IG Giveaway Picker – Terms of Use

Last Updated: April 1, 2025

Welcome to IG Giveaway Picker! These Terms of Use (these "Terms") are a legally binding agreement between you and Givaway ("Givaway", "we", "us" or "our"), the company that owns and operates the IG Giveaway Picker web application (the "Service"). By accessing or using IG Giveaway Picker, you agree to be bound by these Terms, which incorporate our Privacy Policy referenced below. If you do not agree to all of these Terms, do not use the Service. Please read these Terms carefully.

1. Acceptance of Terms

Scope

These Terms govern your use of IG Giveaway Picker, including any content, functionality, and services offered on or through our website, mobile applications, and related offerings. Certain features may be subject to additional terms, which will be presented when you use those features. Those additional terms supplement these Terms, and if there is a conflict, the additional terms will govern for that specific feature.

Modifications

We may modify these Terms from time to time. If we make material changes, we will provide you with reasonable notice (e.g. by email or through the Service). The updated Terms will be effective on the date posted or as otherwise stated in the notice. By continuing to use the Service after updated Terms take effect, you agree to the changes. If you do not agree to the revised Terms, you must stop using the Service.

Eligibility

You must be at least 13 years old (or the minimum legal age in your country) to use IG Giveaway Picker. By using the Service, you represent that you meet this minimum age requirement. If you are under the age of majority where you live, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under 13, and we do not knowingly provide the Service to children under 13.

Entity Users

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

2. Your Account

Account Creation

To access certain features, you may need to create an account. You agree to provide truthful, accurate, current, and complete information during registration and to keep it updated. You must not create an account for anyone other than yourself (except if you are explicitly authorized to create an account on behalf of your employer or client).

Account Security

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must not share your login credentials with others or solicit the login credentials of another user. If you suspect any unauthorized use of your account or security breach, notify us immediately.

Account Responsibility

You are responsible for all activity that occurs through your account. We are not liable for any loss or damage arising from unauthorized use of your credentials. Givaway may, in its sole discretion, refuse to open an account or limit access to the Service for any user.

Business Accounts

If you use the Service on behalf of a business or organization (for example, to run promotions for a brand), you must comply with all laws and regulations applicable to your activities and you represent that you have obtained all necessary permissions from the business or organization.

3. User Conduct and Acceptable Use

When using IG Giveaway Picker, you agree that you will not engage in any of the following prohibited activities:

Illegal or Unauthorized Use

You must not use the Service for any unlawful purpose or in furtherance of illegal activities. You agree to comply with all applicable laws, rules, and regulations in your use of IG Giveaway Picker and any content or data obtained through it.

Prohibited Content

You must not submit, post, or transmit any content that is violent, nude, partially nude, pornographic, sexually suggestive, discriminatory, hateful, threatening, harassing, defamatory, or that violates any laws or rights of others. This includes not posting any private or confidential information of anyone (e.g., social security numbers, non-public contact information) via the Service.

No Impersonation or Unauthorized Access

You must not impersonate any person or entity or misrepresent your affiliation with any person or entity. You may not create an account for anyone other than yourself without proper authorization. You also must not attempt to access accounts of other users or Givaway systems without permission, or circumvent any access controls or security measures of the Service.

No Spam or Malicious Activity

You must not send unsolicited or unauthorized advertising, solicitations, or bulk messages (spam) via the Service. You must not use IG Giveaway Picker to transmit any worms, viruses, malware, or harmful code, or do anything that could damage, disable, overburden, or impair the functioning of the Service.

No Scraping or Crawling

You must not crawl, scrape, cache, or otherwise collect content or data from the Service via automated means, except as permitted through our officially provided features or APIs. Specifically, you agree not to use robots, spiders, scripts, or other automated methods to access, query, or index the Service or to harvest information from the Service.

No Reverse Engineering

You shall not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Service (except to the limited extent applicable laws specifically prohibit such restriction).

No Service Interference

You must not interfere with or disrupt the Service or servers/networks connected to the Service, including by transmitting any harmful or disruptive code or by attacking the Service (e.g., via a denial-of-service attack). You may not inject content or otherwise alter or interfere with the way any IG Giveaway Picker page is rendered or displayed in a user's browser or device.

Username Restrictions

You must not use domain names or web URLs in your username without our prior written consent. We reserve the right to reclaim usernames on behalf of any business or individual that holds legal claim or trademark on those usernames.

Community Standards

You agree to adhere to any community guidelines or standards that Givaway may provide (which may incorporate or reference Instagram's Community Standards for content and behavior). If your conduct on IG Giveaway Picker violates our or Instagram's community standards, we may take action against your account.

4. Instagram® Integration and Meta Platforms Data

Use of Meta's APIs

IG Giveaway Picker is designed to integrate with the Instagram platform to facilitate social media giveaways. Our Service uses Meta's official APIs (such as the Instagram Graph API) to access Instagram data needed to operate the giveaway functions in our platform. This means that, with your authorization, we will retrieve data from your Instagram account (for example, your Instagram username, posts, comments, likes, follower information, and other content relevant to a giveaway) in accordance with Instagram's policies and the permissions you grant.

User Permissions

By linking your Instagram account or otherwise granting IG Giveaway Picker access to your Instagram data, you authorize Givaway to access and process your Instagram content and information on your behalf as necessary to provide the Service. You acknowledge that such data may include personal data from your Instagram profile and activity. We will handle information obtained from Instagram in accordance with our Privacy Policy and Instagram's Platform Terms.

Compliance with Instagram Terms

Your use of IG Giveaway Picker must comply with Instagram's own Terms of Use and policies. Instagram's Terms of Use and policies continue to apply to your content and interactions on Instagram. For example, if you use our Service to select a winner from comments on an Instagram post, that activity must still comply with Instagram's rules (such as contest guidelines and content rules). You agree not to use IG Giveaway Picker in any manner that would violate Instagram's terms or Community Standards.

No Affiliation with Instagram

IG Giveaway Picker and Givaway are independent from Instagram and Meta Platforms, Inc. We are not endorsed, sponsored, or certified by Instagram or Meta. "Instagram" and related logos are trademarks of Meta Platforms, Inc. Use of Instagram's name or marks in our Service is for reference only. Givaway disclaims any responsibility for the practices or terms of Instagram or Meta. You alone are responsible for ensuring that your use of our Service in conjunction with Instagram is permissible under any agreements you have with Instagram.

API Rate Limits and Changes

The availability of our Service's Instagram-related features may depend on Instagram's API availability and any usage limits. Instagram or Meta may change or restrict access to their APIs at any time, and such changes may impact IG Giveaway Picker's functionality. You agree that Givaway is not liable for any modification, suspension, or termination of your ability to access Instagram data via our Service due to actions by Instagram/Meta (for example, if Instagram revokes our API access or modifies endpoints). We will attempt to adapt the Service to any changes in Instagram's platform, but we cannot guarantee the continued availability of any particular Instagram integration.

User Content via Instagram

Content that you import from Instagram into IG Giveaway Picker (such as comments or usernames for a giveaway) remains subject to Instagram's terms. You represent and warrant that you have the right to use that content (for example, content from your followers) for the purposes of a giveaway and that our use of it to operate the Service will not violate any law or rights of any person. We do not claim ownership of your Instagram content. By using our Service, you are asking us to process and display that content for you and others participating in the giveaway, which may constitute granting us a license to do so as described in Section 5.

Instagram Account Health

Givaway is not responsible for any action taken by Instagram against your Instagram account as a result of your use of IG Giveaway Picker. For example, if Instagram's systems flag your use of our Service as a violation of their platform rules (such as automated access), they could limit or disable your Instagram account. You use our Service at your own risk with respect to your Instagram account status. We strive to comply with Instagram's API rules to avoid negative impacts, but we cannot guarantee that using our Service will never affect your Instagram account. If your Instagram account is suspended or impacted, please contact us and we will provide any relevant information that may help, but we disclaim liability for such account issues.

5. User Content and Intellectual Property

Your Content

In the course of using IG Giveaway Picker, you may provide or generate content, such as text, images, videos, comments, profile information, giveaway descriptions, or other materials ("User Content"). For example, you might write descriptions of a promotion or upload an image as part of a giveaway, or IG Giveaway Picker might display comments from your Instagram post. You retain all rights you hold in the User Content that you provide, and you are solely responsible for it.

License to Givaway

By submitting or linking User Content through the Service, you grant Givaway a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content solely for the purposes of operating and providing the Service (and related services, such as marketing your public giveaways). This license enables us, for example, to display your content to you and other users (in the context of a giveaway result page), to parse and analyze the data for random selection, and to store data on our servers. We do not claim any ownership of your content, and this license does not grant us the right to sell your content or use it outside of our Service's functionality.

Content Warranties

You represent and warrant that you have all necessary rights to submit or use the User Content in connection with the Service and to grant the license above. This means, for example, that if you use IG Giveaway Picker to display comments from people on Instagram, you have the right to use those comments in your giveaway (under Instagram's terms or with the commenters' permission as required), and that our use and display of them will not violate anyone's rights. You further agree that none of your User Content will: (i) violate these Terms or any law, (ii) infringe the intellectual property, privacy, publicity, or other rights of any third party, or (iii) cause harm to any person or entity.

No Confidentiality in User Content

Except as described in our Privacy Policy, any User Content you submit through the Service may be viewed by others, and Givaway is not responsible for maintaining the confidentiality of any content you provide. You acknowledge that no fiduciary or confidential relationship exists between you and Givaway, and that you have no expectation of privacy or confidentiality in the content you choose to submit (aside from personal data handled according to our Privacy Policy). For example, if you create a public-facing giveaway result page, any information you include there may be visible to others.

Monitoring and Enforcement

Givaway is not obligated to prescreen or monitor User Content. However, we reserve the right (but are not required) to review, remove, edit, or disable access to any content on the Service at our discretion, at any time, and for any reason, without notice. This may include content that we believe violates these Terms or applicable law, or any content that we deem inappropriate or harmful. You agree that Givaway is not responsible for any failure or delay in removing such material.

Intellectual Property of Givaway

The Service (including our software, databases, algorithms, design, and all content provided by Givaway such as text, graphics, logos, button icons, images, compilations, and software code) is owned by or licensed to Givaway and protected by intellectual property laws. IG Giveaway Picker, Givaway, and associated logos and designs are trademarks or trade dress of Givaway. You must not copy, imitate, or use them without our prior written consent. All rights not expressly granted to you in these Terms are reserved by Givaway.

Feedback and Unsolicited Ideas

If you choose to provide us with suggestions, ideas, improvements, or other feedback about IG Giveaway Picker ("Feedback"), you agree that Givaway can use and share such Feedback for any purpose without compensating you. Do not send us unsolicited ideas or materials (e.g., product improvements or new product ideas) unless we specifically request them; we may already be working on similar concepts and this policy is to avoid confusion. If you nonetheless send us any unsolicited ideas or materials, we will not be liable for any use or disclosure of them, and you grant Givaway a perpetual, irrevocable, royalty-free license to use them as we see fit, without any obligation to you.

Copyright and IP Policy

We respect intellectual property rights and expect users to do the same. You must not upload, post, or share any content that infringes someone else's copyright, trademark, or other IP rights. If you believe that any content on IG Giveaway Picker infringes your copyright or other intellectual property rights, please notify us in accordance with our Copyright Policy:

Reporting Claims: Send a written notice to our designated Copyright Agent at Givaway, 1555 Freedom Blvd 200 W, Provo, UT 84604, USA, or email us at legal@givaway.com with the subject "IP Infringement". Your notice should include: (i) identification of the work you claim is infringed, (ii) identification of the content on our Service that you claim is infringing (with URL or screenshot), (iii) your contact information, (iv) a statement that you have a good faith belief the use is not authorized, (v) a statement under penalty of perjury that your notice is accurate and you are the owner or authorized to act, and (vi) an electronic or physical signature of the IP owner or authorized agent.

Our Response: We will review valid notices and remove or disable content that we determine in good faith to be infringing. We may notify the user who posted the content and provide an opportunity for a counter-notice. In the event of repeated infringement by a user, we will terminate that user's account when appropriate (for example, under a "three strikes" policy or as required by law).

Counter-Notice: If your content was removed due to a claim of infringement and you believe this is mistaken or you have rights to use the content, you may send us a counter-notice. Provide: (i) identification of what was removed and the location where it appeared, (ii) a statement under penalty of perjury that you have a good faith belief it was removed by mistake or misidentification, (iii) your name, address, telephone, and a statement consenting to the jurisdiction of the federal court in your district (or in Utah if you are outside the U.S.) and that you will accept service of process from the original claimant, and (iv) your physical or electronic signature. If we receive a valid counter-notice, we may restore the content and will inform the original complaining party (per DMCA procedures).

Repeat Infringers: Givaway reserves the right to terminate accounts of users who are repeat infringers of intellectual property rights in appropriate circumstances.

By using our Service, you acknowledge our Copyright Policy and consent to the sharing of information as necessary to comply with it (for example, providing the claimant with your contact info if you submit a counter-notice).

6. Privacy

Your privacy is very important to us. Our Privacy Policy (which is hereby incorporated by reference) explains how we collect, use, and share information about you when you use the Service. By using IG Giveaway Picker, you consent to the collection and use of your data as described in the Privacy Policy. If you do not agree with our Privacy Policy, do not use the Service. Please note that when we access information from your Instagram account (with your permission) as part of providing the Service, such data is handled in accordance with our Privacy Policy and Instagram's data policies. We do not sell your personal information to third parties, and we strive to implement appropriate security measures to protect your data. For details, please review the Privacy Policy below.

7. Third-Party Services and Links

Service Providers

Givaway uses third-party service providers and partners to support our Service. For example, we may use cloud hosting providers to store data, analytics providers (like Google Analytics) to understand how our users interact with our site, payment processors to handle subscription payments, or communication tools (like email or SMS services) to send notifications. By using IG Giveaway Picker, you acknowledge that your information may be transmitted to and stored by these third-party providers in order for us to operate the Service. We contractually require our service providers to protect your personal information and use it only for our purposes, consistent with our Privacy Policy.

Third-Party Content

The Service may include links to third-party websites or resources, or incorporate content that is hosted or served by others (for example, an embedded social media feed or a YouTube video). Givaway is not responsible or liable for the availability, accuracy, or content of third-party websites or services. When you click on a third-party link or access third-party content through our Service, you do so at your own risk and you understand that these Terms and our Privacy Policy do not apply to those external sites or services. Your interactions with any third-party providers are governed by their own terms and policies.

Integrations

If IG Giveaway Picker integrates with any third-party platforms beyond Instagram (such as other social networks or messaging apps), those integrations may require you to accept additional terms or authorizations. You are responsible for reviewing and complying with any such third-party terms. We are not liable for any actions or data practices of third-party platforms that you connect to the Service.

No Endorsement

References or links to third-party products, services, or websites on IG Giveaway Picker are provided for your convenience and do not constitute an endorsement or recommendation by Givaway. We do not guarantee and are not responsible for any third-party services or sites. If you choose to access or use any third-party services in connection with IG Giveaway Picker, you do so at your own initiative and risk.

8. Payment and Subscription (If Applicable)

(This section applies if the Service or certain features are provided for a fee or subscription.)

Fees

Some features of IG Giveaway Picker may require payment of fees. For example, advanced giveaway management tools or enterprise features might be offered on a paid subscription basis. All fees are stated in U.S. dollars unless otherwise specified, and are exclusive of any taxes (where applicable).

Payment Terms

If you choose to purchase a subscription or other paid services, you authorize us or our designated payment processor to charge your provided payment method for all applicable fees. Payments are non-refundable except as explicitly provided in these Terms or required by law. We will inform you of any recurring fees and billing cycles at the time of purchase. You must provide current, complete, and accurate billing information. If we cannot charge your payment method for any reason (e.g., card expiration or insufficient funds), we may suspend or cancel your access to the paid features.

Auto-Renewal

Subscriptions will automatically renew at the end of each billing cycle (e.g., monthly or annually) unless you cancel beforehand. You can cancel auto-renewal by following the instructions in your account settings or contacting our support. If you cancel, you will retain access to the paid features until the end of the current paid period, and there will be no further charges. We do not offer pro-rated refunds for mid-cycle cancellations (unless required by law).

Free Trials and Promotions

Givaway may offer free trials or promotional subscriptions for a limited period. If we require a payment method for a free trial, you will not be charged until the trial period ends. On the day after the trial ends, your payment method will be charged the applicable subscription fee unless you cancelled before the end of the trial. Promotional offers or discounts may be subject to additional terms.

Changes in Fees

Our fees are subject to change with prior notice to you. We will notify you reasonably in advance of any price changes affecting your subscriptions so you have an opportunity to cancel before the new price takes effect. Your continued use of the paid Service after the price change becomes effective constitutes your agreement to pay the new amount.

Taxes

You are responsible for any taxes, duties, or similar governmental assessments of any kind imposed on your purchases, except for taxes based on our income. When required, we will collect those taxes on behalf of the taxing authority and remit them as required by law.

9. Termination; Account Deletion

By You

You may stop using the Service at any time. You may also delete your IG Giveaway Picker account at any time if you no longer wish to use the Service. Instructions to deactivate or delete accounts may be provided within the Service or you can contact us at support@givaway.com for assistance. Keep in mind that disconnecting IG Giveaway Picker's access to your Instagram account (through Instagram's settings) does not automatically delete your IG Giveaway Picker account or data. If you want us to delete the data we have about you, please see the Privacy Policy regarding your rights.

By Givaway

We reserve the right to suspend or terminate your access to the Service, or disable or delete your account, at our sole discretion, at any time, and without prior notice, for any reason or no reason, including if we believe that: (i) you have violated these Terms or any applicable law; (ii) you create risk or possible legal exposure for us; (iii) your account has been inactive for an extended period; or (iv) our provision of the Service to you is no longer commercially viable. We also reserve the right to suspend or discontinue any part of the Service or the entire Service itself, with notice to the extent feasible.

Effect of Termination

Upon any termination of these Terms or your account:

• All rights and licenses granted to you in these Terms will immediately cease. You must stop all use of the Service, and we may enforce this by disabling your account or access.
• We may (but have no obligation to) delete your User Content, account credentials, and other data associated with your account from our systems (except to the extent we are obliged or permitted to retain data under our Privacy Policy or applicable law). You should export or back up data that you have stored on the Service, as we are not liable for deletion or inability to retrieve your data once your account is terminated.
• Any accrued obligations or liabilities up to termination (including any payment obligations) and Sections of these Terms that by their nature should survive (such as indemnification, disclaimers, limitation of liability, dispute resolution, etc.) will survive termination.

No Account Transfer

Upon termination for any reason, you are not permitted to create a new account to circumvent the termination (e.g., if we ban you for misconduct, you must not re-register). We may block new accounts that we suspect are being created by or for the benefit of a user we terminated.

Forfeiture of Username

Givaway reserves the right to reclaim or reuse your username or account identifier after your account has been terminated or deactivated, or if you change it. We will not do this while your account is active without good reason (such as a trademark complaint), but if your account is deleted, your username may become available for others.

10. Disclaimers of Warranties

IG GIVEAWAY PICKER IS PROVIDED "AS IS" AND "AS AVAILABLE." You understand that our Service may experience interruptions, delays, errors, or omissions from time to time. Your use of the Service is at your own risk. To the fullest extent permitted by law, Givaway (including its owners, officers, directors, employees, agents, partners, and affiliates – collectively, the "Givaway Parties") disclaims all warranties and conditions, whether express or implied, in connection with the Service and your use thereof. This includes, without limitation:

No Warranty of Performance

The Givaway Parties do not guarantee that the Service will always be available, uninterrupted, secure, or error-free. We do not warrant that any defects or errors will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.

No Warranty on Content

The Givaway Parties make no warranties as to the accuracy, completeness, or usefulness of any information on the Service, or that any User Content (including Instagram content accessed via our Service) is accurate, non-infringing, or safe. We do not endorse any User Content or any opinion, recommendation, or advice expressed by users or third parties on the Service.

Disclaimer of Implied Warranties

To the extent permitted by law, we expressly disclaim any and all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

No Guarantee of Lawful Use

We make no representation that the Service is appropriate or available in all locations. You are responsible for compliance with local laws. The Givaway Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and specifically disclaim such warranties. By using the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.

Data Retention

IG Giveaway Picker is not an archiving or backup service. While we implement reasonable data retention policies, you should maintain your own backup copies of any important data or content. We are not responsible for any loss of data or content that may occur.

Third-Party Materials

The Givaway Parties take no responsibility for any third-party content or services that may be accessed via the Service, including content retrieved from Instagram or other platforms. We make no representation or warranty of any kind regarding such third-party content or services, and disclaim all liability arising from them.

If applicable law does not allow the disclaimer of certain warranties, those warranties will be disclaimed to the fullest extent permitted. If you are a consumer in a jurisdiction that confers specific statutory rights (such as certain legal warranties under EU law), nothing in these Terms affects those rights.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will Givaway or the Givaway Parties be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to:

• Your use of (or inability to use) the Service;
• The performance or non-performance of the Service;
• Any content or information obtained from or through the Service (including any reliance on the accuracy or completeness of information presented via the Service);
• Any unauthorized access to or use of our servers or of any personal or financial information stored therein;
• Any interruption of transmission to or from the Service, or any bugs, viruses, trojan horses, or other harmful code that may be transmitted through our Service or by any third party;
• Any actions we take or fail to take regarding your account or data, including deleting or modifying content, or blocking or removing your access to certain features;
• Any conduct or content of any user or third party on or via the Service, including defamatory, offensive, or illegal conduct of other users or third parties.

These limitations apply even if Givaway or the Givaway Parties have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose. You acknowledge that the Service involves the interplay of third-party systems (like Instagram APIs, web hosts, etc.), and Givaway cannot be held responsible for problems originating from those third parties. In no event will the Givaway Parties' total cumulative liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of US $100.00 or the total amount you have paid Givaway in the twelve months immediately preceding the event giving rise to the liability. This is an aggregate cap for all claims, and multiple claims will not enlarge this limit. Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of the above may not apply to you. In those jurisdictions, liability is limited to the fullest extent permitted by law.

12. Release and Waiver

Release of Claims Against Third Parties

You agree that if you have any claim or dispute with any third party arising out of your use of IG Giveaway Picker (for example, a dispute with an Instagram user or any other participant in a promotion), you release Givaway and all Givaway Parties from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such dispute. Furthermore, you waive and relinquish any rights and benefits conferred by any law or statute of any jurisdiction (including California Civil Code §1542, to the extent applicable, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement.") that would limit the scope of a release or waiver. In simple terms, you waive any claim that you may have, which you do not know about at this time, against us relating to any such disputes.

No Injunctive Relief

You agree that your use of the Service does not result in any special relationship between you and Givaway (e.g., no fiduciary or confidential relationship), and you will have no remedy in equity for alleged harm. This means you will not seek to enjoin or restrain the development, production, advertising, or exploitation of the Service, or any website, application, content, or other materials owned or controlled by the Givaway Parties. You understand that monetary damages (if any) are sufficient to remedy any complaint you have against Givaway, and you irrevocably waive any right to seek injunctive or equitable relief.

Applicable Law Exceptions

If the law of your jurisdiction does not allow the waiver of certain rights as set forth above, you may retain those rights, but only to the extent they are not lawfully waivable.

13. Indemnification

You agree to indemnify, defend, and hold harmless Givaway and the other Givaway Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or are related to: (a) your use or misuse of the Service; (b) any User Content you submit or actions you take through the Service (including any contests or promotions you run, and any data you access from Instagram or other sources through our Service); (c) your violation of these Terms or of any law or regulation; or (d) your infringement of any rights of any third party (including intellectual property rights or privacy rights). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us and promptly assist in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Givaway. We will use reasonable efforts to notify you of any claim subject to indemnification as soon as we become aware of it. This indemnification obligation will survive the termination of these Terms and your use of the Service.

14. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights by requiring arbitration of disputes (with limited exceptions) and a waiver of class action claims.

Informal Resolution

We encourage you to contact us first if you have any dispute with IG Giveaway Picker by emailing support@givaway.com. We will try to resolve your concerns informally and in good faith. Most user concerns can be resolved quickly and to the user's satisfaction through our support team.

Agreement to Arbitrate

If we cannot resolve a dispute informally, you and Givaway agree to arbitrate all disputes and claims between us (except those expressly excluded below). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. By agreeing to these Terms, you and Givaway are each waiving the right to a trial by jury or to participate in a class action for such claims.

Exceptions

Notwithstanding the above, either party may choose to bring an individual action in a small claims court (if it qualifies) rather than through arbitration. In addition, both you and Givaway retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or halt) infringement of intellectual property rights (such as trademarks, trade secrets, copyrights or patents). This means, for example, that if you misuse Givaway's trademarks or violate the intellectual property rights of Givaway or others, we may file a lawsuit seeking an injunction, and that is not required to be arbitrated. Also, any claim that is not arbitrable by law (after applying federal preemption principles) is not covered by this arbitration provision.

Arbitration Procedures

Any arbitration between you and Givaway will be conducted under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA. The arbitration will be handled by a single, neutral arbitrator. If there is a conflict between the AAA Rules and this arbitration agreement, this agreement governs.

Fees and Location

For claims under $75,000, Givaway will generally pay all filing, administration, and arbitrator fees for the arbitration, unless the arbitrator finds your dispute frivolous or brought for an improper purpose. For claims over $75,000, the AAA Rules will govern payment of fees. The arbitration may be conducted in the county where you reside or another mutually agreed location. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted in person, by telephone, or based only on written submissions; if you choose the latter two options, the arbitrator must still hold any in-person hearing at a location reasonably convenient to both parties.

Arbitrator's Authority

The arbitrator is bound by these Terms. The arbitrator may award any relief that a court of competent jurisdiction could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall provide a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is final and binding on both you and Givaway, and judgment on the arbitration award may be entered in any court having jurisdiction.

Time Limit

Any arbitration must be initiated within one (1) year after the claim or cause of action arose; if not, you and Givaway agree it is forever barred (this one-year limitation period is not applicable where prohibited by law).

Class Action Waiver

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. You and Givaway agree that no class action, class arbitration, or other representative claim (e.g., private attorney general) can proceed in arbitration or in court. This class action waiver is a fundamental part of this arbitration agreement and if it is deemed invalid or unenforceable, then the entire arbitration agreement shall be null and void.

Opt-Out Right

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms (unless a longer period is required by applicable law). To opt out, you must send a written notice to legal@givaway.com or to Givaway's mailing address (attn: Legal/Arbitration Opt-Out) with your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out of arbitration, the class action waiver above will not apply to you. Opting out of arbitration will not affect any other provision of these Terms.

Severability (Arbitration)

If any portion of this Dispute Resolution and Arbitration section is found illegal or unenforceable (except for the class action waiver clause), that portion shall be severed and the remainder of the section will be enforced to the fullest extent permitted by law. If the class action waiver is found unenforceable, the entire arbitration agreement shall be void, and the dispute may be brought in court.

15. Governing Law and Jurisdiction

Except to the extent inconsistent with or preempted by federal law (including the Federal Arbitration Act), these Terms and any dispute arising out of or relating to these Terms or the Service will be governed by the laws of the State of Utah, USA, without regard to its conflict of laws principles, and (as applicable) the laws of the United States of America. Such laws will apply no matter where in the world you live or use the Service, but if you are a consumer in a jurisdiction with mandatory consumer protection laws, you retain the benefit of those laws. Subject to the above arbitration provisions, any legal action or proceeding arising out of or related to these Terms that is not arbitrated will be brought exclusively in the state or federal courts of Utah, and you consent to the venue and personal jurisdiction of those courts. You agree to waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts, including any claim that such action is brought in an inconvenient forum.

16. Miscellaneous

Entire Agreement

These Terms (including any additional terms we may provide when you engage with certain features of the Service) and our Privacy Policy constitute the entire agreement between you and Givaway with respect to the Service, and supersede any prior agreements (whether written or oral) between the parties relating to the subject matter hereof. Any additional or different terms proposed by you (for example, in any purchase order or email) are hereby rejected and will not bind us unless expressly agreed in writing by an authorized representative of Givaway.

Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, void, or unenforceable, that provision will be deemed severable and the remaining provisions of these Terms will remain in full force and effect. However, the arbitration and class action waiver provisions are not severable from each other except as noted in Section 14.

No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of that term or any other term. The rights and remedies of Givaway under these Terms are cumulative and not exclusive of any other rights or remedies provided by law.

Assignment

You may not transfer or assign these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempt to assign without consent will be null and void. Givaway may freely assign or transfer these Terms (in whole or in part) to any of its affiliates or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise, and you hereby consent to such assignment. These Terms shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

No Third-Party Beneficiaries

These Terms are only between you and Givaway. Except as expressly provided in these Terms, no third party has any rights to enforce any provision of these Terms. Your obligations and representations in these Terms also benefit our affiliates, directors, officers, employees, and agents, but no such party is a party to these Terms.

Force Majeure

Givaway shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of government or governmental agencies, pandemic, natural disasters, strikes, supply or labor shortages, interruptions of transportation, or failure of the Internet or any utility service.

Translations

These Terms are written in English. If we provide a translation of the English version of these Terms, the English version will control in the event of any conflict or discrepancy.

Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, you may contact us at: