Terms & Conditions

NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.

Introduction

Welcome to our website (“Site”). This Site is owned and operated by Flamingo Rush LLC (“Flamingo Rush™”). This is a binding contractual agreement between you and Flamingo Rush™.

The Terms & Conditions, and all rules for all sweepstakes, games and other contests are incorporated into one another by reference and are referred to individually and collectively as the “Agreement.”

Your visitation, registration for an account, access and/or use of this Site constitutes your acceptance of this Agreement. Flamingo Rush™ may modify the Agreement at any time without prior notice to you. Such modification is effective immediately upon (1) posting to the Site or (2) otherwise notifying you. You agree to periodically review these terms.

You agree to do business with Flamingo Rush™ electronically. By agreeing, you (i) consent to electronic communication and delivery of all documents related to the Site and services; and (ii) agree that clicking your consent is your binding electronic signature, which binds you to this Agreement and the Privacy Policy.

Definitions

• “Agreement” means these Terms & Conditions.
• “Personally Identifiable Information” means any information that identifies a natural person (e.g., name, SSN, government ID, DOB, address, phone, biometric data).
• “Person” means any natural person, entity, or unincorporated association unless otherwise specified.
• “Site” means any and all pages of the website you are viewing, and any websites on which this Agreement is posted.
• “User,” “you,” or “your” refers to any person who visits, creates an account with, accesses, or uses this Site, or requests/purchases/subscribes to services offered on the Site.

Security

You agree to keep your password confidential and not allow anyone else to access your account. Any communication on this Site or over the Internet should be regarded as insecure unless we explicitly state otherwise.

Refusal & Termination of Service

Flamingo Rush™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason, without prior notice, including for violating any provision of this Agreement.

Export Control

You may not use or export/re‑export the Site or its content except as authorized by United States law. The Site and its content may not be exported or re‑exported (i) into (or to a national/resident of) any U.S.‑embargoed country, (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce’s Table of Denial Orders. You represent and warrant that you are not on any such list and are not located in or acting on behalf of anyone on such a list.

License to Use the Site

Flamingo Rush™ grants, subject to this Agreement, a limited, non‑transferable, non‑sublicensable, non‑exclusive license to use the software, content and documentation which it owns, or of which it is a licensee, for the limited purpose of accessing and using the Site in real time in a manner consistent with this Agreement.

Intellectual Property Rights in the Site

Unauthorized duplication of this Site, in whole or in part, or of any plans, designs, specifications, data or content made available from the Site (except as expressly authorized) is a violation of the Copyright Act of 1976.

Copyrights

Unless otherwise stated, Flamingo Rush™ owns the copyright in this Site and is the owner or licensee of the content hereon, including all “works” as defined in the Copyright Act of 1976 (text, graphics, images, video, audio, audiovisual material, and other content, regardless of media format) (“Copyright Material”). The Copyright Material is protected by U.S. and international copyright laws. You may display and download portions of the Site solely for your personal, non‑commercial use and you agree not to change or delete any proprietary notices. All other uses (reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use) are strictly prohibited.

Trademarks

Flamingo Rush™ is a trademark owned by Flamingo Rush™ (the “Trademarks”). The Trademarks may not be used in any manner or in connection with any product or service without the express written authorization of an officer or director of Flamingo Rush™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this Site by virtue of a right or license.

Notice and Procedure for Making Claims of Copyright Infringement (DMCA)

Notice of Claimed Infringement

Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:

Flamingo Rush LLC
701 Tillery Street
Suite 12 – A185
Austin, TX, US 78702
support@flamingorush.com

To be effective, the notification must be a written communication that includes:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A reasonably detailed description of the alleged infringing material, or a representative list if multiple works on this website are alleged to be infringing;
3. A reasonably detailed description of where the alleged infringing material is located on this website;
4. Information reasonably sufficient to permit us to contact the complaining party (address, telephone number, and email address if available);
5. A statement that the complaining party has a good‑faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter‑Notice

If you believe your content was removed as a result of mistake or misidentification, you may send a counter‑notice containing the following information to the Copyright Agent at the address above:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Fulton County, Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter‑notice is received, we may send a copy to the original complaining party informing them that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order, the removed content may be replaced, or access restored, in 10 to 14 business days or more after receipt of the counter‑notice, at our sole discretion.

General Submissions

Flamingo Rush™ values and encourages feedback. However, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested. If you choose to send creative submissions to us (whether requested or not), you hereby irrevocably assign and transfer to Flamingo Rush™ any and all rights, throughout the universe, in and to each submission (including all elements), without compensation, including all copyrights, trademark rights (and goodwill), patent rights, trade secret rights, know‑how, and all other intellectual property and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you irrevocably waive enforcement of any and all moral rights. Flamingo Rush™ may use submissions and all content/data therein for any purpose without compensation or recognition.

User Representations & Warranties

You represent and warrant that you are at least 18 years of age and have reached the age of majority where you reside; that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with it; that you will be financially responsible for your use; that you will (i) provide true, accurate, current and complete information as requested by forms on this Site; and (ii) maintain and update your information to keep it secure, true, accurate, current and complete. You further represent and warrant that you will not provide us with the personal information of anyone under the age of 13.

Governing Law, Jurisdiction & Venue; Arbitration

All uses of the Site, and all content contained herein (including disputes), are governed by the laws of the State of Georgia and the United States of America, without regard to conflicts principles. All disputes shall be submitted to and resolved by binding arbitration in Fulton County, Georgia, and any award shall be confirmed exclusively in the courts situated in Fulton County, Georgia. You irrevocably consent to such jurisdiction/venue. Arbitration shall be confidential and conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and a written record of the hearing shall be prepared.

Waiver of Class Action / Jury Trial

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE AS A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO DO SO. YOU FURTHER IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FLAMINGO RUSH™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT; (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILLFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY MERCHANDISE OR SWEEPSTAKES ENTRY; AND/OR PURCHASE, POSSESSION, USE OR NONUSE OF SWEEPSTAKES WINNINGS; AS WELL AS YOUR PARTICIPATION IN ANY SWEEPSTAKES, CONTEST OR PROMOTION. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OF ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY AFFECT AN INDEMNIFIED PARTY’S RIGHTS SHALL BE ENTERED INTO WITHOUT THAT PARTY’S PRIOR WRITTEN APPROVAL.

Limitation of Liability

ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT FLAMINGO RUSH™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE, THAT ARISE OUT OF OR RELATE TO YOUR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF MERCHANDISE OR A SWEEPSTAKES ENTRY; OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR ANY EXTERNALLY‑LINKED THIRD‑PARTY SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OPPORTUNITY, BUSINESS, EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.

Disclaimer of Warranties

ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. FLAMINGO RUSH™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. FLAMINGO RUSH™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Site Usage Policy

The Site may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable law or regulation, or in violation of this Site Usage Policy, is strictly prohibited. Examples include unauthorized reproduction or use of copyrighted works, patents, inventions, trademarks, trade secrets; dissemination of content prohibited by U.S. Export Control Regulations; or harmful, harassing, or fraudulent content. Using the Site to perform, or solicit the performance of, any illegal activity is strictly prohibited.

Additionally, the following uses are strictly prohibited:

• Posting or transmitting unsolicited advertising, promotional materials, junk mail, “spam,” chain letters/emails, calls, or any other form of solicitation.
• Spamming any email address that appears on the Site.
• Posting any multi‑level marketing, pyramid schemes, “club membership,” distributorship or sales representative arrangements, or other business/commercial opportunities.
• Including hidden text in postings (e.g., white or invisible text).
• Deleting or revising material posted by any other person or entity.
• Sharing your password or allowing any third party to access nonpublic areas of the Site using your account.
• Using engines, software, tools, agents, or other mechanisms (including browsers, spiders, bots, avatars, or intelligent agents) to navigate or search the Site other than (i) the search engine and agents available on the Site, and (ii) generally available third‑party web browsers.
• Accessing the Site by any means other than through the interface provided.
• Deciphering, decompiling, disassembling, or reverse‑engineering any software comprising or making up the Site.
• Aggregating, copying, or duplicating any materials or information available from the Site.
• Framing or linking to any materials or information available from the Site in a misleading or deceptive manner.

This document is provided for convenience and does not constitute legal advice.