Wonolo’s Standard Terms And Conditions For Incentives
Effective Date: August 8, 2022
If you are using the Wonolo service to view and accept posted requests as an independent contractor, these Terms are incorporated into and considered a part of the Independent Contractor Services Agreement that you agree to when you use our service and any modifications thereof (the “Services Agreement”), available at https://www.wonolo.com/terms as well as any documents incorporated by the Services Agreement.
If you are participating in an Incentive Program as a business or on behalf of a business, you represent and warrant that you have the power and authority to participate in the Incentive Program and bind the business to these Terms.
Specific Terms and Conditions
Specific Terms and Conditions. From time to time we may run Incentives that provide for specific terms and conditions (“Specific Terms”). Specific Terms may require that certain eligibility, criteria and/or conditions be met for the Incentive to apply. Specific Terms may include entry instructions and any other specific details, rules or conditions relating to a particular Incentive, and may be published on the Wonolo mobile application (the “App”), our website, social media platforms, advertising materials, or in any other media that features the Incentive. In the event of any conflict or inconsistency between these Terms and the Specific Terms, the Specific Terms shall prevail.
Participation in any Incentive is voluntary. To participate in any Incentive, you should follow the instructions set out in the relevant Incentive communication and, where appropriate, the applicable Specific Terms. Unless otherwise indicated in the applicable Specific Terms, you may participate in each Incentive only once.
Start and End Date/Time
The period of time during which each Incentive will run will be specified in the Specific Terms (the “Incentive Period”). Unless otherwise specified, each Incentive Program will start immediately (i.e. as soon as it is first promoted), unless a later start date/time is specified. The closing date/time for an Incentive will be made clear in the Specific Terms or the relevant promotional materials. For a job or action to qualify within the Incentive Period, the job start date or the date as to when the action is performed should be within the Incentive Period. Unless otherwise specified, all times will be based on a time zone set at the discretion of Wonolo.
Some Incentives may only be available in specific geographic areas.
Some Incentives may specify other restrictions including without limitation specific jobs worked for a specific customer and/or at a specific location.
Completed and Approved Jobs
Unless otherwise specified, only approved jobs may qualify for the Incentive.
Termination and Withdrawal
We may terminate these Terms, any Incentive, and/or any Incentive Program, in whole or in part, and/or any user’s participation at any time. Wonolo shall not be liable to any user for any Incentive if such user is disqualified or is otherwise suspended or terminated by Wonolo.
Wonolo reserves the right to modify or discontinue these Terms, any Incentive or Incentive Program, or any user’s participation therein, in whole or in part, at any time without prior notice. If any modification to these Terms is unacceptable to you, your sole recourse is to terminate your participation in the Incentive Program.
If we consider that your participation in any Incentive Program is in breach of these Terms, the Specific Terms, the Services Agreement, any other agreement between you and Wonolo, or if we have grounds to suspect any user of cheating, deception or fraudulent conduct of any kind, without limiting the options available to us, we reserve the right to disqualify any user we reasonably believe to be responsible for or associated with such activity. We also reserve the right to disqualify any user if in our reasonable opinion such users conduct themselves in a way that is abusive or which exposes you or others to any medical, security, safety or similar risk whatsoever. Any such determination shall be at the sole and absolute discretion of Wonolo.
Unless otherwise specified, payments resulting from any Incentive are processed after the conclusion of the Incentive Period. Payments may take up to seven (7) days from the time when the payment was processed to be reflected in your account and may, in some cases, take longer.
We reserve the right to seek a return or claw back any Incentive that may have been awarded in error.
Your participation in any Incentive Program is at your own risk. Wonolo, its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors shall not be liable for any loss, damage or injury suffered or sustained, directly or indirectly, whether caused by negligence or not, as a result of (i) your participation in any Incentive Program and/or your acceptance, possession, use, or misuse of any Incentive or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; or (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
Any entitlement to receive any Incentive is personal to you and is non-transferrable.
Taxes and Costs
You are solely responsible for the payment of any applicable tax or costs associated with the relevant Incentive.
With respect to any submission or entry you make in the course of participating in any Incentive Program, you warrant that the relevant material will be all your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) in such material and agree to execute all documents and to do any other things reasonably necessary to ensure our title to such material and allow us to use such material.
By participating in an Incentive Program you understand that Wonolo, anyone acting on behalf of Wonolo, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Incentive Program, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
Final and Binding Decision
Wonolo has the right, in its sole discretion, to maintain the integrity of any Incentive Program, to void entries for any reason, including, but not limited to cheating, deception, fraudulent conduct or use of fraudulent methods or other actions, including attempting to circumvent the Terms. In case of any disputes, our decision shall be final and binding upon the parties.
Governing Law and Jurisdiction
THESE TERMS ARE GOVERNED BY THE LAWS OF U.S.A AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in any Incentive Program, you agree that any and all disputes which cannot be resolved between the parties arising out of the Incentive Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering an Incentive Program), and you further waive all rights to have damages multiplied or increased. This provision does not supersede, modify, limit, or otherwise abrogate any agreement you may have to arbitrate disputes with Wonolo as set forth in the Services Agreement or otherwise.
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