Effective date: August 15, 2026. These Terms of Service ("Terms") are an agreement between you and CGHM Associates LLC ("Pickfetti", "we", "us") covering your use of pickfetti.com and its features (the "Service"). By using the Service you agree to these Terms and to our Privacy Policy and Refund Policy, which are part of them. If you do not agree, please do not use the Service.

1. What Pickfetti is (and isn't)

Pickfetti is a neutral random-selection tool. You paste the link to a public Instagram post or reel (or paste a list of comments yourself), choose your rules, and Pickfetti picks winners and alternates at random using a verifiable seed, then gives you an audit table, a CSV export and a public proof page.

Pickfetti does not run, sponsor, administer, judge or promote your giveaway. We do not award prizes, contact entrants or decide who is eligible beyond applying the mechanical rules you set. Pickfetti is not affiliated with, endorsed by, sponsored by or otherwise associated with Instagram or Meta Platforms, Inc. "Instagram" is a trademark of Meta Platforms, Inc.

2. Who can use it

You must be at least 18 years old, or the age of majority where you live if that is higher, and able to enter into a binding contract. If you use the Service on behalf of a business or brand, you confirm you are authorized to bind it to these Terms, and "you" includes that business.

3. Accounts and security

You can run draws and buy Draw Passes without an account. If you create one, you must give accurate information and keep your login details confidential. You are responsible for everything that happens under your account, and you must tell us promptly at hello@pickfetti.com if you suspect unauthorized access. Guest draws are tied to an anonymous browser cookie; if you clear it, or use another device, you may lose access to those draws, and we cannot recover them for you.

4. Your giveaway is your responsibility

You are solely responsible for your giveaway, contest or sweepstakes, including:

complying with Instagram's Promotion Guidelines and Meta's terms, including publishing the required release of Instagram and the acknowledgement that the promotion is not sponsored, endorsed or administered by, or associated with, Instagram;
complying with all sweepstakes, contest, lottery, consumer-protection, advertising, tax and privacy laws that apply where you and your entrants are located (including official rules, "no purchase necessary" requirements, prize disclosures and any registration or bonding rules);
choosing fair and lawful entry rules, verifying winner eligibility, and delivering prizes;
only drawing from posts you own or are authorized to run a promotion on.

Pickfetti does not provide legal advice and makes no representation that any giveaway run with the Service is lawful.

5. Instagram data and third-party providers

Pickfetti never asks for your Instagram password or access token and does not log in to Instagram for you. Public comment data is retrieved through independent third-party data providers (currently HikerAPI, with Apify as a fallback). Instagram and those providers can change, throttle or block access at any time, and Instagram may not expose every comment on a post (for example, comments that are hidden, filtered, from private accounts, or restricted by the post owner's settings). We do our best to fetch what is publicly available at the time of the draw, but we cannot guarantee that every comment will be captured. If completeness matters, review the entry list before announcing winners and use the paste-your-own-comments option if needed. Posts on private accounts cannot be read.

The optional "must follow @host" check looks only at the public following list of drawn winners and alternates. If Instagram does not expose that list, the check may report "unknown", and you should verify manually.

6. Proof pages and content

Each draw creates a proof page at pickfetti.com/d/{code}. Public proof pages show winners and alternates by @username, the rules, the random seed and hashes and entry counts; the full entry list is shown only to you. You can make a proof page private from the draw page. You are responsible for anything you choose to share about a draw. We may remove content or a proof page that violates these Terms or the law, or in response to a legitimate request from a person named on it.

You keep ownership of any content you paste into the Service. You grant us a limited licence to store and process it, and to display it on your proof page, only as needed to provide the Service.

7. Acceptable use

You agree not to, and not to help anyone else to:

use the Service to harass, stalk, threaten, defame or discriminate against anyone, or to target people who have not entered your giveaway;
scrape, crawl, mirror or bulk-download the Service, its proof pages or its data, or use automated means to access it other than through features we provide;
use the Service to build or enrich databases, lists or profiles of Instagram users, or for marketing, lead generation or surveillance;
run illegal lotteries, gambling, pyramid schemes, or promotions that require a purchase where that is prohibited;
circumvent comment limits, free-tier limits, rate limits, payment or other technical restrictions, or share one account or subscription across multiple people or businesses;
reverse-engineer the Service, interfere with its operation, or probe or test its security without written permission;
upload malicious code, impersonate any person or brand, or misrepresent a Pickfetti draw result;
violate Instagram's or Meta's terms, or any applicable law, through your use of the Service.

We may refuse, limit or suspend service to anyone at any time, and we will terminate accounts used for abuse.

8. Plans, payments and refunds

Draws on posts with 500 comments or fewer are free. Larger posts require a one-off Draw Pass (US$4.99, up to 10,000 comments) or Big Draw Pass (US$14.99, up to 100,000 comments), or a Pro subscription (US$9 per month or US$79 per year) with a pooled allowance of 100,000 comments per billing month across all your draws. Prices are in US dollars, exclude any applicable taxes, and may change; changes to subscription prices take effect at your next renewal after we notify you.

Payments are processed by Stripe under its own terms; we never see your full card number. Subscriptions renew automatically until you cancel through the Stripe customer portal linked from your account. Cancellation takes effect at the end of the current billing period. Draw Passes become non-refundable once comment fetching begins, except in the circumstances set out in our Refund Policy, which governs all refunds.

9. Intellectual property

The Service, including its software, design, name, logo and documentation, is owned by CGHM Associates LLC or its licensors and is protected by copyright, trademark and other laws. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You may not use the Pickfetti name or logo to imply endorsement without our written permission. Feedback you send us may be used without obligation to you.

10. Availability and disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DRAW DATA WILL BE COMPLETE OR ACCURATE.

The Service depends on Instagram and on third-party providers that we do not control and that may change or withdraw access without notice. We may modify, suspend or discontinue any part of the Service at any time. We will try to give reasonable notice of material changes affecting paid features.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CGHM ASSOCIATES LLC AND ITS OWNERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, OR FOR THE COST OF PRIZES OR OF RE-RUNNING A GIVEAWAY, ARISING OUT OF OR RELATED TO THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$50.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case our liability is limited to the smallest amount the law permits.

12. Indemnification

You will defend, indemnify and hold harmless CGHM Associates LLC and its owners, employees and agents from any claims, damages, losses and expenses (including reasonable legal fees) arising out of your giveaway or promotion, your content, your breach of these Terms, or your violation of any law or the rights of any third party, including Instagram, Meta, or any entrant.

13. Suspension and termination

You may stop using the Service or delete your account at any time (Settings → Delete account). We may suspend or terminate your access, with or without notice, if you breach these Terms, create risk or legal exposure for us, or if we discontinue the Service. On termination, your right to use the Service ends; sections that by their nature should survive (including 4, 9, 11, 12 and 14) survive. Fees already paid are handled under the Refund Policy.

14. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, USA, without regard to its conflict-of-laws rules, and by applicable US federal law. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in the State of Illinois, and you consent to their jurisdiction. Before filing a claim, you agree to email us and give us 30 days to try to resolve it. If you are a consumer in a jurisdiction that grants you mandatory protections or a right to sue at home, nothing in this section takes those away.

15. Changes to these Terms

We may update these Terms from time to time. We will post the revised Terms with a new effective date and, for material changes, notify account holders by email or a notice on the site at least 14 days before they take effect. Continued use of the Service after that date means you accept the new Terms.

16. General

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of the business. Nothing in these Terms creates a partnership, agency or employment relationship. We are not liable for delays or failures caused by events beyond our reasonable control, including outages at Instagram or our providers.

17. Contact

CGHM Associates LLC
Email: hello@pickfetti.com