Terms of Use and Sweepstakes & Application Rules

Please read the following terms of use, privacy policy and sweepstakes rules carefully.

By downloading this application you acknowledge and agree to this agreement.

If you do not agree to be bound by all of the terms of this agreement, please uninstall and immediately cease using the application.

Terms of Use

App Licence

Please read carefully before downloading the app:

By downloading and using the app, you are agreeing to be bound by the terms of this app licence and our privacy policy and sweepstake rules and this means you are agreeing to the following:

  • You are responsible for complying with any terms between you and the app store you use to download any app – we take no responsibility for these terms.

  • The apps and any content we provide to you or allow you to use belong to us or our licensors.

  • Except where our negligence causes death or injury or we commit fraud, we will not be responsible to you for certain types of loss that you suffer, and our liability for other types of loss is limited – see condition 9.

  • We can suspend or terminate this licence and your right to use the app and/or your account login if you breach these licence terms or act inappropriately.

This licence agreement (App Licence) is a legal agreement between you and Ourcart (Ourcart Social Shopping Ltd), with a principal place of business at 26 Elifelet, Tel Aviv, Israel (“Ourcart”) and AC Nielsen Company Limited, with a principle place of business at AC Nielsen House, London Road, Headington, Oxford, OX3 9RX ("Nielsen") (us or we) which covers your use of the mobile application, which allows you to photograph any receipt, submit such photos to Ourcart and participate in free draws and win prizes, for iPhone, iPad or Android mobile or tablet or any other similar devices (Devices) (as selected by you) and the data, content, music, graphics or other content supplied with it, (App). You can use the App on the basis of this App Licence. We do not sell the App to you and you do not own them or any part of them. We (or, where applicable, our licensors) remain the owners of the App at all times.

Operating requirements 

Unless otherwise specified in the documents, the app requires an android smartphone with google play services installed with a minimum of 1gb of memory and the android operating system 4.1 up to 5.1.

Important notice to all users 

  • By downloading the app you agree to the terms of this app licence which will bind you. the terms of this app licence include, in particular, limitations to our liability in condition 9 below.  

  • By agreeing to the terms of this app licence, you are also agreeing to be bound by our privacy policy and sweepstake rules which form part of this app licence.

  • If you do not agree to the terms of this app licence, we will not license the app to you and you must stop using the app if you have already downloaded it and immediately delete it from your device

app store rules

  • The app store you used to download the app may have its own terms. we are not responsible for these terms so please read these carefully.

  • Push notifications

    • The app may offer push notification features. if you want to turn these off, please visit the settings page of the app or your device. push notifications will require a wifi or data connection to work.

    • Our app employs location based services.  if you want to turn these off, please visit the settings page for your device.  

  • App updates

• Sometimes, we may need you to install a new version of the app. if we do, the old version may no longer work. depending on the update, you may not be able to use the app or your use of the full functionality of the app may be affected until you have accepted a new version of this app licence. [we will notify you before you download the new version of the app] or [on opening the new version of the app if the terms of this app licence have changed].

You can find a copy of these Licence terms at any time here.

  • Your Account and use of our App:

    • In order to get the full benefit of the App and functionality with our software (including access to stored content), you must sign up for an account with us.  

    • You must comply with these terms of use, our Privacy Policy and our Sweepstake Rules which all form part of this App Licence, and contain additional terms that apply to your use of this App and your account.  

  • Grant and scope of licence:

    • In consideration of you agreeing to the terms of this App Licence and payment (as applicable) of the App download fee, we grant to you a non-exclusive, non-transferable licence to use the App on the terms of this App Licence.  

    • You may:

    • download, install and use the App on your Devices. Please note that no more than 2 accounts can be registered to any single Device;  

    • receive and use any free supplementary software code or updates of the App incorporating "patches" and corrections of errors, and/or any new versions of the App, as may be provided by us from time to time.  Please note that if we notify you that an update or new version of the App is available, you must download this or the App may not work as you expect (and we will have no responsibility for this).

Restrictions

Except as expressly set out in this App Licence or as permitted by any local law, you undertake (agree and promise):

  • To use the App solely for your own private, non-commercial entertainment purposes;

  • Comply with all applicable laws and the terms of this App licence;

  • Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

  • Not to make alterations to, or modifications of, the whole or any part of the App, nor permit the  App or any part of the App to be combined with, or become incorporated in, any other programs;

  • Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App

  • Refrain from reusing or "scraping" any data provided within the App for use in another service or website;

  • Refrain from intercepting or attempting to access any information collected by the App, all of which shall be delivered directly to Ourcart;

  • Refrain from any malicious use of the App.

Intellectual property rights

  • You acknowledge that all intellectual property rights in the App anywhere in the world belong to us (or, where applicable, our licensors), that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the software or App other than the right to use them in accordance with the terms of this App Licence.

  • You acknowledge that you have no right to have access to the App in source code form or in unlocked coding or with comments.

  • The integrity of the App is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the App is not misappropriated.  You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.

Indemnification

  • You agree to defend, indemnify and hold harmless Ourcart and Nielsen from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your breach of this App Licence or your infringement or violation of any intellectual property or other rights of any third party.

Amendments

  • Use of the App may involve the use of a wireless data service. You understand and agree that Ourcart is not responsible for any data access charges that may be imposed by Your wireless data service provider when using the data service. You are responsible for any and all costs related to the use of the Device.

Suspension

  • We may, using technical means to disable your access to core functionality within the App by suspending or terminating your account login, suspend your right to use the App at any time if, in our opinion, you have failed to comply with any of the provisions of this App Licence and/or our Terms of Use.

Exclusion of warranties

  • The App is provided to you on an "as is" basis.  We do not warrant or provide any guarantees that the App will meet your requirements or that the operation of the App will be uninterrupted or error-free or that defects in the App will be corrected.  

  • If the App (or any element of the App) fails to function as you expect, your sole remedy will be to cancel your licence to use the App and no longer use it.

  • Nothing in this clause affects your rights as a consumer.

Limitation of liability

  • You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

  • We only supply the App for your own personal use.  

    • We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:

    • Loss or corruption of data or information; or any indirect or consequential loss or damage.

    • Other than the losses set out in condition 9.3 (for which we are not liable), our maximum aggregate liability under or in connection with this App Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the total App fee paid by you for download of the App.

  • Nothing in this App Licence shall limit or exclude our liability for:

    • Death or personal injury resulting from our negligence;

    • Fraud or fraudulent misrepresentation;

    • Any other liability that cannot be excluded or limited by English law.

  • This App Licence sets out the full extent of our obligations and liabilities in respect of the supply of the App. Except as expressly stated in this App Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us.  Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, this App Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Termination

  • Ourcart or Nielsen may terminate this App Licence at any time for convenience.

  • You may terminate this App Licence at any time by deleting it from your Device and no longer using it.

  • Upon termination for any reason:

    • All rights granted to you under this App Licence shall cease;

    • You must immediately cease all activities authorised by this App Licence (other than use of your existing videos, provided that such use is not dependent on continuing use of any  App).

Communications between us

  • If you are a consumer, if you wish to contact us in writing, or if any condition in this App Licence requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to team@shopprize.com or Ourcart , 26 Elifelet street, Tel Aviv Yafo 660802, Israel. We will confirm receipt of this by contacting you in writing, normally by e-mail.

  • If we need to contact you or give you notice in writing, we will do so by e-mail.

  • Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events outside our control

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this App Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 12.2.

  • An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks, mobile or otherwise.

  • If an Event Outside Our Control takes place that affects the performance of our obligations under this App Licence:

  • our obligations under this App Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

  • We will use our reasonable endeavours to find a solution by which our obligations under this App Licence may be performed despite the Event Outside Our Control.

Other important terms

  • We may transfer our rights and obligations under this App Licence to another organisation, but this will not affect your rights or our obligations under this App Licence.

  • You may only transfer your rights or your obligations under this App Licence to another person if we agree to the transfer in writing.

  • This App Licence and any document expressly referred to in it (including Privacy Policy and Sweepstake Rules) constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

  • No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

  • Each of the conditions of this App Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

  • Please note that this App Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

  • Your phone number is used to validate your account, you will not be able to sign in to your account or migrate your coins to a new account without access to the original phone number the account has been associated with

 

Sweepstakes & Application Rules

The sponsor of the Shopprize Sweepstakes (the “Sweepstakes”), is Ourcart (Zollo Shopping Limited), with its principal place of business at 26 Elifelet street, Tel Aviv Yafo 660802, Israel (“Promoter”).

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning.  

Eligibility  

The Sweepstakes is open to legal residents of England, Wales and Scotland, 18 years of age or older who own or have access to a device.  employees, officers and directors (and their immediate families (e.g. spouse, children, parents, siblings) and those living in their same households (whether or not related)) of: The Nielsen Company (US), LLC, AC Nielsen Company Limited and/or of Zollo Social Shopping Ltd.  and any of their parent, shareholders, officers, directors, agents, members and assigns, retail locations, suppliers, distributors, subsidiary, and affiliated companies, advertising, promotion, or production agencies and web masters/suppliers are not eligible to participate. By entering the Sweepstake You confirm that you are eligible to do so and eligible to claim any prize that you may win.  The Promoter may require you to provide proof that you are eligible to enter the sweepstake.

Coins 

Virtual coins (“Coins”) are the currency of the application. Coins are in no way transferable, substitutable for, or convertible into Great British pounds, nor into the legal tender or currency of any other nation, state, or political entity. Coins cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers and may not be combined between two or more accounts. No Coins may be assigned or transferred to any third party. The sale, barter, assignment or other disposal of any Coins, other than by Sponsor, is expressly prohibited. Accrued Coins do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law. Any Coins assigned, sold, or otherwise transferred are void.

You will be provided with Coins upon registering for the Application. 

In order to earn additional Coins, the Application then allows you to use your device to take photos of receipts for the supermarket items you have purchased. 

  • The photo of the receipt should show:

    • The identity of the supermarket, either by including its name or address;

    • The date and time of purchase;

    • A list of all the items purchased with the value of each item and the total amount paid.

  • You must take a photo of a receipt for supermarket items purchased within the past thirty (30) days, successfully upload the photo, answer one or more questions generated by the Application, and click the “Claim” button. 

  • Photos must be authenticated as receipts by the Promoter. 

  • You are limited to five (5) uploads of receipts per day. 

  • You may not upload a photo of the same receipt more than once, even if submitted from a different device or from a different account. 

  • Photos must be clear and receipt contents must be reasonably readable. You must capture the entire receipt. 

  • You may not upload receipts from outside of the UK.

If you enter a Game (defined below) and are not selected as a winner (defined below), you will receive a free spin at a “wheel of fortune.” Each spin may allow you to earn more Coins. You may also receive Coins through a randomly generated bonus.

Inviting a new user: you can also earn an additional Coins when you send an invitation to a person and that person from the sweepstake panel to a new user and they use the link in Your invitation to download the Application, register to the Application and uploads one receipt authenticated by Sponsor. The new user must use an Android device, they must also have an active England/Wales/Scotland Google account and must be based in England, Wales or Scotland.  

New User: As a New User you can earn bonus Coins if, when you receive an invitation, you click the link and create an account and finish the tutorial. Additional coins will be received when as a new user you submit a receipt that is authenticated by Sponsor. These bonus Coins are only available if the New User uses an Android device, they have an active UK Google account and are based in the UK.

Promoter reserves the right in its sole discretion to alter at any given time, and without advance notice, the number of Coins allocated to any activity in the Application, or the entire distribution, or system of distribution, of Coins in the Application.

Sweepstakes

Promotional Period: The Sweepstake begins at 12:01:01 a.m. [GMT] on January 3, 2016  and will continue until otherwise notified by the Promoter. The start and end time of each Game is specified in the Application. The computer of the Promoter is the official clock for this Sweepstake.

You may enter any specific sweepstakes game (“Game”) in the Application by clicking on the image of the prize within the Application. Each Game is open for twenty four (24) hours. To enter a Game, You must submit the number of Coins indicated near the prize image to the Application. You may enter more than once, but each entry (“Entry”) will cost the specified amount of Coins.  The Application will provide You with information regarding the prize, the start time and end time of the Game, and the number of other entrants. You may enter as many different open Games as You wish. Promoter reserves the right to verify and validate all entries, for instance to ensure that account information is accurate and that images were correctly submitted. Promoter reserves, in its sole discretion, the right to disqualify from the Sweepstakes any prospective entrant who (i) does not provide accurate data in their registration; (ii) violates this Agreement; (iii) has invalid uploads (e.g. uploads that are not of receipts as described above, or are for purchases older than thirty (30) days); or (iv) tampers with entry process or operation of the Sweepstakes or Application.

To be eligible for the Sweepstakes, all entries must be received by the applicable deadline and will be accumulated into one pool of qualified entries (collectively the "Qualified Entries").  The winner of each Game will be selected from the Qualified Entries.

The Promoter will not accept: Responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause including, for example, as a result of an equipment failure, technical malfunctions, systems, network , server, computer hardware or software failure of any kind

Proof of transmission as proof of receipt of entry to the Sweepstake.

By entering the Sweepstake, You are agreeing to be bound by these Sweepstake Rules, to the Agreement and to the decisions of the Promoter whose decisions are final and binding in all respects.  All data requested during account registration, prize fulfilment or at any other time in connection with this Sweepstake must be accurate. If inaccurate information is supplied, it will result in disqualification from the Sweepstake and prevent the awarding of any prizes.

By entering the Sweepstake You confirm that you are eligible to do so

Drawing. A certain time after the close of the specific Game, Promoter will conduct a drawing from which one (1) winner (the “Winner”) will be randomly drawn from the Qualified Entries received by Promoter. Odds of winning the prize depend on the total number of Qualified Entries received.   A Winner may be disqualified from winning according to these Sweepstakes Rules, or upon the 

Winner otherwise failing to take such steps as may be necessary to receive the prize. The Winner will be notified by a push notification in the Application. If You are a Winner, You will be asked for Your email and shipping address. If the Winner does not respond with requested information or is in violation of this Agreement, he/she will be disqualified and the prize forfeited. A Winner’s first name will be listed as the winner of a particular Game in a Sweepstakes history within the Application.

If the Winner does not respond as above, or is otherwise disqualified, the Promoter reserves the right to offer the prize to the next eligible entrant selected from the correct entries that were received before the Game closes.

Prizes/Approximate Retail Value (ARV). Prizes will be provided by third party vendors. Exact prize descriptions are available for each Game within the Application. Unspecified expenses and taxes (if any) are the Winner’s sole responsibility.  No prize substitution except at Promoter’s sole discretion and only then for prize of comparable value. The prize is not transferable. Promoter makes no representation, warranty or guarantee of any kind regarding prize quality, fitness or operation.  Winners will be solely responsible for any local taxes, and for any other fees or costs associated with the prize received, regardless of whether it, in whole or in part, is used.

All prizes are provided solely by third party vendors. promoter makes no representation or warranty in any respect in connection with any prize. a third party vendor may substitute a prize with a different prize of equal or greater value. you must comply with third party vendor procedures on all prize returns or exchanges. prizes are not transferable or substitutable for cash or coins.

promoter is not responsible for changes to, or discontinuance of, any prize or the withdrawal of any third-party vendor from the application, or for any effect on or devaluation of prizes caused by such change, discontinuance, or withdrawal.

Redeeming Coins 

If You accumulate 10,000 Coins you are entitled to exchange these for a free Amazon gift card, which shall have the value of five British Pounds (£5). If You choose to redeem Your coins in this fashion, You will be asked for Your email address. If You do not respond with requested information, the gift card will be forfeited. You may not receive the gift card if You (i) do not provide accurate data in Your registration; (ii) violate the Agreement; (iii) have invalid uploads (e.g. uploads that are not of receipts as described above, or are for purchases older than thirty (30) days).

Limitation of Liability 

Insofar as permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible for or liable to compensate the winner or accept any liability for any loss, damage personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors of that or their employees. The prizes are provided by third party vendors and as such any claim You may have in relation to the prize is against the third party vendor.  Ourcart and Nielsen accept no responsibility in relation to the prize. Your statutory rights are not affected.

For the avoidance of doubt, the Coins shall have no monetary value and shall not be considered to be legal tender of any description.  The coins are purely tokens to be used to facilitate the operation of the Sweepstake.