Terms of Use
Last updated: January 2025
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU AGREE THAT ARBITRATION IS THE MANDATORY AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, UNLESS OTHERWISE SPECIFIED HEREIN OR UNLESS YOU PROPERLY OPT OUT WHERE PERMITTED.
SMS Terms & Mobile Messaging
By providing your mobile phone number and affirmatively opting in (for example, by checking a consent box on a PerkPantry opt-in form), you agree to receive recurring marketing and promotional text messages from PerkPantry, including sweepstakes alerts, winner announcements, and offers. Consent is not a condition of purchase or service. You may opt out at any time.
- Message frequency: Message frequency may vary.
- Message and data rates: Message and data rates may apply. Check with your carrier for details.
- Opt-out: Reply STOP to any message to unsubscribe from PerkPantry text messages. You will receive a one-time confirmation message and will not receive further marketing texts.
- Help: Reply HELP for help, or contact us at support@perkpantry.com.
- Supported carriers: Major U.S. carriers are supported. Carriers are not liable for delayed or undelivered messages.
- Privacy: Your mobile information, including phone numbers and SMS opt-in data, will not be shared with any third party for marketing purposes. See our Privacy Policy for full details.
Consent records (date, time, and method of opt-in) are retained for at least 4 years to comply with the Telephone Consumer Protection Act (TCPA). To exercise any data rights regarding your SMS records, contact privacy@perkpantry.com.
Acceptance of Terms
By accessing and using PerkPantry ("the Site"), you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please do not use our website. Your continued use of the Site constitutes your acceptance of these terms and any future modifications.
PerkPantry (âwe,â âus,â or âourâ) owns and operates the Site. These Terms apply to you and to us, as well as to our subsidiaries, affiliates, agents, service providers, and marketing partners (collectively, âMarketing Partnersâ), and shall be enforceable by us and such Marketing Partners. You acknowledge and agree that our Marketing Partners are intended third-party beneficiaries of these Terms and any applicable Privacy Policy, and that any right, claim, protection, limitation, waiver, defense, or remedy available to us under these Terms shall likewise be available to and enforceable by our Marketing Partners, including, without limitation, the enforcement of binding arbitration provisions and waivers of class, collective, or representative actions. For avoidance of doubt, references in these Terms to âwe,â âus,â or âourâ shall be deemed to include our Marketing Partners solely for purposes of enforcing such provisions.
BY USING THE SERVICE, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO APPRISE YOURSELF OF JUDICIAL PROCESS, INCLUDING CLASS ACTION LAWSUITS, FOR ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES YOU MAY HAVE AGAINST US, AS WELL AS OUR SUBSIDIARIES, AFFILIATES, AGENTS AND MARKETING PARTNERS TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. THIS INCLUDES AGREEING TO RESOLVE ANY TELEPHONE CONSUMER PROTECTION ACT (TCPA) AND/OR DO-NOT-CALL (DNC) CLAIMS BY BINDING ARBITRATION, ON AN INDIVIDUAL BASIS.
Site Purpose
PerkPantry is a sweepstakes aggregation website. We curate and provide information about sweepstakes, contests, and giveaways from around the web. We are not the sponsors, operators or organizers of these sweepstakes, contests, or giveaways, and we do not control the administration, eligibility, or fulfillment of any prizes. Our role is purely informationalâto help you discover legitimate opportunities to enter and win prizes.
PerkPantry may decline any request for information, products, or services, and is not responsible for any unsuccessful applications or requests arising from eligibility or other factors.
PerkPantry is not a provider, creditor, or issuer of any products or services featured on the Site. Any products or services advertised or made available through third parties are the sole responsibility of their respective vendors and service providers.
No Affiliation
PerkPantry is not affiliated with, endorsed by, or sponsored by any of the companies, brands, or organizations whose sweepstakes we feature. All trademarks, logos, and brand names mentioned on this site are the property of their respective owners. The inclusion of a sweepstakes on our site does not imply any partnership or endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
User Responsibilities
When using PerkPantry, you agree to:
- Verify Sweepstakes Rules: Always read the official rules and eligibility requirements on the sponsor's website before entering any sweepstakes, as PerkPantry is not responsible for your compliance with these rules. Entry requirements, deadlines, and geographic restrictions may apply.
- Use at Your Own Risk: You are responsible for your own actions when entering sweepstakes, including providing accurate information and complying with all applicable laws and regulations. PerkPantry, its affiliates, agents, and Marketing Partners shall not be liable for any losses, damages, or disputes resulting from your participation.
- Respect Third-Party Sites: Follow the terms of service of any external websites you visit through our links.
Accuracy Disclaimer
While we make every effort to provide accurate and up-to-date information about sweepstakes, PerkPantry, its affiliates, agents, and marketing partners cannot guarantee the accuracy, completeness, reliability, or timeliness of the information on our Site. Sweepstakes details, including deadlines, prize values, and entry methods, may change without notice. All sweepstakes information is provided for informational purposes only, and you should always verify details on the official sweepstakes sponsor's website before entering.
External Links
Our website contains links to third-party maintained and/or operated websites and sweepstakes entry pages. We are not responsible for, and do not control the content, accuracy, availability, privacy practices, or terms of service of these external sites. When you click on a link and leave PerkPantry, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party sites you visit.
The inclusion of any third-party links on the Site does not constitute or imply any endorsement, sponsorship, or recommendation by PerkPantry of such third-party websites, products, services, or content, or of any party associated therewith.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Texas. Any legal action relating to your use of the Site must be brought in a court located in Texas. Users accessing the Site from outside the United States do so at their own risk and are responsible for complying with local laws.
You agree to comply with all applicable laws in your use of the Site. PerkPantry may investigate violations and report them to appropriate authorities. You agree to cooperate with such investigations.
Security
PerkPantry uses reasonable measures to protect your information but cannot guarantee it will not be intercepted or accessed by unauthorized parties. PerkPantry and its Marketing Partners are not liable for such events.
Intellectual Property
All content on PerkPantry, including titles, characters, trade names, text, graphics, logos, images, and design elements, including all software, is the property of PerkPantry or its content creators who have authorized use of such content, and is protected by copyright and other intellectual property laws.
PerkPantry grants you a limited, non-exclusive, non-transferable, and revocable permission to access and view the Content solely for your personal, non- commercial use. You may not reproduce, distribute, modify, or create derivative works from our Content or otherwise exploit any Content without our express written permission.
Limitation of Liability and Disclaimer of Warranties
Use of this site is at your own risk. PerkPantry and its operators use reasonable efforts to ensure that information provided on the Site is accurate, but make no representations or warranties regarding the accuracy, completeness, reliability, or results of any content or information available through the Site. PerkPantry and its subsidiaries, affiliates, agents, service providers, and Marketing Partners (collectively, âPerkPantry Partiesâ) are not liable for:
- Any losses or damages of any kind resulting from your use of the Site or reliance on information provided
- Any issues arising from sweepstakes entries, including disputes with sponsors or prize fulfillment
- The accuracy or reliability of third-party sweepstakes information
- Any technical issues, downtime, or interruptions in service, or errors in transmission or performance.
- Any reliance on third-party sweepstakes information or participation in sweepstakes offered through external sites.
To the fullest extent permitted by applicable law, neither PerkPantry nor any other party involved in creating, producing, operating, promoting, or delivering the Site (including without limitation its subsidiaries, affiliates, agents, service providers, and Marketing Partners) shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of or related to your access to or use of the Site, even if advised of the possibility of such damages.
To the fullest extent permitted by law, all content and services on the Site are provided âAS ISâ and âAS AVAILABLEâ. The PerkPantry Parties we expressly disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
Changes to These Terms
We reserve the right, in our sole discretion, to modify, replace, or update these Terms of Use at any time with or without notice, for any reason or no reason at all. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Site after any changes constitutes your acceptance of, and agreement to, the new Terms in their entirety. We encourage you to review this page periodically.
Indemnification
By using the Site, you agree to indemnify, defend, and hold harmless PerkPantry, its Marketing Partners, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including without limitation reasonable attorneys' fees and arbitration costs, made by any third party due to or arising out of, without limitation, your use or attempted use of the Site, including but not limited to, interactions with third-party sites or uploading any content to the Site.
Agreement to Arbitrate
You and PerkPantry, including its subsidiaries, affiliates, agents, and Marketing Partners (collectively, âPerkPantry Partiesâ), agree that any and all disputes, claims, or controversies arising out of or relating to your use of the Site, or any products or services sold, offered, or provided through the Site, including any contact with the PerkPantry Parties, shall be resolved exclusively through final and binding arbitration under this Agreement, rather than in court, except that you may assert claims in small claims court if eligible. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. EACH PARTY WAIVES JOINING OR CONSOLIDATING CLAIMS IN BINDING ARBITRATION BY OR AGAINST THE OTHER PARTY OR TO LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This arbitration provisions contained in these Terms survive termination of your account or your use of the Site and applies to any claims arising thereafter.
Prohibition of Class and Representative Actions
You and the PerkPantry Parties agree that claims may only be brought on an individual basis, and not as a plaintiff or class member in any purported class, collective, or representative action or proceeding, including claims under the Telephone Consumer Protection Act (TCPA) or similar laws. Unless both you and the PerkPantry Parties agree otherwise, the arbitrator may not consolidate or join claims of multiple parties or preside over any class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party's individual claim(s). Any relief awarded shall not affect other users.
Arbitration Procedures
The arbitrator, and not any court or agency, has exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate or any part of it. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement. AAA rules and forms for initiating arbitration are available at http://www.adr.org.
The arbitration shall take place in your county of residence or another mutually agreed location. If the value of relief sought is $10,000 or less, either party may elect to proceed by telephone or solely on written submissions, subject to the arbitrator's discretion to require an in-person hearing. Attendance may be by telephone unless the arbitrator requires otherwise.
The arbitrator will decide claims in accordance with Delaware law, including recognized principles of equity, and honor all privileges recognized by law. The arbitrator's award is final and binding, and judgment may be entered in any court with jurisdiction.
Payment of all filing, administration, and arbitrator fees will follow the AAA rules unless otherwise stated here. If the amount in controversy is $5,000 or less, at your request, PerkPantry will pay all fees associated with arbitration. For claims exceeding $10,000, if you show that arbitration costs are prohibitive compared to litigation, PerkPantry will pay as much of the fees as the arbitrator deems necessary. If the arbitrator determines your claim is frivolous, you agree to reimburse PerkPantry for fees it paid on your behalf.
Confidentiality
Arbitration proceedings and awards are confidential and may only be disclosed as required by law or to enforce, confirm, or vacate an award. Disclosure is also permitted to a party's attorneys, tax advisors, senior management, and, if the party is an individual, immediate family members, strictly for the purpose of legal or financial advice.
Severability
If any provision of the Agreement to Arbitrate except the class and representative action waiver is found invalid or unenforceable, all other provisions, including the arbitration rights of Marketing Partners, shall remain in full force and effect. If the class and representative action waiver is found invalid or unenforceable, the arbitration provisions shall be void only with respect to that waiver, but all other Terms and the Legal Disputes section, including protections and rights for Marketing Partners, shall continue to apply. Marketing Partners shall retain all rights as third-party beneficiaries under this Agreement.
Miscellaneous
You must be 18 years or older to use the Site, and you agree to comply with all applicable local, state, national, and international laws when using the Site or its content.
The headings used in these Terms are intended for convenience only and shall not affect the construction and interpretation hereof or thereof.
If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect.
PerkPantry may suspend or terminate your access to the Site and remove any content you provide if you violate these Terms or applicable laws.
Contact Us
If you have any questions about these Terms of Use, please contact us at: legal@perkpantry.com