DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
CoolSwip may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that CoolSwip may use any information you provide consistent with CoolSwip and these Terms of Service.


Technical Support

Technical support is provided to you by CoolSwip Team via email during regular business hours, by sending your technical inquires to coolswip@ hotmail.com, Coolswip shall respond to you via email to your support request within a reasonable time-period.


Account Content & Use of Services

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:

  • Run a competition without the intention of awarding a prize;
  • Run a competition to refer users via a referral link into another competition;
  • Ignore CoolSwip generated entries by picking an external winner - unless specifically mentioned in your Terms & Conditions. For example, running a CoolSwip campaign and picking winner via retweets only, this defrauds users of their entries generated via CoolSwip.
  • Setup a fake giveaway with the sole intention of driving entries to a real giveaway (without the intention of providing a prize for your campaign);
  • Giveaway game keys purely for the purpose of farming followers for various groups or other social accounts;
  • Run a competition that is funded by donations or mostly contains referral, affiliate links or CPA offers;
  • Continually extend the end date of a campaign without users agreeing to terms that allow it;
  • Run a campaign that is purely designed to exchange followers (or other actions) and not for business purposes;
  • Encourage users to break the Terms Of Services of an external site.
  • Use or copy prize images that you do not own the copyright to;
  • Create multiple or false contestant accounts for the purpose of increasing campaign entries or redeeming multiple rewards;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
  • Reverse engineer, decompile, or disassemble any aspect of the Service;
  • Attempt to automate entries with the intent of defrauding the Competition Owner;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
  • Interfere with or disrupt the Service or other user’s use of the Service;
  • Reproduce, duplicate or copy or exploit any other portion of the CoolSwip Site.
  • Modify, adapt or hack the CoolSwip Site or falsely imply that some other site is associated with CoolSwip Site
  • Create multiple accounts after your account has been disabled;
  • Knowingly run campaigns on behalf of users that are already banned for previous Terms Of Service violations;

Breach of any of the Terms Of Services may result in a permanent account ban, or initiate an investigation whereby CoolSwip may ask for more information from you (such as communication with winners). During this time any live giveaways or competition inside the account may suffer interruption, until such information is presented.


Third Party Applications & Reliability

While the primary purpose of the Services is to allow others to organize their competitions and giveaways, they may use third party websites links, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that CoolSwip does not own or control any of these. As CoolSwip serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while CoolSwip monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.
CoolSwip also assumes NO responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve CoolSwip from any and all liability arising from your use of any Third Party Applications.
You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.


Right to Shut Down, Deny or Limit Access, Remove Content

CoolSwip reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, CoolSwip reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.


Your Feedback

We welcome any feedback or comments from you, any ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, please email us to coolswip@ hotmail.com


No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. COOLSWIP DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


Liabilities and Indemnities

You shall indemnify and save harmless CoolSwip and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by CoolSwip and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
COOLSWIP WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY COOLSWIP OR ANY THIRD PARTY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how CoolSwip protects your personal information, please refer to our Privacy Policy.

Other
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.


This document was last updated on June 26, 2018