Terms of Service

Last Updated: 01-30-2025

1. Introduction

Welcome to Enterly ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of enterly.app and its related services (collectively, the "Service"). By using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Eligibility

To use our Service, you must be:

  • At least 18 years old, or the age of majority in your jurisdiction
  • Capable of forming a binding contract
  • Not barred from using the Service under applicable law
  • A resident of the United States or its territories (unless otherwise specified in specific promotion rules)

Additional eligibility requirements may apply for specific sweepstakes or giveaways. These will be detailed in the official rules for each promotion.

3. Account Registration

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms and may result in immediate termination of your account.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information remains current

4. Platform Nature and Liability

4.1 Platform Provider Status

Enterly is a technology platform provider that enables third parties ("Promotion Sponsors") to create and manage their own sweepstakes and giveaways. Important notices regarding our role:

  • Enterly is NOT the sponsor, administrator, or operator of any sweepstakes or giveaways hosted on the platform
  • All promotions are solely sponsored and administered by the respective Promotion Sponsors
  • Enterly provides technology services only and does not participate in the selection of winners or prize distribution
  • Each promotion's official rules and terms are set by its respective Promotion Sponsor
  • All questions regarding specific promotions should be directed to the respective Promotion Sponsor

4.2 Promotion Sponsor Responsibilities

Promotion Sponsors using our platform are solely responsible for:

  • Ensuring their promotions comply with all applicable laws and regulations
  • Creating and enforcing official rules for their promotions
  • Obtaining all necessary permits and registrations
  • Prize fulfillment and winner verification
  • Tax reporting and compliance
  • Handling all participant inquiries and disputes
  • Maintaining appropriate insurance coverage
  • All costs associated with their promotions

4.3 Limitation of Platform Liability

By using our Service, you acknowledge and agree that:

  • Enterly is not liable for any actions or omissions of Promotion Sponsors
  • Enterly makes no warranties regarding any promotion hosted on the platform
  • All disputes regarding specific promotions must be resolved with the respective Promotion Sponsor
  • Enterly is not responsible for prize fulfillment or winner selection
  • Enterly does not guarantee the legitimacy or fairness of any promotion hosted on the platform

4.4 Promotion Sponsor Indemnification

Promotion Sponsors agree to indemnify and hold harmless Enterly, its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  • Their promotions hosted on the platform
  • Their violation of any laws or regulations
  • Their breach of the official rules or terms of their promotions
  • Any disputes with promotion participants
  • Prize fulfillment and tax reporting obligations
  • Any claims of fraud or misrepresentation

5. Sweepstakes and Giveaways

The following provisions apply to promotions hosted on our platform. These requirements are provided for informational purposes and represent minimum compliance standards that Promotion Sponsors must follow. Each Promotion Sponsor remains solely responsible for ensuring their promotions comply with all applicable laws and regulations.

5.1 General Rules and Compliance

All sweepstakes and giveaways are:

  • Void where prohibited by law
  • Subject to all applicable federal, state, and local laws and regulations, including but not limited to:
    • The Federal Trade Commission Act
    • The Deceptive Mail Prevention and Enforcement Act
    • CAN-SPAM Act
    • California Business and Professions Code Sections 17539.15 and 17539.5
    • The Children's Online Privacy Protection Act (COPPA)
  • Governed by official rules specific to each promotion
  • Free to enter - NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN
  • Open only to legal residents of the 50 United States and District of Columbia (unless otherwise specified)
  • Subject to all applicable federal, state, and local taxes

5.2 Alternative Method of Entry (AMOE)

As required by law, all sweepstakes provide a free Alternative Method of Entry with equal dignity. Unless otherwise specified in the official rules of a specific promotion:

  • Mail-in entries have the same chances of winning as any other entry method
  • All entries, regardless of method, are treated equally in winner selection
  • No entry method will receive preference over another
  • Entry limits apply equally across all entry methods
  • Mail-in entries must be hand-written and mailed separately

5.3 Entry Requirements and Restrictions

By participating in any promotion, you agree to:

  • Provide accurate and truthful information
  • Follow all entry requirements and restrictions
  • Limit entries to the maximum allowed per person/household/email address per day/week/promotion period
  • Not use automated means to enter (unless explicitly permitted)
  • Accept the results of any promotion as final and binding
  • Allow publication of your name if you are selected as a winner (where required by law)
  • Comply with any verification requirements within specified timeframes

5.4 Odds of Winning

As required by law, we provide clear disclosure of odds of winning:

  • Odds of winning depend on the number of eligible entries received
  • Specific odds for each promotion will be stated in official rules
  • Where exact odds cannot be determined in advance, a clear explanation of how odds are calculated will be provided
  • All winner selections are conducted using randomization methods that give each entry an equal and fair chance of winning

5.5 Prize Claims and Winner Responsibilities

Winners are responsible for:

  • All federal, state, and local taxes on prizes (including providing W-9 forms for prizes valued over $600)
  • Providing required documentation within specified timeframes:
    • Affidavit of eligibility
    • Liability release
    • Publicity release (where legal)
    • Tax documentation
    • Government-issued identification
  • Any costs associated with prize acceptance not explicitly included
  • Compliance with all laws regarding prize receipt and use

5.6 California-Specific Requirements

For California residents, we provide:

  • Clear disclosure of all material terms in immediate proximity to entry methods
  • Specific handling of personal information as required by California law
  • Free alternative methods of entry for all sweepstakes
  • Clear disclosure of retail value of prizes
  • Maintenance of all required records for at least two years
  • Winner lists available as required by law
  • Compliance with California Business and Professions Code Section 17539.15 regarding:
    • Disclosure of rules and eligibility requirements
    • Disclosure of odds and prize values
    • Disclosure of start and end dates
    • Geographic area of promotion
    • Means of participation

5.7 Winner Selection and Notification

All winner selections are conducted in compliance with federal and state laws:

  • Winners are selected using random selection methods
  • Winners are notified via provided contact information within specified timeframes
  • Alternate winners are selected if initial winners cannot be contacted or fail to claim prizes
  • Winner lists are maintained and available upon request as required by law
  • Winners may be required to execute and return required documentation within specified timeframes

6. Prohibited Activities

You may not:

  • Use automated means to enter promotions (bots, scripts, etc.)
  • Submit false or misleading information
  • Create multiple accounts to exceed entry limits
  • Manipulate or attempt to manipulate the outcome of any promotion
  • Violate any applicable laws or regulations
  • Interfere with other users' access to the Service
  • Attempt to reverse engineer the Service

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Enterly and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

By submitting content through our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute it.

8. Third-Party Links and Content

Our Service may contain links to third-party websites or services not owned or controlled by Enterly. We assume no responsibility for third-party content, privacy policies, or practices.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

10. Limitation of Liability

In no event shall Enterly, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENTERLY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENTERLY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR:

  • The conduct of any Promotion Sponsor
  • The legitimacy or fairness of any promotion hosted on the platform
  • Prize fulfillment or delivery
  • Winner selection or notification
  • Any disputes between Promotion Sponsors and participants
  • Compliance with laws by Promotion Sponsors
  • The accuracy of any promotion-related information provided by Promotion Sponsors

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be notified to you through the Service. Your continued use of the Service after changes constitutes acceptance of those changes.

13. Contact Information

For questions about these Terms, please contact us at:

  • Email: legal@enterly.app
  • Website: https://enterly.app

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.