These Terms constitute a legally binding agreement between you (“you,” “your,” “user,” or “entrant”) and My Daily Surge, and govern your access to and use of the Website, including, without limitation, your viewing of any content made available through the Website, your registration for an account, your participation in any sweepstakes or other promotion offered on or through the Website, whether sponsored or administered by My Daily Surge or by one of our third-party partners (collectively, the “Website Promotions” or “Promotions”), and your interaction with any survey questions, optional offers, advertisements, or marketing communications presented on or through the Website.
The purpose of these Terms is to set forth the rights, obligations, representations, warranties, disclaimers, and limitations applicable to your use of the Website and your participation in the Website Promotions, and to establish the official rules governing the $1,000 Monthly Giveaway, the $100 Daily Giveaway, and any other Promotions made available through the Website. These Terms incorporate by reference the Website’s Privacy Policy and any additional terms, rules, or guidelines posted on the Website or provided to you in connection with a specific Promotion or feature. By accessing the Website or participating in any Website Promotion, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to and accept these Terms or the Website’s Privacy Policy, please do not use or visit the Website, or participate in any of the Website Promotions.
We reserve the right to modify these Terms at any time in our sole discretion. Any material changes to these Terms will be posted on the Website and shall be binding thirty (30) days after the date of posting. Your continued access to or use of the Website following the effective date of any such modification shall constitute your acceptance of the modified Terms. No provision of these Terms or modifications thereof shall create any rights or benefits for any third party, except as expressly provided herein with respect to the Marketing Partners as third-party beneficiaries of the mandatory arbitration provision set forth below.
These Terms contain a mandatory arbitration provision (the “Mandatory Arbitration Provision”), as more fully set forth in the section titled “Binding Arbitration Agreement and Class Action Waiver” below, that requires you to arbitrate, on an individual basis, all disputes, controversies, or claims that you may have with My Daily Surge, its parents, subsidiaries, affiliates, and related parties, advertisers (including telemarketing partners), and persons or entities with whom we share your personal information where you have given us your consent to do so (collectively, the “Marketing Partners”), each of whom is an intended third-party beneficiary of the Mandatory Arbitration Provision and entitled to enforce it directly against you.
By way of example and not limitation, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any and all claims that you may have arising out of or relating to any telemarketing calls, SMS/text messages, or other communications that you receive from My Daily Surge or any of our Marketing Partners shall be subject to and governed by the Mandatory Arbitration Provision. For the avoidance of doubt and without limiting the foregoing, you agree to arbitrate any dispute related to any emails, text messages, or telephone calls you may receive from My Daily Surge or our Marketing Partners in connection with your interactions with us, the Website, or any Website Promotions.
THE MANDATORY ARBITRATION PROVISION ALSO CONTAINS A CLASS ACTION WAIVER, PURSUANT TO WHICH YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR MULTI-PARTY ARBITRATION, AND YOU AGREE THAT ANY CLAIMS BROUGHT AGAINST MY DAILY SURGE OR OUR MARKETING PARTNERS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. BY AGREEING TO THESE TERMS, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
There are two (2) narrow exceptions to the Mandatory Arbitration Provision:
Except as expressly set forth in the two (2) opt-out exceptions above, the Mandatory Arbitration Provision and the class action waiver contained herein shall apply to all disputes, controversies, and claims between you and My Daily Surge or its Marketing Partners, and shall survive any termination or expiration of these Terms or your use of the Website.
The following Official Rules (the “Official Rules”) govern the Promotions made available by My Daily Surge LLC (“My Daily Surge”) through the Website, including, without limitation, the $1,000 Monthly Giveaway and the $100 Daily Giveaway (each, a “Promotion” and collectively, the “Promotions”). These Official Rules are incorporated into and form an integral part of the Terms and must be read together with the Terms and the Website’s Privacy Policy.
By entering, attempting to enter, or otherwise participating in any Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules, the Terms, and the decisions of My Daily Surge LLC, located at 6 Kilmer Road #1318, Edison, NJ 08817, which shall be final and binding in all matters relating to the Promotions, including, without limitation, all matters relating to entry validity, eligibility, winner selection, prize awards, and the interpretation and enforcement of these Official Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. The Promotions are void where prohibited or restricted by applicable law and are subject to all applicable federal, state, and local laws and regulations.
Participation in any Promotion does not constitute participation in any other promotion, contest, sweepstakes, or offering of My Daily Surge or any third party. My Daily Surge reserves the right, in its sole discretion, to modify, suspend, cancel, or terminate any Promotion, in whole or in part, at any time and for any reason, including, without limitation, if fraud, technical failure, or any other factor beyond My Daily Surge’s reasonable control impairs the integrity or proper functioning of the Promotion, all subject to applicable law.
There are multiple giveaways associated with My Daily Surge (each, a “Promotion” and collectively, the “Promotions”), structured as follows:
The My Daily Surge Promotion (the “Promotion”) begins on July 8, 2025 at 12:00 AM UTC and ends on July 7, 2026 at 11:59 PM UTC (the “Promotion Period”). A valid entry submitted in any Promotion shall constitute an entry in all Promotions then active on the date of such entry.
NO PURCHASE IS NECESSARY TO PARTICIPATE IN THE PROMOTIONS. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Participation in the Promotion does not constitute participation in any other promotion, contest, or sweepstakes. The Promotions are void where prohibited or restricted by applicable law.
By participating in the Promotions, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules, the Terms, and the decisions of My Daily Surge LLC, 6 Kilmer Road #1318, Edison, NJ 08817, which shall be final and binding in all respects with regard to all matters relating to the Promotions, including, without limitation, eligibility, entry verification, winner selection, and prize award.
Participation in the Promotions is limited to legal residents of the United States who are eighteen (18) years of age or older as of the date of entry. Employees, officers, and directors of My Daily Surge, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, and advertising and promotion agencies (collectively, the “Promotions Entities”), as well as the immediate family members and household members of each of the foregoing, are not eligible to participate in the Promotions.
The Promotions are void where prohibited or restricted by law. Entry in the Promotions is limited to one (1) entry per person per day. Participation must be undertaken by the individual entrant and only in the manner set forth in these Terms. Any participation by an individual or entity other than the entrant, or any entry originating from a website, platform, or source other than the Website, will be declared invalid, and the entrant will be disqualified from the Promotions.
The use of any robot, script, macro, bot, automated entry service, or any other device or mechanism designed to automate or otherwise circumvent the entry process is strictly prohibited and will result in immediate disqualification of the entrant and invalidation of any entries submitted by or on behalf of such entrant.
ALL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY MY DAILY SURGE. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THE ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THESE TERMS HAS BEEN VERIFIED AND THE ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. MY DAILY SURGE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRANT WHO FAILS TO SATISFY THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE TERMS.
During the periods of the Promotions, eligible entrants will have the opportunity to receive a prize. To be eligible to participate, you must complete a registration form on the Website that includes your full name, a valid email address, and your acceptance of these Terms. Once these steps are completed, your entry will be submitted for all Promotions that are active on the date of registration. A single valid entry shall constitute an entry in each then-active Promotion.
At the conclusion of the period of each Promotion, prizes will be awarded by random drawing from among all eligible entries received during the applicable Promotion period. Each random drawing shall occur within fourteen (14) days after the conclusion of the period of the applicable Promotion. The odds of winning any prize depend on the total number of eligible entries received for the applicable Promotion.
Potential winners will be contacted directly using the contact information provided at the time of registration, and any award of a prize is subject to verification of the potential winner’s eligibility in accordance with these Terms. In the event a potential winner cannot be contacted, fails to respond within the time required by My Daily Surge, fails to satisfy the eligibility requirements, or declines the prize, the prize may be forfeited. Unclaimed or unredeemed prizes may be awarded to alternate entrants in My Daily Surge’s sole discretion.
Over the course of the Promotion Period, a total of three hundred sixty-five (365) $100 Daily Winners and twelve (12) $1,000 Monthly Winners will be selected and awarded. The aggregate total approximate retail value of the prize pool for the Promotion is Forty-Eight Thousand Five Hundred Dollars ($48,500). All prizes will be awarded in United States Dollars, and no substitution, transfer, or cash equivalent of any prize is permitted, except that My Daily Surge reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the advertised prize becomes unavailable for any reason.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. As an alternative to online registration, eligible entrants may obtain a free entry into the Promotions by following the alternate method of entry (“AMOE”) procedures set forth in this section. Use of the AMOE shall not improve an entrant’s odds of winning any Promotion.
To request a free entry, visit the Alternative Method of Entry page located at https://easyscanamoe.com/easyscan/default_en/enter?amoe_key=5nu8lane26 and complete the Entry Request form (the “Request”) in its entirety. Each Request must include the entrant’s full name, email address, complete mailing address, and telephone number. Once the Request form has been completed, the entrant must follow the on-screen instructions to print the generated format and affix the barcode to a hand-addressed postcard bearing first class postage.
All Requests must be mailed to the following address:
$1,000 Giveaway Rules Entry, 3030 LBJ Freeway, Suite 300, Dallas, TX 75234.
The following requirements and limitations apply to all AMOE submissions:
My Daily Surge is not responsible for entries, Promotions-related e-mails (including confirmation emails), claims, or notices that are lost, late, stolen, illegible, misdirected, damaged, incomplete, undelivered, or postage due. Proof of submission or mailing shall not be deemed proof of receipt by My Daily Surge. All Requests become the property of My Daily Surge and will not be acknowledged or returned.
In the event of a dispute over the identity of an entrant, the entry shall be deemed completed by the authorized accountholder of the email address provided at the time of registration. For purposes of these Terms, “authorized accountholder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, wireless carrier, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Except as otherwise contemplated in these Terms, personal information collected in connection with the Promotions will be used in accordance with My Daily Surge’s Privacy Policy. The Promotions Entities shall not be responsible for incorrect or inaccurate entry information related to a Promotion entry, whether caused by Internet users, by any of the equipment or programming associated with or utilized in the Promotions, or by any technical or human error which may occur in the processing of entries. The Promotions Entities assume no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, entries.
Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. No substitution, cash equivalent, or transfer of any prize is permitted, except at the sole discretion of My Daily Surge, which reserves the right to substitute a prize of equal or greater value in the event an advertised prize is unavailable.
Acceptance of a prize constitutes the winner’s permission for My Daily Surge and its designees to use the winner’s name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and publicity purposes in any and all media now known or hereafter devised, worldwide, in perpetuity, without further notice, review, approval, or compensation, except where prohibited by law.
Entrants agree that the Promotions Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotions or the acceptance, possession, use, or misuse of any prize awarded; and (B) have not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
My Daily Surge reserves the right, in its sole and absolute discretion, to disqualify any individual who is found to have tampered with the entry process or the operation of the Promotions, to be acting in violation of these Terms, or to be acting in an unsportsmanlike or disruptive manner, or with intent to disrupt or undermine the legitimate operation of the Promotions, or to annoy, abuse, threaten, or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotions may be a violation of criminal and civil law, and, should such an attempt be made, My Daily Surge reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR MY DAILY SURGE IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
For the names of the Promotions winners, send a self-addressed, stamped envelope to: The My Daily Surge Giveaway Winners List, 3030 Lyndon B. Johnson Freeway, 3rd Floor, Dallas, Texas 75234. All such requests must be received within six (6) weeks after the end of any Promotion. Requests received after such period will not be honored. My Daily Surge shall have no obligation to respond to requests that are incomplete, illegible, or that fail to include sufficient postage and a properly addressed return envelope.
While accessing or using the Website, you may be presented with survey questions and optional marketing offers from our Marketing Partners. Completion of, or engagement with, any such survey questions or optional marketing offers is entirely voluntary and is not required in order to enter, participate in, or be eligible to win any Promotion. Your decision to engage with, decline, or skip any survey question or optional offer will not increase, decrease, or otherwise affect your odds of winning any Promotion.
Survey Questions. The Website includes numerous survey questions designed to ascertain your interest in certain products and services offered by our Marketing Partners. If you do not wish to respond to any survey question, you may select the “skip,” “not interested,” or any similar response option presented in connection with such question, and you will continue to be eligible to participate in the Promotions on the same basis as any other entrant. To the extent that you elect to respond to any survey question and, in connection therewith, provide your prior express written consent to be contacted by telemarketing, SMS/text messaging, or email marketing, information concerning your responses to such survey questions, together with the contact information you have provided, may be shared with the Marketing Partners identified in the applicable consent for the marketing purposes described therein. Any such sharing and any subsequent communications you receive from those Marketing Partners shall be governed by the Privacy Policy and, where applicable, by the Mandatory Arbitration & Waiver of Right to Class Action provision and the Binding Arbitration Agreement and Class Action Waiver set forth in these Terms.
Optional Offers. The Website may also present optional marketing offers from our Marketing Partners (“Optional Offers”), which you may engage with at your sole discretion. Engagement with any Optional Offer is not a condition of entry into, or eligibility for, any Promotion and does not affect your chances of winning. If you elect to engage with an Optional Offer, you may be directed to a third-party website or be required to provide additional information directly to the applicable Marketing Partner, in which case your interaction with that Marketing Partner and your submission of any information shall be subject to the terms, conditions, and privacy policies of such Marketing Partner. The Promotions Entities are not responsible for, and disclaim all liability arising out of or relating to, any Optional Offer made available by a Marketing Partner, including, without limitation, the content, accuracy, fulfillment, quality, or delivery thereof.
By electing to respond to any survey question or to engage with any Optional Offer, you acknowledge and agree that (i) such election is made voluntarily and independently of your participation in the Promotions, (ii) you have reviewed and consented to any disclosures and consents presented in connection with such survey question or Optional Offer, and (iii) the Promotions Entities shall have no liability with respect to communications, products, or services provided by Marketing Partners as a result of your engagement.
Fraud and abuse relating to access to and use of the Website is strictly prohibited. In accessing the Website or participating in any Website Promotion, you represent and warrant that:
Engaging in fraudulent or abusive conduct shall subject you to sanctions as determined in our sole and absolute discretion, which may be imposed without prior notice, including, without limitation, the following:
We will use commercially reasonable efforts to notify you of any such determination, but failure to provide notice shall not affect our right to impose any of the foregoing sanctions. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE AND WEBSITE PROMOTIONS IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
We may view, monitor, and record activity on this Website for purposes of fraud prevention, security, and enforcement of these Terms, as further described in our Privacy Policy. Any information obtained through such monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this Website. We will comply with all court orders involving requests for such information.
The Website, the Promotions, and all content made available through the Website, including without limitation text, graphics, images, photographs, logos, button icons, audio and video clips, digital downloads, data compilations, software, and the selection, arrangement, and organization thereof (collectively, the “Content”), are owned, trademarked, and copyrighted by My Daily Surge, with all rights reserved, except for third-party trademarks, logos, or service marks which may appear on the Website and which remain the property of their respective owners. Your use of any Content without prior written permission from My Daily Surge is strictly prohibited.
Subject to your continued compliance with these Terms, My Daily Surge grants you a non-exclusive, non-transferable, revocable, and limited license to access and use the Content solely for your own personal, non-commercial use and only in connection with your authorized access to the Website and participation in the Promotions. No right, title, or interest in or to the Website, the Promotions, or the Content is transferred to you as a result of such limited license, and all rights not expressly granted herein are reserved by My Daily Surge. You shall not reproduce, modify, distribute, publicly display, publicly perform, transmit, sell, license, create derivative works from, reverse engineer, decompile, or otherwise exploit any portion of the Website, the Promotions, or the Content, in whole or in part, for any commercial purpose without the express prior written consent of My Daily Surge.
By submitting, uploading, posting, transmitting, or otherwise making available any content to My Daily Surge or through the Website (including, without limitation, comments, feedback, suggestions, ideas, photographs, video, audio, text, or any other materials) (“User Submissions”), you grant to My Daily Surge a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, fully sublicensable, assignable, and worldwide license to make, copy, reproduce, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from, and otherwise use such User Submissions, in whole or in part, in any form, media, or technology now known or hereafter developed, for any purpose whatsoever, including without limitation advertising, marketing, and promotional purposes, in each case without further notice, consent, attribution, or compensation to you or any third party.
You represent and warrant that: (1) you own or otherwise control all rights necessary to grant the license set forth above with respect to any User Submissions; (2) the User Submissions are accurate, do not violate these Terms, and will not cause injury to any person or entity; and (3) the User Submissions do not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral right, right of privacy or publicity, or any other intellectual property or proprietary right of any third party. You agree to indemnify My Daily Surge and the other Promotions Entities for any and all claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any User Submissions or any breach of the foregoing representations and warranties.
My Daily Surge respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that any Content or User Submission infringes your copyright or other intellectual property rights, please send written notice to My Daily Surge at the address set forth in the Contact Information section of these Terms or to info@mydailysurge.com, including sufficient information to identify the allegedly infringing material and your contact information. My Daily Surge reserves the right, in its sole discretion, to remove any Content or User Submission from the Website at any time and for any reason, and to terminate the access of any user determined to be a repeat infringer.
See our Privacy Policy, which is incorporated herein by reference, for more information concerning our collection and use of your personal information, the security of your personal information, and how to exercise your privacy rights.
This Website is part of a family of websites operated by our parent company (the “Family of Sites”). As described in our Privacy Policy, we use cookies and internal identifiers to recognize you across the Family of Sites, which means that information you provide on this Website may be linked to your activity on other websites in the Family of Sites. Your use of this Website constitutes your acknowledgment of these cross-site data practices as described in the Privacy Policy.
To the extent required by applicable state or federal privacy laws, you may opt out of cross-site tracking, targeted advertising, or the sale or sharing of your personal information by following the instructions set forth in our Privacy Policy. Such opt-out rights, and the procedures for exercising them, are described in greater detail in the Privacy Policy and may vary based on your state of residence and other applicable legal requirements.
Any communication or material that you transmit or otherwise submit to My Daily Surge by electronic mail, through the Website, or by any other means, including without limitation questions, comments, suggestions, ideas, feedback, or inquiries (collectively, “Submissions”), shall be treated as non-confidential and non-proprietary. By making any Submission, you acknowledge and agree that My Daily Surge shall have no obligation of any kind with respect to such Submission and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from, distribute, and otherwise exploit the Submission and all data, images, sounds, text, and other content embodied therein for any and all commercial or non-commercial purposes, without compensation, attribution, or liability to you or any third party.
Without limiting the foregoing, you agree that My Daily Surge and its designees shall have the right, but not the obligation, to use your name, photograph, likeness, voice, biographical information, statements, and city and state of residence in any and all media now known or hereafter devised, worldwide, in perpetuity, for advertising, promotional, and publicity purposes in connection with the Website and the Promotions, without further notice, review, approval, or compensation, except where prohibited by law. You waive any right to inspect or approve any such use and release the Promotions Entities from any and all claims arising out of or relating to such use, including without limitation claims for invasion of privacy, right of publicity, defamation, or any similar cause of action.
By accessing or using the Website or participating in any Promotion, you agree to defend, indemnify, and hold harmless My Daily Surge, its parents, subsidiaries, affiliates, related parties, Marketing Partners, and each of their respective members, managers, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all demands, claims, actions, causes of action, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses of any kind (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or resulting from:
My Daily Surge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with My Daily Surge in asserting any available defenses and shall not, in any event, settle any matter without the prior written consent of My Daily Surge. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Website and any Promotion.
The Website and the Promotions are subject to change and are provided to you on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. To the fullest extent permitted by applicable law, My Daily Surge, on behalf of itself and the Promotions Entities, expressly disclaims any and all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, with respect to the Website, the Promotions, the Content, and any prizes awarded hereunder.
My Daily Surge makes no warranty, representation, or guarantee that the activity and content relating to the Website or the Promotions will: (1) meet your requirements; (2) be uninterrupted, timely, secure, or error-free; or (3) be accurate, complete, current, or reliable. No advice or information, whether oral or written, obtained by you from My Daily Surge, the Promotions Entities, or through or from the Website shall create any warranty not expressly stated in these Terms.
My Daily Surge assumes no responsibility, and shall have no liability, for any damage to, or any viruses, malware, or other harmful components that may infect, your computer, mobile device, or other equipment, or for any loss of data, that may result from your access to or use of the Website, your participation in any Promotion, or your downloading of any material from, or otherwise obtained through activity relating to, the Website or the Promotions. You expressly acknowledge and agree that your access to and use of the Website and your participation in the Promotions are at your sole risk.
Because some jurisdictions do not allow the exclusion of certain warranties, the foregoing exclusions may not apply to you to the extent prohibited by applicable law; in such jurisdictions, the disclaimers set forth in this Section shall apply to the maximum extent permitted by such law.
To the maximum extent permitted by applicable law, in no event shall My Daily Surge, its parents, subsidiaries, affiliates, related parties, Marketing Partners, or any of their respective members, officers, directors, employees, agents, representatives, successors, or assigns be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including, without limitation, damages for lost profits, lost revenues, lost business opportunities, loss of goodwill, loss of data, business interruption, or any other intangible losses, arising out of or relating to these Terms, the Website, the Content, any Promotion, or your participation therein, regardless of the legal theory on which the claim is based (whether in contract, tort, strict liability, statute, or otherwise) and regardless of whether My Daily Surge has been advised of the possibility of such damages or whether such damages were foreseeable.
Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, the total cumulative liability of My Daily Surge and the other parties identified above to any user or entrant for any and all claims arising out of or relating to these Terms, the Website, the Content, or any Promotion shall not exceed an amount equal to the greater of (1) the value of the Promotion for which the user has registered or (2) one thousand U.S. dollars ($1,000.00). The foregoing limitations shall apply even if any limited remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the foregoing exclusions and limitations may not apply to you. In such jurisdictions, the liability of My Daily Surge and the other parties identified above shall be limited to the greatest extent permitted by applicable law.
You agree that these Terms constitute the agreement between you and us. Except with respect to the Official Rules governing the Promotions (which shall be governed by the laws of the State of Texas as set forth in the “Official Sweepstakes Rules - Governing Law/Jurisdiction” section above), the laws of the State of New York shall govern these Terms and the Website, without regard to conflicts of law provisions or principles that would result in the application of the laws of any other jurisdiction. Any dispute, claim, or controversy that is not resolved by arbitration in accordance with the Binding Arbitration Agreement and Class Action Waiver set forth below, and that proceeds in a state or federal court, shall be brought and adjudicated exclusively in a court of competent jurisdiction located in the State of New York. You expressly consent to the exclusive personal jurisdiction of such courts and irrevocably waive any defense or objection to venue, forum non conveniens, or personal jurisdiction in connection with any such proceeding. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. Should a dispute arise concerning the Website, Promotions, Content, these Terms or the breach of same by any party hereto, including our Marketing Partners: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, unless the parties mutually agree upon an alternative arbitration organization; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us by contacting us at info@mydailysurge.com. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association, in your county of residence, unless the parties mutually agree upon an alternative arbitration organization, by filing a separate Demand for Arbitration by contacting us at info@mydailysurge.com. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration.
The parties agree that the arbitrator shall not consolidate more than one person’s claims and shall not otherwise preside over any form of a representative or class proceeding. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against My Daily Surge and/or its employees, officers, directors, members, representatives and/or assigns, and its Marketing Partners as it relates to the Website. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. Each party shall bear its own attorney’s fees. You agree to pay the reasonable attorney’s fees and court costs that My Daily Surge and Marketing Partners incur in connection with any dispute over the enforceability of this class action waiver, except as otherwise ordered by a court of competent jurisdiction. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first register on the Website, sent to My Daily Surge at 6 Kilmer Road #1318, Edison, NJ 08817 or info@mydailysurge.com.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND OUR MARKETING PARTNERS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Website, Promotions, Content, emails, or other transmissions from My Daily Surge may contain hyperlinks, references, or redirects to websites, applications, platforms, or other online resources owned, operated, or controlled by third parties, including our Marketing Partners (collectively, “Third Party Websites”). Such links are provided solely for your convenience and reference, and the inclusion of any such link does not imply affiliation with, sponsorship by, or endorsement of any Third Party Website by My Daily Surge.
My Daily Surge does not control, operate, maintain, or supervise any Third Party Website and assumes no responsibility or liability whatsoever for: (1) the content, accuracy, completeness, timeliness, or reliability of any information, materials, products, or services made available on or through any Third Party Website; (2) the privacy practices, data collection, data sharing, or information security measures employed by any Third Party Website; (3) the security of any Third Party Website, including without limitation the protection against malware, viruses, unauthorized access, or other harmful components; or (4) any transactions, communications, or interactions you may have with any operator of, or other user of, any Third Party Website.
My Daily Surge does not endorse, warrant, or guarantee any content, products, services, advertisements, offers, opinions, or other materials available on or through any Third Party Website, nor does My Daily Surge make any representation regarding the suitability, quality, or fitness for any particular purpose of such content, products, or services. Any reliance you place upon, or any dealings you undertake with, any Third Party Website or its operator are conducted solely at your own risk.
You acknowledge and agree that when you access a Third Party Website, you leave the Website and that the Terms and the Privacy Policy of My Daily Surge no longer govern your activities. You should review the terms of use, terms of service, and privacy policy of any Third Party Website before providing any personal information to, or otherwise engaging with, such Third Party Website. To the fullest extent permitted by applicable law, My Daily Surge expressly disclaims any and all liability arising out of or relating to your access to, use of, or reliance upon any Third Party Website or the content, products, or services made available thereon.
These Terms constitute the entire agreement between you and My Daily Surge in connection with your access to and use of the Website and the Promotions and supersede all prior agreements, understandings, representations, and communications between the parties regarding the subject matter contained herein. No oral statement, course of dealing, or course of performance shall be deemed to modify or supplement these Terms.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected or impaired in any way.
No failure or delay by either party in exercising or enforcing any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver must be in writing to be effective and shall not constitute a waiver of any subsequent breach or default.
If you violate these Terms, or otherwise create legal exposure or risk for My Daily Surge, we reserve the right, in our sole and absolute discretion, to suspend or terminate, in whole or in part, your access to the Website and the Promotions, and you will not be eligible for any Promotion for which you were entered. You may be notified by email or at the next time you attempt to access your account, or your access may be stopped without notice. If you delete your account, all access to the Website and the Promotions will be terminated, and any pending Promotion entries associated with your account shall be deemed void.
These Terms, and the rights and obligations hereunder, may not be assigned or transferred by you without our prior written consent, and any attempted assignment in violation of the foregoing shall be null and void. We may freely assign or transfer these Terms, in whole or in part, without restriction or notice to you. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision hereof. Except as expressly provided herein with respect to our Marketing Partners and the other third-party beneficiaries identified in the Mandatory Arbitration & Waiver of Right to Class Action and Binding Arbitration Agreement and Class Action Waiver sections, nothing in these Terms is intended to confer upon any person or entity other than the parties hereto any rights, remedies, obligations, or liabilities.
The following sections shall survive any termination or expiration of these Terms or your use of the Website: Mandatory Arbitration & Waiver of Right to Class Action; Fraudulent Activity & Security; Intellectual Property Rights; Privacy; Indemnification; Disclaimer of Warranties; Limitation of Liability; Governing Law; Binding Arbitration Agreement and Class Action Waiver; and General Provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS CONTAINED HEREIN AND THEREIN. THESE TERMS SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS AND FOLLOWING THE EFFECTIVE DATE OF SUCH AMENDMENTS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THESE TERMS TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.
By accessing the Website, completing a registration form, submitting an entry to any Promotion, or otherwise interacting with the Website, you affirmatively manifest your intent to be bound by these Terms and the Privacy Policy through electronic means, and you agree that such electronic acceptance satisfies any legal requirement that an agreement be in writing or signed. You further consent to the use of electronic records and electronic signatures in connection with these Terms and any related transactions, communications, notices, or disclosures, and you waive any right or requirement under any applicable law to receive non-electronic records or to use non-electronic signatures.
You acknowledge that you have the hardware, software, and internet access necessary to access, receive, and retain electronic records, and that you are capable of printing or otherwise storing a copy of these Terms for your records. If at any time you wish to withdraw your consent to transact electronically, you must cease accessing and using the Website and participating in the Promotions, as electronic delivery and acceptance are integral to your use of the Website.
The Website is owned and operated by My Daily Surge. All notices, inquiries, requests, opt-out elections, Initial Dispute Notices, and other communications required or permitted under these Terms shall be directed to My Daily Surge at the mailing address or email address set forth below. Communications shall be deemed delivered upon actual receipt by My Daily Surge.
MyDailySurge.comPostal: 6 Kilmer Road #1318, Edison, NJ 08817
Email: info@mydailysurge.com
Any change to the foregoing contact information shall be effective upon posting of the updated information on the Website. You are responsible for reviewing the Website periodically to ensure that any communications you direct to My Daily Surge are sent to the current address of record.