TERMS AND CONDITIONS

FINDKEEP.LOVE ARCADE

 

FindKeep.Love offers an online game platform (“Arcade”) where you will get to play games to earn points that can be redeemed for prizes. Please review these Terms and Conditions for the FindKeep.Love Arcade (“Terms”) carefully to be sure that you understand them before subscribing. These Terms describe your obligations to FindKeep.Love and FindKeep.Love’s obligations to you.

 

By playing in the Arcade, you agree to these Terms as well as FindKeep.Love’s Privacy Policy https://www.findkeep.love/pages/privacy-policy and SMS Terms & Conditions https://www.findkeep.love/pages/findkeep-love-sms-terms-conditions.

 

1. Games. FindKeep.Love will host games on the arcade section of its website that you can play to earn points. At this time, FindKeep.Love is hosting the following game(s):

 

1. Window Shopping Trivia. To play Window Shopping Trivia, you will have the opportunity to answer questions to earn points. You may be presented with a video that you will have to watch in order to answer one or more questions about it. FindKeep.Love may also limit the time you have to answer any question. You will receive the number of points identified for each correct answer.
2. Memory. To play Memory, you will have the opportunity to match images during a one-minute period. You will see a number of “cards.” When you click the card, you will turn it over to see an image. To earn points, you will need to uncover a second card with the same image. If your second selection is unsuccessful, the cards will flip back over. If it is successful, the cards will remain on the image side. You earn one point for every correct match made during the one-minute period.
3. Puzzle. To play Puzzle, you need to assemble nine digital jigsaw puzzle pieces into the correct image within 45 seconds. At the end of the 45-second period, you will receive one point for each correctly placed puzzle piece.
4. Word Search. To play Word Search, you need to identify three identified words within a grid of letters. You will be provided three words and must identify them from the grid within one minute. To identify a word, you will need to click its first letter and then its last letter consecutively. You will earn one point for each properly identified word.

 

2. Prizes. Prizes can be earned by playing games, any by other methods provided by FindKeep.Love in its discretion including, but not limited to, entering sweepstakes or purchasing merchandise. FindKeep.Love will host a prize vault at https://www.findkeep.love/collections/arcade-quiz at which you can redeem your points for prizes. You can redeem prizes with points earned by playing games at the Arcade. You can redeem prizes with points earned from different games. Prize availability is limited and constantly changing. Check back regularly to see what is available. No prize is guaranteed until you receive confirmation from FindKeep.Love that you have successfully redeemed the particular prize and the points are deducted from your account. To redeem a prize, you will need to comply with two-factor authentication or such as directions as are described in the prize shop and you will need to provide shipping information (if applicable) to FindKeep.Love. FindKeep.Love will also verify that you have complied with these Terms.
1. FindKeep.Love may take up to three weeks to confirm your eligibility for a prize. 
2. Prize processing and shipping may take up to six weeks or longer.
3. You cannot reserve or claim any prize until you have secured enough points to redeem the prize. 
4. If Prizes are identified as coming from a particular brand or sponsoring company, you cannot claim more than one prize per such brand or sponsoring company during any thirty-day period. 
5. Prizes worth 100,000 points or more, can only be redeemed once a year. If you request more than one 100,000 point prize or more within the same calendar year, FindKeep.Love will inform you that you are not eligible to redeem such prize. 
1. Example: Apple iPad, Watch, Airpods or any other goods valued at 100k FKL points or more.
6. If you have redeemed an electronic gift card, the code will be emailed to the email address associated with your account.
7. You can only redeem (1) brand electronic gift card per month.

 

3. Returns; Damaged Items. We do not allow returns, exchanges, or cancelations of prizes. All redemptions are final. If you receive a damaged or defective prize or you believe that you did not receive the accurate prize, you must notify us within two weeks of receipt of the prize (which is the delivery date identified by the company we used to ship you the prize) by email at arcadeprizevault@findkeep.love. Refunds or replacements will be made solely in FindKeep.Love’s discretion. FindKeep.Love may require you to return the defective or damages prize and may reinstate the redeemed points to your Arcade account.

 

4. Account. To play in the Arcade, you will need to enter your email and zip code to create your account. Your email address will serve as your unique ID. An account, one (1) email address, can only redeem prizes per one household.  You are disqualified from being eligible for prizes to more than one (1) physical address. You must give us all the information requested and it must be accurate and complete. We cannot combine accounts. You are responsible for keeping your email (to the extent applicable) secure and are responsible for all activity in your FindKeep.Love arcade account. You cannot share your account with anyone, nor can you use anyone else’s account. If there is unauthorized use of your account, notify FindKeep.Love immediately via support@findkeep.love. You are responsible for maintaining accurate information in your account and ensuring that you can receive emails from FindKeep.Love.

 

5. Order Limitations. Prizes can only be sent to physical addresses located in the continental United States. We cannot ship to Post Office boxes. Additionally, Prizes are intended for personal use only. You are not permitted to resell any Prize. Due to processing limitations, you cannot make a prize order more frequently than once every two weeks, nor can you claim a 100,000+ point prize more frequently than once a year.

 

6. Eligibility. To play in the Arcade, you must be 18 years old or older. You cannot use an ad blocker when playing the Arcade. Any use of a bot and/or automated participation, playing, or entry is a violation of these rules and will result in disqualification and invalidation of all points at FindKeep.Love’s sole discretion.

 

7. Waiver of Warranty. Other than as set forth herein and except as prohibited by law, all Prizes are provided as-is without warranty of any kind from FindKeep.Love, express or implied, without limitation. FindKeep.Love does not assume or guarantee any warranty for any of the Prizes from third-parties. FindKeep.Love also does not represent or warrant that its website, services, emails, and other communication will be sent to you uninterrupted, error-free, secure, free of viruses or other harmful code, or that everything it sends will be complete or accurate. Your use of FindKeep.Love is at your own risk and you are responsible for any damage caused by said use. FindKeep.Love is not responsible and shall have no liability to you for computer or internet errors that affect game play.

 

8. Disclosure of Information. By playing in the Arcade, you hereby agree to FindKeep.Love’s collection, use, and dissemination of your personal information pursuant to the terms of the Privacy Policy here: https://www.findkeep.love/pages/privacy-policy Love may share your personal information (including, but not limited to, your name, address, email address, telephone number, and browsing, playing, or ordering history) with companies that sponsor the Arcade.

 

9. Entry Errors/Internet. FindKeep.Love is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible, or misdirected information you attempt to submit through our website. FindKeep.Love is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of your information, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive subscription information by FindKeep.Love on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof.

 

10. Non-Competition and Non-Solicitation. By playing in the Arcade, you agree on your own behalf and on behalf of any company or entity for which you are an employee, officer, director, manager, or member or for which you hold any other formal position not to: solicit the brands whose products are advertised in the Arcade; engage in the provision of online marketing services to the brands whose products are included in the Arcade; and/or run, coordinate, or otherwise execute an online prize redemption service. This restriction shall last for one-year from the date of the cancelation of your account.

 

11. Limitation of Liability. To the extent permitted by law, in no event will FindKeep.Love or its officers, directors, employees, or representatives be liable to any indirect, incidental, special, consequential, or punitive damages resulting from or related to your playing in the Arcade or redeeming prizes, even if FindKeep.Love has been put on notice of the possibility of such damages. FindKeep.Love will not be liable to you for the cost of replacement products, the loss of revenue, or the loss of good will. In no event will FindKeep.Love’s liability to you exceed the amount you paid for the product at issue or – if no product is at issue – $250.

 

12. Governing Law; Arbitration; Class Action Waiver. In the event of a dispute between you and FindKeep.Love, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR FINDKEEP.LOVE CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in California within one hundred miles of San Jose, California by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR FINDKEEP.LOVE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or FindKeep.Love may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. FindKeep.Love will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, FindKeep.Love may then choose to arbitrate and you agree that in so doing, FindKeep.Love will not have waived any rights. Any action brought in a court against FindKeep.Love shall be brought in the State Courts of California in Santa Clara County or in the federal court in the Northern District of California and you and FindKeep.Love both agree to be subject to personal jurisdiction in the State of California. Except where otherwise indicated, the laws of the United States and California govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration.

 

13. Severability. If any provision(s) of these Terms is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

 

14. Miscellaneous.

 

1. UPDATES: FindKeep.Love reserves the right to update or modify these Terms at any time with or without notice by posting them at https://www.findkeep.love/pages/arcade-terms-conditions.

 

1. THIRD-PARTY FEES: You may be charged for visiting our website in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.

 

1. INDENMIFICATION: You agree to defend, indemnify, and hold harmless FindKeep.Love, and its affiliates, directors, officers, employees and agents from and against all claims, damages, losses, liabilities, and expenses (including legal fees an costs) incurred with regard to defending or investigating any claim brought or asserted by any third party that (a) alleges facts or circumstances which – if true – would be a violation by you of any provision of these Terms; (b) claiming injury, death, property damage, or other damage arising from the use or misuse of any produce purchased by you from FindKeep.Love; (c) arising from your related to any party’s access to your email ID and account on FindKeep.Love or an affiliated website; or (d) arising from your use or misuse of FindKeep.Love’s products or services, and/or any game in the Arcade or Prize awarded. FindKeep.Love has the full, sole, and absolute discretion to control the disposition of any such claim at your sole cost and expense and you cannot settle any such claim without FindKeep.Love’s express written consent.

 

1. FORCE MAJEURE: Under no circumstances shall FindKeep.Love or any of the companies or individuals who provide the Prizes, or any affiliated persons or entities, be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond their reasonable control.

 

1. NO WAIVER; SEVERABILITY: No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of FindKeep.Love to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

 

1. SUCCESSORS AND ASSIGNS: These Terms bind and inure to the benefit of the successors and assigns of FindKeep.Love’s and the companies or individuals who provide the Prizes.