Terms of Service
Last updated: May 20, 2021
1. Eligibility and Acceptance
- Reside in the United States or any of its territories or possessions; and
- Are 18 years of age or older.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with Piñata, are not associated with a company providing similar services, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Updates to the Terms
3. Accessing the Services; Account Registration and Security
4. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Piñata, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may download a single copy of any mobile application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials of the Services.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Piñata. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The Piñata name, marks including the Piñata logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Piñata. You must not use such marks without the prior written permission of Piñata. All other names, logos, product and service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners.
5. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that competes with our business of providing an online platform for facilitating transactions and communications between landlords (or their authorized rental property managers) and tenants.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any mass advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Piñata, a Piñata employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Piñata or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
6. User Submissions
- You own or control all rights in and to your User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Submissions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not Piñata, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Services.
7. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
- Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Piñata.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any violation of these Terms of Service.
- Terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS PIÑATA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Content Standards
These content standards apply to any and all User Submissions and use of Interactive Services. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data or other information that is not lawfully provided to us.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Copyright Infringement
We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: Copyright Agent Piñata Global, Inc. email@example.com If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
10. Reliance on Information
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user (whether registered or a guest) of the Services, or by anyone who may be informed of any of its contents. The Services include content provided by third parties, including materials provided by credit reporting and background check services, financial services, insurance brokers and carriers, other third party service providers, retailers, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Piñata, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Piñata. We are not responsible, or liable to you or any third party, for the content or accuracy of any information, data or other materials provided (whether directly or indirectly) by any third parties.
11. Updates to the Website
We may update the content on our websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on any website may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Use of the Services
13. Online Purchases and Pricing
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Services, or resulting from visits made by you, are governed by the terms applicable to the corresponding marketplace. You are responsible for reviewing and agreeing to such terms. If you do not review or do not agree with the applicable terms for online purchases, do not make any purchases through the Services. You acknowledge that pricing with respect to the Services, and pricing of goods, services, or information formed through the Services, may be modified or introduced at any time.
14. Links from the Services; Third Parties
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for, and privacy policies applicable to, such websites. We also use various third-party service providers in connection with the Services. You will comply with, and you acknowledge that you are subject to, all terms and conditions of use for, and privacy policies appliable to, all third parties whose services interoperate with, support, or are otherwise accessed from, the Services.
15. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. You are not permitted to access the Services from outside the United States.
16. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or otherwise through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY WEBSITE LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE WEBSITES, THEIR CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PIÑATA NOR ANY PERSON ASSOCIATED WITH PIÑATA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PIÑATA NOR ANYONE ASSOCIATED WITH PIÑATA REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITES, THEIR CONTENT, OR ANY FUNCTIONS, INFORMATION, DATA OR OTHER ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY OTHER FUNCTIONS, INFORMATION, DATA OR OTHER ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, PIÑATA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Additional Disclaimers Relating to Credit Reporting
Further, without limitation of any other disclaimer herein, (i) Piñata makes no representation or warranty, and expressly disclaims all liability, as to credit reporting (including, without limitation, credit scores and the provision of information relating to, or otherwise affecting credit scores); (ii) each landlord and each rental property manager, and not Piñata or any third party, is responsible for (a) ensuring that such landlord or rental property manager may lawfully offer credit reporting and (b) properly providing any credit reporting to tenants or any other partis; and (iii) by using the Services, each landlord and each rental property manager represents and warrants that it has satisfied, and shall at all times satisfy, all requirements of state, local and other applicable law with respect to credit reporting, including, without limitation, reporting rent payments to credit bureaus and other third parties.
17. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PIÑATA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Piñata, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Submissions, any use of the Services’ content, functions, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
ARBITRATION AND CLASS ACTION WAIVER — IMPORTANT — PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
19.1 ARBITRATION; WAIVER OF TRIAL BY JURY
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
19.2 Small Claims Court; Class Action Waiver
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
19.4 30-Day Opt-Out Period
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
20. Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Waiver and Severability
No waiver by Piñata of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Piñata to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. With the except of the provisions of the Disputes section as contemplated in Section
19.5, if any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
22. Entire Agreement
23. Your Comments and Concerns
The Services are operated by Piñata Global, Inc. 28 Clinton Street, Newark, NJ 07102. All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms of Service in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org
2. The Piñata Platform
2.1 Property managers
The Piñata Platform may allow landlords and rental property managers (“Property Managers”) to manage and lease rental properties. Property Managers may create customizable rewards of Piñata Cash for Tenants through the Piñata Platform (detailed below).
The Piñata Platform gives property renters and potential renters (“Tenants”) the ability to pay rent for rental properties and communicate with Property Managers. Tenants may be able to earn rewards, receive retailer discounts and other perks through the Piñata Platform (detailed below).
2.3 Relationship of the parties
The Piñata Platform is offered by Piñata as an intermediary service to facilitate communication and transactions between Property Managers and Tenants. In providing services through the Piñata Platform, we do not act as a real estate broker, property manager, maintenance or repair service provider, payment processor, legal advisor, money transmitter, payment manager, or credit reporting agency.
Piñata does not guarantee any results from using the Piñata Platform. Piñata does not independently verify any Tenant or Property Manager, and does not perform credit or background checks, and does not make any representations or warranties as to the quality of any Tenant or Property Manager. We do not control the contents of and are not responsible for the content or accuracy of information in any credit report, background check report, or credit score reports obtained through the Piñata Platform, whether correct or incorrect.
Piñata does not act as an attorney or provide any legal advice to Tenants or Property Managers.
By accepting these terms, You agree that Piñata is acting as an independent contractor with respect to the Piñata Platform. Neither Tenants nor Property Managers shall be considered an employee or agent of Piñata or have any authority under this Agreement to bind or otherwise obligate Piñata on any matter whatsoever.
Nothing contained in this Agreement shall be construed to imply a partnership, agency, or any other fiduciary relationship between Piñata, the Piñata Platform, any Tenant, and any Property Manager. Piñata will not be bound by the terms of any lease or other agreement entered into between a Tenant and Property Manager and will not be liable for any breach of such agreement by either a Tenant or Property Manager.
In facilitating the generation and delivery of communications, including emails, notices, and text messages, between Property Managers and Tenants, in connection with the provision of property management services, including rent collection and maintenance services, Piñata is merely acting as a third-party service provider and in forwarding any communications to Tenants on behalf of Property Managers, and is not acting as a debt collector or agent on behalf of any Property Manager.
In providing the functions through the Piñata Platform, we make no rental decision regarding any application for housing, and we are not the party determining the nature or amount of any outstanding lease obligation, including rental amounts, fees, deposits, etc.
2.4 Integration with third-party services
To provide certain functionality through the Piñata Platform, we may provide integration with third-party service providers for providing services on our platform. By using the Piñata Platform, You acknowledge that we will share your user information in order to create required accounts with our partner services.
3. Accounts and Registration
To use the Piñata Platform, You must be a registered user. You agree to only use the Piñata Platform in connection with residential rental property transactions and certain third-party services that may be provided through the Piñata Platform.
Only actual tenants and prospective tenants may set up or use a Tenant account. Actual tenants and prospective tenants may set up or use only one Tenant account per person. Only rental property managers, landlords, and owners of rental property for listing may set up or use a Property Manager account. Third parties, including brokers, may not submit rental applications on behalf of prospective tenants and may not configure, authorize, or initiate rent payments, submit credit or background check report orders, or conduct other transactions on behalf of tenants or prospective tenants, even if the tenant or prospective tenant has given their permission.
In addition, You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these terms. You may not (i) select or use as a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than you without appropriate authorization; (iii) use as a username, a name that is otherwise offensive, vulgar or obscene; (iv) register for or otherwise obtain, control or operate more than one account; (v) refer more than one email account owned, controlled or operated by You to the Piñata Platform; (vi) register for an account with false information, in a fraudulent manner or using information created solely for registration with us or other online services or (vii) evade any of the requirements set forth in the Platform Terms. We reserve the right to refuse registration of an account, or suspend or delete an account, in our sole discretion. You are solely responsible for the activity that occurs on Your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of Your account.
We may terminate and remove Your account at any time, without notice, in the event that You breach any of these terms.
To use certain features of the Piñata Platform, including identity verification, credit report, background check, and payment services, You will be required to verify your identity with our third-party vendors.
You must provide your full legal name, a valid email address that has not been created solely or primarily for access to the Piñata Platform, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address and other contact information up to date, so we can send You important notices.
If You are a Property Manager processing rental and other payment transactions through the Piñata Platform, You must provide your legal name and/or legal business entity name, your personal or your business contact information, and your social security or taxpayer identification number(s) if requested. We will collect and maintain that information, as well as your account information and the amount of payments and number of payment transactions You or your business processes through the Service, so that your payments can be reported to the Internal Revenue Service when we are required by law to do so.
4. Use of the Piñata Platform
By using the Piñata Platform, You agree to:
- Use the Piñata Platform in compliance with all applicable laws, and all legal notice and disclosure requirements as provided in agreements of third-party service providers providing services through the Piñata Platform (detailed below), such as payment processors, insurance carriers, marketplace partners, and credit reporting agencies, including, without limitation, the Fair Credit Reporting Act and the Fair Housing Act.
- Comply with the terms and conditions of all of Piñata’s third-party service providers.
- Use the Piñata Platform only on your own behalf, and not transmit or resell any information or services available through the Piñata Platform to third parties.
- Provide us, upon our request, with the details of all transactions processed by You through the Piñata Platform.
- Use the Piñata Platform only in connection with properties located within the United States
- Use only payment methods issued in the United States.
- Charge a Tenant rent and fees related to property rental only as legally authorized under a written agreement between You and a Tenant.
- Not add any tax or other surcharge to rent amounts specified in the Piñata Platform.
- Not use the Piñata Platform to transfer money in violation of any money laundering laws, including the Bank Secrecy Act, or any regulations of the US Treasury’s Office of Foreign Assets Control or the Federal Trade Commission.
- Comply with any transaction limits as may be set by Piñata for the platform from time to time.
- Not require a Tenant to provide any banking or other sensitive financial information directly to You.
- Not submit a request for payment through the Piñata Platform for any fee incurred by a Tenant at a time prior to use of the Piñata Platform, or otherwise to settle outstanding debts, or as otherwise prohibited by local laws.
- Not submit any false or fraudulent information through the Piñata Platform or otherwise to us, or otherwise use the Piñata Platform or any of our other products or services for false or fraudulent purposes.
- Not rely on any feature of the Piñata Platform in lieu of legal advice from a licensed attorney.
- Not use the Piñata Platform to discriminate against anyone based on race, color, national origin, religion, sex, disability, or the presence of children, or decline or treat a Tenant differently based on any other class protected by the laws of your state and municipality (e.g., sexual orientation, gender identity, military status or marital status).
- Not to share an application created through the Piñata Platform (including any related credit reports or background checks) with any third party, or otherwise provide any portion of an application outside of the Piñata Platform.
- Not attempt to circumvent, or encourage anyone else to circumvent, the Platform Terms.
- Allowing Piñata to keep and track data on your use within the application.
- Use only one account and only one name for Piñata Platform.
- Not use the Piñata Platform by means of multiple accounts, multiple email addresses or multiple sets of information provided to the Piñata Platform, or email addresses or other information created solely to access the Piñata Platform or other online sites.
If you have any question about the fair housing laws and housing discrimination in general, please contact your local fair housing agency or the U.S. Department of Housing and Urban Development. A list of all fair housing groups is available at the Housing Rights Center’s website at hud.gov.
5. Piñata Cash
“Piñata Cash” is an online, redeemable credit system that may be used or redeemed to obtain certain products, benefits, and features we may offer through the Piñata Platform. An amount of Piñata Cash may be associated with a user’s account and (a) may be awarded to users for free, or in exchange for referring the Piñata Platform to others, in connection with certain promotional offerings; (b) may be awarded by Property Managers to Tenants in connection with making rent payments and meeting other criteria; and (c) may be awarded in connection with making certain types of Product purchases through the Piñata Marketplace.
We may, in our sole discretion, review how You earn Piñata Cash and engage in other activities in the Piñata Platform, including, without limitation, to confirm the validity of Piñata Cash awards. We reserve the right to limit and otherwise adjust the amount of Piñata Cash that You can be awarded, accumulated, or redeemed over any given period of time. We, in our sole discretion, determine how Piñata Cash may be awarded or redeemed through the Piñata Platform and we may reject awards and redemptions of Piñata Cash and any other reward fulfillment.
We reserve the right to terminate your access to Piñata Cash in your account if we determine, after investigation, that You have acquired the Piñata Cash in connection with any fraudulent or illegal activity.
We reserve the right to modify or terminate the Piñata Cash system (including, without limitation, any rules regarding use or access thereto) at any point in time.
6. Piñata Marketplace
READ THESE TERMS CAREFULLY BEFORE YOU START TO USE OR MAKE ANY PURCHASES THROUGH THE PIÑATA MARKETPLACE.
The Piñata Platform provides access to an online third-party product marketplace (the “Piñata Marketplace”). The Platform Terms govern your use of and any purchases that You make through the Piñata Marketplace service available through the Piñata Platform.
We are not responsible for examining or evaluating, and we do not warrant, any Product offerings of any Retailers. Piñata does not assume any responsibility or liability for the actions, product, and content of all these Retailers and any other third parties. You should carefully review their privacy statements, selling policies, and other conditions of use.
6.1 Marketing communications
By establishing an account with Piñata or by making a purchase through the Piñata Marketplace, You grant us permission to contact You at your email address and phone number and send You marketing content related to the Piñata Marketplace, our affiliates, and our business partners. You can opt-out of receiving our marketing content following the opt-out procedures set forth in such marketing content.
6.2 Marketplace use
Piñata may exclude any buyer, including You, from making purchases in the Piñata Marketplace at any time and for any reason. Resellers may not purchase Products in the Piñata Marketplace and we reserve the right, in our sole discretion, to cancel such purchase.
6.3 Piñata Cash rewards
You may receive offers from us or from Retailers to receive rewards of Piñata Cash on the successful purchase of certain Products in the Piñata Marketplace. Piñata Cash You earn through the Piñata Marketplace will be associated with your user account.
6.4 Product information
Any information about and descriptions of Products for purchase from Retailers through the Piñata Marketplace (“Product Information”) may be based on information provided to us by Retailers. We do not warrant the accuracy, completeness, or usefulness of this information. There may be information accessible through the Piñata Marketplace that contains typographical errors, inaccuracies, omissions, and other types of errors, including, without limitation, errors that relate to descriptions of Products, pricing, promotions, offers, minimum order amounts, delivery times, and Product availability. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user of the Piñata Platform, or by anyone who may be informed of any of its contents.
6.5 Purchase processing
When You submit an order for Product through the Piñata Marketplace, You are entering into a binding agreement to purchase the Product directly from the Retailer through our third-party payment processors (see details below).
Delivery of any Products You purchase through the Piñata Marketplace, if applicable, is made by the Retailer seller and not Piñata. You agree that we have no obligation to deliver any Product You purchase through the Piñata Marketplace. You agree that we may provide to the Retailer your street address, email address, name, and phone number for supplying to You the Product You purchase from the Retailer through the Piñata Marketplace.
ANY CLAIMS RELATED TO THE DELIVERY OF A PRODUCT, INCLUDING CLAIMS THAT THE PRODUCT WAS NOT DELIVERED, CLAIMS OF DAMAGE TO PROPERTY, OR CLAIMS RELATED TO PRODUCT QUALITY OR SUITABILITY ISSUES MUST BE HANDLED SOLELY BETWEEN YOU AND THE APPLICABLE RETAILER. YOU ARE RESPONSIBLE FOR MAKING ANY CLAIMS DIRECTLY WITH THE RETAILER AND AGREE THAT YOU WILL NOT SEEK TO HOLD PIÑATA RESPONSIBLE FOR ANY OF THE FOREGOING CLAIMS.
6.7 Changing or cancelling marketplace orders
Piñata is not responsible for the fulfillment, modification, cancelling, or return of any orders placed with a Retailer through the Piñata Marketplace. Once You have placed an order for a product in the Piñata Marketplace, the Retailer will handle all aspects of the order fulfillment, including changes to orders (if available), and processing of returned orders. Piñata will not change or cancel any order made by You, including any change to delivery address or billing information. You will need to contact the Retailer for any changes or cancellations that You wish to make to your order or to process any returns. The Retailer’s contact information may be found in the email sent to You confirming your order.
Piñata, in conjunction with a third-party processor, offers a feature to facilitate payment of rental amounts and other sums due in accordance with written agreements for rental property between Tenants and Property Managers and between buyers and Retailers in the Piñata Marketplace.
You agree to pay all charges incurred by You or on your behalf through the Piñata Platform, at the prices in effect when such charges are incurred. If Piñata changes the fees for all or part of the Piñata Platform, including by adding fees or charges, Piñata will provide You advance notice of those changes. If You do not accept the changes, we may stop providing the applicable part of the Piñata Platform to You. Piñata’s third-party payment processors will charge the payment method You specify at the time of purchase.
Tenants may initiate one-time and recurring payments through the Piñata Platform. You authorize Piñata and its third-party processors to charge all payments as described in these Platform Terms, for the Piñata Platform, to your chosen payment method. If You pay with a credit card, Piñata’s third-party payment processors may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Property Managers and Tenants using the rental payments feature may be required to set up an account with a third-party payment processor, in accordance with their terms of service, in order to receive payments through the Piñata Platform.
If any payment You initiate using the Piñata Platform does not successfully complete, the intended recipient reserves the right to seek payment from You via or outside the Piñata Platform. Any authorization You provide to make repeating automatic payments using the Piñata Platform will remain in effect until cancelled.
When submitting a payment, including for scheduled payments, You may be asked to supply certain relevant information, such as your debit or credit card number and its expiration date, checking account information, and/or billing address. By submitting such information, You: (i) represent and warrant that You have the right to use any payment method that You submit through the Piñata Platform; and (ii) grant to Piñata the right to provide such information to third parties for purposes of facilitating the transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction.
By making or receiving payments through the Piñata Platform, You grant Piñata and our third-party payment processors the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant institution, and to charge your account in the amounts specified in the Piñata Platform. You agree to your personal and financial information being transferred, stored, and processed by our third-party payment processors.
Piñata does not hold any money You transfer through the Piñata Platform and Piñata is not responsible for unsuccessful transmission, sourcing, or use of any funds by the recipient.
You agree that all payments made through the Piñata Platform are final, and You will not challenge or dispute the charge with your bank. If You initiate a dispute with Your bank, You agree that You will be held responsible for any outstanding balance owed to us (or other payee), plus any dispute case fees charged by the payee’s bank. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and You agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that You owe.
If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or payment dispute of a payment made through the Piñata Platform to You, You authorize Piñata and our third-party payment processors to reverse or otherwise debit the funds from your account. In the event we are unable to reverse or otherwise debit funds from your account, You agree promptly to deposit such funds upon our request.
We may also initiate a reversal, or take other actions we determine to be appropriate, if, in our reasonable opinion, fraud or abuse of the Piñata Platform has occurred. Additionally, we may choose to implement a chargeback or reversal fee in the case of unsuccessful payment, in which case we will provide You prior notice of the amount to be charged.
We do not provide any refunds and do not guarantee any result using the Piñata Platform, including, but not limited to, receiving an application, an application being accepted, or a Property Manager electing to accept payments through the Piñata Platform.
8. Modifications and Terminations
Without limitation of our other rights, we may introduce, modify any content, materials, features, pricing or other elements of the Piñata Platform (expressly including, without limitation, the Piñata Marketplace and rewards) at any time in our sole discretion, without notice. We may also terminate the Piñata Platform (expressly including, without limitation, the Piñata Marketplace and rewards) at any time in our sole discretion, without notice. You shall not retain any rights that may have arisen prior to modification or termination, except to the extent expressly required by applicable law.
PIÑATA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY RENTAL PROPERTY AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE RENTAL PROPERTY; AS TO THE ADVERTISED AVAILABILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A RENTAL PROPERTY APPEARING ON THE PIÑATA PLATFORM. PIÑATA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. PIÑATA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE PLATFORM OR IN ITS CONTENT. ALL RENTAL PROPERTIES ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A RENTAL PROPERTY MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE PROPERTY. PIÑATA DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE SERVICES FOR LISTING AND LEASING OF RENTAL PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE YOUR RENTAL PROPERTY, OBTAIN AN ACCEPTABLE RENT FOR YOUR RENTAL PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
“Max Smash” Sweepstakes
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Max Smash” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America and shall only be construed and evaluated according to applicable U.S. law and applicable state law. Do not enter this Sweepstakes if you are not located in the United States or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Sweepstakes is sponsored by Piñata Global, 131 Varick Street #1013, New York, NY 10013 (the “Sponsor”).
The Sweepstakes is open to legal residents of the United States of America who are at least eighteen (18) years of age or have reached the age of majority in their respective state/province of residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
Agreement to Official Rules
By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
How to Enter
The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on February 11, 2021 and ends at 11:59:59 p.m. ET on February 28, 2021 (“Sweepstakes Period”). Entrants will automatically receive five (5) entries by signing up for a Piñata+ monthly subscription within the sweepstakes period. Maximum of five (5) entries per Entrant. Entrants who already have a Piñata+ monthly subscription will automatically receive five (5) entries. NOTE: Entrant must keep their account active throughout the Sweepstakes Period in order to obtain the five (5) entries. If an account is cancelled during the Sweepstakes Period, the entries associated with the account will be forfeited.
Entrants can also obtain Sweepstakes entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, date of birth, email address, and a brief description (at least 25 words) on what winning the Grand Prize would mean to you, mailing the card in a #10 business-sized envelope, with proper postage affixed, to: Piñata Max Smash Sweepstakes, PO Box 953, Cheshire, CT 06410 (the “Mail-In Entry”). All entries must be postmarked by February 27, 2021 and received by March 4, 2021. Each mail-in entry received with be worth five (5) Sweepstakes entries. **NOTE: Mail-in entry card and envelope must be hand-printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
LIMIT FIVE (5) ENTRIES PER ENTRANT, REGARDLESS OF METHOD OF ENTRY. To be valid, each entry must provide all requested information. The Released Parties are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By entering the Sweepstakes, Entrants acknowledge their automatic opt-in to the Sponsor’s email database. All subsequent emails from the Sponsor will have an unsubscribe/opt-out option.
If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Release and Limitations of Liability
By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Drawing and Notification
The potential Grand Prize Winner will be selected in a random drawing conducted by the Administrator. The Grand Prize drawing will be conducted on or about March 5, 2021. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winner will be contacted by the Sponsor or Administrator via email.
There will be one (1) Grand Prize awarded. The Grand Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a $1,000 cash award/check (“Prize” or “Grand Prize”). All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winner. No substitution of any of the Prizes will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value.
Additional Prize Conditions
By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim the Prize.
Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting
The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New York; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
Winners List Request
To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business-size envelope, by April 20, 2021 to: ASC/VS-Piñata Max Smash Sweepstakes Winners List Request, 300 State St. Suite 402, Rochester, NY 14614.
This Sweepstakes is not sponsored, endorsed by, or affiliated with Apple Inc. or Google.