Terms of Use
Effective October 24, 2026
These terms apply to your use of The Giveaway Picker at thegiveawaypicker.com (the “Service”). By using the Service you agree to them. If you don't agree, please don't use the Service. Our Privacy Policy explains how we handle information.
1. What the Service does
The Service picks random winners from entries you provide or import, and publishes a draw record so the result can be checked. It is a tool only. We don't run, sponsor or administer your giveaway, and we aren't a party to any arrangement between you and your entrants.
2. Who can use it
You must be at least 18 years old (or the age of majority where you live) to host a draw.
3. Your giveaway is your responsibility
If you host a giveaway, you are solely responsible for running it lawfully. That includes:
- Following sweepstakes, contest and lottery laws where you and your entrants are located. In many places, including the United States, a giveaway that requires a purchase or payment to enter can be an illegal lottery.
- Writing and following official rules: eligibility, dates, how to enter, odds, prize details and how winners are notified.
- Delivering prizes and handling any required tax reporting.
- Following each platform's rules, such as Instagram's Promotion Guidelines (which require a release of Instagram by each entrant and a statement that the promotion is not sponsored, endorsed or administered by Instagram) and the policies of TikTok, YouTube and Facebook.
- Having the right to import and publish the entries you use, and telling entrants a public draw record will be shared.
4. Acceptable use
Don't use the Service to:
- Break any law or anyone's rights, or run a deceptive or fraudulent promotion.
- Upload information you don't have the right to use, or sensitive personal information.
- Misrepresent a draw, or edit or fake a draw record or reveal video.
- Overload, scrape, probe or interfere with the Service, or get around its limits.
We may remove draw records or limit access if these terms are broken.
5. Third-party platforms
Imports from Instagram, YouTube and other services are subject to those services' own terms and availability. Platforms may hide, filter or limit comments, so imported lists may not match the counts shown in their apps. The Giveaway Picker is not affiliated with, endorsed or sponsored by Instagram, Meta, TikTok, YouTube or Google. Their names are used only to describe compatibility.
6. Your content
You keep ownership of the entries and text you provide. You give us permission to process, store and display them as needed to run your draw and show its public record. You can ask us to remove a record at any time by emailing hello@thegiveawaypicker.com.
7. Our content
The Service's software, design and branding belong to us. You may share draw records and reveal videos you create.
8. No warranty
The Service is free and provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Service will be uninterrupted or error-free, that any import will be complete, or that draw records will be kept indefinitely.
9. Limitation of liability
To the fullest extent the law allows, we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the Service or any giveaway. Our total liability for any claim is limited to $50. Some places don't allow these limits, so they may not fully apply to you.
10. Indemnity
If you host a giveaway, you agree to defend and hold us harmless from claims, losses and costs (including reasonable legal fees) that arise from your giveaway, your content or your breach of these terms.
11. Changes and ending use
We may change or discontinue the Service, or update these terms, at any time. Updated terms take effect when posted here with a new effective date. You can stop using the Service whenever you like.
12. Governing law
These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in San Diego County, California, unless the law where you live requires otherwise.
13. Contact
Questions about these terms: hello@thegiveawaypicker.com.