Terms of service

Terms of Service/Terms of Use

Last Updated: February 19th, 2026

Welcome to Publishers Clearing House (“PCH”)!

These Terms of Use govern Our relationship with You, so please be sure to read them carefully. By using this Site, you agree to all of the Terms. If You do not agree to all the Terms, please stop using Our Site immediately.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION AND ARBITRATION: ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THESE PCHTERMS OF USE OR THE SITE SERVICES GENERALLY MUST BE SETTLED BY FINAL BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For further details, please see Section 32.

As of July 15th, 2025, PCH is operating under new ownership! These terms and conditions ("Terms") apply to the use of the PCH website, PCH Shopping, PCH Club, PCH Cashback and App (the "Site"). By entering a sweepstakes, placing an order, initiating a subscription or registering,  use of the Site and/or participation in the PCH sweepstakes (each a “Sweepstakes”), and any other contests, events, games, tasks or other promotions contained on or available through the Site (collectively the "Promotion") constitutes your acceptance of these Terms and will give rise to a binding contract between PCH Digital, LLC ("We," "Us," or "Our") and you ("You" or "Your"), consisting of these Terms, the Official Rules, the Sweepstakes Facts and the Privacy Policy, all of which, collectively, are referred to below as the "Agreement." The PCH services provided on the Site (collectively, the "Services") are subject in all respects to the Agreement. As We endeavor to bring you a rewarding Site experience, changes and improvements may be required from time-to-time by Us in Our sole discretion. Please review these Terms frequently to ensure that You are aware of any changes.

By accessing the Site and using the Services, You agree as follows: YOU REPRESENT AND WARRANT THAT YOU ARE A NATURAL PERSON AT OR OVER THE AGE OF 21 AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THE OFFICIAL RULES, THE SWEEPSTAKES FACTS, AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE INTO THE AGREEMENT, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THE AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS SITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND THE AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS.

1. Account Information.

In order to access some of the Services, You must create an Account with certain personal information, or sign in using Your PCH account credentials. This information will be held and used in accordance with Our Privacy Policy. You are responsible for maintaining the security of Your Account. You are solely responsible for any activity on Your Account, whether or not authorized by You, including any purchases or redemptions.

If You suspect fraud or any unauthorized use of Your Account, please contact customer service immediately.

If for whatever reason We suspect You are in violation of section 13 (Fraudulent Activity Policy) hereof, or are otherwise ineligible to participate in the Services available on Our Site, We have the right to restrict Your transaction without any notice owed to You.

2. Licenses.

(a) General. There is no fee payable by You for the privilege of using the Site and no purchase is necessary to participate in the Sweepstakes. Your access to the Site is pursuant to a free, limited, revocable and non-exclusive license from Us, which may be modified, terminated, restricted or limited by Us at any time. You agree to use the Site solely for Your own personal, non-commercial, entertainment purposes. If You are a prize winner in the Sweepstakes, You are also required to grant to Us certain publicity rights. Please see Section 10 of these Terms and the Official Rules for more information. These Terms do not grant You or any other party any right, title or interest in the Site or any content available within the Site.

(b) Virtual Items. The Site offers, as part of its Services, the ability to earn Tokens, a virtual currency, through gameplay and various actions. Notwithstanding anything contained herein to the contrary, You acknowledge and agree that (i) none of Your earned Tokens have any "real world" monetary value outside of the Site; and (ii) that Tokens are not Your property and that You have no proprietary right, title or interest in or to any of them. By earning Tokens on the Site, You are acquiring only a limited, revocable, non-transferable license to use the Tokens on the Site. The license to use the Tokens will continue only for so long as the Agreement remains in place and We continue to offer the Site. If for any reason We terminate this Agreement or otherwise revoke Your access to the Site and use of the Services, Your license to use any Tokens will terminate as well.

3. Accessibility. You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which We may undertake from time-to-time; or (c) causes beyond Our control or which are not foreseeable by Us. We shall not be responsible or liable in any way to You or anyone else due to or as a result of any such inaccessibility or inoperability. We reserve the right to stop offering and/or supporting the Site or any part of the Services, at any time, either temporarily or permanently, in Our sole and absolute discretion. In the event We exercise this right, Your license to access the Site and use the Services will be suspended or terminated as the case may be. You are not entitled to compensation for loss of such access or use.

4. Eligibility. To use the Site or the Services, You must be a natural person, who is a legal resident of the United States, is assigned the email address submitted with Your registration, and is otherwise eligible under the Official Rules. In the event of any conflict between these Terms and the Official Rules as to eligibility or any other matter relating to Sweepstakes or Promotions, the Official Rules will control. See the Official Rules for details and additional information.

5. Equipment and Data Charges. You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for Your use of the Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Site.

You are responsible for any mobile charges that You may incur for using the Site, including, but not limited to, data charges. If You have any questions regarding mobile charges, please contact your service provider.

6. Use of Personal Information. Any information concerning You or Your use of the Site or the Services or Your participation in the Sweepstakes may be used by Us in accordance with and as set forth in the Privacy Policy and the Official Rules. See the Privacy Policy and Official Rules for details and additional information.

7. Proprietary Rights. All or portions of the Site are proprietary to Us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Site, or other aspect of the Services or the Sweepstakes, for any purpose whatsoever.

8. Rules for the Sweepstakes. Any Sweepstakes entry opportunity made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Sweepstakes, You will become subject to the Official Rules, which may vary from these Terms or the official rules that govern other sweepstakes or promotions sponsored by Us. We urge You to review the Official Rules and Sweepstakes Facts for each Sweepstakes or Promotion in which You choose to participate. See the Official Rules and Sweepstakes Facts for details and additional information.

9. Privacy Policy. You have the right to know how We collect, use and share information about You and Your access to the Site and use of the Services. The operation of the Site requires the submission, and involves the use and sharing of such information. Your use of the Site or the Services constitutes acceptance of Our policies and practices for the collection, use and sharing of personal identifying information. Please see Our Privacy Policy for additional details.

10. Publicity. Entering any prize available through the Site shall, unless prohibited by law, constitute a grant to Us by You of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered, at any time, Your name, picture, voice, likeness, biographical information, the amount of any prize and the Sweepstakes from which it was won and/or any quotation, statement, image or other content that You are willing to provide, for promotional purposes without additional compensation and without additional consent.

The views expressed by users of Our Site do not necessarily reflect Our views.

11. Password Policy. Access to the Site and the use of the Services may require You to use log in information consisting of an email address and a password. During the registration process for the Site, You choose a unique sign-on password to become a user of the Site and gain access to restricted areas of the Site. Only one user can use each email address and corresponding password. Anyone with knowledge of both Your email address and password can gain access to the restricted portions of the Site. By using the Site, You agree to keep Your password secret. In particular, You agree to be solely responsible for the confidentiality and use of Your password as well as for any communication or interaction entered through the Site when using Your password. You will immediately notify Us if You become aware of any loss or theft of Your password or any unauthorized use of Your password. We reserve the right to delete or change a password at any time and for any reason.

12. Enforcing Security on the Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We reserve the right to view, monitor and record activity on the Site without notice or permission from You. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will comply with all court orders involving requests for such information.

13. Fraudulent Activity Policy. The Site strictly prohibits user fraud and abuse relating to access to the Site or use of any Services made available on or through the Site. In accessing the Site or using any Services, or any other activities, products or services offered by or through the Site, You represent and warrant that: (a) all information You supply is complete and accurate, (b) You are not acting in violation of any applicable laws, rules or regulations or of these Terms, and (c) You will not circumvent or attempt to circumvent any provision of these Terms or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in or displays behavior that may be interpreted, in Our sole and absolute discretion, as the use of unfair, improper or unauthorized methods or activities on the Site, including (but not limited to) the opening and/or use of multiple accounts, the use of multiple devices simultaneously, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Site from a foreign or otherwise ineligible location or IP address, using automated technology, proxy servers or other means to conceal Your identity, intentional poor play in certain games in order to achieve a broader competitive advantage, collusion with other players or any other act or circumstance that unfairly alters Your chance of winning, gives You an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of the Agreement, any breach of the security of Your Account or the Site or any other activity that We, in our discretion, deem to be abusive (collectively, "Abuse"), shall be subject to immediate sanction (as determined in Our sole and absolute discretion), including without limitation: (1) Your Account may be terminated without notice and Your access to the Site blocked; (2) any entries submitted will not be valid and You will not be eligible to win; (3) any “winning” invalid entries will be void and may report a losing result; (4) any prizes, winnings and any other representative of value (if any) that You may otherwise have been entitled to receive shall be void and forfeit; and (5) any prizes, winnings or representative of value already received by You shall be subject to disgorgement and/or recoupment.

14. Digital Millennium Copyright Act Compliance. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove material on the Site which allegedly infringes another person’s copyright. If You are a copyright owner or an agent thereof and believe that any content on the Site infringes upon Your copyright, You may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
  • Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that You have 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notification of claimed infringement is: Legal at PCH. Postal Address: 2121 Biscayne Blvd #1356, Miami, FL 33137. Email: copyright@pch.com . You acknowledge that if You fail to comply with all the requirements of this Section 14, Your DMCA notice may not be valid.

15. No Redistribution or Resale. You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of the Site for commercial purposes.

16. No Interference or Circumvention. You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, scripting, spider, spyware, adware, etc.) that is designed to or does in fact: (a) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on the Site; (b) deliver promotional, advertising, marketing, commercial or non-commercial material to users (e.g. pop-up advertisements) without Our express written permission; or (c) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of the Site or the Services; or (d) make the Site or the Services incapable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site and the Services or any Sweepstakes or Promotion included therein.

17. Linking and Framing. You agree not to bypass or attempt to bypass the home page of the Site and “deep link” or bookmark to any other page in the Site, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.

18. Third Party Products/Services. You acknowledge and agree that the Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquired through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Site.

19. Advertisers on the Site. In Our sole discretion, We may post advertisements from and by third parties on the Site. Your transactions or correspondence, or any other dealings, with advertisers found on the Site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on the Site.

20. Links to Other Sites. We may provide links, in Our sole discretion, to other sites on the World Wide Web for Your convenience in locating related information, products and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, materials, accuracy of the information and/or quality of products or services provided by or advertised or on third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

21. Events Beyond Our Control. You expressly absolve and release Us from any claim of harm resulting from a cause beyond Our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.

22. Representations and Warranties. By using the Site, You represent and warrant the following: (a) You have the right, power and authority to enter into and perform the Agreement; (b) any information that You provide when registering to access the Site and use the Services is accurate, truthful, reliable and current; (c) You have the legal right to submit any content provided by You and no such submission or use of any such content by Us does or will violate the rights (including intellectual property rights and the rights of privacy or publicity) of any third party, and (d) You will not access the Site or use the Services to violate any federal, state and/or local law or to infringe the rights (including intellectual property rights) of any third party.

23. Disclaimer of Warranties. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ACCESS TO THIS SITE AND USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO YOUR ACCESS TO THE SITE OR USE OF THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

24. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM YOU; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, THE SERVICES OR ANY SWEEPSTAKES OR PROMOTION; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY (IN WHOLE OR IN PART) TO YOU.

25. Reliance upon Limitations. The parties acknowledge that they have entered into the Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in the Agreement will survive and apply even if found to have failed of their essential purpose.

26. Indemnification. You agree to indemnify, hold harmless and defend Us, Our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) the Agreement and/or any breach or alleged or threatened breach by You; (b) Your access to the Site or use of the Services or any Sweepstakes or Promotion included therein, including any data, content or material transmitted or received by You; (c) any unacceptable or objectionable use of the Site, the Services or any Sweepstakes or Promotion included therein by You; (d) any negligent or willful misconduct by You.

27. Integration and Conflicting Terms. The Agreement, consisting of these Terms, the Official Rules, the Sweepstakes Facts and the Privacy Policy, constitutes the complete and exclusive agreement between You and Us with respect to access to the Site and use of the Services and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between You and Us concerning the use of the Site, the Services and any Sweepstakes or Promotion included therein. These Terms, the Official Rules, the Sweepstakes Facts and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the order of priority shall be Official Rules, Sweepstakes Facts, Privacy Policy and finally these Terms.

28. Modification and Amendment. We have the right at any time or from time to time to modify or amend the terms and conditions of the Agreement, in which case the Site will display such changes, which will be Your only notification of any such change. Any use of the Services by You after such notification shall constitute Your acceptance of the modified or amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us. For material changes affecting subscription fees or consumer rights, we will provide advance notice via email and/or account notification.

29. Force Majeure. If the performance of any part of the Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other cause or causes beyond our control, We shall be excused to the extent that We are prevented, hindered or delayed by such cause or causes.

30. Severability. If any one or more of the provisions contained in these Terms or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.

31. Waiver. No waiver of any provision of these Terms or the Official Rules shall be effective unless it is in writing and signed by Us. No waiver of any provision of these Terms or the Official Rules on one occasion shall constitute a waiver of any other provision or of the same provision on any other occasion.

32. IMPORTANT Binding Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, the Services, any Promotion, prize award, membership program, subscription, or any relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration, except as expressly provided herein. This arbitration agreement is intended to be broadly interpreted and applies to the maximum extent permitted by law. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. This arbitration clause applies to all claims arising under any legal theory, and continues to apply even after You stop using Your Account or delete it.

(b) Delegation of Authority The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, unconscionability, arbitrability, or formation of this arbitration provision, including any claim that all or any part of this provision is void or voidable.

(c) Arbitration Procedures

Arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its:

  • Commercial Arbitration Rules; or
  • Consumer Arbitration Rules, where applicable, as determined by AAA based on the nature of the Dispute.

The arbitration shall:

  • Be conducted before a single neutral arbitrator;
  • Be conducted in English;
  • Take place in a mutually agreed location or, absent agreement, in the county of Your residence or via virtual proceedings; and
  • Proceed on a confidential basis to the fullest extent permitted by law.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

(d) Individual Relief Only — Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

You and We agree that:

  • Neither party may bring claims as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.
  • The arbitrator may not consolidate claims of more than one person.
  • The arbitrator may not preside over any class, collective, or representative proceeding.
  • Relief may be awarded only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

Any relief awarded cannot affect other users or participants.

(e) Jury Trial Waiver

To the fullest extent permitted by law, You and We waive any right to a trial by jury in any action or proceeding relating to any Dispute, whether in arbitration or court.

(f) Mass Arbitration Procedures

If twenty-five (25) or more substantially similar arbitration demands are filed against Us by the same or coordinated counsel or entities (“Mass Arbitration”), the Parties agree that:

  1. The arbitrations shall be administered in coordinated batches.
  2. AAA shall appoint a procedural arbitrator to structure staged proceedings.
  3. Initial bellwether cases may be selected to facilitate resolution.
  4. Filing, administrative, and arbitrator fees shall be assessed as determined by AAA rules, subject to applicable law.

This provision is intended to promote efficiency and reduce duplicative costs.

(g) Fees and Costs

Payment of all filing, administration, and arbitrator fees shall be governed by AAA rules and applicable law.

Where required by law:

  • We will pay consumer arbitration filing fees beyond a nominal amount.
  • Each party shall bear its own attorneys’ fees unless otherwise awarded by the arbitrator under applicable law.

The arbitrator may award fees, costs, or expenses where authorized by statute, contract, or AAA rules.

(h) Governing Law — Federal Arbitration Act

This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and shall be interpreted and enforced in accordance with its provisions.

(i) Changes to Arbitration Provision

We may update this Arbitration and Class Action Waiver provision from time to time. We will provide at least thirty (30) days’ notice of material changes via email or through the Site. Continued use of the Site or Services after the effective date constitutes acceptance of the revised provision.

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ARBITRATION PROVISION AND AGREE TO BE BOUND BY ITS TERMS.

33. Governing Law and Forum

(a) Governing Law. The Agreement and the rights of the parties thereunder shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict or choice of law principles.

(b) Forum. Any legal proceedings in respect of a dispute that cannot, for any reason, be resolved through arbitration shall be conducted exclusively in the federal and state courts sitting in New York County, New York, and both You and We hereby irrevocably submit to the personal jurisdiction of such courts for such purposes and waive any objection to venue therein or otherwise in the nature of inconvenient forum.

34. Remedies. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of these Terms, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in the Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.

35. No Third Party Beneficiaries. No provision of the Agreement is intended to create, or creates, any rights in or benefits to any third party.

36. Notice. Any and all notices to You relating to the Site, the Services, any Sweepstakes or Promotion included therein, or Your use of any thereof shall be deemed to be delivered when displayed on the Site. All notices to Us shall be sent via first class mail or other nationally recognized courier to: PCH Digital, LLC, 2121 Biscayne Blvd #1356, Miami, FL 33137, with a copy to PCH Digital Legal Department.

37. Survivability. The respective rights and obligations of the parties, if any, pursuant to Sections 21 through 26, inclusive, Sections 31 and 32, and any other provisions which by its nature or express terms should survive, shall survive any termination or expiration of the Agreement.

38. Neutral document. No provision of these Terms, the Official Rules, the Sweepstakes Facts or the Privacy Policy shall be interpreted or construed against Us because We were the drafter thereof and shall be interpreted in a neutral manner.

39. Headings and Order. The headings and sequential order of the sections contained in these Terms are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of these Terms.

II. PCH Club, PCH Shopping and Cashback Specific Details

The following PCH Shopping details (“Shopping Terms”) apply solely to your participation in the PCH Club, PCH Shopping and associated PCH Cashback program (“Shopping”). PCH Shopping is powered by Shopify, which enables us to provide certain services to you. These Shopping Terms supplement and form part of these Terms of Use. If there is any conflict between these Shopping Terms and the general Terms of Use, these Shopping Terms will control solely with respect to Shopping.

1.     Program Details. The PCH Club is a paid membership offering that provides eligible members with access to certain benefits, which may vary by membership tier. Benefits may include, without limitation, access to a cashback savings portal, exclusive offers, discounts, promotions, rewards, or other features as determined by PCH from time to time. 

2.     Membership Tiers. The PCH Club may offer multiple membership tiers (each, a “Tier”), which may differ in:

·       Monthly or annual membership fees;

·       Available benefits;

·       Cashback percentages, limits, or eligibility; and

·       Access to certain promotions or features.

Current Tier descriptions and pricing are made available at the time of enrollment and may be updated from time to time.

3.     Membership Fees. Membership fees are billed in advance on a recurring basis, every 30 days from the date you first subscribe. Fees are non-refundable except as required by law or expressly stated in promotional material associated with the offer you took advantage of to subscribe. You may cancel at any time by going to your Membership Portal and selecting Cancel Membership from the current plan.

4.     Equal Treatment of Entries. Entries received through PCH’s Free Alternate Method of Entry (“AMOE”) will be:

·       Accepted and processed in the same manner as entries associated with a paid membership;

·       Pooled together with all other eligible entries for winner selection;

·       Subject to the same verification, eligibility, and disqualification standards.

Paid membership does not increase the odds of winning a sweepstakes. If an entry multiplier or similar promotional enhancement is offered, AMOE entries submitted during the applicable promotional period will receive the same multiplier or enhancement.

5.     Automatic Renewals. By enrolling in a subscription, you authorize PCH to automatically renew your membership at the end of each billing period (every 30 days) and charge the applicable membership fee to your selected payment method, unless you cancel before the renewal date. You may cancel your subscription at any time by visiting your Membership Account. You agree that we and/or our payment agents appointed by us from time to time may store your payment details to process future purchases. By accepting these Terms, you authorize us and/or our payment agents to store Your payment credentials in compliance with applicable payment processing regulations.

6.     PCH Cashback Rewards. The Shopping platform enables you to access and earn Rewards, subject to the guidelines herein. “Rewards” means any incentive that you may earn through PCH Cashback, including cash-back, discounts, digital coupons, loyalty points, and other reward or loyalty mechanisms.  

a. PCH Cashback may include cashback and referral bonuses activated by the creation of trackable links (referred to herein as a “Link”) for one or more “Merchant” (which include, for example, online retailers of products, services or content). Links may be embedded within browsers or other forms of digital communications and may redirect you (or direct recipients, with whom you share the Link) to one or more Merchants. Links are configured to track and attribute transactions to you so that you may earn a Reward if you complete a transaction with a Merchant.

b. Some transactions may not earn Rewards or may earn at a rate which is different from the rate indicated by PCH Cashback. You are not guaranteed to earn a Reward from a transaction. Even if PCH Cashback indicates that a transaction is eligible or confirmed, transactions may not earn Rewards for several reasons, without notice to you, including without limitation:

i. Merchants may alter terms, conditions, or commission rates;

ii. Merchants may discontinue their programs.

iii. Merchants may exclude certain products from Reward eligibility.

c. Merchants may have technical failures which result in transactions failing to be tracked or attributed to you. Links may fail to function properly. Link tracking may cease to function during transmission when you share it with others. Links may be altered or disabled by web browsers or ad blockers. Merchants may reject transactions due to suspected policy violations. The communication channel or browser through which the Link is activated or shared may modify or block the Link, alter the tracking code, or strip out the tracking code.

d. We reserve the right, in our sole discretion, to withhold, cancel or adjust the amount of any Reward or Reward distribution, for any reason at any time. By using PCH Cashback, you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you may receive a Reward. We reserve the right at any time to cancel, modify, or restrict any aspect of PCH Cashback.

e. Some Rewards originate from marketing fees paid by a Merchant to us. Merchants may have holdback periods during which they hold a pending distribution for a specified period, for example, until the expiration of a return policy and/or until a service is consumed. If we are not paid for a transaction by a Merchant, we shall have no obligation to provide any Reward to you for the associated transaction. We only provide a Reward to you after a transaction is successfully tracked and completed and after we receive payment for that specific transaction from the Merchant. If, for any reason or no reason, the Merchant pays less than expected amount or does not pay a commission for the transaction, we reserve the right, in our sole discretion, to adjust or cancel the Reward.

f. Some Rewards may include coupons, discounts or promotions from Merchants (“Offers”). We do not guarantee that merchants will honor Offers. Offer codes may be expired or invalid. Offers may not be eligible for your transaction, based upon exclusions, terms and conditions determined by Merchants.

g. Any Reward amount which may be due to you is determined by us in our sole discretion.

h. When you activate cashback and complete a purchase of eligible products at participating Merchants, this may generate a pending Reward, which is conditional until confirmed as described herein. Any information sent to you, such as a notification, email or account message or displayed within your dashboard regarding a pending Reward shall be conditional and shall not create a contractual obligation. We may alter or cancel a pending Reward for any reason including, but not limited to: charge-backs, product returns, duplicate entry or other accounting error, Merchant non-payment, non-bona fide transactions, non-receipt of payment from or refund of payment to the purchaser by the Merchant, our inability to contact you in order to validate transactions, your distribution of Links via Unapproved Channels, or your failure to comply with Third Party Merchant or Affiliate Network Terms and Conditions. Merchants may alter or cancel their program, Merchants may cease to be affiliated with the Services.

i. We may be required to nullify Rewards due to limitations established by certain Merchants which prohibit payments to users who reside in certain geographies due to tax nexus or other considerations.

j. In order to prevent fraudulent use of PCH Cashback, we may attempt to contact you in order to validate your account and determine whether you are performing acceptable promotional methods.

k. Rewards remain in a pending state until we receive payment from the Merchant for the associated transaction. After we receive payment from a Merchant for your specific transaction Reward, the Reward status may change from pending to confirmed. We may remit Rewards automatically to your selected redemption method or we may provide an interface for you to request withdrawal.

l. Redemption of confirmed Rewards may be subject to a minimum payout threshold, which may change from time to time, in our sole discretion, without notice to you. If there is a redemption threshold and your balance is below that threshold, Rewards will remain in your account and your balance may roll forward to subsequent redemption periods until the minimum redemption threshold is achieved. Any minimum threshold applicable to your use of PCH Cashback will be communicated through your Account.

m. Redemptions may be issued in batches (for example once monthly). We reserve the right to change the frequency and timing of Reward redemptions without notice to you. If you elect to manually redeem rewards, the earnings may be distributed in the next upcoming batch redemption, which may be subject to cut off dates.

n. We may offer one or more choices for the Redemption of Rewards. “Redemption” of Rewards means that you either (a) apply Rewards towards a purchase, license or other transactions made by you through the Service in accordance with this Agreement, or (b) you receive a redemption of your Rewards in accordance with this Agreement, which may be in the form of a cash payout (e.g., through PayPal, ACH, digital wallet, or other form of electronic payment), gift card, store value card, debit card, prepaid card, or through some other mechanism. You may set your Redemption preference and provide associated account information within your user dashboard or settings. We are not able to Redeem Rewards if you choose not to select one of the eligible redemption methods, if you fail to provide account information or if the account information you provide is not accurate. Redemption of Rewards may be performed via a third-party provider. Your information, including your account information, may be collected and stored by us or by a third-party payment processor. We reserve the right to discontinue a payment method and change redemption providers. If we choose to switch providers, you grant us (and the appropriate third parties) the right to transfer your account information to the new third-party provider. You agree to promptly and accurately provide all information requested by us or by any of our affiliates such as a payment processor, to validate your identity and to process any redemptions for you or on your behalf.

o. You agree that we have the right, but not the obligation, to seek on your behalf. any and all Reward payments from Merchants. You agree that we have no special relationship with or fiduciary duty to you and you acknowledge that we have no duty to take any action regarding collection of payment from Merchants.

p. If you have pending or confirmed Rewards, and your account has no new activity (defined as the earning of a pending Reward) for a period of one hundred and eighty (180) days, we reserve the right to assess a monthly Dormant Account Fee of up to $5.00 USD, until such time as your Reward balance reaches $0.00. Any Dormant Account Fee which we apply may or may not be displayed in your user dashboard or other presentations of your account balance. If your account has no new activity for a period of 12 months, we reserve the right to void any remaining balance of Rewards in your account.

q. You are obligated to independently assess and comply with all relevant tax and legal requirements. We shall not provide you with tax or legal advice. In the event that, during any single calendar year, a Reward payout would result in payment to you of $600 or more, we may require you to provide us with a completed IRS form W-9 and we may thereafter issue a Form 1099 for that calendar year. We may utilize a third-party service provider to perform this function. If we require a completed form W-9 from you and you fail to provide one, we may withhold payment until tax documentation is provided

r. Unassociated Accounts. If you fail to associate your device with a valid PayPal account within 12 months after you earn their first reward, we reserve the right to void any remaining balance of rewards in such account.

s. You are solely responsible for all usage and activity on your PCH Cashback account and for loss, theft or unauthorized disclosure of your account credentials.

7.   Third-Party Services.

a.     We do not endorse, warrant or guarantee the products, services or content of Merchants or other third-parties. We are not an agent or broker or otherwise responsible for Merchants’ activities, policies, products or services. When you use PCH Cashback to access Merchants or other third-parties, you do so at your own risk. These Merchants and other third-parties are not under our control, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any aspect of content, functions, accuracy, transactions, legality, privacy policies, practices, terms of use, prices, offers, rates, opinions expressed, appropriateness or any other aspect of such third parties. We do not guarantee that the product details, prices, coupon availability or other service terms, rates or Rewards offered by any particular Merchant or other third-party linked to from PCH Cashback are actually the terms that may be offered or provided to you. We encourage you to be aware when you link to a third-party and to read the terms, conditions and privacy policy of each third-party website or service that you visit or utilize.

b.     You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or relating to your use of or reliance on any such transaction, purchase, content, goods or services available on or through any such Merchant or third-party. By using PCH Cashback , you release and hold us harmless from any and all liability arising from your use of any Merchant or third-party website or service. If there is a dispute between you and any Merchant or third-party, you agree that we are under no obligation to represent your interests in any way.

8.     Charitable Donations. From time to time, PCH may partner with qualified charitable organizations recognized under Section 501(c)(3) of the Internal Revenue Code. In connection with certain programs or promotions, PCH may donate a portion of monthly membership fees to one or more such organizations, as determined by PCH in its sole discretion and as disclosed at the time of the applicable offer or promotion. Any such donations are made by PCH directly and do not constitute a tax-deductible contribution by you or any individual member.

9.     Purchases. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. The name on your payment must match the name on your user Account (to the extent applicable). If one or more of your purchases is subject to a charge back request, your Account may be suspended along with your access to Shopping and other PCH sites. In the event of any charge back on your Account, the amount of the charge back will be a debt owed by you to us, and you must immediately submit payment for such purchases through an alternative payment. All purchases will be in USD. All product purchases for merchandise are final sale and are not eligible for refunds, as detailed in our refund and cancellation policies.

When you place an order, you are making an offer to purchase. PCH Shopping reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until PCH Shopping confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as PCH Shopping may be unable to accommodate cancellation requests after an order is accepted.

10.     Products. With respect to products offered by PCH, We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

11.     Shipping and Delivery. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

12.  Changes to the Shopping Terms. PCH reserves the right, at any time and in its sole discretion to modify, add, suspend or remove Shopping Terms and associated benefits, including but not limited to, changing tier structures, pricing, and eligibility. Material changes will be communicated, only as required by applicable law. Continued participation constitutes acceptance of any such changes.

PCH Shopping is powered by Shopify, which enables us to provide certain services to you. However, any sales and purchases you make in our store are made directly with PCH Shopping. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and PCH Shopping, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with PCH Shopping.