Terms of Service - US Residents

Last updated: September 1, 2021

Governing Use 

The terms and conditions provided below (the "Terms of Service") govern your use of the Fundraising Sweepstakes Inc. ("Fundraising Sweepstakes") services, which includes use of the Fundraising Sweepstakes website www.fundraisingsweepstakes.com or mobile applications (the "System" or “Fundraising Sweepstakes System”). All references to ”our”, “us” or “we” within the Terms of Service are deemed to refer to Fundraising Sweepstakes.

By accessing the System, which includes but is not limited to registering with us to access the Fundraising Sweepstakes services, you agree that you have read, agreed and bound yourself to the Terms of Service. You agree that we may update or modify these Terms of Service at any time by updating this posting along with the date on which it was most recently updated. Updates or modifications to the Terms of Service are effective upon publication. We may give you notice of these changes through the means described in these Terms of Service (see “How to Communicate with Each Other” section below), but you agree that it is not necessary for us to do so. Your access and use of the Fundraising Sweepstakes System is your agreement with the changes in the Terms of Service in place at that time.

What is Fundraising Sweepstakes

Fundraising Sweepstakes provides hosting of promotional sweepstakes or contests on the System (“Promotions”) for charities, non-profit organizations, businesses and individuals in the United States of America, and allows these charities, non-profit organizations, businesses and individuals to market and sell promotional products and/or receive donations for fundraising causes using the System as a method of entry into the Promotions. Through the System, we also provide individuals in United States of America with opportunities to enter into and participate in the Promotions. The Promotions are sponsored by charities, non-profit organizations, businesses and individuals (“Sponsors”) that manage and operate the Promotions, while our role is limited to hosting of the Promotions on the System. In particular, the System may include the ability to:

  • Display and promote Promotions on the System;
  • Create and deliver entry numbers;
  • Offer for sale promotional products through an online interface;
  • Mediate the sale and delivery of promotional products;
  • Collect donation payments;
  • Coordinate payment through third-party payment processors, which will deliver payment directly to the Sponsor; or
  • Social media sharing tools.

All Promotions are governed by their official rules (“Official Rules”), which are made available on the System sub-page for each Promotion. No purchase or donation is necessary to receive entry into the Promotions and a purchase or donation will not increase your chances of winning.

Promotion Sponsors

As the Sponsor of a Promotion, you acknowledge and agree that you are solely responsible for the management and operation of the Promotion and ensuring that the Promotion complies with applicable laws. Fundraising Sweepstakes does not represent, warrant, or guarantee that the Promotion complies with applicable laws or that Fundraising Sweepstakes provides advice to Sponsors in relation to the management and operation of any Promotion in compliance with applicable laws. Sponsors are advised to obtain independent legal advice with respect to the management and operation of the Promotion, including, but not limited to, independent legal advice on competition law, criminal law, charities law, privacy law, CAN-SPAM Act issues and financial reporting obligations relating to the Promotion. Without limiting the generality of the foregoing, you further acknowledge and agree that (i) you have either obtained independent legal advice with respect to the management and operation of the Promotion or waived your right to do so; (ii) the Promotion will comply with all applicable laws and the Official Rules; (iii) all winner selection and prize delivery matters will be managed by you, your organization, or your agents; (iv) any delays, withdrawals, cancellations, suspensions, modifications or other changes to the Promotion will be managed and communicated to entrants by you, your organization, or your agents; (v) any questions, inquiries, concerns, complaints, feedback, and other communications from entrants in connection with the Promotion will be responded to in a prompt, accurate, and reasonably detailed ‎manner by you, your organization, or your agents; (vi) the issuing or causing the issuance of refunds or credits to entrants, as required, will be managed by you, your organization, or your agents; (vii) the information you provide in connection with the Promotion is accurate, complete, and not likely to deceive; and (viii) all promotional products being offered for sale in association with your Promotion will be provided as described in the materials that you post or otherwise provide; (ix) all donations to the fundraising cause of your Promotion will be used solely as described in the materials that you post or otherwise provide. You assume all responsibility and risk in connection with the management and operation of your Promotion and agree to indemnify and hold Fundraising Sweepstakes harmless from any claims that are made against Fundraising Sweepstakes arising from your violation of these Terms of Service.

Further, Sponsors may elect to manage delivery of entry numbers for their Promotion independent of Fundraising Sweepstakes. ‎Should you elect to manage delivery of entry numbers independent of Fundraising Sweepstakes, all entry number delivery matters will be managed by you, your organization, or your agents; and you will indemnify and hold Fundraising Sweepstakes harmless from any claims that are made against Fundraising Sweepstakes arising from, or related to entry number delivery.

Entering into a Promotion

If you choose to enter and participate in a Promotion in any manner, including by receiving a free entry or an entry following a purchase or donation, you as an entrant acknowledge and agree that the Sponsor is solely responsible for the management and operation of the Promotion, including, but not limited to, (i) compliance with all applicable laws and the Official Rules that govern the Promotion; (ii) winner selection and prize delivery matters for the Promotion; (iii) delays, withdrawals, cancellations, suspensions, modifications or other changes to the Promotion; (iv) questions, inquiries, concerns, complaints, feedback, and other communications from entrants in connection with the Promotion; and (v) the issuing or causing the issuance of refunds or credits to entrants, as required. Fundraising Sweepstakes does not represent, warrant, or guarantee that the Promotion complies with applicable laws or that Fundraising Sweepstakes provides advice to the Sponsors in relation to the management and operation of any Promotion in compliance with applicable laws. Without limiting the generality of the foregoing, you further acknowledge and agree that:

  • Fundraising Sweepstakes is not responsible for the management or operation of the Promotions and Fundraising Sweepstakes does not in any way warrant or guarantee that the Promotions are lawful or that the information provided to entrants by Sponsors about or in connection with the Promotions is accurate, true or complete;
  • the System and our services simply act as conduits that allow the Sponsors to facilitate the management and operation of the Promotions and members of the public to participate in such Promotions (in accordance with these Terms); and
  • Fundraising Sweepstakes has no liability to you for any issues relating to the management and operation of the Promotions, and your recourse is with the specific Sponsor and/or through the processes established by applicable law.

All purchases of promotional products and donations are made at your own risk. When you purchase a promotional products from a Sponsor, it is your responsibility to understand what you are purchasing and the conditions of such purchase. When you make a donation to a Sponsor, it is your responsibility to understand how your contribution will be used and the conditions of such donation. Fundraising Sweepstakes is not responsible for any offers, promises or rewards made or offered by Sponsors. We do not and cannot verify the information that Sponsors provide, nor do we represent or guarantee that the promotional products Promotion will be provided as described by a Sponsor or that the donations will be used as described by a Sponsor. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds very seriously. If you have reason to believe that a Sponsor is not providing promotional products as described or using donations for their stated purpose, please contact us to alert us of this potential issue.

Fundraising Sweepstakes makes no representation, warranty, or guarantee as to whether all or any portion of your donations are tax deductible or eligible for ‎tax credits. Fundraising Sweepstakes will have no liability for any claim by any federal, ‎state, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation made by you. You should consult your tax advisor as to the amount of your donation ‎that is tax deductible or eligible for tax recognition.‎

Security of the Account

In consideration for the use and access to the System, you represent to Fundraising Sweepstakes that you are a resident of United States of America, not a person barred from accessing or using the System under any laws applicable to you or Fundraising Sweepstakes, and that you are legally able to contract with Fundraising Sweepstakes.

At any time you may delete your account and stop using the Fundraising Sweepstakes service by using the "delete your account" option made available on the System. Similarly, Fundraising Sweepstakes may refuse to allow anyone to create an account or prevent access to the System, for any reason. You agree that electing to "delete your account", given Fundraising Sweepstakes' need to maintain records for itself, financial regulatory authorities and taxation authorities, does not mean that all records associated with your use and access to the System will be permanently deleted, but means that you or others on your behalf will not be able to use and access your account on the System.

You agree and acknowledge that you will not create more than one account on the System. In particular, you agree to provide true, accurate and updated information as prompted by the System during registration, or as requested from time-to-time. You acknowledge and agree that Fundraising Sweepstakes may suspend or terminate your account should Fundraising Sweepstakes suspect that any information you have provided is untrue, inaccurate or not current. As well, you acknowledge and understand that Fundraising Sweepstakes may suspend or terminate your account if it suspects you have, or are about to, breach any of the Terms of Service; or should it feel that continued access to your account could be harmful to Fundraising Sweepstakes or its other users.

Maintaining your account as secure

Access to the Fundraising Sweepstakes service requires you to create an account with us, and fill in all mandatory information fields with accurate, and truthful, information. We will ask you to create a user name and password as well, and you agree and understand that you are solely responsible for maintaining your password as confidential. We will assist you in choosing a password of appropriate complexity that can not be easily guessed; but that does not relieve you of the responsibility to maintain it as confidential, complex, safe, and secure. As consideration for your access and use of the System, you agree to terminate any session with the System upon finishing with each use of the Fundraising Sweepstakes services. You agree to notify us immediately if you detect any suspicious activity in your account or any breach of security within the System, should you become aware of any. You agree that Fundraising Sweepstakes will not be liable for any loss arising from access to your account using your user name and password; and that you accept responsibility for any losses incurred by Fundraising Sweepstakes or any other third parties arising from access to your account using your username and password. You agree and understand that, without advance permission from that account's user, you may not use any other account.

Privacy Policy

The Fundraising Sweepstakes privacy policy can be found at https://fundraisingsweepstakes.com/privacy-policy/ and it applies to your use of the Fundraising Sweepstakes System and services you obtain through it. We encourage you to read our Privacy Policy and understand how we use any information you provide us on account creation or that you provide in your accessing and use of the System and Fundraising Sweepstakes products.

You permit Fundraising Sweepstakes to collect data from or about you. Fundraising Sweepstakes acknowledges the importance that you place on protecting your privacy. Accordingly, Fundraising Sweepstakes shall use commercially reasonable efforts to safeguard any individually identifiable data acquired from or about you, including without limitation, names, addresses or credit card information; against unauthorized access or use. In addition, Fundraising Sweepstakes shall not, without your prior written consent, use, sell, license, lease or otherwise transfer such data to any third party or export data to any location outside of the country in which Fundraising Sweepstakes may have acquired such data. You agree to allow Fundraising Sweepstakes to use your individually identifiable data to send materials to you (including offers to purchase Fundraising Sweepstakes or third party services); as well as for building of Fundraising Sweepstakes proprietary databases relating to service offerings and service requests.

Fundraising Sweepstakes will: (i) allow you to access any data Fundraising Sweepstakes may have regarding you; (ii) allow you to correct any incorrect or incomplete data regarding you; (iii) comply with any request from you to remove your name from the customer list maintained by Fundraising Sweepstakes and (iv) upon receipt of a request as described in clause (iii) provide no further marketing materials to you. Upon the expiration or early termination of this agreement, Fundraising Sweepstakes shall have no obligation to return to you, or destroy, any lists, or other data regarding you, acquired from you; and you agree that Fundraising Sweepstakes may retain any copies of such data in hard copy or electronic form.

You provide us permission and instruction to communicate your information to the Sponsor to which you are purchasing products from. For clarity, the System uses third-party payment processors for the purchase of products and donation from the Sponsor; and therefore Fundraising Sweepstakes will never have access to your credit card information and will never transmit your credit card information.

Intellectual Property Rights

Subject to these Terms of Service, Fundraising Sweepstakes grants you a limited license to use the Fundraising Sweepstakes services and the System. The license granted is non-exclusive, non-transferable, non-sub licensable and may be revoked by Fundraising Sweepstakes at any time, in its sole discretion.

Use of Fundraising Sweepstakes System and the provision of any services through its System are entirely at the discretion of Fundraising Sweepstakes and may be discontinued, with or without notice to you. You agree only to use Fundraising Sweepstakes for your own personal use, for only lawful purposes, and any commercial use of the System shall be in the form and manner for which the System was created and as it is presented to you and others. You agree only to use Fundraising Sweepstakes in the form it is provided to you, and through the System, and you agree not to make any attempt to de-compile, reconstruct, save or reverse engineer the Fundraising Sweepstakes services or its System. Any documentation or materials Fundraising Sweepstakes may provide in association with Fundraising Sweepstakes services or its System shall only be used for the purposes in which they are provided, or if silent, then only to enable you to use the Fundraising Sweepstakes services or its System in ways consistent with these Terms of Service.

You agree that title to, and ownership of, the Fundraising Sweepstakes services, the System and any documentation we provide to you and any modifications made thereto shall at all time remain with Fundraising Sweepstakes, including any and all intellectual property rights in the Fundraising Sweepstakes services, the System and any documentation we provide to you. You acknowledge and agree that as a condition of this agreement, you shall have no right or interest in the Fundraising Sweepstakes services, the System or any documentation we provide to you; except as explicitly allowed in these Terms of Service.

Third Party Intellectual Property Rights

Fundraising Sweepstakes respects the intellectual property rights of others. As such, you agree and acknowledge that you are prohibited from uploading, posting or otherwise transmitting through the System any text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other content that violates another party's intellectual property rights. Fundraising Sweepstakes has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Fundraising Sweepstakes may, at its sole discretion, limit access to the Fundraising Sweepstakes services and System to persons which infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any work to which you have rights has been stored, transmitted, copied or otherwise communicated using the System in such a way that infringes your copyright or other intellectual property in the work; please provide the following information to us:

  1. A clear description of the work that you believe to be infringing your rights;
  2. A description of where on the System the infringing work may be found;
  3. A clear description of the work that you believe has been infringed;
  4. Contact information so that we may correspond or otherwise communicate with you;
  5. A statement that you, in good faith, believe that the use of the work in the manner you have otherwise outlined, is not authorized by the owner of the copyright in the work; and
  6. A statement by you, made under penalty of perjury, that the information in your statement is accurate and that you are the agent authorized to act on behalf of, or owner of, the rights you claim are infringed,

Please send the above to the following address

Fundraising Sweepstakes

14th Floor, 10665 Jasper Avenue NW

Edmonton, Alberta

Canada T5J3S9

Payments

As part of the registration for services, you will be offered the opportunity to register for an account with a third party payment processor, under their terms of service and privacy policy. Proceeds from the purchase of any products and donations are paid to Sponsors by the third-party processor, less certain service charges agreed to between Fundraising Sweepstakes and the Sponsors.

We may charge fees for certain aspects of the System. You acknowledge and agree that all fees paid are non-refundable.

Use of the System

You understand Fundraising Sweepstakes retains all rights to unilaterally, and at Fundraising Sweepstakes' discretion, limit the amounts of data you may send through, or receive via, the System, in total, or during a period of time. You acknowledge that these limits are in place to protect Fundraising Sweepstakes, yourself, and other users from potential fraud or abuse.

You agree that you will not send, post or otherwise directly or indirectly, transmit to or through, the System any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to System, or computers of any kind, and any unsolicited advertising, solicitation or promotional materials. You agree that you will not send, post or otherwise directly or indirectly, transmit to or through, the System material that is pornographic or otherwise depicts a human being engaged in sexual conduct; material that is false, deceptive, misleading, or deceitful; material that is intended for the purposes of soliciting or offering services sexual in nature, material that is intended to recruit parties for participation in a business enterprise, or material that employs misleading Email addresses, forged headers or otherwise misleading and manipulated identifiers to disguise the origin of material transmitted to or through the System.

You agree not to access (or attempt to access) the System by any means other than through the interface that is provided by Fundraising Sweepstakes. You specifically agree not to access (or attempt to access) the System through any automated means. You may not use the System or information presented within the System to compile data in a manner that is used or useable by a competitive listing product or service. You agree not to modify or obscure the manner in which the Fundraising Sweepstakes services and System are displayed or used or to otherwise alter the visual display of the Fundraising Sweepstakes services and System. You are not permitted to execute script searches or search materials displayed as part of the Fundraising Sweepstakes services in a manner that results in display or saving of the content of the System, in whole or in part.

You agree not to a) launch or use any automated system, including without limitation, "robots: "spiders," or "offline readers," that access the System in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; b) send or otherwise transmit to or through the System chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; c) post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; violate any applicable laws or regulations; or d) assist or permit any persons in engaging in any of the activities described above.

You agree not to send, post or otherwise transmit to or through the System any material that impersonates any entity or person or misrepresents or falsely states your identity, affiliation with a person or entity; or material that includes personal information about a third-party without that person's explicit permission.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, their selection and arrangement) which you may have access to as part of, or through your use of, the Fundraising Sweepstakes services are the sole responsibility of the person from which such content originated.

You agree that when you provide content as part of your use of the Fundraising Sweepstakes System, you authorize and direct Fundraising Sweepstakes or its agents to make such copies thereof as it deems necessary in order to facilitate the provision of the Fundraising Sweepstakes System. By providing content through use of the Fundraising Sweepstakes System, you grant, and you represent and warrant that you have the right to grant, to Fundraising Sweepstakes an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content in connection with the Fundraising Sweepstakes System and to grant and authorize sublicenses of the foregoing. You confirm and warrant to Fundraising Sweepstakes that you have all the rights, power and authority necessary to grant the above licence. You agree that Fundraising Sweepstakes may edit your content to remove information that may be used to subvert the intended use of the Fundraising Sweepstakes.

Investigation

You agree that Fundraising Sweepstakes may use all information (including personal information), materials and records relating to your access and use of the Platform and our services to investigate complaints or allegations of your or any third-party’s (i) breach of the Terms of Service, (ii) infringement of our rights or any third-party’s rights; or (iii) any unauthorized use of the System or our services. Fundraising Sweepstakes does not intend to disclose the existence or occurrence of any such investigation unless required by law or if requested by law enforcement officials.

Liability Limitation

The design of the Fundraising Sweepstakes services and System may be changed without notice, and Fundraising Sweepstakes does not guarantee that compatibility of your computing devices with our System. Fundraising Sweepstakes reserves the right to withdraw the Fundraising Sweepstakes product at any time.

THE FUNDRAISING SWEEPSTAKES SERVICES, SYSTEM DOCUMENTATION AND TECHNICAL SUPPORT (IF ANY) ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN, FUNDRAISING SWEEPSTAKES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE FUNDRAISING SWEEPSTAKES SERVICES, SYSTEM, DOCUMENTATION AND TECHNICAL SUPPORT (IF ANY), INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL WARRANTIES IN RESPECT OF THE PRODUCT AND DOCUMENTATION AND NO AGENT OF FUNDRAISING SWEEPSTAKES IS AUTHORIZED TO ALTER ITS WARRANTY OBLIGATIONS.

THE ENTERING INTO OF THIS AGREEMENT DOES NOT INCLUDE ANY CONSIDERATION FOR FUNDRAISING SWEEPSTAKES TO ACCEPT ANY RISKS OF QUALITY, ACCESSIBILITY, USABILITY OR SUITABILITY AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY FUNDRAISING SWEEPSTAKES, FUNDRAISING SWEEPSTAKES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDRAISING SWEEPSTAKES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM ARISING OUT OF THIS AGREEMENT, INCLUDING FUNDRAISING SWEEPSTAKES' PROVISION OR INABILITY OR FAILURE TO PROVIDE THE FUNDRAISING SWEEPSTAKES SERVICES OR THE RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OR TRANSMISSION OR FAILURE OF PERFORMANCE, EVEN IF FUDNRAISING SWEEPSTAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.

FUNDRAISING SWEEPSTAKES' TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO FUNDRAISING SWEEPSTAKES FOR THE FUNDRAISING SWEEPSTAKES SERVICES OR ACCESS TO THE SYSTEM UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FINAL ACT OR EVENT WHICH GAVE RISE TO SUCH LIABILITY, OR $10.00, WHICHEVER IS LESSER.

YOU USE THE FUNDRAISING SWEEPSTAKES SYSTEM AT YOUR OWN RISK. FUNDRAISING SWEEPSTAKES MAKES NO REPRESENTATION WITH RESPECT TO ITS SERVICES AND SYSTEM’S INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT FUNDRAISING SWEEPSTAKES SHALL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY YOU AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST YOU. AS USED HEREIN, "CLAIMS" SHALL MEAN ANY CLAIM, SUIT, ACTION, AND ANY OTHER FORM OF LEGAL PROCEEDING.

YOU USE THE FUNDRAISING SWEEPSTAKES SYSTEM AT YOUR OWN RISK. FUNDRAISING SWEEPSTAKES IS PROVIDING AN OPEN MARKETPLACE FOR COMMUNICATION AND INTERACTION WITH OTHERS, AND UNLESS EXPLICITLY STATED AS SUCH, FUNDRAISING SWEEPSTAKES HAS MADE NO INVESTIGATIONS OR INSPECTION OF THE PARTIES, OR IDENTITIES OF THE PARTIES, ON ITS SYSTEM. YOU ACKNOWLEDGE AND AGREE THAT PAYMENTS MADE BY YOU AS PART OF FUNDRAISING SWEEPSTAKES' SERVICES ARE MADE WITH THIRD PARTY SERVICE PROVIDERS AND THAT FUNDRAISING SWEEPSTAKES SHALL HAVE NO RESPONSIBILITY TO YOU WITH RESPECT TO THE PAYMENTS YOU MAKE, THE PAYMENTS YOU RECEIVE, OR THE INTERACTIONS YOU HAVE WITH OTHER USERS OF THE SYSTEM. YOU AGREE THAT USE OF THE FUNDRAISING SWEEPSTAKES SYSTEM IS AT YOUR RISK, AND THAT FUNDRAISING SWEEPSTAKES' MAXIMUM LIABILITY IS AS OTHERWSIE DESCRIBED HEREIN.

You understand and agree that Fundraising Sweepstakes makes no representation or warranties regarding use of the Fundraising Sweepstakes services and System. You understand and agree that you have the sole responsibility for adequate protection and backup of your data or equipment used in connection with Fundraising Sweepstakes services and System and shall not claim against Fundraising Sweepstakes for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Fundraising Sweepstakes services and System.

You assume all responsibility and risk in connection with your management or operation of and/or participation in any Promotion, as the case may be. You agree that you will indemnify and hold Fundraising Sweepstakes harmless from any claims made against Fundraising Sweepstakes arising out of your use of the System. This indemnification explicitly includes, but is not limited to, illegal, fraudulent, slanderous or libelous activities undertaken by you.

How to Communicate with Each Other

If you wish to contact us about, or in connection with, these Terms of Service you can correspond with us at the following address:

Fundraising Sweepstakes Inc. - Legal Department

14th Floor, 10665 Jasper Avenue NW

Edmonton, Alberta

Canada T5J 359

When you use the System, you will be asked to provide us with an Email address. You agree that Fundraising Sweepstakes may communicate with you through that Email address, and that sending electronic communications through that Email address is an acceptable and sufficient means to communicate with you about these Terms of Service, and you agree that any notices we send by Email to the address you provide are deemed given and received by you on the date we send it.

Other Matters

You acknowledge and agree that the law governing these Terms of Service shall be the law of the Province of Alberta, and that these Terms of Service are deemed to be executed in, and agreed to, in Edmonton, Alberta, Canada.

You agree that these Terms of Service are personal to you and you shall not be allowed to assign the Terms of Service to anyone. You agree that Fundraising Sweepstakes, as a corporation, may assign its rights hereunder without your prior consent.

You agree that these Terms of Service constitute the entire agreement between Fundraising Sweepstakes and yourself and these Terms of Service and any subsequent updates or modifications to them, supersede any prior agreements, terms and conditions, and communications between Fundraising Sweepstakes and yourself. No failure on the part of either Fundraising Sweepstakes or you, to exercise, and no delay in exercising any right, power or single or partial exercise of any right, power or remedy by any party to these Terms of Service will preclude any other, or further, exercise thereof or the exercise of any other right, power or remedy. You acknowledge and agree that our agreement creates no agency, partnership or joint venture relationship and neither you nor Fundraising Sweepstakes or its agents may act in any manner to bind the other

Terms of Service - Canadian Residents

Last updated: September 1, 2021

Governing Use

The terms and conditions provided below (the "Terms of Service") govern your use of the Fundraising Sweepstakes Inc. ("Fundraising Sweepstakes") services, which includes use of the Fundraising Sweepstakes website www.fundraisingsweepstakes.com or mobile applications (the "System" or “Fundraising Sweepstakes System”). All references to ”our”, “us” or “we” within the Terms of Service are deemed to refer to Fundraising Sweepstakes.

By accessing the System, which includes but is not limited to registering with us to access the Fundraising Sweepstakes services, you agree that you have read, agreed and bound yourself to the Terms of Service. You agree that we may update or modify these Terms of Service at any time by updating this posting along with the date on which it was most recently updated. Updates or modifications to the Terms of Service are effective upon publication. We may give you notice of these changes through the means described in these Terms of Service (see “How to Communicate with Each Other” section below), but you agree that it is not necessary for us to do so. Your access and use of the Fundraising Sweepstakes System is your agreement with the changes in the Terms of Service in place at that time.

What is Fundraising Sweepstakes

Fundraising Sweepstakes provides hosting of promotional sweepstakes or contests on the System (“Promotions”) for charities, non-profit organizations, businesses and individuals in Canada, excluding Quebec, and allows these charities, non-profit organizations, businesses and individuals to market and sell promotional products and/or receive donations for fundraising causes using the System as a method of entry into the Promotions. Through the System, we also provide individuals in Canada, excluding Quebec, with opportunities to enter into and participate in the Promotions. The Promotions are sponsored by charities, non-profit organizations, businesses and individuals (“Sponsors”) that manage and operate the Promotions, while our role is limited to hosting of the Promotions on the System. In particular, the System may include the ability to:

  • Display and promote Promotions on the System;
  • Create and deliver entry numbers;
  • Offer for sale promotional products through an online interface;
  • Mediate the sale and delivery of promotional products;
  • Collect donation payments;
  • Coordinate payment through third-party payment processors, which will deliver payment directly to the Sponsor; or
  • Social media sharing tools.

All Promotions are governed by their official rules (“Official Rules”), which are made available on the System sub-page for each Promotion. No purchase or donation is necessary to receive entry into the Promotions and a purchase or donation will not increase your chances of winning.

Promotion Sponsors

As the Sponsor of a Promotion, you acknowledge and agree that you are solely responsible for the management and operation of the Promotion and ensuring that the Promotion complies with applicable laws. Fundraising Sweepstakes does not represent, warrant, or guarantee that the Promotion complies with applicable laws or that Fundraising Sweepstakes provides advice to Sponsors in relation to the management and operation of any Promotion in compliance with applicable laws. Sponsors are advised to obtain independent legal advice with respect to the management and operation of the Promotion, including, but not limited to, independent legal advice on competition law, criminal law, charities law, privacy law, Canada's anti-spam legislation (CASL) issues and financial reporting obligations relating to the Promotion. Without limiting the generality of the foregoing, you further acknowledge and agree that (i) you have either obtained independent legal advice with respect to the management and operation of the Promotion or waived your right to do so; (ii) the Promotion will comply with all applicable laws and the Official Rules; (iii) all winner selection and prize delivery matters will be managed by you, your organization, or your agents; (iv) any delays, withdrawals, cancellations, suspensions, modifications or other changes to the Promotion will be managed and communicated to entrants by you, your organization, or your agents; (v) any questions, inquiries, concerns, complaints, feedback, and other communications from entrants in connection with the Promotion will be responded to in a prompt, accurate, and reasonably detailed ‎manner by you, your organization, or your agents; (vi) the issuing or causing the issuance of refunds or credits to entrants, as required, will be managed by you, your organization, or your agents; (vii) the information you provide in connection with the Promotion is accurate, complete, and not likely to deceive; and (viii) all promotional products being offered for sale in association with your Promotion will be provided as described in the materials that you post or otherwise provide; (ix) all donations to the fundraising cause of your Promotion will be used solely as described in the materials that you post or otherwise provide. You assume all responsibility and risk in connection with the management and operation of your Promotion and agree to indemnify and hold Fundraising Sweepstakes harmless from any claims that are made against Fundraising Sweepstakes arising from your violation of these Terms of Service.

Further, Sponsors may elect to manage delivery of entry numbers for their Promotion independent of Fundraising Sweepstakes. ‎Should you elect to manage delivery of entry numbers independent of Fundraising Sweepstakes, all entry number delivery matters will be managed by you, your organization, or your agents; and you will indemnify and hold Fundraising Sweepstakes harmless from any claims that are made against Fundraising Sweepstakes arising from, or related to entry number delivery.

Entering into a Promotion

If you choose to enter and participate in a Promotion in any manner, including by receiving a free entry or an entry following a purchase or donation, you as an entrant acknowledge and agree that the Sponsor is solely responsible for the management and operation of the Promotion, including, but not limited to, (i) compliance with all applicable laws and the Official Rules that govern the Promotion; (ii) winner selection and prize delivery matters for the Promotion; (iii) delays, withdrawals, cancellations, suspensions, modifications or other changes to the Promotion; (iv) questions, inquiries, concerns, complaints, feedback, and other communications from entrants in connection with the Promotion; and (v) the issuing or causing the issuance of refunds or credits to entrants, as required. Fundraising Sweepstakes does not represent, warrant, or guarantee that the Promotion complies with applicable laws or that Fundraising Sweepstakes provides advice to the Sponsors in relation to the management and operation of any Promotion in compliance with applicable laws. Without limiting the generality of the foregoing, you further acknowledge and agree that:

  • Fundraising Sweepstakes is not responsible for the management or operation of the Promotions and Fundraising Sweepstakes does not in any way warrant or guarantee that the Promotions are lawful or that the information provided to entrants by Sponsors about or in connection with the Promotions is accurate, true or complete;
  • the System and our services simply act as conduits that allow the Sponsors to facilitate the management and operation of the Promotions and members of the public to participate in such Promotions (in accordance with these Terms); and
  • Fundraising Sweepstakes has no liability to you for any issues relating to the management and operation of the Promotions, and your recourse is with the specific Sponsor and/or through the processes established by applicable law.

All purchases of promotional products and donations are made at your own risk. When you purchase a promotional products from a Sponsor, it is your responsibility to understand what you are purchasing and the conditions of such purchase. When you make a donation to a Sponsor, it is your responsibility to understand how your contribution will be used and the conditions of such donation. Fundraising Sweepstakes is not responsible for any offers, promises or rewards made or offered by Sponsors. We do not and cannot verify the information that Sponsors provide, nor do we represent or guarantee that the promotional products Promotion will be provided as described by a Sponsor or that the donations will be used as described by a Sponsor. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds very seriously. If you have reason to believe that a Sponsor is not providing promotional products as described or using donations for their stated purpose, please contact us to alert us of this potential issue.

Fundraising Sweepstakes makes no representation, warranty, or guarantee as to whether all or any portion of your donations are tax deductible or eligible for ‎tax credits. Fundraising Sweepstakes will have no liability for any claim by any federal, ‎provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation made by you. You should consult your tax advisor as to the amount of your donation ‎that is tax deductible or eligible for tax recognition.‎

Security of the Account

In consideration for the use and access to the System, you represent to Fundraising Sweepstakes that you are a resident of Canada (excluding Quebec), not a person barred from accessing or using the System under any laws applicable to you or Fundraising Sweepstakes, and that you are legally able to contract with Fundraising Sweepstakes.

At any time you may delete your account and stop using the Fundraising Sweepstakes service by using the "delete your account" option made available on the System. Similarly, Fundraising Sweepstakes may refuse to allow anyone to create an account or prevent access to the System, for any reason. You agree that electing to "delete your account", given Fundraising Sweepstakes' need to maintain records for itself, financial regulatory authorities and taxation authorities, does not mean that all records associated with your use and access to the System will be permanently deleted, but means that you or others on your behalf will not be able to use and access your account on the System.

You agree and acknowledge that you will not create more than one account on the System. In particular, you agree to provide true, accurate and updated information as prompted by the System during registration, or as requested from time-to-time. You acknowledge and agree that Fundraising Sweepstakes may suspend or terminate your account should Fundraising Sweepstakes suspect that any information you have provided is untrue, inaccurate or not current. As well, you acknowledge and understand that Fundraising Sweepstakes may suspend or terminate your account if it suspects you have, or are about to, breach any of the Terms of Service; or should it feel that continued access to your account could be harmful to Fundraising Sweepstakes or its other users.

Maintaining your account as secure

Access to the Fundraising Sweepstakes service requires you to create an account with us, and fill in all mandatory information fields with accurate, and truthful, information. We will ask you to create a user name and password as well, and you agree and understand that you are solely responsible for maintaining your password as confidential. We will assist you in choosing a password of appropriate complexity that can not be easily guessed; but that does not relieve you of the responsibility to maintain it as confidential, complex, safe, and secure. As consideration for your access and use of the System, you agree to terminate any session with the System upon finishing with each use of the Fundraising Sweepstakes services. You agree to notify us immediately if you detect any suspicious activity in your account or any breach of security within the System, should you become aware of any. You agree that Fundraising Sweepstakes will not be liable for any loss arising from access to your account using your user name and password; and that you accept responsibility for any losses incurred by Fundraising Sweepstakes or any other third parties arising from access to your account using your username and password. You agree and understand that, without advance permission from that account's user, you may not use any other account.

Privacy Policy

The Fundraising Sweepstakes privacy policy can be found at https://fundraisingsweepstakes.com/privacy-policy/ and it applies to your use of the Fundraising Sweepstakes System and services you obtain through it. We encourage you to read our Privacy Policy and understand how we use any information you provide us on account creation or that you provide in your accessing and use of the System and Fundraising Sweepstakes products.

You permit Fundraising Sweepstakes to collect data from or about you. Fundraising Sweepstakes acknowledges the importance that you place on protecting your privacy. Accordingly, Fundraising Sweepstakes shall use commercially reasonable efforts to safeguard any individually identifiable data acquired from or about you, including without limitation, names, addresses or credit card information; against unauthorized access or use. In addition, Fundraising Sweepstakes shall not, without your prior written consent, use, sell, license, lease or otherwise transfer such data to any third party or export data to any location outside of the country in which Fundraising Sweepstakes may have acquired such data. You agree to allow Fundraising Sweepstakes to use your individually identifiable data to send materials to you (including offers to purchase Fundraising Sweepstakes or third party services); as well as for building of Fundraising Sweepstakes proprietary databases relating to service offerings and service requests.

Fundraising Sweepstakes will: (i) allow you to access any data Fundraising Sweepstakes may have regarding you; (ii) allow you to correct any incorrect or incomplete data regarding you; (iii) comply with any request from you to remove your name from the customer list maintained by Fundraising Sweepstakes and (iv) upon receipt of a request as described in clause (iii) provide no further marketing materials to you. Upon the expiration or early termination of this agreement, Fundraising Sweepstakes shall have no obligation to return to you, or destroy, any lists, or other data regarding you, acquired from you; and you agree that Fundraising Sweepstakes may retain any copies of such data in hard copy or electronic form.

You provide us permission and instruction to communicate your information to the Sponsor to which you are purchasing products from. For clarity, the System uses third-party payment processors for the purchase of products and donation from the Sponsor; and therefore Fundraising Sweepstakes will never have access to your credit card information and will never transmit your credit card information.

Intellectual Property Rights

Subject to these Terms of Service, Fundraising Sweepstakes grants you a limited license to use the Fundraising Sweepstakes services and the System. The license granted is non-exclusive, non-transferable, non-sub licensable and may be revoked by Fundraising Sweepstakes at any time, in its sole discretion.

Use of Fundraising Sweepstakes System and the provision of any services through its System are entirely at the discretion of Fundraising Sweepstakes and may be discontinued, with or without notice to you. You agree only to use Fundraising Sweepstakes for your own personal use, for only lawful purposes, and any commercial use of the System shall be in the form and manner for which the System was created and as it is presented to you and others. You agree only to use Fundraising Sweepstakes in the form it is provided to you, and through the System, and you agree not to make any attempt to de-compile, reconstruct, save or reverse engineer the Fundraising Sweepstakes services or its System. Any documentation or materials Fundraising Sweepstakes may provide in association with Fundraising Sweepstakes services or its System shall only be used for the purposes in which they are provided, or if silent, then only to enable you to use the Fundraising Sweepstakes services or its System in ways consistent with these Terms of Service.

You agree that title to, and ownership of, the Fundraising Sweepstakes services, the System and any documentation we provide to you and any modifications made thereto shall at all time remain with Fundraising Sweepstakes, including any and all intellectual property rights in the Fundraising Sweepstakes services, the System and any documentation we provide to you. You acknowledge and agree that as a condition of this agreement, you shall have no right or interest in the Fundraising Sweepstakes services, the System or any documentation we provide to you; except as explicitly allowed in these Terms of Service.

Third Party Intellectual Property Rights

Fundraising Sweepstakes respects the intellectual property rights of others. As such, you agree and acknowledge that you are prohibited from uploading, posting or otherwise transmitting through the System any text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other content that violates another party's intellectual property rights. Fundraising Sweepstakes has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Fundraising Sweepstakes may, at its sole discretion, limit access to the Fundraising Sweepstakes services and System to persons which infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any work to which you have rights has been stored, transmitted, copied or otherwise communicated using the System in such a way that infringes your copyright or other intellectual property in the work; please provide the following information to us:

  1. A clear description of the work that you believe to be infringing your rights;
  2. A description of where on the System the infringing work may be found;
  3. A clear description of the work that you believe has been infringed;
  4. Contact information so that we may correspond or otherwise communicate with you;
  5. A statement that you, in good faith, believe that the use of the work in the manner you have otherwise outlined, is not authorized by the owner of the copyright in the work; and
  6. A statement by you, made under penalty of perjury, that the information in your statement is accurate and that you are the agent authorized to act on behalf of, or owner of, the rights you claim are infringed,

Please send the above to the following address

Fundraising Sweepstakes

14th Floor, 10665 Jasper Avenue NW

Edmonton, Alberta

Canada T5J3S9

Payments

As part of the registration for services, you will be offered the opportunity to register for an account with a third party payment processor, under their terms of service and privacy policy. Proceeds from the purchase of any products and donations are paid to Sponsors by the third-party processor, less certain service charges agreed to between Fundraising Sweepstakes and the Sponsors.

We may charge fees for certain aspects of the System. You acknowledge and agree that all fees paid are non-refundable.

Use of the System

You understand Fundraising Sweepstakes retains all rights to unilaterally, and at Fundraising Sweepstakes' discretion, limit the amounts of data you may send through, or receive via, the System, in total, or during a period of time. You acknowledge that these limits are in place to protect Fundraising Sweepstakes, yourself, and other users from potential fraud or abuse.

You agree that you will not send, post or otherwise directly or indirectly, transmit to or through, the System any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to System, or computers of any kind, and any unsolicited advertising, solicitation or promotional materials. You agree that you will not send, post or otherwise directly or indirectly, transmit to or through, the System material that is pornographic or otherwise depicts a human being engaged in sexual conduct; material that is false, deceptive, misleading, or deceitful; material that is intended for the purposes of soliciting or offering services sexual in nature, material that is intended to recruit parties for participation in a business enterprise, or material that employs misleading Email addresses, forged headers or otherwise misleading and manipulated identifiers to disguise the origin of material transmitted to or through the System.

You agree not to access (or attempt to access) the System by any means other than through the interface that is provided by Fundraising Sweepstakes. You specifically agree not to access (or attempt to access) the System through any automated means. You may not use the System or information presented within the System to compile data in a manner that is used or useable by a competitive listing product or service. You agree not to modify or obscure the manner in which the Fundraising Sweepstakes services and System are displayed or used or to otherwise alter the visual display of the Fundraising Sweepstakes services and System. You are not permitted to execute script searches or search materials displayed as part of the Fundraising Sweepstakes services in a manner that results in display or saving of the content of the System, in whole or in part.

You agree not to a) launch or use any automated system, including without limitation, "robots: "spiders," or "offline readers," that access the System in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; b) send or otherwise transmit to or through the System chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services; c) post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; violate any applicable laws or regulations; or d) assist or permit any persons in engaging in any of the activities described above.

You agree not to send, post or otherwise transmit to or through the System any material that impersonates any entity or person or misrepresents or falsely states your identity, affiliation with a person or entity; or material that includes personal information about a third-party without that person's explicit permission.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, their selection and arrangement) which you may have access to as part of, or through your use of, the Fundraising Sweepstakes services are the sole responsibility of the person from which such content originated.

You agree that when you provide content as part of your use of the Fundraising Sweepstakes System, you authorize and direct Fundraising Sweepstakes or its agents to make such copies thereof as it deems necessary in order to facilitate the provision of the Fundraising Sweepstakes System. By providing content through use of the Fundraising Sweepstakes System, you grant, and you represent and warrant that you have the right to grant, to Fundraising Sweepstakes an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content in connection with the Fundraising Sweepstakes System and to grant and authorize sublicenses of the foregoing. You confirm and warrant to Fundraising Sweepstakes that you have all the rights, power and authority necessary to grant the above licence. You agree that Fundraising Sweepstakes may edit your content to remove information that may be used to subvert the intended use of the Fundraising Sweepstakes.

Investigation

You agree that Fundraising Sweepstakes may use all information (including personal information), materials and records relating to your access and use of the Platform and our services to investigate complaints or allegations of your or any third-party’s (i) breach of the Terms of Service, (ii) infringement of our rights or any third-party’s rights; or (iii) any unauthorized use of the System or our services. Fundraising Sweepstakes does not intend to disclose the existence or occurrence of any such investigation unless required by law or if requested by law enforcement officials.

Liability Limitation

The design of the Fundraising Sweepstakes services and System may be changed without notice, and Fundraising Sweepstakes does not guarantee that compatibility of your computing devices with our System. Fundraising Sweepstakes reserves the right to withdraw the Fundraising Sweepstakes product at any time.

THE FUNDRAISING SWEEPSTAKES SERVICES, SYSTEM DOCUMENTATION AND TECHNICAL SUPPORT (IF ANY) ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN, FUNDRAISING SWEEPSTAKES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE FUNDRAISING SWEEPSTAKES SERVICES, SYSTEM, DOCUMENTATION AND TECHNICAL SUPPORT (IF ANY), INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL WARRANTIES IN RESPECT OF THE PRODUCT AND DOCUMENTATION AND NO AGENT OF FUNDRAISING SWEEPSTAKES IS AUTHORIZED TO ALTER ITS WARRANTY OBLIGATIONS.

THE ENTERING INTO OF THIS AGREEMENT DOES NOT INCLUDE ANY CONSIDERATION FOR FUNDRAISING SWEEPSTAKES TO ACCEPT ANY RISKS OF QUALITY, ACCESSIBILITY, USABILITY OR SUITABILITY AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY FUNDRAISING SWEEPSTAKES, FUNDRAISING SWEEPSTAKES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDRAISING SWEEPSTAKES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM ARISING OUT OF THIS AGREEMENT, INCLUDING FUNDRAISING SWEEPSTAKES' PROVISION OR INABILITY OR FAILURE TO PROVIDE THE FUNDRAISING SWEEPSTAKES SERVICES OR THE RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OR TRANSMISSION OR FAILURE OF PERFORMANCE, EVEN IF FUDNRAISING SWEEPSTAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.

FUNDRAISING SWEEPSTAKES' TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO FUNDRAISING SWEEPSTAKES FOR THE FUNDRAISING SWEEPSTAKES SERVICES OR ACCESS TO THE SYSTEM UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FINAL ACT OR EVENT WHICH GAVE RISE TO SUCH LIABILITY, OR $10.00, WHICHEVER IS LESSER.

YOU USE THE FUNDRAISING SWEEPSTAKES SYSTEM AT YOUR OWN RISK. FUNDRAISING SWEEPSTAKES MAKES NO REPRESENTATION WITH RESPECT TO ITS SERVICES AND SYSTEM’S INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT FUNDRAISING SWEEPSTAKES SHALL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY YOU AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST YOU. AS USED HEREIN, "CLAIMS" SHALL MEAN ANY CLAIM, SUIT, ACTION, AND ANY OTHER FORM OF LEGAL PROCEEDING.

YOU USE THE FUNDRAISING SWEEPSTAKES SYSTEM AT YOUR OWN RISK. FUNDRAISING SWEEPSTAKES IS PROVIDING AN OPEN MARKETPLACE FOR COMMUNICATION AND INTERACTION WITH OTHERS, AND UNLESS EXPLICITLY STATED AS SUCH, FUNDRAISING SWEEPSTAKES HAS MADE NO INVESTIGATIONS OR INSPECTION OF THE PARTIES, OR IDENTITIES OF THE PARTIES, ON ITS SYSTEM. YOU ACKNOWLEDGE AND AGREE THAT PAYMENTS MADE BY YOU AS PART OF FUNDRAISING SWEEPSTAKES' SERVICES ARE MADE WITH THIRD PARTY SERVICE PROVIDERS AND THAT FUNDRAISING SWEEPSTAKES SHALL HAVE NO RESPONSIBILITY TO YOU WITH RESPECT TO THE PAYMENTS YOU MAKE, THE PAYMENTS YOU RECEIVE, OR THE INTERACTIONS YOU HAVE WITH OTHER USERS OF THE SYSTEM. YOU AGREE THAT USE OF THE FUNDRAISING SWEEPSTAKES SYSTEM IS AT YOUR RISK, AND THAT FUNDRAISING SWEEPSTAKES' MAXIMUM LIABILITY IS AS OTHERWSIE DESCRIBED HEREIN.

You understand and agree that Fundraising Sweepstakes makes no representation or warranties regarding use of the Fundraising Sweepstakes services and System. You understand and agree that you have the sole responsibility for adequate protection and backup of your data or equipment used in connection with Fundraising Sweepstakes services and System and shall not claim against Fundraising Sweepstakes for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Fundraising Sweepstakes services and System.

You assume all responsibility and risk in connection with your management or operation of and/or participation in any Promotion, as the case may be. You agree that you will indemnify and hold Fundraising Sweepstakes harmless from any claims made against Fundraising Sweepstakes arising out of your use of the System. This indemnification explicitly includes, but is not limited to, illegal, fraudulent, slanderous or libelous activities undertaken by you.

How to Communicate with Each Other

If you wish to contact us about, or in connection with, these Terms of Service you can correspond with us at the following address:

Fundraising Sweepstakes Inc. - Legal Department

14th Floor, 10665 Jasper Avenue NW

Edmonton, Alberta

Canada T5J 359

When you use the System, you will be asked to provide us with an Email address. You agree that Fundraising Sweepstakes may communicate with you through that Email address, and that sending electronic communications through that Email address is an acceptable and sufficient means to communicate with you about these Terms of Service, and you agree that any notices we send by Email to the address you provide are deemed given and received by you on the date we send it.

Other Matters

You acknowledge and agree that the law governing these Terms of Service shall be the law of the Province of Alberta, and that these Terms of Service are deemed to be executed in, and agreed to, in Edmonton, Alberta, Canada.

You agree that these Terms of Service are personal to you and you shall not be allowed to assign the Terms of Service to anyone. You agree that Fundraising Sweepstakes, as a corporation, may assign its rights hereunder without your prior consent.

You agree that these Terms of Service constitute the entire agreement between Fundraising Sweepstakes and yourself and these Terms of Service and any subsequent updates or modifications to them, supersede any prior agreements, terms and conditions, and communications between Fundraising Sweepstakes and yourself. No failure on the part of either Fundraising Sweepstakes or you, to exercise, and no delay in exercising any right, power or single or partial exercise of any right, power or remedy by any party to these Terms of Service will preclude any other, or further, exercise thereof or the exercise of any other right, power or remedy. You acknowledge and agree that our agreement creates no agency, partnership or joint venture relationship and neither you nor Fundraising Sweepstakes or its agents may act in any manner to bind the other