Effective Date: April 1, 2017
By accessing and using the Give Surreal website, blog and the products or services we
offer (collectively, the “Service”), however accessed, you agree to be bound by these terms
. Users of the Service are sometimes
referred to as “users” or as “you”. Give Surreal is sometimes referred to as “we”, “our” or
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT”
YOUR BINDING ACCEPTANCE, INCLUDING ANY MODIFICATIONS THAT WE
MAKE FROM TIME TO TIME.
Give Surreal’s website is a platform for sweepstakes and contests which provide Users
with an opportunity to receive experiences and rewards with and from our social media
celebrities and internet influencer partners. You can participate in the sweepstakes and
contests We post without any payment or purchase. All sweepstakes and contests are void
where You live if prohibited by law. All sweepstakes and contests are subjects to Give
Surreal’s official rules for sweepstakes and contests. To participate in either a sweepstakes,
a contest or a campaign We host for selected non-profits and charities, You will have to
open an account with Us.
In addition to at least one free method of participating in a sweepstakes or contest, the
Service allows You to make donations to non-profits and charities whose fund raising
campaigns We post on the Service. Give Surreal’s website is a platform that allows Us to
collect your donation and then to pass it though to your desired cause or charity. Give
Surreal will host selected campaigns for non-profits and charities. We collect your
donation during the course of a campaign and then, after deduction for all expenses, and
any fee owed to a celebrity or influencer, We remit your net donation directly to your
chosen nonprofit or charity. It is your responsibility to determine if any amount is tax
deductible and, as with all tax related matters, You should consult your own tax advisor.
Except in the event of fraud and a valid chargeback by a credit card issuer, all donations
are non-refundable. When You make a donation, a certain percentage of the amount of
your Donation is retained by Us to cover the costs of providing the Services, the cost of
producing and fulfilling all experiences and rewards, although in certain instances We may
choose to waive Our fee.
- In order to use the Service you must be at least 18 years old. Do not attempt to
access the Service if You are under this age. If We learn You are not at least 18 years
old, or under 18 years old and without parental or guardian consent, We will deny
- We reserve the right to modify or deny your access to the Service for any reason,
without notice, at any time, and without liability to Us. Upon termination, all licenses
- We may have business partners in the future. Our collaboration with our partners
allows us to enhance the Service and the user experience. The Service is not
supported by advertising revenue and will not display advertisement and promotions.
We reserve our right to change this feature at another time.
- There may be third party links to and from the Service. Your use of a link to a third
party is at your own risk. We do not control any of third-party web services or any
of their content. You expressly acknowledge and agree that we are not responsible
or liable to you for any such third-party services or features.
- You may incur data charges because of your use of the Service. These charges are
The Service may provide for comments, blogging and feedback from Users, as well as comments from social media celebrities and internet influencers. Non-profits and charities running campaigns may also prove information and comments of the website. All of the foregoing are “Content”.
- You must not post violent, discriminatory, unlawful, infringing, hateful,
pornographic or sexually suggestive photos or other content via the Service. You
must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate
- You must not post private or non-public information about anyone including,
without limitation, credit card information, social security numbers, identity
numbers, financial information or other similarly sensitive information.
- You are responsible for any activity that occurs through your account. You are
solely responsible for your conduct and any data, text, files, information, usernames,
images, graphics, photos, profiles, audio and video clips, sounds, musical works,
works of authorship, applications, links and other content or materials (collectively,
also included in the meaning of “Content”) that you submit, post or display on or via
- You may not use the Service for any illegal or unauthorized purpose. You agree to
comply with all laws, rules and regulations which may apply to the Content you post
and to your use of the Service. You may not attempt to obtain any information from
the Service regarding other Users, influencers, non-profits and charities We work
- You must not post or submit spam or other forms of harassing communications in
connection with the Service. Users are prohibited from selling any merchandise
through the Service.
- You must not interfere or disrupt the Service or any server or network connected to
the Service, including by transmitting any worms, viruses, spyware, malware or any
other code of a destructive or disruptive nature. You may not inject content or code
or otherwise alter or interfere with the way the Service is rendered or displayed in a
user's browser or device.
termination of your account. We will not be responsible for any Content posted on
the Service. You use the Service at your own risk. If you violate these Terms of
Use, you understand and agree that we can close your account and deny you access
to the Service.
Rights and Licenses
- You hereby grant to Give Surreal a non-exclusive, fully paid and royalty-free,
transferable, sub-licensable, worldwide license to use the Content that You post on
- You represent and warrant that: (i) you own the Content posted by you on or through
the Service; (ii) the posting and use of your Content on or through the Service does
not violate, misappropriate or infringe on the rights of any third party; and (iii) you
agree to pay for any royalties, fees, and any other monies owed by reason of Content
you post on or through the Service.
- The Service contains intellectual property owned or licensed by Give Surreal,
including the name and logo, which are protected by copyright, trademark, patent,
trade secret and other laws, and, as between You and Us, We own all rights in Our
intellectual property. You will not infringe or use any of Our intellectual property.
- We cannot guaranty that there will never be interruptions of your use of the Service.
Some of these interruptions are for scheduled service, but others are beyond Our
control. In any event, Give Surreal has no liability for your inability to access or use
the Service. We will not be liable to You for any modification, suspension, or
discontinuation of the Services, or the removal or loss of any Content. You also
acknowledge that the internet may be subject to breaches of security and that the
submission of Content or other information may not be secure.
- You agree that Give Surreal is not responsible for, and does not endorse, Content
posted within the Service. We do not have any obligation to prescreen, monitor,
edit, or remove any Content. We do not control the Content posted on or transmitted
though the Service
confidential and We will not be liable for any use or disclosure of Content.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, GIVE SURREAL AND ANY
CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GIVE
SURREAL NOR ANY OF ITS OFFICERS, EMPLOYEES, MANAGERS, OFFICERS OR
AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “GIVE SURREAL PARTIES”)
MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) OUR
CONTENT, INCLUDING CONTENT POSTED BY INFLUENCERS, NON-PROFITS AND
CHARITIES; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF CONTENT OR ACCESS TO THE SERVICE.
GIVE SURREAL DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE
LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT,
SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, OR THAT THE
SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT
YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS
OR USE THE SERVICE.
GIVE SURREAL SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY
TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR
OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM
ANY CONTENT, WHETHER POSTED BY A USER, A BUSINESS PARTNER, OR BY A
PERSON OR ENTITY GAINING UNAUTHORIZED ACCESS TO THE SERVICE.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL GIVE SURREAL BE LIABLE TO YOU FOR ANY
LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY
DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER
CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE
SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S
USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT
OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS
IN THE SERVICE'S OPERATION; (H) ANY DAMAGE TO ANY USER'S COMPUTER,
MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS,
BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR
ANY OTHER TECHNICAL OR OTHER MALFUNCTION; OR (I) THE TRANSPORTATION
AND SHIPMENT OF GOODS, INCLUDING, WITHOUT LIMITATION, PROPERTY
DAMAGE, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA,
WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GIVE SURREAL PARTIES
HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN
WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL SE
BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY,
INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT WILL STICKER NEST’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED
UNITED STATES DOLLARS ($100.00).
GIVE SURREAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT,
INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
By using the Service, you agree to defend, indemnify and hold Give Surreal harmless from and
against any claims, liabilities, damages, losses, and expenses, including without limitation,
reasonable attorney's fees and costs, arising out of or in any way connected with any of the
following (including as a result of your direct activities on the Service or those conducted on
your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged
limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any
governmental and quasi-governmental authorities, including, without limitation, all regulatory,
administrative and legislative authorities; or (v) any misrepresentation made by You. You will
cooperate as fully required by us in the defense of any claim. We reserve the right to assume the
exclusive defense and control of any matter subject to indemnification by you, and you will not
in any event settle any claim without our prior written consent.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must
be filed within one year after such claim arose; otherwise, your claim is permanently barred.
California, without giving effect to any principles of conflicts of law.
. If you have any questions or concerns about how we use your personal information –
the answers should be contained in the policy. If not, you can reach out to us with any questions.
for more information.
unenforceable during arbitration or by a court of competent jurisdiction, then that provision will
of any remaining provisions. Our failure to insist upon or enforce strict performance of any
or condition or any other term or condition, unless we agree to a waiver which is specifically
documented in writing.
If You are using the Service on behalf of a legal entity, like a corporation or limited liability
company, You represent that You are authorized to enter into an agreement on behalf of that
and govern your use of the Service, superseding any prior agreements between you and us. Give
The information provided within the Service is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be contrary
to law or regulation or which would subject Give Surreal to any registration requirement within
such jurisdiction or country. We reserve the right to limit the availability of the Service to any
person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the
quantities of any content, program, product, Service or other feature that We provide.