1. Acceptance of Terms

By accessing or using GiveawayPicker ("Service"), operated by GiveawayPicker ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

GiveawayPicker is a web-based tool that helps Instagram users select random winners from post comments. The Service verifies publicly available data such as comments, follows, and likes to determine eligible giveaway entries.

3. Not Affiliated with Instagram

GiveawayPicker is not affiliated with, endorsed by, sponsored by, or associated with Instagram or Meta Platforms, Inc. Instagram is a trademark of Meta Platforms, Inc. We are an independent third-party tool that accesses only publicly available data.

4. Eligibility

You must be at least 18 years old to use this Service. By using GiveawayPicker, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

5. Account Registration

To use the Service, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately of any unauthorized use.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or to violate any laws
• Run fraudulent or deceptive giveaways
• Attempt to manipulate giveaway results or exploit the random selection process
• Use the Service to collect personal data of Instagram users for purposes unrelated to running a legitimate giveaway
• Resell, redistribute, or sublicense access to the Service
• Interfere with or disrupt the Service or its infrastructure
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use bots, scrapers, or automated tools to access the Service

7. Your Giveaway Responsibilities

You are solely responsible for ensuring that your giveaway complies with all applicable laws and regulations, including:

• Local, state, and federal laws governing contests, sweepstakes, and promotions
• Instagram's Promotion Guidelines
• Including appropriate disclosures, eligibility requirements, and official rules for your giveaway
• Including a disclaimer that your giveaway is not sponsored, endorsed, or administered by Instagram

GiveawayPicker is a tool for selecting winners — we do not create, manage, or take responsibility for the legality of your giveaway.

8. Payments and Billing

Per-Giveaway Pricing: One-time payments are charged based on the number of comments on your post at the time of purchase. Prices are displayed before you pay. Once a giveaway has been processed, no refund is available because API costs are incurred immediately.

Monthly Subscription: Subscriptions are billed monthly through Stripe. Your comment pool resets at the start of each billing period. You may cancel at any time from your Account page — your plan remains active until the end of the current billing period.

Free Tier: Each account receives 1 free giveaway per month for posts with up to 250 comments. No credit card is required.

All prices are in US dollars. We reserve the right to change pricing with reasonable notice.

9. Refund Policy

Please see our Refund Policy for details on refunds and cancellations.

10. Service Availability

We strive to maintain high availability, but we do not guarantee uninterrupted or error-free access to the Service. The Service depends on third-party platforms and APIs, including Instagram, which may change or become unavailable without notice. We are not liable for service disruptions caused by third-party changes.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

12. Intellectual Property

All content, design, code, and trademarks associated with GiveawayPicker are our property or licensed to us. You may not copy, modify, or distribute any part of the Service without our written consent. Your giveaway content and results remain your property.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVEAWAYPICKER AND ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Giveaway results or winner selection outcomes
• Loss of data, revenue, or business opportunities
• Service interruptions or unavailability
• Actions of third parties, including Instagram or other social media platforms
• Disputes between you and your giveaway participants

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify and hold harmless GiveawayPicker and its owners, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your giveaway, or your violation of these Terms.

15. Termination

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or for any other reason at our discretion. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall survive.

16. Modifications

We may update these Terms at any time. If we make material changes, we will notify you via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in California.

18. Contact

If you have questions about these Terms, contact us at hello@giveawaypicker.com.