PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING CONTRACT THAT AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
2. The Services
In addition to our free alternate methods of entry, each Campaign allows you to support one or more causes (each a Designated Grantee) by making a monetary donation (each a Donation) to Win Together TR, a U.S. 501(c)(3) tax-exempt public charity. Win Together TR has partnered with the Company to make giving internationally and domestically safe, easy and effective for donors by raising charitable donations from members of the public to fund monetary grants to other organizations, including the Designated Grantees featured on our Campaign pages.
For most Campaigns on the Company platform, approximately 10 - 15 business days following Win Together TR’s receipt of donations, and so long as the Designated Grantee continues to qualify as an eligible recipient of Win Together TR grants, Win Together TR will make a grant to the Designated Grantee equal to the net proceeds received as part of the Campaign. For certain Campaigns in which the Company’s fee is based on a percentage of the Donations net of all cost and expenses, an initial grant is made approximately 10 – 15 business days following the end of the Campaign, and a final grant (the initial grant and final grant are collectively equal to the net proceeds) is made approximately 60-90 days following the close of the Campaign, after reconciliation of all expenses. Specific timelines are the sole discretion of Win Together TR, acting in good faith.
The net proceeds to be distributed by Win Together TR as grants is generally equal to the total Donations received in connection with a Campaign less costs and expenses associated with that Campaign, which may include advertising, payment processing, Prize fulfillment (other than Prizes or experiences that are donated), and the costs of making the Campaign a success. In addition, as part of the net proceeds calculation, approximately 10% of every Donation goes to the Company to cover the cost of providing and maintaining the technology and team that makes this all happen. See the Rules for each Campaign for the specific calculation of net proceeds applicable to the Campaign.
While Win Together TR takes all reasonable steps to attempt to grant donated funds to the Designated Grantee listed on the Campaign page, including pre-qualifying the Designated Grantee for a grant, Win Together TR retains exclusive legal control over all Donations. In the rare cases when a Designated Grantee fails to meet the requirements of Win Together TR's grantmaking policies and procedures, Win Together TR reserves the right to reassign funds to another organization of its choice, and will aim to grant the funds to another organization that supports a similar charitable cause.
Anyone who donates through the Site is making a donation to Win Together TR, and receives chances to win Prizes, however, no Donation is required to enter to win a Campaign, and a Donation does not increase your chances of winning a Campaign. Because a Donation is not required to enter, and because Win Together TR is a U.S. tax-exempt charity, all Donations made by U.S. donors through the Site are tax-deductible to the extent allowed by law. If your Donation is accompanied by a Campaign perk, the amount of your Donation that is deductible for U.S. federal income tax purposes may be limited to the excess of the amount contributed over the value of goods or services provided. If you have any questions regarding your tax obligations, you should consult with your own tax advisor. In the event that you need a duplicate or replacement receipt for tax purposes, you can contact email@example.com. Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable and non-transferrable.
4. Refunds, returns, and exchanges
Your Donation through the Site supports an awesome cause and enters you to win an awesome Prize. Donations are non-refundable unless accompanied by a Campaign perk, in which case we will only issue a refund if we are unable to deliver the perk or a reasonable alternative perk to the one you were promised. If your Donation is accompanied by a Campaign perk, please note that delivery time varies based on the item; specifics about shipment will be listed in the product description. Due to the exclusive nature of all Campaign perks, we apologize for not being able to accommodate exchanges.
5. Equipment Obligation
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a computer or Mobile Device (as defined in Section 7.1) that is suitable to connect with and use the Service. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees, including, without limitation, SMS/MMS text usage fees, that you incur when accessing the Service.
Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the legal age to use the Service, to use or re-use your Account in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Service and for any use of your payment instrument by any other person or third party in connection with your Account. Any person found to have violated this section may be reported to the relevant authorities. You may not disclose your password to anyone. You agree to immediately notify the Company by sending an email to firstname.lastname@example.org of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. The Company is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Only one (1) Account is allowed per person. In the event the Company determines that you have registered more than one (1) Account, you acknowledge and agree that, in addition to any other rights the Company may have, the Company has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Lottery games or corresponding prizes, and refuse any and all current or future use of the Service (or any portion thereof).
The Company employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a Company, employee, director or manager may not win the offered Campaigns.
7. Termination of Account
8. Limited License to Use Site and Service
9. Use of Site and Service
You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding the Company and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a sweepstakes (or multiple sweepstakes) automatically or in any way that would provide you with an unfair advantage over individuals who enter manually.
You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. The Company does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, the Company does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge the Company may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.
The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The Site and the Service are operated by the Company in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
10. Third-Party Products
Third party services, content, information and products may be made available by the Company on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and the Company makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.
Links from the Site. The Site may contain links to websites operated by other parties. The Company provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of the Company, and the Company is not responsible for the content available on the other sites. Such links do not imply the Company’s endorsement of information or material on any other site and the Company disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to the Company’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) the Company reserves the right to revoke its consent to the link at any time and in its sole discretion.
12. Company Intellectual Property and Intellectual Property Infringement
We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13. Disclaimer of Warranties.
THE SITE, SOFTWARE AND THE SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
14. Limitation of Liability; Sole and Exclusive Remedy.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.
16. Governing Law; Jurisdiction
17.10 Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of God, natural catastrophes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of the Internet or other networks (each, a “Force Majeure Event”).
1 “WinTogether” means, collectively, WinTogether Trust, AutoLotto, Inc. dba Lottery.com, and each of their respective parents, subsidiaries, divisions, affiliates, and licensees, and their respective directors, officers, trustees, employees, shareholders, agents, representatives, assigns and successors, and any other person acting with actual authority, as applicable.