Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Ad-Smartly Inc. ("AdSmartly," "we," "us," or "our"). By accessing or using the AdSmartly platform — including the advertiser portal at advertisers.ad-smartly.com, the consumer mobile application, or the sweepstakes entry form — you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the platform.

2. Eligibility

• You must be at least 18 years of age to use any part of the AdSmartly platform.
• You must be a legal resident of the United States (excluding Rhode Island and, until further notice, New Jersey — see geographic restrictions below).
• You must have the legal capacity to enter into binding contracts.
• Employees, officers, and directors of AdSmartly and their immediate family members are not eligible to participate in prize draws.

3. Account Registration

• You may create only one account per person. Creating multiple accounts to gain additional draw entries is fraud and will result in permanent disqualification and forfeiture of any prizes.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must provide accurate, current, and complete information during registration. Providing false information — including age, identity, or location — voids your eligibility for prizes.
• You must notify us immediately of any unauthorized use of your account at support@ad-smartly.com.

4. Platform Rules — App Users

Watching Ads and Earning Entries

• You must watch at least 75% of each ad before quiz questions are unlocked.
• Quiz answers are validated server-side. Attempting to submit answers without watching the ad, or using automated tools to bypass quiz requirements, is prohibited.
• Draw entries are awarded based on quiz performance and are tracked in our system. Entries are non-transferable and have no cash value outside the draw context.

Energy System

The platform uses an energy system to pace ad viewing. Energy recovers automatically over time (and fully resets at midnight). Energy mechanics exist to ensure ad quality for advertisers — they are not designed to coerce purchases.

Coupons

Coupons are issued to you when you successfully complete a quiz. Coupons are redeemable only at the specific advertiser that issued them, subject to the terms and expiration date displayed on each coupon. Coupons have no cash value.

5. Platform Rules — Advertisers

Campaign Content

• All ad content must be truthful, accurate, and comply with applicable advertising laws (FTC guidelines, state consumer protection laws).
• Ad content must not be deceptive, discriminatory, obscene, or violate any third-party intellectual property rights.
• Quiz questions must be answerable from information provided in the ad itself — they may not trick, mislead, or require external knowledge.
• AdSmartly reserves the right to reject or remove any campaign that violates these standards, with no refund of already-spent budget.

Billing and Revenue Split

All campaign budgets are billed in advance via Stripe. When users view your ad and pass the quiz, your spend is allocated according to the following fixed, immutable revenue split set at campaign creation:

Note that 35% of your ad spend returns to you as customer coupons redeemable only at your business — reducing your effective net cost.

Founding Advertiser Program

Qualifying founding advertisers who join during our launch period may be offered promotional terms. Such terms will be stated explicitly in your campaign dashboard and supersede standard billing for the stated period.

6. No-Purchase-Necessary Statement

7. Prize Draws and Payouts

• Draws are conducted on a weekly schedule (city and national pools). Draw dates and prize amounts are displayed in the app.
• Winners are selected using cryptographically secure random number generation. Draw results are final.
• Prize pools are funded by advertiser spending. Minimum guaranteed prize amounts are published in the app; actual amounts depend on advertiser activity.
• Winners will be contacted via the email address on their account within 48 hours of draw completion.
• Prizes are paid via Stripe to a bank account or debit card provided by the winner. Winners must complete identity verification as required by Stripe.
• Prizes of $600 or more are subject to federal income tax reporting. Winners will receive IRS Form 1099-MISC. All taxes are the sole responsibility of the winner.
• Unclaimed prizes will be held for 60 days. After that, unclaimed prizes are redistributed to a future draw pool.

8. Coupons

• Coupons are issued for informational and promotional purposes and have no cash value.
• Each coupon is valid only at the issuing advertiser, subject to that advertiser's participation in the platform.
• Coupons expire on the date shown. Expired coupons cannot be redeemed.
• Coupons are non-transferable and may not be sold or exchanged.
• AdSmartly is not responsible for an advertiser's failure to honor a coupon. Please contact the advertiser directly, or report issues to support@ad-smartly.com.

9. Prohibited Conduct

The following are strictly prohibited and will result in immediate account suspension and forfeiture of all entries and prizes:

• Using bots, scripts, or automated tools to watch ads, answer quiz questions, or submit entries
• Creating multiple accounts to gain additional entries
• Spoofing your device ID, IP address, or geographic location
• Sharing accounts or allowing others to earn entries on your behalf
• Attempting to manipulate, hack, or reverse-engineer any platform component
• Submitting fraudulent AMOE entries (false name, address, or identity)
• Attempting to intercept or modify quiz answers in transit
• Advertisers: submitting false business information or running campaigns for illegal products or services

10. Intellectual Property

AdSmartly and its licensors retain all intellectual property rights in the platform, including software, design, logos, and trademarks. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

Advertisers: By uploading ad content, you grant AdSmartly a non-exclusive, royalty-free license to display, serve, and store your content for the purpose of operating your campaigns. You represent and warrant that you own or have all necessary rights to your ad content.

11. Disclaimer of Warranties

Important — please read

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADSMARTLY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADSMARTLY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ADSMARTLY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

IN NO EVENT SHALL ADSMARTLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify and hold harmless AdSmartly and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the platform, your violation of these Terms, or your violation of any third-party rights.

14. Termination

AdSmartly may suspend or terminate your account at any time, with or without notice, for violation of these Terms or any behavior we reasonably determine to be harmful to the platform or other users.

Upon termination: (a) your access to the platform ceases immediately; (b) all pending draw entries are forfeited; (c) unclaimed prizes may be forfeited if the termination is due to fraud or Terms violation; (d) unused advertiser campaign budget may be refunded at AdSmartly's discretion.

You may close your account at any time by emailing support@ad-smartly.com.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be resolved in the state or federal courts located in Kings County (Brooklyn), New York, and you consent to personal jurisdiction there.

For informal dispute resolution, please contact us first at support@ad-smartly.com. We will make a good-faith effort to resolve your concern within 30 days.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and notify active users by email at least 14 days before the changes take effect. Continued use of the platform after that date constitutes acceptance of the updated Terms.

17. Contact