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Legal

Terms of Service

Last updated: March 1, 2025  ยท  Effective: March 1, 2025

๐Ÿ“Œ Plain-English Summary: You must be 18+, one account per person, don't cheat or manipulate draws, all prizes are real cash via Stripe, and we can terminate accounts that violate these rules. This is a free-to-use platform โ€” no purchase ever required.

Table of Contents
  1. Acceptance of Terms
  2. Eligibility
  3. Account Registration
  4. Platform Rules โ€” Users
  5. Platform Rules โ€” Advertisers
  6. Prize Draws and Payouts
  7. Coupons
  8. Intellectual Property
  9. Disclaimer of Warranties
  10. Limitation of Liability
  11. Termination
  12. Governing Law
  13. Changes to Terms
  14. Contact

1. Acceptance of Terms

By downloading, installing, or using the AdSmartly mobile application or website (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. These Terms constitute a legally binding agreement between you and AdSmartly Inc. ("AdSmartly," "we," "us," or "our").

2. Eligibility

To use AdSmartly, you must:

  • Be at least 18 years of age
  • Be a legal resident of a US state where sweepstakes participation is permitted
  • Not be an employee, officer, director, or immediate family member of AdSmartly Inc. or any participating advertiser
  • Not be a resident of Florida, New York, or any other state with specific sweepstakes restrictions that would prohibit your participation (see Sweepstakes Rules for full list)

โš ๏ธ Void where prohibited by law. It is your responsibility to determine whether sweepstakes participation is legal in your jurisdiction. AdSmartly does not guarantee availability in all locations.

3. Account Registration

You may register one (1) account per person. Multiple accounts are strictly prohibited and will result in immediate disqualification from all draws and permanent account termination. You are responsible for maintaining the security of your account credentials. You must provide accurate information during registration, including your legal name and valid payment information for prize receipt. AdSmartly reserves the right to verify your identity before processing any prize payout.

4. Platform Rules โ€” Users

Permitted use

You may use AdSmartly to watch advertisements, answer quiz questions, earn draw entries, and redeem coupons for personal, non-commercial purposes.

Prohibited conduct

You may not:

  • Use bots, scripts, automated tools, or any artificial means to simulate ad views or quiz completions
  • Create multiple accounts or share accounts with other persons
  • Manipulate the Energy System or any gamification element through exploits
  • Attempt to reverse-engineer, decompile, or tamper with the Platform
  • Share, sell, or transfer draw entries or coupon codes to other persons
  • Provide false information to claim prizes or verify identity
  • Use VPNs or location-spoofing tools to access geographic tiers you are not eligible for

Violation of any prohibition may result in immediate account termination and forfeiture of all draw entries and prizes.

5. Platform Rules โ€” Advertisers

Advertisers agree to: provide accurate business information, ensure all ad content is truthful and compliant with applicable advertising laws, honor all coupons and offers presented to users who redeem them, and pay all campaign charges in a timely manner. Advertisers may not advertise illegal products or services, adult content, gambling, tobacco, or any product or service prohibited by applicable law. AdSmartly reserves the right to reject or remove any advertisement at its sole discretion without refund if the content violates these Terms or our Advertising Standards.

6. Prize Draws and Payouts

All prize draws are conducted in accordance with our Sweepstakes Rules, which are incorporated into these Terms by reference. Key points:

  • No purchase necessary to enter or win. A free method of entry is always available.
  • Three draws are conducted each week: Monday (3rd prize), Wednesday (2nd prize), Sunday (Grand Prize)
  • Prize pool amounts vary based on advertiser participation and geographic tier
  • Winners are selected by a certified random number generator
  • Winners are notified via the app and email within 2 hours of each draw
  • Winners must respond within 72 hours or the prize is forfeited and a new winner selected
  • Prizes are paid via Stripe bank transfer within 24 hours of winner verification
  • Prize winnings may be subject to federal and state income tax. Winners are responsible for all applicable taxes. AdSmartly will issue a 1099 form for winnings of $600 or more.

7. Coupons

Coupons generated through quiz completion are unique, one-time-use QR codes tied to your account and phone number. Coupons have an expiration date specified on each coupon. Coupons are non-transferable and have no cash value. Advertisers are solely responsible for honoring coupon offers. AdSmartly is not liable if an advertiser fails to honor a coupon, though we will investigate and may remove non-compliant advertisers from the platform.

8. Intellectual Property

All content on the Platform โ€” including software, design, text, graphics, logos, and the AdSmartly brand โ€” is owned by AdSmartly Inc. or its licensors and protected by copyright, trademark, and other intellectual property laws. Ad content is owned by the respective advertisers. You may not reproduce, distribute, or create derivative works from any Platform content without written permission.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ADSMARTLY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE ANY MINIMUM PRIZE POOL AMOUNT EXCEPT AS STATED IN THE MINIMUM GUARANTEED PRIZE STRUCTURE IN OUR SWEEPSTAKES RULES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADSMARTLY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT OF ANY PRIZE YOU HAVE ACTUALLY RECEIVED FROM ADSMARTLY IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER. ADSMARTLY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

11. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspected fraud, or any conduct we determine to be harmful to the Platform or other users. Upon termination for cause, all draw entries and pending prizes are forfeited. If your account is terminated in error, contact [email protected].

12. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions. Any dispute arising from these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in English. You waive the right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email and in-app notification at least 14 days before taking effect. Your continued use of the Platform after the effective date constitutes acceptance.

14. Contact

For questions about these Terms: [email protected]
AdSmartly Inc.

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