Hope I Win Site Terms
By accessing or using the HopeIWin software application product and related services (the “System”), whether as a charitable organization (“charity”) that sells raffle tickets or a purchaser or potential purchaser of raffle tickets, you agree to the following terms:
1. Introduction.
HopeIWin (“we”, “us”) is a website offering software application services rendered to charities seeking to raise revenue through raffles. We do not, at any time, maintain or handle prizes forming part of a raffle; and do not, and will not, manage or coordinate the delivery of prizes. Furthermore, any charity using the System may elect to manage delivery of tickets independent of the System.
As a purchaser of raffle tickets through the System, you acknowledge and agree that we have no liability to you for any issues relating to prizing, and that your recourse is with the specific charity or through the processes established under laws of the applicable jurisdiction that regulate raffles and other gaming activities. If tickets are identified by the System as being delivered by the charity to you, then as a purchaser of raffle tickets through the System, you acknowledge and agree that we have no liability to you for any issues relating to ticketing or delivery, and that your recourse is with the specific charity or through the processes established under the laws of applicable jurisdictions laws that regulate raffles and other gaming activities.
As a charity that sells raffle tickets through the System, you agree that all prize delivery matters will be managed by your charity or its agents; and that you will indemnify and hold HopeIWin harmless from any claims that are made against us arising from, or related to, prizing in the raffle. Should you elect to manage delivery of tickets independent of HopeIWin, then you agree that all ticket delivery matters will be managed by your charity or its agents; and that your charity will indemnify and hold HopeIWin harmless from any claims that are made against HopeIWin arising from, or related to, raffle ticket delivery.
HopeIWin is strictly a venue and does not enter into any other relationship with raffle ticket purchasers, charities, or anyone else that may use the System other than that of an independent contractor. Use and understanding of these legal terms of use does not in any way create any partnership, joint venture, agency, employer-employee, or franchisee-franchisor relationship between HopeIWin and any purchaser of raffle tickets, charity, or other person that may use the System. The software is provided “AS-IS”. To the maximum extent permitted by law, HopeIWin disclaims all express and implied warranties, including implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
2. Account Security.
By using the System, you permit HopeIWin to collect data from or about you. We acknowledge the importance that you place on protecting your privacy and, as such, 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. Additionally, HopeIWin 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 HopeIWin may have acquired such data. You agree to allow HopeIWin to use your individually identifiable data to send materials to you (including offers to purchase HopeIWin or third party services); as well as for building of HopeIWin proprietary databases relating to service offerings and service requests.
HopeIWin will: (i) allow you to access any data HopeIWin 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 HopeIWin and (iv) upon receipt of a request as described in clause (iii) provide no further marketing materials to you. Upon the expiration or termination of this Agreement, HopeIWin shall have no obligation to return to you, or destroy, any lists, or other data regarding you, acquired from you; and you agree that HopeIWin 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 engaged by a charity for the purchase of products from the charity; and, therefore, HopeIWin will never have access to your credit card information.
3. Fees.
In order to use our services, we charge a flat monthly fee to those charities that use the System.
4. Digital Millennium Copyright Act Compliance.
The Digital Millennium Copyright Act “DMCA” is intended to protect website operators from liability for potential copyrighted materials submitted by third parties. If you believe a copyright has been infringed upon please provide us with a written notice by mail, fax, or email that contains:
• A detailed description of the copyrighted material you believe is being infringed upon;
• A description of where on the website this copyrighted material can be located;
• Your contact information – including name, address, telephone number, and email address
• A signed statement that you have a good faith belief that the information in your Notice is accurate and you are either the copyright owner or are authorized to act on the owner’s behalf;
• An original signature of the copyright owner or individual authorized to act on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.
HopeIWin will only respond to notices that substantially comply with the above requirements. Upon receival of a substantially complying Notice, we will investigate your claim and will notify you by the method of contact you used to file your Notice with us.
5. Limitation of Liability.
The design of the HopeIWin System may be changed without notice, and HopeIWin does not guarantee compatibility of your computing devices with the System. HopeIWin reserves the right to withdraw the System at any time.
The HopeIWin System, including all documentation and technical support (if any) are provided “As Is” without warranty, either express or implied. The excluded warranties include, but are not limited to, the implied warranty of merchantability and implied warranty for fitness for a particular purpose. Except as otherwise explicitly stated herein, HopeIWin 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 extent of all warranties in respect to the product and documentation and no agent of HopeIWin is authorized to alter its warranty obligations.
The entering into of this Agreement does not include any consideration for HopeIWin to accept any risks of product quality, accessibility, usability or suitability, and if any such risks were to be assumed by HopeIWin, HopeIWin would not have entered into this Agreement without charging significant fees.
To the maximum extent permitted by applicable law, HopeIWin shall not be liable for any incidental, punitive, indirect, exemplary, unintended, or consequential damages whatsoever (this includes without limitation damages for interruption, loss of profits, or loss of business information) in connection with any claim arising out of this Agreement, including HopeIWin’s provision or inability or failure to provide the HopeIWin System 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 HopeIWin has been advised of the possibility of such damages, whether the action is based on contract, tort, infringement of intellectual property rights, or otherwise.
HopeIWin’s total maximum aggregate liability under this Agreement arising in any manner whatsoever, shall be limited to the fees actually paid by you to HopeIWin for the HopeIWin 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 $20.00, whichever is lesser.
Use of HopeIWin’s System is at your own risk. HopeIWin makes no representations with respect to the System’s infringement of third-party intellectual property rights. In using this service, you agree that HopeIWin shall have no obligation to defend or indemnify you against any and all claims brought against you. Here, “claims” shall mean any claim, suit, action, or any other form of legal proceeding. HopeIWin is providing an open marketplace for communication and interaction with others, and unless explicitly stated as such, HopeIWin 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 HopeIWin’s products are made with third party service providers and that HopeIWin 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 HopeIWin system is at your own risk, and that HopeIWin’s maximum liability is as otherwise described herein.
You understand and agree that HopeIWin makes no representation or warranties regarding use of the HopeIWin 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 the System and shall not assert or pursue any claim against HopeIWin for lost data, re-run time, inaccurate input, work delays, or lost profits resulting from the use of the HopeIWin System.
You agree that you will indemnify and hold HopeIWin harmless from and against all costs, including without limitation reasonable attorney’s fees, arising from any claim that is made against HopeIWin arising out of your illegal use of the System. This indemnification explicitly includes, but is not limited to, illegal, fraudulent, harassing, slanderous, or libelous activities undertaken by you.
6. Payment Responsibility.
As part of the registration for use of the System by potential purchasers of raffle tickets, you will be offered the opportunity to register for an account with a charity’s third-party payment processor, under the processor’s terms of service and privacy policy. Proceeds from the purchase of any products of any charity are paid to the charity by the third-party processor, less any service charges agreed to between HopeIWin and the charity.
HopeIWin may charge fees to charities for their use of the System. All fees paid are non-refundable in the event the System is modified or otherwise rendered unavailable for violation, or suspected violation, of the terms of this Agreement.
7. Eligibility and Registration for Membership.
To use our System to buy raffle tickets, you must register an account within the System. You must certify that you are not under the age of 18 years old; individuals under the age of 18 years old are not permitted to use this website or our service. You must also certify that you are United States citizen or resident, but that you are not a citizen or resident of a state that prohibits the purchase of raffle tickets through the System (see section below concerning Prohibited Use of System). By registering an account, you agree to comply with all of the terms set forth in this Agreement. HopeIWin has the sole right and discretion to determine whether to accept your registration, and may reject any attempted registration, with or without explanation.
Upon completion of the registration process, you will create a username and password that will allow you to opportunity to use the services offered by the System. You agree that maintaining the confidentiality of your username and password is fully your responsibility. You are fully responsible for any and all liability and damages resulting from a failure to maintain the confidentiality of your username and password. Furthermore, you are fully responsible for any and all activity that occurs through the use of your username and password. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security regarding your account information. HopeIWin shall not be liable for any loss or damage arising from your failure to comply with username and password security as discussed herein.
Each authorized user may only register one account. Attempting to register for multiple accounts is a violation of the terms of this Agreement.
8. Use of the System; User Responsibility.
You understand that HopeIWin retains all rights to unilaterally, and at HopeIWin’s sole and absolute discretion, limit the amount 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 HopeIWin, 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, vulgar, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the 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 that HopeIWin has full discretion in determining what content posted is considered in violation of the Terms of Service.
You agree not to access (or attempt to access) the System by any means other than through the interface that is provided by HopeIWin. 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 HopeIWin 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 HopeIWin System is displayed or used or to otherwise alter the visual display of the HopeIWin System. You are not permitted to execute script searches or search materials displayed as part of the HopeIWin System 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 but not limited to, “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 HopeIWin System 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 HopeIWin System, you authorize and direct HopeIWin or its agents to make such copies thereof as it deems necessary in order to facilitate the provision of the HopeIWin System. By providing content through use of the HopeIWin System, you grant, and you represent and warrant that you have the right to grant, to HopeIWin 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 HopeIWin System and to grant and authorize sublicenses of the foregoing. You confirm and warrant to HopeIWin that you have all the rights, power and authority necessary to grant the above license. You agree that HopeIWin may edit your content to remove information that may be used to subvert the intended use of the HopeIWin System.
When you use the System, you will be asked to provide us with an email address. You agree that HopeIWin 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 the terms of this Agreement and in alleged violations thereof, and you agree that any notices we send by email to the email address you provide are deemed given and received by you on the date we send it.
9. References to Our Site and Service.
Links and references to our site and service are encouraged and appreciated. You are permitted to provide links to our Website so long as you do not remove, in whole or in part, obscure, by framing or other methods, any portion of the Website or give any implication that we do not own our website or the software provided. Notwithstanding the foregoing, if your website conducts or engages in illegal or immoral activities that would be detrimental to our website and services, you may not link or reference HopeIWin’s website. It is entirely the discretion of HopeIWin in determining if you meet such requirements. You agree to immediately discontinue any posting, sharing, or otherwise providing of links to our Website upon our request.
10. References to Third-Party Sites.
Occasionally, this website will contain links to third-party websites. These are solely provided as convenience to users of our website. You agree to access these third-party websites at your own risk as HopeIWin in no way creates an affiliation with or sponsors such third-party websites, and the inclusion of such links on our website does not establish or constitute any endorsement, guarantee, warranty, relationship, or recommendation of such third-party websites or any products or services offered for sale thereon. HopeIWin has no control over these third-party websites, their privacy practices, nor their terms and conditions for use of their websites and the products or services that may be offered thereon.
11. Prohibited Use of System.
You acknowledge and agree that raffles are governed by federal and state statutes and local ordinances (collectively “laws’) that may prohibit the sale or purchase of raffle tickets in a given state or jurisdiction. To the extent that any term of this Agreement is in conflict with any applicable law, applicable law shall supersede that term of this Agreement with respect to any specific sale or purchase of a raffle ticket. You may review applicable laws for the jurisdiction of the charity that is selling a raffle ticket or the jurisdiction governing the purchaser of the raffle ticket by visiting the website of the applicable federal, state, or local regulatory agency that governs the sale and purchase of raffle tickets.
You acknowledge that the sale and purchase of raffle tickets through the System is prohibited or otherwise not allowed under the terms of this Agreement in certain states. You agree that you are not a citizen or resident of any of the following states where, at the time the terms of this Agreement are being written, online raffles, both participation and hosting, are prohibited:
-Alabama
-Hawaii
-Kansas
-New Jersey
-Washington
-Utah
You also acknowledge that any prohibited sales are void, in which event you will not be entitled to win the prize offered in the raffle. You further acknowledge and agree that any claim you may have for a refund of prohibited amounts paid by you in violation of the terms of this Agreement may only be pursued by you against the charity to which payment was made. You agree to indemnify and hold HopeIWin harmless from and against any costs it may incur, including without limitation reasonable attorney’s fees, that result from any claims you may assert against HopeIWin for a refund of amounts paid by you to any charity that are in violation of applicable laws.
In addition, if you are a resident or citizen of Arkansas, Louisiana, or Michigan please consult legal assistance before proceeding to purchase or sell a lottery ticket through the System. For residents or citizens of California, please note that there are strict requirements for participating in and hosting online raffles, and, accordingly, citizens and residents of California must review California law to confirm that they may purchase or sell a lottery ticket through the System.
Any charity that uses the System to sell a raffle ticket expressly warrants that the charity is legally authorized to use the System to sell a raffle ticket to each purchaser that purchases the charity’s raffle ticket through the System. Each charity using the System further covenants that it will not sell a raffle ticket to any purchaser that is a citizen or resident of any state that prohibits the purchase or sale of the charity’s raffle ticket through the System. Each charity acknowledges that it is responsible for determining the states that prohibit the sale or purchase of raffle tickets based on the particular raffle being conducted by the charity. Each charity that uses the System agrees to indemnify and hold HopeIWin harmless from and against all costs it may incur, including without limitation reasonable attorney’s fees, that result from a charity’s use of the System in violation of the terms of this Agreement, including without limitation violation of the preceding warranty and covenant set forth in this paragraph.
12. Governing Law /Jurisdiction / Venue.
Except where preempted by federal law, the validity, interpretation, construction, and performance of this Agreement is governed by and is to be construed under the laws of the Commonwealth of Virginia, without regard to conflict of laws rules. With respect to any causes of action arising from, related to, or concerning this Agreement, the appropriate state or federal court located within the outer boundaries of the City of Harrisonburg, Virginia, that has subject matter jurisdiction over the cause of action shall have exclusive jurisdiction and venue to decide the cause of action.
13. Miscellaneous Matters.
You agree that this Agreement is personal to you and you shall not be allowed to assign this agreement to anyone. You agree that HopeIWin may assign its rights hereunder without your prior consent.
You agree that the terms of this Agreement constitute the entire agreement between HopeIWin and yourself and the terms and any subsequent updates to the terms, supersede any prior agreements, term and conditions, and communications between HopeIWin and yourself. No failure on the part of either HopeIWin 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 this Agreement creates no agency, partnership or joint venture relationship and neither you nor HopeIWin or its agents may act in any manner to bind the other.
