Terms and Conditions
School Alternatives Inc.'s Terms and ConditionsSchool Alternatives Inc.
A Baseball Weekend in Boston Sweepstakes
NO PURCHASE OR DONATION IS NECESSARY TO ENTER OR WIN. A PURCHASE OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility: Sweepstakes (the "Sweepstakes") is open only to legal residents of the United States (excluding Alaska and Hawaii) and District of Columbia who
(a) have reached the age of majority in the jurisdiction in which they reside and who are at least eighteen 18 (years old) as of the date of entry; AND
(b) sign up at the online Sweepstakes page or follow the instructions in 5(a) or 5(b) below.
Employees and Directors of School Alternatives Inc. (the "Sponsor") and members of the Sponsor's program Open Road Learning Community for Teens, their immediate family members (defined as parents, children, siblings, or spouse, regardless of where they reside), and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these
Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on or about February 24, 2015 and ending March 20, 2015. All online entries must be received by March 20, 2015, 11:59 PM EDT.
4. Prize: There will be a single winner, who will receive (1) two tickets to the May 1-3, 2015 Red Sox-Yankees games at Fenway Park in Boston, (2) a two-queen-bed suite at the Hotel Buckminster in Boston, and (3) round trip airfare from any major airport in the United States of America excluding Alaska and Hawaii (the "Prize"). The sponsor retains the right to determine the airline, flight details, and airport of origin for the flight portion of the Prize. Ticket value and seating location are as follows: Friday, May 1: Infield Grandstand Section 25 Row 9; Saturday, May 2: Bleachers Section 42 Row 13; Sunday, May 3: Loge Box 98 Row JJ.Face value for these ticket prices are: $78 per ticket for Friday, $40 per ticket for Saturday, and $126 per ticket for Sunday.Value of the hotel stay is $1,110.Value of the airfare will depend upon the origin airport of the flights. These values will be made available to the Sweepstakes winner prior to the date by which they must claim the Prize.No cash or other prize substitution will be permitted. The Prize is nontransferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by winners is permitted. Acceptance of Prize constitutes permission for the Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
5. How to Enter: Participants may enter the Sweepstakes by purchasing entry tickets through the online form provided on this Sweepstakes website or as described in Section 5(b) below.
(a) To purchase tickets:
(i) $25 donation will receive one (1) entry ticket in the drawing.
(ii) $70 donation will receive three (3) entry tickets in the drawing.
(iii) $110 donation will receive five (5) entry tickets in the drawing.
(iv) $200 donation will receive ten (10) entry tickets in the drawing.
(v) $375 donation will receive twenty (20) entry tickets in the drawing.
All tickets must be purchased between February 24, 2015 and March 20, 2015. Indicate your choice of the donation options set forth above and your choice of payment method.
(b) To enter without making a donation:
Handprint your name, address, day/evening phone number and email address (if available) on a 3"x5" card and send to: The Red Sox-Yankees Sweepstakes, c/o School Alternatives Inc., 7215 SE 22nd Avenue, Portland, OR 97202. Residents of Vermont may omit postage. Your mailed entry must be RECEIVED by March 20, 2015.All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.Each mail request will give the sender one (1) entry in the Sweepstakes.There is no limitation on the number of entry requests made by mail.
All entries must fulfill all Sweepstakes requirements, as specified, to be eligible to win the Prize. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules your submission may be removed from eligibility at the sole discretion of the Sponsor.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner selection, notification, and verification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they used to enter the Sweepstakes within two (2) days following the winner selection. The Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. Except where prohibited, the potential winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration"), which must be received by the Sponsor within three (3) days of the date when the notice or attempted notice is sent, in order to claim the Prize. If a potential winner of the Prize cannot be contacted, is ineligible, fails to claim the Prize, or fails to sign and return the Declaration within the required time period, the Prize may be forfeited and an alternate winner selected.The receipt by winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that the Sponsor, and anyone acting on behalf of the Sponsor, its respective licensees, successors and assigns, will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, the Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor.The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Official Rules.The Sponsor has the right, at its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes Official Rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from School Alternatives Inc. You can opt out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless School Alternatives Inc. and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disclaimer of Warranties. THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply.
12. Force Majeure/Printing and Production Errors: The Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes in any way if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Only the type and quantity of Prize described in these Official Rules will be awarded.
13. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED
STATES AND THE STATE OF OREGON WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Multnomah County, Oregon, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
for prize drawings, collected information from entrants may be used by Sponsor in a manner that
14. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
15. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail
your request along with a stamped, self-addressed envelope to: School Alternatives Inc., 7215 SE 22nd Avenue, Portland, OR 97202. Requests must be received no later than April 20, 2015.
16. Sponsor: The Sponsor of the Sweepstakes is School Alternatives Inc. (Federal EIN 46-1418130), a 501(c)(3) nonprofit corporation located at 7215 SE 22nd Avenue, Portland, OR 97202, USA.Open Road Learning Community for Teens is a project of School Alternatives Inc., as well as the registered Assumed Business Name of School Alternatives Inc.
RAFFLE READY BUYER TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS.
The following terms of service ("TOS") govern all use by you as a Buyer (as defined below) of (a) the www.raffleready.com website (including all web pages, sub-domains and sub-parts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Raffle Ready, LLC ( "Raffle Ready") in connection with the Raffles (as defined below) listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). (To obtain the Services Agreement that applies to you and your use of the Services as a Raffle Organizer, please see http://www.raffleready.com/terms/.) The Services are owned and operated by Raffle Ready. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Raffle Ready. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY RAFFLE READY. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
Raffle Ready reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services.
2. DESCRIPTION OF RAFFLE READY.
Raffle Ready provides a means for nonprofit organizations who engage in fundraising by organizing and conducting charitable raffles ("Raffle Organizers") to sell tickets for their charitable raffles ("Raffles") online to registered users who want to use the Site and the Services to purchase such tickets ("Buyers" or "you"). Raffle Organizers may use the Services to collect proceeds from Raffle ticket sales online directly from Buyers. Payments are all transacted through the Raffle Ready payment processing gateway (the "Gateway").
3. YOUR USE OF THE SERVICES.
3.1 The Services.
Raffle Ready hereby grants you a non-exclusive, non-transferable, non-assignable, non-sub licensable, revocable right to access and use the Services solely for the purpose of purchasing tickets for a Raffle registered on the Site, and then solely (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce, distribute, scrape, frame or create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except as permitted by applicable law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity not otherwise permitted by this TOS, including those activities prohibited by Section 8.1.
4. PAYMENT AND REFUNDS.
4.1Payment. Raffle Ready's sole role with respect to payment is to provide the Gateway to facilitate processing of payments for Raffle tickets purchased through the Site. All such payments are collected directly from the Buyer by the Raffle Organizer and are not collected by Raffle Ready. All communications and disputes regarding payments are solely between Buyer and the Raffle Organizer, and Raffle Ready is not responsible or liable in any way for rejected payments, incorrect charges or any other transaction failure in connection with a Buyer's use of the Services.
4.2Refunds. It is the responsibility of the Raffle Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If you desire to request a refund, you must request the refund from the Raffle Organizer in accordance with its refund policy. All communications or disputes regarding chargebacks or refunds are solely between the Raffle Organizer and Buyer, and Raffle Ready will not be responsible or liable in any way for chargebacks, refunds, errors in issuing refunds, or lack of refunds in connection with Buyer's use of the Services. If you are a Buyer and you wish to request a refund in connection with a Raffle listed on the Site, you should contact the applicable Raffle Organizer directly. Communications to Raffle Ready concerning payments, refunds or chargebacks will not be answered and will not be forwarded to the Raffle Organizer. Raffle Ready shall not be bound by the refund policy of any Raffle Organizer, whether or not such policy is communicated to Buyers on or through the Site.
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT AND SECURITY.
You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to (a) never share your account with anyone, (b) immediately notify Raffle Ready of any actual or suspected unauthorized use of your account or any other breach of security, and (c) ensure that you exit from your account at the end of each session. Raffle Ready cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section 6 or from any unauthorized access to or use of your account.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Raffle Ready in connection with the Services (collectively, "Site Content") is owned by Raffle Ready and its licensors and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by Raffle Ready in writing or solely as necessary for your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own personal informational or record-keeping purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Raffle Ready. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Raffle Ready's License to use Your Content.
You hereby grant to Raffle Ready a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit any Content, feedback, suggestions or improvements that you, whether as a Buyer or other non-Organizer, contribute, provide or otherwise make available to Raffle Ready or others and/or by or through the Site ("Your Content") in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any third party. You represent and warrant that you have all the rights, power, authority and authorization necessary to contribute, provide and make available to Raffle Ready and others Your Content and to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) complies with all applicable laws and regulations (foreign and domestic). Raffle Ready reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
8.1 Certain Restrictions.
You understand that you are liable for your use of the Services, including for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Raffle Organizers and Buyers. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, fraudulent, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Raffle Ready or Raffle Organizer representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by Raffle Ready;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic);
stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
9. SPECIAL TERMS REGARDING INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of example and not of limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
You agree to defend, indemnify and hold Raffle Ready and its affiliates, licensors, suppliers, subcontractors, partners and agents, Raffle Organizers, and each of its and their respective officers, directors, agents and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), investigation or settlement made by any third party (each a "Claim") due to or arising out of Your Content, the Raffles listed on the Site, your use of, contribution to or connection with the Services, your violation of this TOS, and/or your violation of any rights of another. Raffle Ready shall provide notice to you of any such Claim that it receives, provided that the failure or delay by Raffle Ready in providing such notice shall not limit your obligations hereunder. Raffle Ready reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Raffle Ready's defense of such matter.
11. SERVICE MODIFICATIONS AND SUSPENSIONS.
Raffle Ready reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Raffle Ready shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Raffle Ready, in its sole discretion, may terminate your account and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, if Raffle Ready believes that you have violated or acted inconsistently with the provisions of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Raffle Ready may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Raffle Ready shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties, including Raffle Organizers, may provide, links to other Internet websites or resources. Because Raffle Ready has no control over such websites and resources, you acknowledge and agree that Raffle Ready is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Raffle Ready shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAFFLE READY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. RAFFLE READY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) ANY CONTENT OBTAINED, OR ANY RAFFLE TICKETS PURCHASED, BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RAFFLE READY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR OMISSIONS OF ANY BUYER OR RAFFLE ORGANIZER IN CONNECTION WITH ANY RAFFLE; AND RAFFLE READY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT RAFFLE READY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR LEGALITY OF RAFFLES LISTED ON THE SITE, THE TRUTH OR ACCURACY OF ANY BUYER'S OR RAFFLE ORGANIZER'S CONTENT OR LISTINGS, OR THE ABILITY OF ANY BUYER OR RAFFLE ORGANIZER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, Raffle Organizers and/or third parties in connection with the Site or any Services to Raffle Ready. Raffle Ready, in its sole discretion, may, but shall not be obligated to, investigate the claim and take any action that it deems appropriate.
15. LIMITATION OF LIABILITY.
RAFFLE READY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAFFLE READY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND RAFFLE READY'S REASONABLE CONTROL. RAFFLE READY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, RAFFLE READY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE GATEWAY), AND RAFFLE READY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE RAFFLE READY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS, PARTNERS AND AGENTS, ALL RAFFLE ORGANIZERS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
All information provided by you or collected by Raffle Ready in connection with the Services will only be used to send you correspondence about your ticket purchase. Raffle Ready will never share or sell your information to any third party without your permission. The only parties with access to your information will be Raffle Ready and the organization running the raffle. You should take care to protect private information or information that is important to you. Raffle Ready is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Raffle Ready does not control and shall not be responsible for the acts of you or any other users (whether Raffle Organizers, Buyers or otherwise) of the Services.
Notices to you may be made via either e-mail or United States mail to the address in Raffle Ready's records. If you provide an e-mail address, you hereby consent to receiving notice via e-mail. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Raffle Ready, LLC, 6517 Wickfield Road, Baltimore, MD 21209.
19. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of Raffle Ready (the "Raffle Ready Trademarks") used and displayed in connection with the Services are registered and/or unregistered trademarks or service marks of Raffle Ready. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with Raffle Ready Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Raffle Ready specific for each such use. The Trademarks may not be used to disparage Raffle Ready, any third party or Raffle Ready's or third party's products or services, or in any manner (in Raffle Ready's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Raffle Ready approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Raffle Ready Trademark shall inure to Raffle Ready's benefit.
20.1 Entire Agreement.
20.2 Governing Law.
This TOS and the provision of the Services to you are governed by the laws of the State of Maryland, without regard to its principles concerning conflicts of law.
20.3 Jurisdiction and Venue.
The exclusive jurisdiction and venue for actions related to or arising out of the subject matter hereof shall be the state and federal courts located in Baltimore County, Maryland, and both parties hereby submit to the exclusive personal jurisdiction of and venue in such courts.
The failure or delay of Raffle Ready to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
20.5Severability. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
20.6Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section captions in this TOS are for convenience only and have no legal or contractual effect.