Terms and Conditions
This User Agreement is effective as of October 21, 2022 and thereafter. We reserve the right to modify this User Agreement without notice to you other than updating the effective date. Your continued use of PodLottery after a date as set forth here, constitutes your continued agreement to this User Agreement.
Firstly, understand that PodLottery is merely a brand name and not a true lottery. There is nothing to buy, and there is no way to gain entry into our drawings through a ticket purchase. Moreover, there is no tangible monetary value to anything won and no monetary value to any prize. Moreover, every member is able to obtain a completely requirement-free entry into each drawing. What better way to obtain integrity-based listens and reviews of your podcast than from other podcast hosts, who understand the need for such reviews. By joining, your commitment is to listen to and review other podcasts, which may even give you valuable insights into how to improve your own podcast and provide ideas for features you can incorporate into your show. In return, you will be gaining the benefits of a community that will also listen to and review your podcast and provide you with additional valuable critiques as well as ratings boosts. We’ve just added the fun!
PodLottery works according to the following:
Once you’ve decided this is for you as a podcast host (you must have a podcast that you want reviewed and have the authority to request the reviews from this community in order to join), you first sign up by providing the following requested information: name, podcast name (which is the Apple display name – at this time, your podcast must be available through Apple Podcasts), email – which MUST match your podcast RSS, and provide a desired password, and you will have created your account. You will be sent a verification email and you then will enter the verification code sent to you to activate your account. In doing so, you will also be checking a box to agree to this User Agreement. Your podcast will then be a PodLottery Podcast eligible for you to win reviews in our drawings.
PodLottery will choose at least one random winning number and all eligible entries that match the winning number(s) will then be announced as winner(s) and the winner’s Apple Podcast link will be posted for others to then listen and review. Based on your winning numbers, your podcast will be assigned for a certain number of reviews matching your win total. You may not listen to and review your own podcast, but you should listen to and review a podcast winner that is assigned to you to review. Each time you listen to and review a podcast, you will earn one additional entry into subsequent drawings. You agree that for each podcast for which you provide a review, you will actually listen to and provide a genuine, thoughtful, and unique review and you will not simply have a ‘canned’ review that you provide for each review, or a template that you change one or two things. You will provide a review that you would expect for when your podcast is being reviewed.
The odds of being chosen in any given drawing are determined by the number of winning numbers we choose to select and the number of entries you choose to enter in that drawing. You may choose to enter any number of entries up to a maximum of five that you have in your bank. Entering one entry gives you a chance to have one winning number, and if successful, you will win the number of reviews assigned to one correct entry in that drawing. If you choose to submit two entries, you would then have two chances to win on one winning number, and one chance to win on correctly predicting both winning numbers. The more entries you enter, the greater your chances of obtaining one winning number, or two or up to five winning numbers or the number we choose to draw in that drawing. Prior to each drawing, the exact odds chart for that drawing will be displayed on your dashboard. All drawings are completely random and having won in an earlier drawing does not alter your chances of winning in any future drawing. Additionally, anyone else winning in any given drawing has no effect on your chance of winning. However, we may adjust the number of reviews assigned to any winning combination to keep the reviews flowing at a desirable rate (we typically like the number of reviews won in any given drawing to be somewhere between 40% and 115% of the total member accounts active). If you do not provide a review in the stated timeframe prior to the next drawing, you will not earn another entry into the next drawing (and the review may be assigned to another member to earn such entry). Leaving a bona fide review as described herein will automatically gain one eligible entry into the next drawing, there is nothing else for you to do other than post your legitimate review and set your choice of number(s) for your chosen number of eligible entries. PodLottery will have access to verify that you actually listened to the podcast that you are reviewing and that your reviews are in compliance with this User Agreement. The countdown to the next drawing and deadlines to post reviews to obtain your entries will also be available to view on your dashboard. There is no monetary value to an entry into any drawing and they may not be purchased, traded, or redeemed. We have no obligation to continue drawings through any particular time period and we will offer PodLottery solely according to our discretion and at our will. If you win any particular drawing, your podcast will be eligible for the number of reviews won until completed, but you may not defer your win to a time frame of your choosing.
By creating an account in PodLottery, you are not changing any other subscription with any other PodPros offering, paid or free, and you will still be required to maintain those other offerings and fulfill those obligations according to their terms and conditions.
Please feel free to refer other podcast hosts to create an account. If they create an account, and list you as the referral who told them to join, you will gain one extra entry into the next drawing automatically.
PodLottery provides a Settings page where you can set your preferences, opt-out of notifications, navigate to any particular page of our site, or delete your account, which you may do at any time, but you will forfeit any entries you have accumulated at that point and your podcast will no longer be eligible to be reviewed by our members through this program. We may suspend or delete your account at any time in our sole and absolute discretion if you violate any part of this User Agreement.
PodLottery is open to all podcast hosts, except where prohibited by law. PodLottery reserves the right to cancel, suspend, and/or modify this program, permanently, or for any particular drawing, if any problem occurs that might affect the administration, security, or proper play of the promotion.
By joining the PodLottery community, you agree that you are releasing and holding harmless PodPros from and against any claim or cause of action arising out of participation in PodLottery or the ramifications of any review(s) left for your podcast. You are not eligible to receive anything in lieu of your podcast link being posted for the purpose of obtaining reviews as a result of your winning number in any particular drawing. Such prize is deemed and agreed to have no monetary value. Despite any member winning any number of reviews in a particular drawing, PodLottery reserves the right to not assign reviews to be done, and/or, remove podcasts from our platform, in its sole and absolute discretion, in order to protect the integrity of the process (i.e., if it suspects abuse of the system or process).
You understand and agree:
- All information you provide to us (name, email, etc.) are all accurate, correct and up-to-date.
- You are responsible for maintaining the confidentiality of any passwords or other details of your account you use to access PodLottery (provided any such leak of information is not the result of a compromise of our website security).
- You will not engage in any activity that disrupts or interferes with PodLottery functionality or security, including the servers and/or networks through which it is accessed.
- You will not copy, duplicate, reproduce, re-sell, trade, or otherwise violate any of our ownership interest in PodLottery.
- You are solely liable for any consequences, damages, or other losses that we may directly or indirectly incur or suffer due to any prohibited activity on your part or perpetrated through your account.
- You will not solicit from anyone, or provide through your account, anything that is illegal or reasonably deemed offensive or immoral and you will not upload, post, share, or otherwise distribute any content that is illegal, threatening, defamatory, abusive, fraudulent, racist, or otherwise containing any inappropriate language or improperly impersonates any third-party or misappropriates any third-party owned material (and when direct messaging any other user, you will not threaten or harass them and will always treat everyone with whom you interact with the utmost respect) THIS INCLUDES SPECIFICALLY, BUT NOT LIMITED TO, THROUGH THE POSTING OF REVIEWS.
- You agree to indemnify and hold harmless PodPros Productions, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us
- You understand and agree that any claim you may have against us is limited to the amount you paid, if any, for inclusion in PodLottery and PodPros Productions, LLC is not liable for any direct, indirect, incidental, consequential, or exemplary damages which may be incurred by you as a result of using PodLottery, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply
- All content and materials available through PodLottery, including but not limited to text, graphics, website name, code, images and logos, are the intellectual property of PodPros Productions, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by us in writing.
- PodLottery is controlled by PodPros Productions, LLC from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida or of the US, by accessing our website, you agree that the statutes and laws of Florida, and of US federal law, as applicable, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of PodLottery. Moreover, any action to enforce this User Agreement is to be brought in the federal or state courts located in Florida, US and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- UNLESS OTHERWISE EXPRESSED IN WRITING AS TO ANY SPECIFIC RESOURCE OR OTHER MATERIAL, PODPROS PRODUCTIONS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Any member may request their one free entry per drawing by providing us with such written request and identifying their email address associated with their account and mailing the request to our address noted below and, based on the time of receipt and processing, one entry will be added to such member’s account for the then next drawing. Email requests will not be honored for logistical reasons.
We may use your Personal Information in any of the following ways:
- To personalize your experience with PodLottery
- To improve the PodLottery experience in general
- To improve our customer service and to provide you with customer service
- To process transactions you have authorized
- To send you correspondence and administer and provide PodLottery services to you
We protect your Personal Information in the following ways:
- We implement a variety of security measures to maintain the safety of your Personal Information when you create an account. These security measures may include: password protected directories and databases to safeguard your information, SSL (Secure Sockets Layered) technology via HTTPS urls to ensure that your information is fully encrypted and sent across the Internet securely. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. We are GDRP compliant.
We may provide third-party vendors with aggregated, encrypted and de-identified data that is not capable of personally identifying any specific individual. We may provide your Personal Information when we believe release is appropriate to comply with the law, enforce PodLottery policies, or protect ours or others’ rights, property, or safety.
We use only functionality cookies that allow us to provide our users with some user conveniences, such as your site preferences and personalized features. However, they are anonymous and do not track your browsing activity across other websites. Websites that only use functionality cookies (such as this one), may be used with implied consent and your continued use of this website and the Resources is your implied consent to our use of functionality cookies only.
PodPros Productions, LLC
7643 Gate Pkwy STE 104-30
Jacksonville, Florida 32256
Claims of Copyright Infringement and Related Issues
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates the following elements:
- A physical or electronic signature of the poster;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
7643 Gate Pkwy STE 104-30 Jacksonville, Florida 32256 USA
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov.