Watch menchie's on undercover boss - ONLYCBS

Menchie's is back on Undercover Boss with an all-new episode! But there's a twist- we're sending a Menchie's team member undercover with secret surveillance help from our CEO.

You can get FREE frozen yogurt just for tuning in!

1. Watch Menchie's on Undercover Boss Friday, March 7th at 8/7c

2. Text MENCHIES to 35350 during the show airing*

3. Receive a text offer for your first 5 oz. FREE

Come in to Menchie's on Saturday, March 8th through Sunday, March 9th to redeem your free yogurt offer! Just present your text offer to your Menchie's cashier to receive your first 5 oz. free.

*Offer valid only 3/8/14 - 3/9/14. Must text in between 4:00 PM PST March 7th and 12:59 AM PST March 8th to receive text offer. Free frozen yogurt up to 5 oz. Must present offer on phone. Cannot be combined with any other offer. At participating US locations only. You'll receive up to 4 messages per month from an automated system. Message and data rates may apply. To stop the service at any time, reply STOP to 35350 to end all messages. Text HELP to 35350 to receive help information or just reply HELP to any message. Consent is not required to buy goods and services. Participating carriers are: AT&T, Verizon Wireless, Sprint, T-Mobile, Virgin Mobile, Boost, U.S. Cellular and Alltell. To view the privacy policy click here. To view full terms and conditions click here.

ePrize, Inc. Privacy Policy Last Revised: March 29, 2013

ePrize, Inc. is a company that helps other businesses operate sweepstakes, contests and promotions ("Promotions"). In addition, ePrize occasionally runs its own Promotions. Such Promotions gather personally identifiable information from those individuals who choose to enter a particular Promotion and anonymous data regarding the Promotion itself. ePrize takes its privacy obligations both to its clients and to people who enter its Promotions very seriously. ePrize complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. ePrize has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view ePrize's certification, please visit http://www.export.gov/safeharbor/.

This policy outlines our treatment of personally identifiable information we collect on behalf of our clients and for our own use. There are three types of Promotions in which ePrize is involved: 1) Client Promotions; 2) ePrize "Opt-in" to Client Promotions; and 3) ePrize Promotions.  

Client Promotions

As a full service promotions and sweepstakes agency, ePrize operates Promotions on behalf of its clients. As part of those services, ePrize collects personally identifiable information for its clients by use of ePrize's proprietary online technology, ePrize mailboxes, and points of entry offline. ePrize collects such personally identifiable information solely for the use of its clients and the operation of the Promotions. Such uses may include, notification of potential winners, fulfillment of prizes, and marketing analysis. ePrize strictly limits access to all personally identifiable information within its organization, and data is never shared outside of the company for any reason whatsoever (with, of course, the exception of its clients, appropriate governmental or legal requests). Personally identifiable information collected from different client Promotions is never shared with anyone other than the client on whose behalf the information was collected. Personally identifiable information collected by ePrize on behalf of a client belongs solely to the client and will be used solely in accordance with that particular client's Privacy Policy. An individual's desire to "opt-out" of receiving marketing or other information from a client will be handled in accordance with a particular client's Privacy Policy. ePrize requires its clients, by contract, to use the data which ePrize collects on its behalf in accordance with generally accepted privacy standards for both offline and online data, which includes an "opt-out" method for individuals who have provided personally identifiable information. Ultimately, however, ePrize is not responsible for data collected on behalf of its clients when such data is in its client's possession. Where ePrize operates one Promotion on behalf of multiple clients, the use of the personally identifiable information by all of the companies involved will be clearly outlined by a Privacy Policy created for that Promotion.

ePrize “Opt-in” to Client Promotions

From time to time, ePrize and one of its clients will agree to allow ePrize to offer entrants to a Promotion an opportunity to "opt-in" to receiving marketing information from ePrize and its partners. In such cases, on the Promotion registration page, an ePrize "opt-in" question will appear clearly explaining to potential entrants that by checking the box they will be agreeing to share their personally identifiable information with ePrize. When individuals "opt-in" to receive information from ePrize, they are agreeing to receive email and other notices from ePrize, including marketing messages, surveys, special offers and notices about other Promotions. Such notices may come from ePrize itself, companies with whom ePrize has a business relationship and/or ePrize clients.

If you want to "opt-out" of receiving such notices from ePrize after you have "opted-in", or you wish to correct the information you have provided to ePrize, you may do so in one of two (2) ways:

  1. Please send an email to remove@eprize.com. Please make sure to include the name of the promotion in the subject line and in the body of the email from which you wish to opt-out. Failure to provide this information may delay the processing of your request.
  2. Mail the details of your request to:
    Privacy Policy c/o ePrize, Inc.
    One ePrize Drive
    Pleasant Ridge, MI 48069
ePrize Promotions

ePrize also runs Promotions on its own behalf. Such Promotions are to generate interest from other businesses in ePrize's products and services. ePrize uses the personally identifiable information collected in such Promotions as sales leads and may contact the individual registrants by email, mail or phone. ePrize will never sell such information or share it with another business. When individuals "opt-in" to receive information from ePrize, they are agreeing to receive email and other notices from ePrize, including marketing messages, surveys, special offers and notices about other Promotions. Such notices may come from ePrize itself or from ePrize on behalf of companies with whom ePrize has a business relationship. If you want to "opt-out" of being contacted by ePrize after you have participated in one of its Promotions, or you wish to correct the information you have provided to ePrize, you may do so in one of two (2) ways:

  1. Please send an email to remove@eprize.com. Please make sure to include the name of the promotion in the subject line and in the body of the email from which you wish to opt-out. Failure to provide this information may delay the processing of your request.
  2. Mail the details of your request to:
    Privacy Policy c/o ePrize, Inc.
    One ePrize Drive
    Pleasant Ridge, MI 48069
ePrize's Online Promotion Technology

ePrize's proprietary Promotion technology has the ability to collect data other than personally identifiable information for any of the three (3) kinds of Promotions it operates online. ePrize may collect information about your computer configuration such as your browser type, operating system, or ISP domain name. ePrize may collect information about the site you last visited prior to the Promotion or about your activity during your visit to the Promotion site. ePrize may also offer social sign-on services that allow you to register for a promotion using a third-party social networking site such as Facebook, Google or Twitter.  By using these services you allow ePrize to access the available information from your third-party social network profile such as your name, age, gender, location, email address and list of friends.  This information may be used by ePrize to administer the technical and operational aspects of the site, and may include using your IP address to help diagnose problems with our server. Your IP address may also be used to gather broad demographic information for aggregate use. 

Mobile

As a full service promotions and sweepstakes agency, ePrize also operates mobile Promotions on behalf of its clients and itself. As part of those mobile services, ePrize collects personally identifiable information by use of ePrize's proprietary mobile technology. ePrize will not collect personally identifiable information from you without your permission. We shall treat any information you send to us as non-confidential and non-proprietary and we cannot guarantee or warrant the security of any data you submit to us, though we will use reasonable efforts to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data under our control, including physical, electronic and procedural safeguards. ePrize respects your privacy. We will only use the information you provide, including your mobile number, to send you content pursuant to the program in which you have requested to participate, though we will share the information we collected from you with the client on whose behalf we collected it. We will not use your information for any other purpose.  ePrize is not responsible for information collected on behalf of its clients when such information is in its client's possession. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you provide us information in connection with a program, you agree to provide accurate, complete and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate or incomplete, we may prohibit you from further participation in the applicable program and pursue any appropriate legal remedies.

Cookies

ePrize uses cookies in order to improve your user experience by enabling our promotions to ‘remember' you or your preferences, either for the duration of your single visit (using "session cookies") or during additional visits ("persistent cookies").

Cookies serve lots of different purposes, like letting you navigate between pages efficiently, storing your preferences or settings, and overall improving your experience with our promotions. Cookies make the interaction between you and ePrize promotions faster and easier. If a website doesn't use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your login details and move to another page it won't recognize you and it won't be able to keep you logged in.

Some websites will also use cookies to enable them to target their advertising or marketing messages based for example, on your location and/or browsing habits.

Cookies may be set by the website domain you are visiting (these are considered ‘first party cookies') or they may be set by other website domains who run content on the page you are viewing (these are considered ‘third party cookies'). This extra content can include things like the Facebook "Like" button, Twitter's "Tweet" button, or other integrations with third party sites and aggregators. Any third party cookies or other tracking technologies implemented by third parties for integration purposes will be governed by the privacy policy of the third party and will not be used by ePrize for tracking or data collection.

What is inside a cookie?

A cookie is a small text file that is stored on your computer or device by a website. Only that website will be able to read the contents of that cookie. Each and every cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like your preferences or to remember who you are on return visits.

What to do if you don't want cookies to be set:

Some people find the idea of a website storing information on their computer or mobile device a bit intrusive, particularly when that information is stored and used by a third party without their consent. If you do not want to see advertising that has been targeted to your interests or activities, it is possible to block some or all cookies, or even to delete cookies that have already been set; but you might lose some or all of that website's functionality.

To manage cookies on your browser please see the below articles:

All Internet Explorer Versions: http://support.microsoft.com/kb/278835 

Mozilla Firefox: http://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer

Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Opera: http://www.opera.com/browser/tutorials/security/privacy/

Safari 5.1 (Lion): http://support.apple.com/kb/PH5042

Special Note about Children

Unless otherwise specifically indicated, ePrize Promotions are not available to anyone under the age of thirteen (13). ePrize does, however, operate some Promotions on behalf of its clients which collect personally identifiable information from children under the age of thirteen (13). In each such instance, ePrize and its clients comply fully with all aspects of the Children's Online Privacy Protection Act ("COPPA") in the operation of the Promotion, in the collection of the information itself and in the subsequent use of the data collected. Personally identifiable information will not be collected from children under the age of thirteen (13) without parental consent in compliance with the COPPA guidelines.

Your California Privacy Rights (As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

Contact ePrize

If you wish to contact ePrize to correct, amend, or delete information (if ePrize is holding on to your information as explained above), about privacy related issues or for any reason at all, you may do so in one of two (2) ways:

  1. Mail to:
    Privacy Policy c/o ePrize, Inc.
    One ePrize Drive Pleasant Ridge, MI 48069; or
  2. Email to: privacy@eprize.com 

ePrize may make material changes to this Privacy Policy from time to time. Therefore, you should periodically visit this page to view the current Privacy Policy. In the event of a material change to this Privacy Policy, ePrize shall send an email advising of the change to all persons whose email addresses we have collected and retained pursuant to the terms set forth above.

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Mobile Terms and Conditions

Important Notice for Fans. By participating in an ePrize campaign, you agree that you are the primary owner of the phone number used to subscribe. Message and Data Rates May Apply. Messages sent from automated system. Consent not required for purchase. You may unsubscribe from a program at any time by texting STOP to the appropriate shortcode. For additional help, you can text HELP to the appropriate shortcode, email mobilehelp@eprize.com or call 866-375-7854. Although frequency varies by program, you should receive no more than 8 messages per month per program. Supported shortcodes include 21570, 24104, 24987, 25555, 26739, 28214, 29128, 29502, 30103, 30364, 31310, 32824, 34824, 35350, 36000, 36789, 43101, 43817, 46208, 47368, 50505, 57561, 58447, 59526, 60867, 62999, 63610, 64389, 66937, 67336, 70280, 72229, 72855, 76060, 77953, 78697, 80929, 82942, 83243, 84136, 85702, 88571, 89074, 90868, 231892, 404040, 444475, 477477, 743722, 788683, 842538, 872337. Supported carriers include ALLTEL, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Wireless, Dobson, ECIT, GCI, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, NTelos, Revol Wireless, Simmetry, Sprint, T-Mobile, Unicel, United Wireless, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. Service may not be compatible with all handsets.

Privacy Policy. Click here to review the ePrize Privacy Policy. You acknowledge that you have read, understand, and agree to be bound by the ePrize Privacy Policy.

Notice: If you are using ePrize for marketing purposes, please see the Commercial Terms of Service.

Welcome to ePrize, provided by ePrize, Inc. These terms and conditions apply to individual, non-commercial users. By using the Service (as defined below) and associated ePrize mobile features, you agree to be bound by the terms and conditions listed below (the “Terms”).

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE US OR PARTICIPATE IN A CLASS ACTION. IF YOU CANNOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

General Use. The ePrize service consists of mobile request features, online and mobile information aggregation and delivery services that make available information, data, text, graphics, messages and other materials from a wide variety of sources, including the Internet and third party sources (the “Service” or “Services”). Third party sources that make such information and materials available are referred to herein as “Marketers.” You understand that this Service is available for your personal, non-commercial use only. The Services are intended solely for users who are thirteen (13) years of age or older. By using the Service, you acknowledge and represent that you are 13 years of age or older and that you agree to abide by all of the Terms.

Service Limitations and Message Volume. You agree that ePrize, in its sole discretion, may establish general practices and limits concerning use of the Service. You agree that ePrize has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that ePrize reserves the right to terminate accounts that are inactive for an extended period of time, which may be determined by ePrize in its sole discretion.

Use of Information. A Marketer's campaign may ask you to provide personally identifiable information to participate in that campaign. By providing that information you agree that ePrize may store the information you provide and that the Marketer may use the information for that campaign and for future campaigns hosted by that Marketer. ePrize will not sell this personally identifiable information to other Marketers without your consent. If you participate in campaigns with other Marketers that ask you to provide personally identifiable information, ePrize may share this information with other Marketers to simplify your participation in their campaigns and enhance your experience with those campaigns.

ePrize obtains information regarding your wireless services provider through your mobile phone number. We also obtain non-personally identifiable information when you participate in a campaign sponsored by ePrize. We use this information to operate, develop and improve our services and may share it with Marketers and other third parties who engage in transactions with ePrize. Non-personally identifying information collected from one Marketer's campaign may be used to report on another marketer's campaign.

Further, Marketers may ask you to submit information about yourself if you have specifically opted-in to receive communications from such Marketers. If you choose to submit the requested information, Marketers may use this information and may share such information with third parties.

User Content and Prohibited Activity. All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. This means that as a user, you are entirely responsible for all Content that you upload, post, transmit or otherwise make available using the Service via short message service (SMS), medium message service (MMS), voice messages, live conversations, the ePrize website, the Internet or any other medium. ePrize does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ePrize be liable in any way for any Content. Further, ePrize and any of its Marketers have the right to use, edit, reproduce, distribute, display, or perform any Content you submit to the Service in any manner whatsoever.

You agree that you will not use the Service to upload, post, transmit or otherwise make available any Content:

  • That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • That contains nudity, violence, profanity, or offensive subject matter or contains a link to an adult website;
  • That harasses or advocates harassment of another person;
  • That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • That contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • That furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or creating and/or distributing computer viruses;
  • That contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or that is fraudulent or deceptive.
  • You further agree that you will not use the Services to:

  • Harm or threaten anyone in any way;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Violate any applicable local, state, national or international law, and any regulations or self-regulatory scheme having the force of law;
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
  • Collect or store personal data about other users.

You acknowledge, understand and agree that ePrize may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ePrize, its users and the public.

Moderation of Content. You acknowledge, understand and agree that ePrize and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by ePrize or submitted to ePrize.

Use of Service. For all ePrize campaigns, message and data rates may apply. Text STOP the appropriate shortcode to opt out of a campaign at any time. Text HELP to the appropriate shortcode for more information. Messages sent from automated system. Consent not required for purchase. For support, visit our Fan FAQs, or mobilehelp@eprize.com. Message frequency depends on the program, but typically no more than 8 messages per month are sent for a single campaign. Campaigns may not work with all carriers.

Sweepstakes and Promotions. ePrize sometimes assists Marketers with the set-up and administration of sweepstakes and promotions. By participating in such a sweepstakes or promotion, you are agreeing to abide by the rules of that sweepstakes and/or promotion. In addition, by participating in such a sweepstakes, you are acknowledging that ePrize accepts no liability for any claim related to compliance with sweepstakes laws and makes no representation or warranty that any sweepstakes complies with applicable law, and you release ePrize from any liability related to such a claim.

Intellectual Property. ePrize respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holders' rights. As a condition of your use of the Services, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. ePrize reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the Service, or if ePrize believes that conduct of the user or the feed is harmful to the interests of ePrize, its affiliates, or other users, or for any other reason in ePrize' sole discretion, with or without cause.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), ePrize will respond expeditiously to claims of copyright infringement committed using the Service that are reported to ePrize. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the copyright agent atquestions@eprizefulfillment.com.

Disclaimer of Warranties. THE SERVICE, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EPRIZE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EPRIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. EPRIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. EPRIZE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED VIA THE SERVICE.

If you use the Service to purchase or otherwise engage in direct transactions with Marketers, all such transactions shall be governed by the terms and conditions entered into with such Marketer. Under no circumstances shall ePrize have any responsibility or liability therefore. If you believe that a Marketer is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, you shall immediately report any such suspected violations to ePrize.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, YOUR COMPUTING DEVICE, AND YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EPRIZE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF EPRIZE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall ePrize or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Dispute Resolution. You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and/or the Services, you will send a written notice to us (“Demand”). You agree that the requirements of this section will apply even to disagreements that may have arisen before you accepted these Terms. You must send this Demand to the following address (the “Notice Address”): Legal Department, ePrize, Inc., One ePrize Drive, Pleasant Ridge, Michigan 48069. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand. If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). Review this section carefully. This arbitration provision limits your and ePrize's ability to litigate claims in court and you and ePrize each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.

You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney's fees. Please note that for any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration. We agree that we will submit all disputes with you to arbitration before the Arbitrator.

Changes in Terms and Conditions. We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that you will be apprised of any changes.

Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by ePrize.

Special Terms and Conditions. Sometimes campaigns may involve special terms and conditions that will be applied specifically to those campaigns.

Effective Date: October 15, 2013

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