Terms of Service
The terms and conditions provided below (the “Terms of Service”) govern your use of the Charity 5050 Raffle Inc. (“Charity5050”) services, which includes the web page interface provided at www.charity5050raffle.com. By accessing the web site which includes but is not limited to registering with us to access the Charity5050 services, you are agreeing 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, with application to us at the time of publication, by updating this posting along with the date on which it was most recently updated. We may give you notice of these changes through the means described in these Terms of Service (** How to communicate with each other**), but you agree that it is not necessary for us to do so. Your access and use of the Charity5050 website or mobile applications (the “System”) is your agreement with the changes in the Terms of Service in place at that time.
What is Charity5050
Charity5050 is a service that provides management of raffles for non-profit, charitable or religious groups (a “Charity” or “Charities”) in specific Provinces and States in Canada and United States, and allows those Charities to coordinate, market and sell their raffle tickets to eligible residents in those Provinces and States. In particular, the System may include the ability to:
- Create raffle tickets;
- Offer for sale raffle tickets through an online interface;
- Mediate the sale and delivery of a raffle ticket;
- Management and control of raffle ticket sales, and delivery;
- Coordination of payment, including coordination of payment processing through third-party payment processors (which will deliver payment directly to the charity); or
- Social media sharing tools. (the “Services”)
Charity5050 does not, at any time, maintain or handle prizes forming part of a raffle; and does not, and will not, manage or coordinate the delivery of prizes. Further, Charities may elect to manage delivery of tickets independent of Charity5050. As a purchaser of raffle tickets through the System, you acknowledge and agree that Charity5050 has no liability to you for any issues relating to prizing, and that your recourse is with the specific Charity and/or through the processes established by regional lottery regulators. If tickets are identified by the System as being delivered by the Charity, then as a purchaser of raffle tickets through the System, you acknowledge and agree that Charity5050 has no liability to you for any issues relating to ticketing or delivery, and that your recourse is with the specific Charity and/or through the processes established by the appropriate regional lottery regulator. As a manager of a Charity’s raffle, you agree that all prize delivery matters will be managed by you, your Charity, or your agents; and that you will indemnify and hold Charity5050 harmless from any claims that are made against Charity5050 arising from, or related to, prizing in the raffle. Should you elect to manage delivery of tickets independent of Charity5050, then as a manager of a Charity’s raffle, you agree that all ticket delivery matters will be managed by you, your Charity, or your agents; and that you will indemnify and hold Charity5050 harmless from any claims that are made against Charity5050 arising from, or related to, raffle ticket delivery.
Security of the account
In consideration for the use and access to the System, you represent to Charity5050 that you are resident in the region for which your are being licensed, not a person barred from accessing or using the System under any laws applicable to you or Charity5050, and that you are legally able to contract with Charity5050. You understand and agree that only persons over the age of majority and a resident in your region and are able to access the System and create an account, and represent to us that you are over eighteen (18) years of age.
At any time you may delete your account and stop using the Charity5050 service by using the “delete your account” option made available on the System. Similarly, Charity5050 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 Charity5050’s 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, but means that you or others on your behalf, will not be able to access 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 Charity5050 may suspend or terminate your account should Charity5050 suspect that any information you have provided is untrue, inaccurate or not current. As well, you acknowledge and understand that Charity5050 may suspend or terminate your account if it suspects you have, or are about to, breach any of the terms of this agreement; or should it feel that continued access to your account could be harmful to Charity5050 or its other users.
Maintaining your account as secure
Access to the Charity5050 service requires you to create an account with us, and fill in all mandatory information fields with accurate, and truthful, information about you. 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 that 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 a Charity5050 product. 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 Charity5050 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 Charity5050 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.
You permit Charity5050 to collect data from or about you. Charity5050 acknowledges the importance that you place on protecting your privacy. Accordingly, Charity5050 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, Charity5050 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 Charity5050 may have acquired such data. You agree to allow Charity5050 to use your individually identifiable data to send materials to you (including offers to purchase Charity5050 or third party services); as well as for building of Charity5050 proprietary databases relating to service offerings and service requests.
Charity5050 will: (i) allow you to access any data Charity5050 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 Charity5050 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, Charity5050 shall have no obligation to return to you, or destroy, any lists, or other data regarding you, acquired from you; and you agree that Charity5050 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 Charity to which you are purchasing products from. For clarity, the System uses third-party payment processors for the purchase of products from the Charity; and therefore Charity5050 will never have access to your credit card information and will never transmit your credit card information.
Copyright and Intellectual Property
Use of Charity5050 and the provision of any services through its System is entirely at the discretion of Charity5050 and may be discontinued, with or without notice to you. You agree only to use Charity5050 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 Charity5050 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 Charity5050 products or its System. Any documentation or materials Charity5050 may provide in association with Charity5050 products 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 Charity5050 products or its System in ways consistent with these Terms of Service.
You agree that title to, and ownership of, the Charity5050 products or its System, any documentation it provides to you and any modifications made thereto shall at all time remain with Charity5050. You acknowledge and agree that as a condition of this agreement, you shall have no right or interest in the Charity5050 products, its System or any documentation it provides to you; except as explicitly allowed in these Terms of Service.
The Digital Millennium Copyright Act
Charity5050 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. In accordance with the United States Digital Millennium Copyright Act (DMCA), the Canadian Copyright Act, or any other applicable law; Charity5050 has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Charity5050 may, at its sole discretion, limit access to the Charity5050 products 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 in the work; please provide the following information to us:
- A clear description of the work that you believe to be infringing your rights;
- A description of where on the System the infringing work may be found;
- A clear description of the work that you believe has been infringed;
- Contact information so that we may correspond or otherwise communicate with you;
- 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
- 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
Charity 5050 Raffle c/o Craig Sherburne
103, 6030 – 88 Street
Canada T6E 6G4
The design of the Charity5050 products and System may be changed without notice, and Charity5050 does not guarantee that compatibility of your computing devices with our System. Charity5050 reserves the right to withdraw the Charity5050 product at any time.
THE CHARITY5050 PRODUCT, 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, CHARITY5050 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE PROGRAMS AND DOCUMENTATION, 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 CHARITY5050 IS AUTHORIZED TO ALTER ITS WARRANTY OBLIGATIONS.
THE ENTERING INTO OF THIS AGREEMENT DOES NOT INCLUDE ANY CONSIDERATION FOR CHARITY5050 TO ACCEPT ANY RISKS OF PRODUCT QUALITY, ACCESSIBILITY, USABILITY OR SUITABILITY AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY CHARITY5050, CHARITY5050 WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARITY5050 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 CHARITY5050’S PROVISION OR INABILITY OR FAILURE TO PROVIDE THE CHARITY5050 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 CHARITY5050 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.
CHARITY5050’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO CHARITY5050 FOR THE CHARITY5050 PRODUCTS 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 CHARITY5050 SYSTEM AT YOUR OWN RISK. CHARITY5050 MAKES NO REPRESENTATION WITH RESPECT TO ITS PRODUCT’S INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT CHARITY5050 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 CHARITY5050 SYSTEM AT YOUR OWN RISK. CHARITY5050 IS PROVIDING AN OPEN MARKETPLACE FOR COMMUNICATION AND INTERACTION WITH OTHERS, AND UNLESS EXPLICITLY STATED AS SUCH, CHARITY5050 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 CHARITY5050’S PRODUCTS ARE MADE WITH THIRD PARTY SERVICE PROVIDERS AND THAT CHARITY5050 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 CHARITY5050 SYSTEM IS AT YOUR RISK, AND THAT CHARITY5050’S MAXIMUM LIABILITY IS AS OTHERWSIE DESCRIBED HEREIN.
You understand and agree that Charity5050 makes no representation or warranties regarding use of the Charity5050 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 Charity5050 product and System and shall not claim against Charity5050 for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Charity5050 System.
You agree that you will indemnify and hold Charity5050 harmless from any claims that is made against Charity5050 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.
We may charge fees for certain aspects of the System. You acknowledge and agree that all fees paid are non-refundable in the event the System are modified or otherwise rendered unavailable for violation, or suspected violation, of the terms of this Agreement.
Use of the System
You understand Charity5050 retains all rights to unilaterally, and at Charity5050 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 Charity5050, 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 Charity5050. 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 Charity5050 application 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 Charity5050 products are displayed or used or to otherwise alter the visual display of the Charity5050 products. You are not permitted to execute script searches or search materials displayed as part of the Charity5050 prodcuts 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 Charity5050 products 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 Charity5050 System, you authorize and direct Charity5050 or its agents to make such copies thereof as it deems necessary in order to facilitate the provision of the Charity5050 System. By providing content through use of the Charity5050 System, you grant, and you represent and warrant that you have the right to grant, to Charity5050 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 Charity5050 System and to grant and authorize sublicenses of the foregoing. You confirm and warrant to Charity5050 that you have all the rights, power and authority necessary to grant the above licence. You agree that Charity5050 may edit your content to remove information that may be used to subvert the intended use of the Charity5050.
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:
103, 6030 – 88 Street
Canada T6E 6G4
When you use the System, you will be asked to provide us with an Email address. You agree that Charity5050 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.
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 acknowledge and agree that raffles are governed by laws and regulations established by its designated lottery regulator, as well as conditions that are placed upon licensees authorized to conduct raffles in an approved region (the “Regulations”); and you agree that Charity5050 may supersede these terms and conditions, only to the extent needed to conform with, and abide by, the Regulations. You may review the Regulations, by reference to the lottery regulator website(s).
You agree that this agreement is personal to you and you shall not be allowed to assign this agreement to anyone. You agree that Charity5050, as a corporation, may assign its rights hereunder without your prior consent.
You agree that these Terms of Service constitute the entire agreement between the Charity5050 and yourself and these Terms of Service and any subsequent updates to them, supersede any prior agreements, term and conditions, and communications between Charity5050 and yourself. No failure on the part of either Charity5050 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 this Agreement 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 Charity5050 or its agents may act in any manner to bind the other.