Please review our Official Rules and Privacy Policy which also govern your visit to our site(s) to understand our practices.
Please read the following General Website Terms of Service (this “Terms of Service”) carefully before opening a Bid4Prizes membership account (“Account’), using Bid4Prizes.com (the “Site”) or the various services we provide, including, but not limited to providing Downloads (defined below) and Contests (defined below) and awarding prizes to winners of Contests (collectively, the “Services”), so that you are aware of your legal rights and obligations with respect to New Motion, Inc. and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “New Motion”).
BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, INCLUDING AGREEING TO PARTICIPATE IN A CONTEST, YOU (1) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS GENERAL T&CS; AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO USE THE SITE OR THE SERVICES OR TO CREATE AN ACCOUNT.
EACH CONTEST HAS ITS OWN TERMS AND CONDITIONS. BY PARTICIPATING IN A CONTEST, YOU AGREE TO THE SPECIFIC TERMS AND CONDITIONS OF THAT CONTEST IN ADDITION TO THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AND THE BID4PRIZES PRIVACY POLICY. PLEASE CAREFULLY READ THE SPECIFIC TERMS AND CONDITIONS OF THE CONTEST YOU ARE ENTERING AS WELL AS THE REST OF THIS TERMS OF SERVICE AND THE BID4PRIZES PRIVACY POLICY BEFORE PARTICIPATING IN THE CONTEST.
Our business changes constantly, and our Privacy Policy Official Rules and Terms of Service change also We may e-mail, text or in other ways provide periodic reminders of changes to our policies but you should check our Web site frequently to see recent changes. Bid4Prizes has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions.
Bid4Prizes reserves the right to change, modify, suspend or discontinue any portion of this Site or any Contest at any time. Bid4Prizes may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.
1. Description of Services
Bid4Prizes provides a daily reverse auction game where the user attempts to get the lowest unique bid for any prize and thereby can win the given prize at the end of the auction. The user will also receive points for every bid submitted to Bid4Prizes, these points may be turned in for prizes by visiting the store at www.bid4prizes.com. Bid4Prizes also provides a variety of other related products and services including but not limited to an Arcade.
You may become a Standard Member of Bid4Prizes at no cost. As a Standard Member, you will have the ability to participate in some, but not all, of the features and services available within the Site. As a Standard member you can have up to 20 advertiser supported bids per day on the Bid4Prizes Site. Standard Members cannot bid via text message, but can login to the web site to track points, play the arcade and redeem points for prizes. In order to bid via text message you must become a Premium Member. Premium Members get a total of 20 text message or online bids per day without advertisements and can also login to track points, play the arcade, and redeem points for prizes. Premium Membership is a monthly automatic renewal subscription service. The $9.99 monthly fee is charged automatically to your wireless phone bill each month on the anniversary of your enrollment unless you cancel. Monthly subscription fees are charged whether or not you actually bid for prizes or otherwise use the site during the month. You may cancel the Premium Membership at any time by sending a text message “STOP” to 81000. Monthly fees are not refundable and will not be pro-rated in the event of a cancellation request is received after the fee for that month has been billed. Additional disclosures regarding the Premium Membership subscription plan contained in the Official Rules are deemed as part of these Terms of Service.
2. Privacy
Your privacy is very important to us at New Motion. Personal information that we collect from you will be governed by the Bid4Prizes.com Privacy Policy which is incorporated by reference into these Terms of Service and which are available at: http:/Iwww.bid4prizes.com/privacy.aspx
3. Limited License
Bid4Prizes grants you a limited license to (i) access and use the Site and the Services, and (ii) use Downloads solely for your own personal use on your mobile device you designate to receive such Downloads. This license does not allow you to make any commercial use or any derivative use of the Site, the Services, or the Downloads (including any individual elements or content).
4. Use of Materials
All materials transmitted or published by Bid4Prizes on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the “Materials”) are owned or controlled by New Motion, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.
5. Accounts and Security
To use aspects of the Site or the Services, you must register with Bid4Prizes to open an Account. As part of the registration process, each user will select a password and user name. You shall provide Bid4Prizes with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) selector use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that New Motion, in its sole discretion, deems inappropriate or offensive; (iv) assign more than one mobile phone number to your Account; or otherwise (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.
You agree to notify Bid4Prizes of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name and password.
Bid4Prizes may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that Bid4Prizes believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by Bid4Prizes (including, but not limited to violation of any terms and conditions of any Contest); or (iii) harmful to other users, third parties, or the business interests of New Motion. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against New Motion, or a claim which in any way involves New Motion, then Bid4Prizes may terminate your Account. Upon termination of your Account by Bid4Prizes for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Bid4Prizes will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
6. Your Promises
You promise that you will not:
- remove any proprietary notices from this Site, the Downloads or any copy thereof;
- cause, permit or authorize the modification, copying, creation of derivative works, or translation of this Site or the Downloads without the express permission of New Motion;
- export or re-export the Downloads in violation of United States export laws;
- use this Site or the Downloads for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
- access, create or modify source code of the Downloads in any way;
- use the Site or the Downloads to, or in any way that would, violate any applicable law, regulation or ordinance;
- sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, password, or Downloads, including, without limitation, on or through the use of any third party web site or service;
- use the Services or this Site for fraudulent purposes;
- attempt to decompile, reverse engineer, disassemble or hack this Site, the Services or Downloads, or to defeat or overcome any encryption and/or digital rights management technology implemented by Bid4Prizes with respect to this Site, the Services, the Downloads and/or data transmitted, processed or stored by New Motion, this Site or the Services;
- take any steps to interfere with or in any manner compromise any of New Motion’s security measures or gain access to New Motion’s systems or accounts;
- harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
- use this Site or the Downloads to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person’s use of the Site or the Downloads.
Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, Bid4Prizes may immediately terminate your Account, (ii) you immediately forfeit all prizes you may have won participating in a Contest, and (iii) you may be subject to civil and/or criminal prosecution.
7. Shipping Payments and Giveaways
You acknowledge that, with the exception of the free Downloads discussed below, you must pay for any shipping charges, and other charges you acquire through this Site through a credit card, a charge to your mobile phone account, or any other acceptable method of payment you provide to Bid4Prizes. When you purchase a product, or receive a free product you authorize Bid4Prizes to charge the fee for the shipping and any applicable taxes Bid4Prizes is required to collect to the credit card number, your mobile phone account or other acceptable payment method you provide to New Motion. If Bid4Prizes is unable to process the fee to the payment method you provided, Bid4Prizes may immediately terminate your Account. Bid4Prizes reserves the right to change the fees charged for shipping and payment methods at any time. All shipping fees are stated in U.S. dollars. You may terminate your Account at any time, however, you will not be refunded any shipping fees already paid to Bid4Prizes upon such termination.
Bid4Prizes may offer free products or free trials of products through this Site from time to time, including, without limitation, as a premium for participating in a Contest. Bid4Prizes reserves the right to terminate such free product promotions at any time, in its sole discretion, for any reason or no reason at all, with or without prior notice to you.
You are responsible for and agree to pay all charges incurred, including applicable taxes, by you or anyone you allow to use your Account.
8. Disclaimer
THIS SITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BID4PRIZES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, BID4PRIZES DOES NOT WARRANT THAT THIS SITE, THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE DOWNLOADS AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE DOWNLOADS REMAINS WITH YOU TOTHE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
9. Limitation of Liability
IN NO EVENT SHALL BID4PRIZES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY MOTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF BID4PRIZES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
10. Links to Third Party Sites
The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Bid4Prizes in any manner whatsoever. Therefore, Bid4Prizes is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Bid4Prizes is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Bid4Prizes of any linked site and/or any of its content therein.
11. Term of Use
The license for use of this Site or the Downloads is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by Bid4Prizes to effect such termination. Sections 4, 6, and-8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads.
12. Your Representations and Warranties
You represent and warrant that:
- you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
- you will use this Site and the Downloads for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies;
- you will only use this Site and the Downloads on a computer on which such use is authorized by the computer’s owner; and
- you are over 13 years of age.
13. Indemnity
You agree to indemnify, defend and hold harmless New Motion, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) Violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services, the Contests or the Downloads.
14. Notification of Copyright Infringement
Bid4Prizes may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Bid4Prizes to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Bid4Prizes will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify New Motion’s Copyright Agent identified below.
A notification of claimed infringement must be a written communication addressed to the Bid4Prizes Copyright Agent set forth below (the “Notice”), and must include the following:
- a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed;
- a description of the exact name of the infringing work and where the infringing work is located on the Site;
- information sufficient to permit Bid4Prizes to contact you, such as your physical address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
15. Dispute Resolution/Choice Of Law:
Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof. shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted at facilities maintained by the American Arbitration Association for that purpose in Irvine. California. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self executing. and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement.
Except where prohibited. participants (and participants parent/legal guardian if participant i a minor) agree that: (a) any and all disputes. claims. and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of California and (b) any and all claims judgments and awards shall be limited to actual out-of-pocket costs incurred. including costs associated with participating in this Promotion but in no event attorneys’ fees: and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and/or Releasees in connection with this Promotion, shall be governed by and construed in accordance with the laws of the State of California without regard for conflicts of law doctrine of any jurisdiction.
16. Bid4Prizes – Return Policy
Limited 30-Day Return Policy: Items may be returned for a replacement or refund within 30 days from original shipment date.
If you are not satisfied with your item, you may return it in new condition, within limits stated above. We will exchange the item or give you full credit or a refund for the purchased price of the item by your original method of payment. Please allow up to 20 calendar days from the time you return your package for your return to be credited or exchange completed.
Please Note:
Replacements are subject to availability. In the event that the item you requested for a replacement is no longer available, a refund will be processed as stated below.
Refunds will be processed in the form of payment used on the original order. For credit card refunds, please allow 1 or 2 billing cycles for the credit to appear on your statement.
Refunds will include total purchase price, including shipping & handling.
We cannot accept COD returns.
17. b4p Shipping Policy
b4P offers shipping in the United States, including Hawaii, Alaska, District of Columbia, and Puerto Rico. We are not able to offer international/overseas shipping at this time.
