Thanks for using SocialPicker. This document explains the rules for using the service. We wrote it to be understood, but it is a contract: by using SocialPicker, you accept it. If you disagree with something, don't use the service.
1. Who we are
SocialPicker is operated by Morac Group LLC, owner of the site socialpicker.app. Contact details are published in the Service.
2. What SocialPicker is and what it is not
2.1. The Service lets you load the public comments of an Instagram, TikTok or Facebook post, apply filters and pick winners and alternates at random. It also offers local games (wheel, raffle, secret santa) that run in your browser.
2.2. We do not organize your giveaway. We do not define its rules, we do not verify that it complies with the law, we do not deliver prizes and we have no dealings with participants. The Service is a tool; the giveaway and its consequences are the responsibility of whoever organizes it (see section 6).
2.3. SocialPicker is not affiliated with, sponsored or endorsed by Meta, Instagram, Facebook, TikTok or any other social network. Those platforms' names and logos are trademarks of their owners. Those platforms may change their rules or limit access to comments at any time, and that may affect the Service.
3. Who can use the Service
3.1. To use the Service you must be at least 18 years old and have legal capacity to contract. If you use it on behalf of a company, brand or agency, you declare that you have authority to accept these terms for it.
3.2. You declare that you have the right to use the post you load to run the giveaway: it is yours, it belongs to your client with their authorization, or the owner allowed you to use it.
4. Your session and your giveaways
4.1. The Service does not require registration. Your browser receives a cookie that identifies your device for 180 days and lets you see your giveaways and orders. We do not use your name, email or social accounts to identify you.
4.2. If you delete the cookie, use another browser or device, or the period expires, you lose access to those giveaways and orders. We have no automatic way to recover them. If you paid for a giveaway and lost access, write to us through the Service's contact channel with your proof of payment and we will try to help, with no guarantee of recovery.
4.3. You are responsible for what is done from your device. We may suspend or revoke a device's access if we detect abuse (section 9).
5. How the giveaway works
5.1. Loading comments. We obtain the post's public comments through external data providers. Loading depends on what the social network and those providers allow us to see at that moment. Therefore we do not guarantee that all comments are loaded. Deleted or hidden comments, comments from private accounts, replies to other comments, or comments the network does not deliver may be missing. If a load is incomplete, we show you before drawing.
5.2. Plan limits. Each giveaway has a comment cap according to the chosen plan (free or paid). Comments are loaded up to that cap, in the order the network delivers them. If the post has more comments than the cap, the excess does not participate. It is your responsibility to choose a plan that fits the size of the post.
5.3. Filters. Filters (mentions, unique user, excluded accounts, phrases, deadline, etc.) are applied to the loaded comments using automatic criteria. We do not manually review the results of a filter. You can review them yourself before drawing.
5.4. Picking winners. The pick is made on our servers, not in your browser, with a random shuffle algorithm (Fisher-Yates) from a seed generated on the server for each giveaway that cannot be chosen or modified from outside. Along with the result we record and show you a giveaway identifier (the hash of that seed), the algorithm, the number of participants and the sequence number. We do not publish the seed, so the result cannot be recomputed by third parties; what we guarantee is that the pick was random and made on our servers. We do not verify the identity of participants, that accounts are real, or that they meet the rules of your giveaway.
5.5. Repeating a draw. If you run more than one draw on the same load, each one is recorded with its sequence number. It is your responsibility to announce which one is valid.
5.6. Result and video. We show you winners and alternates with their username and the comment they entered with. In paid giveaways you can generate a video of the result. The result remains available on your device as long as you keep the cookie (section 4) and the giveaway exists in the Service. Download or share whatever you need to keep.
5.7. Local games. The wheel, the raffle and the secret santa run in your browser, with data you enter that is stored only there. They do not go through our servers and do not generate a certificate.
6. Your responsibilities as organizer
As organizer, you declare and undertake to:
6.1. Comply with the laws of the country or countries where the giveaway takes place, including rules on promotions, sweepstakes and contests (in several countries and regions a commercial giveaway requires prior authorization, registered rules or a notary), consumer protection, advertising and data protection.
6.2. Write and publish the giveaway rules, comply with them, and deliver the promised prizes. We do not deliver prizes or mediate participant claims.
6.3. Respect the terms of use and promotion policies of the social network where you posted. Any sanction by that network (blocking, deletion, loss of reach) is your risk.
6.4. Use participants' data (username, comment, photo) only for that giveaway, and handle their requests about their data. You are responsible for any processing you do with it outside the Service.
6.5. Not use the Service for giveaways that are illegal, misleading, require payment to enter where that is prohibited, target minors without authorization, or promote products whose promotion is restricted (alcohol, tobacco, gambling, medicines, etc.) without complying with the applicable rules.
6.6. Hold us harmless. If a third party (a participant, a brand, an authority, a social network) makes a claim against us because of your giveaway, your breach of these terms or of the law, you undertake to take over that claim and the reasonable costs it causes us, including legal fees, to the extent permitted by law.
7. Prices and payments
7.1. Free plan. You can run free giveaways up to the current comment cap, which is shown in the Service and may change. Free giveaways may have lower loading priority.
7.2. Paid plans. Prices are shown before paying and are expressed in US dollars (USD). Stripe may show you the price converted to your currency for reference; the amount charged is the USD amount, converted at the exchange rate applied by your payment method or Stripe at that moment. Prices [include / do not include] taxes.
7.3. Third-party charges. Your bank or card may charge you fees, surcharges or withholdings for a purchase in foreign currency. We do not set or receive those charges, and we do not refund them.
7.4. Payment methods. Payments are processed by Stripe. Depending on your country there may be card, Pix, OXXO, Link or others. Voucher or transfer payments (such as Pix or OXXO) have a deadline to be paid; if it expires unpaid, the order is cancelled and the giveaway is not enabled. An unpaid order expires after [PERIOD] hours.
7.5. What a payment buys. A payment enables loading and drawing one specific post, within the comment cap of the purchased plan. The price is frozen when the order is created. The service is considered delivered when the load completes and you can draw.
7.6. Price changes. We may change prices and plans. Changes do not affect orders already paid.
8. Refunds
8.1. We refund the amount paid when:
- we fail to load comments from the post due to a failure of the Service or of our providers;
- we charge the same order twice;
- the applicable law gives you the right to withdraw from the purchase within a period and you exercise it before the service has been delivered.
8.2. We do not refund when:
- the draw has already been made;
- the load was incomplete due to limits of the social network or the post (deleted or hidden comments, private accounts), provided we showed it to you before drawing and you chose to continue;
- you chose a plan with a cap lower than the post's number of comments;
- you don't like the result or want to draw another post. If you loaded the wrong post and haven't drawn yet, write to us: we review it case by case.
8.3. Refunds are made through the same payment method and for the amount charged in USD. If there was a currency conversion, the amount you receive may differ from what you paid because of exchange rate changes or your bank's charges. That is not our responsibility.
8.4. To request a refund, write to us through the Service's contact channel with the order identifier. We reply within 72 hours.
8.5. If you start a chargeback (dispute) with your bank for a payment that corresponds to a delivered service, we may suspend your device's access and present the giveaway evidence to the bank.
9. Acceptable use
The following is not allowed:
9.1. Using bots, scripts or automation to interact with the Service, or bypassing usage, rate or security limits.
9.2. Attempting to access other users' data, giveaways or orders, or non-public parts of the Service.
9.3. Reverse engineering, copying or reselling the Service, or using it to build a competing product.
9.4. Loading other people's posts without the right to do so, or using participants' data for purposes other than the giveaway (marketing lists, harassment, impersonation).
9.5. Using the Service for illegal or fraudulent activities or activities that violate social networks' rules.
If we detect any of these behaviors we may limit, suspend or revoke your device's access, cancel giveaways and, where applicable, deny refunds, without prejudice to other actions.
10. Intellectual property
10.1. The Service, its software, design, brand, texts, animations and certificates are the property of Morac Group LLC or its licensors. We grant you a limited, non-exclusive, revocable license to use the Service under these terms. You acquire no other right.
10.2. What you load (post URL, giveaway name, settings) remains yours. You authorize us to process, store and display it in the Service to provide the service, generate the result and the video, and for security and improvement of the Service.
10.3. The giveaway result and the video may carry the SocialPicker brand. You may share them freely.
10.4. If you send us suggestions, we may use them without any obligation to you.
11. Availability and changes
11.1. The Service is provided "as is" and "as available". We make reasonable efforts to keep it running, but we do not guarantee that it will be available without interruptions or errors.
11.2. We depend on social networks, data providers, payment processors and infrastructure services. If any of them fails, changes its rules or stops operating, the Service may be affected. We are not responsible for those failures, except for the refund obligation in section 8.
11.3. We may modify, limit or discontinue any part of the Service. If a paid feature is discontinued, we refund paid orders that could not be used.
12. Limits of our liability
12.1. We do not guarantee that a giveaway complies with the law of your country, that participants are real people or meet your rules, that the result will be accepted by a third party (a brand, an authority, a social network), or that the load includes all comments.
12.2. We are not liable for indirect damages, lost profits, loss of followers, reach, reputation, business opportunities or data, or for sanctions by social networks or authorities related to your giveaway.
12.3. Nothing in these terms excludes or limits liability that the applicable law does not allow to be excluded or limited, including liability for willful misconduct, gross negligence, personal injury, or the rights you have as a consumer. If you are a consumer, these terms do not reduce those rights.
13. Personal data
13.1. We process your data and participants' data according to our Privacy Policy, which forms part of these terms.
13.2. As organizer, you are responsible for any processing of participants' data you do outside the Service (for example, if you contact or export them).
13.3. Loaded comments are deleted from our servers after 30 days. The giveaway result (winners, alternates, seed hash, algorithm) is kept as long as the giveaway exists in the Service, so we can display it and handle claims.
14. Term, suspension and termination
14.1. These terms apply from the moment you start using the Service and for as long as you use it.
14.2. We may suspend or terminate your access if you breach these terms, if the law requires it, or if a social network or provider requires it. If the suspension is not due to a breach on your part, we refund paid orders you could not use.
14.3. Sections 6, 8, 10, 12, 15 and 16 survive termination.
15. Changes to these terms
15.1. We may modify these terms. We publish the new version with its effective date on this page. We recommend checking it from time to time.
15.2. If you keep using the Service after the effective date, you accept the new version. Orders already paid are governed by the version in force at the time of payment.
16. Governing law and how we resolve problems
16.1. Let's talk first. Before starting any legal action, you undertake to write to us through the Service's contact channel describing the problem. We acknowledge receipt within 72 hours, and both of us undertake to try to resolve it in good faith for [30] days.
16.2. These terms are governed by the laws of [JURISDICTION], without prejudice to the mandatory rules of the country where you reside.
16.3. Any dispute not resolved amicably is submitted to the courts of [CITY, COUNTRY]. If you are a consumer and the law of your country allows you to claim before the courts of your domicile, that right is preserved.
17. General provisions
17.1. These terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
17.2. If any clause is declared invalid, the rest remains in force, and the invalid clause is replaced by the valid one closest to its purpose.
17.3. Not exercising a right does not mean waiving it.
17.4. You may not assign these terms. We may assign them to a company that continues the Service, with notice to you.
17.5. These terms are available in several languages. If there are differences, the [Spanish] version prevails.
17.6. Notices related to the Service are published in the Service itself or on this page.
18. Contact
Questions, claims, refunds and data requests: through the contact channel published in the Service. We reply within 72 hours.