#FOSTERCHALLENGE ONLINE CAMPAIGN 2020
TERMS & CONDITIONS
These terms and conditions are applicable to the #FosterChallenge campaign located at www.fosterchallenge.org that forwards to the GoFundMe Charity online campaign located at: https://charity.gofundme.com/o/en/campaign/fosterchallengeemergencyfund
Campaign participants may only be located in or from the 50 United States and the District of Columbia and Canada. Participants originating from any other jurisdiction are not eligible for participation. All online campaign items and experiences are governed exclusively by the laws of the jurisdictions in which the online campaign are permitted. Void where prohibited.
By participating in the #FosterChallenge.org online campaign administered and hosted by Mixed Roots Foundation, a
501(c)(3) nonprofit organization in partnership with Music is Unity Foundation (Host Partner), a 501(c)(3) nonprofit organization both based in Los Angeles, CA (“Administrators”), Participants fully and unconditionally agree to be bound by these terms and conditions and the decisions of Administrators, which will be final and binding in all matters relating to the online campaign.
All donations made in connection with this fundraising campaign will be processed by Mixed Roots Foundation, an IRS-recognized, U.S. public charity whose mission is to raise awareness and funds for the adoption and foster care community and will distribute 100% of funds raised through this #FosterChallenge campaign to benefiting Community Partners including its host partner Music is Unity Foundation that can be found on the main page of the #FosterChallenge campaign site. Mixed Roots Foundation and Music is Unity Foundation has pre-qualified each benefiting Community Partner who are eligible to receive Mixed Roots Foundation and Music is Unity Foundation grants and contributions. All donations are final. Any / all donations are 100% tax deductible to the extent to the law.
- Eligibility. Participants (“Participants”) in the #FosterChallenge can be residents of the 50 United States and the District of Columbia and Canada who are 18 years of age or older. All applicable federal, state, provincial and local laws and regulations apply.
- How to Participate. The online campaign featuring a variety of items and experiences will have a starting date of Friday, May 1, 2020 at 8am, PST and has been extended to 11:59 PM, Tuesday, June 30, 2020 (the “Eligibility Period”). Participants will be able to participate throughout the month of May and now June to support the #FosterChallenge campaign. Selected participants of the campaign items and experiences will be notified the first week of July 2020.
- Value. The online campaign item or experience value listed is an estimate of fair market value. Items have not been appraised unless so noted. The amount you pay above this fair market value estimate is normally tax deductible as a charitable contribution to the extent of the law.
Please consult your tax adviser to clarify amount of deduction.
- Online Campaign Items or Experiences.The Winner will receive the item/experience specified on the #FosterChallenge Website and Microsites. Timing for fulfillment of Item/Experience (including travel if applicable) shall be as solely determined between the Winner and Administrators. The approximate retail value of any item will be specified on the Website. No substitutions or cash redemptions, except in the case of unavailability of the item under extreme circumstances, where Administrators reserves the right, in Administrators sole discretion, to substitute an item of equal or greater value. For example, items and experiences are to be donated by Sponsors and donors and other third parties to the #FosterChallenge and, as such, are subject to availability; if a Sponsor or other donor does not actually deliver an Experience or Item, if such entity revokes or withdraws the Item or Experience, or if the Item or Experience is not otherwise made available to us, then we, as the Administrators will not be able to award the Item or Experience. Certain types of Items or Experience may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the #FosterChallenge Website:
(a) Online campaign Item or Experience That Include a Travel Component: (Airfare, travel and hotel accommodations will be handled by the Potential Winner unless specified otherwise on the #FosterChallenge Microsite. Travel companions will be required to sign a liability/publicity release prior to issuance of tickets. Additionally, travel companions/guests of the winner may be subject to a background check, which may impact their ability to participate in the Prize.
(b) Online campaign Items or Experience That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided in the sole discretion of Administrators. In the case the event is cancelled for any reason, the remainder of the Item or Experience, if any, will be presented without the scheduled event. In the case of cancellation, Administrators otherwise may substitute an item of equal or greater value in its sole discretion. Winner’s Guest(s) must be 18 or older or the person who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable #FosterChallenge Website.
(c) Online campaign Items or Experiences That Include Meeting or Greeting any Person: Meet and greet portion of an Item or Experience is subject to availability. In the case of unavailability, the remainder of the Item or Experience, if any, will be awarded without the meet and greet portion.
(d) Online campaign items or Experiences That Involve Participating in a Physical Event: Administrators and/or event coordinators reserve the right to decline participation in the event to any Winner or Winner’s Guest(s), if applicable, if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe matter, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Administrators in its sole discretion. Administrators may require Winner and Winner’s Guest(s), if applicable, to be examined by a doctor or other appropriate medical professional prior to participation in the event.
(e) Other Restrictions: Online campaign Items and Experiences are non-transferrable and non-sellable, except at Administrators’s option, acting in its sole discretion. Any other restrictions that apply to an Item or Experience will be set forth in the #FosterChallenge Website. If the Winner is under the age of majority in their state or province of residence, the applicable Item or Experience will be awarded to the Winner’s parent or legal guardian, and all applicable Online sweepstakes documents must be signed by the Winner’s parent or legal guardian prior to receipt of the Online sweepstakes Item or Experience.
- Additional Online campaign Items. The #FosterChallenge reserves the right to add or withdraw items, without notice, to or from the online sweepstakes during the term of the online sweepstakes.
- All donations are final. There will be no exchanges or refunds unless otherwise noted. All items are “as is”. The #FosterChallenge has attempted to describe and catalog items correctly, but neither warrants nor represents and in no event shall be responsible for the correctness of descriptions, genuineness, authorship, provenance or condition of the items. No statement made in this catalog, or made orally or elsewhere, shall be deemed such a warranty, representation, or assumption of liability.
- Donations: Payments for all items and experiences must be processed and finalized online at www.fosterchallenge.org by 11:59 PST on Tuesday, June 30, 2020 (the “Eligibility Period”) or can be made via a bank EFT check transfer. The #FosterChallenge also accepts American Express, Mastercard, Visa, or PayPal.
- Winner Selection/Notification. By use of an offline automated random drawing process to draw potential winner(s) for a specific campaign item listed in the #FosterChallenge campaign, the confirmation process will notify the selected potential winner starting July 1, 2020 by no later than the end of the first week of July 2020 and may include a background check, will then take place to ensure the potential winner meets the legal standards required. Winner and, if applicable, their guest(s) agree to cooperate fully with Mixed Roots Foundation and its host partners Music is Unity Foundation with conducting any background check(s), which includes providing information requested by Mixed Roots Foundation and its host partner Music is Unity Foundation including, but not limited to, full legal names and addresses. If the Prize includes meeting a celebrity, meeting a public figure, or attending a special event and any background check indicates, in Mixed Roots Foundation and its host partner Music is Unity sole discretion, that the potential winner or the potential winner’s guest(s) pose a danger to or may harm the reputation of any person or entity involved in the sweepstakes, Mixed Roots Foundation may disqualify a winner and move on to the next randomly drawn potential winner. Pending a positive outcome of the confirmation process, Mixed Roots Foundation and/or host partner Music is Unity Foundation will notify the potential winner via email and/or phone. The potential winner must respond within the time period designated in the notification, or Mixed Roots Foundation and its host partner Music is Unity Foundation may move on to another randomly drawn potential winner. Before confirming a potential winner as the winner, Mixed Roots Foundation and its host partner Music is Unity Foundation may require the potential winner to confirm their eligibility. Potential winner and guest(s) must execute and return all required documents within the time frame specified by Mixed Roots Foundation and its host partner Music is Unity Foundation. If winner does not execute and return all required documents within the time frame specified by Mixed Roots Foundation and its host partner Music is Unity Foundation, winner will forfeit the Prize and Mixed Roots Foundation and its host partner Music is Unity Foundation will move on to another randomly drawn potential winner.
- Compliance – The Winning Participant must comply with all terms and conditions of this campaign and winners are contingent upon fulfilling all requirements. In order to receive the Online campaign Item or Experience, Participant must sign and return to the Administrators within 24 hours of initial notification or the timeframe indicated in the official notification email an affidavit/declaration of eligibility and liability/publicity release (except where prohibited by law), or any other document necessary to confirm eligibility, as determined by Administrators, in its sole discretion.
- Background Check – Administrators reserves the right to conduct a background check of the Winning Participant or Participants, if any Prize includes participation by one or more of Potential guests or family members (“Potential Bid Winner’s Guest(s)”), the Potential Winner’s Guest(s), and reserves the right in its sole discretion to disqualify any Potential Winner or Potential Winner’s Guest(s) based on the results of such background check, if the Administrators or its Partner determines in its sole discretion that awarding the Experience or Item to such Potential Winner or potential Winner’s Guest(s) might reflect negatively on the Administrators or its Sponsors and donors, put Administrators or its Sponsors and donors in danger or may impede Potential Winner or Potential Winner’s Guest(s) entry into a destination country. Administrators and its Sponsors and donors are not obligated to share any specific results of background check with any Potential Winner or Potential Winner Guests, whether the background check resulted in a disqualification or not. Factors that could result in disqualification as a Winner or Winner’s Guest(s) include, without limitation, having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Administrators. Where necessary to fulfill this requirement in any jurisdiction, Potential Winner and/or Potential Winner’s Guests must provide authorization and/or complete any forms reasonably required to facilitate such background check. If any Potential Winner cannot be contacted within 24 hours after the first attempt to contact him/her, or if he/she fails to sign and return the required documentation within the required time period, the Second Winner in line will be notified. This process will continue until a valid Winner is found that complies with all the terms and conditions of these Official Rules, assuming time permits given the dates and times of the applicable Experience or Item.
- Participants & Potential Winners. Each person assumes all risks and hazards related to the online campaign items and experiences obtained at the online campaign site. Each participant agrees to hold harmless from any liability arising indirectly from #FosterChallenge , their elected and appointed officials, members and employees, the charitable organizations, foundations, company and its agents and employees, the event organizers, sponsors and donors, and/or volunteers connected with the online campaign.
- . General Conditions. All federal, state and local taxes are the sole responsibility of Winner, and Winner acknowledges that the value of the Online campaign Items and Experiences may be considered taxable income in some jurisdictions. The Winner is solely responsible for the payment of taxes to the relevant taxing authorities for all federal, state and local income taxes and any other taxes associated with the Item or Experience.
Participation in the Online campaign and/or acceptance of the Online campaign Item or Experience constitutes Winner’s permission for Administrators and/or the Sponsors and donors to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner (including as paraphrased) regarding the Online campaign Item, Experience or Administrators for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting the Winner’s name on the Internet), except where prohibited by law. By participating, all participants, Winner and Winner’s Guest(s), agree to release and hold harmless Administrators, its Sponsors and donors, its/ their advertising and promotion agencies involved with the Online campaign, Facebook, Twitter, Instagram, Linkedin, YouTube and each of their respective parent companies, subsidiaries, affiliates, sponsors and donors, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Online campaign or possession, acceptance and/or use or misuse of the Online campaign Item or Experience, or participation in any Online campaign-related activity and for any claims based on publicity rights, defamation, invasion of privacy or Item or Experience delivery. Participants who do not comply with these terms and conditions or attempt to interfere with the Online campaign in any way shall be disqualified. Administrators is not responsible for any printing, typographical, mechanical, technological, human or other errors in these terms and conditions, in the administration of the Online campaign in the announcement of the Online campaign Item or Experience, and/or in any advertising or other associated promotional materials in connection with the Online campaign.
In case of dispute as to the identity of any Participant, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of registration. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Administrators may ask any Winner to provide Administrators with proof that such party is the Authorized Account Holder of the email address associated with the campaign item and/or experience. Any attempted form of participation in the Online campaign, other than the methods stated, is prohibited; no automatic, programmed, robotic or similar means of participation or Entry are permitted. Administrators, its affiliates, sponsors and donors and promotion and advertising agencies are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of registration or Entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant’s ability to participate in the Online campaign, including any injury or damage to entrant’s or any other person’s phone, or computer, or other matter relating to or resulting from participating in the Online campaign or downloading any materials in the Online campaign.
Administrators reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend an Online campaign Item or Experience should (in its sole discretion) any 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 Online campaign. Administrators is not responsible for cheating or fraud by any Participants. If cheating or fraud corrupts, or is suspected by the Administrators in its sole discretion, to corrupt the fairness or integrity of the Online campaign, Administrators reserves the right, in its sole discretion, to cancel the affected Online campaign Item or Experience and begin another Online campaign. Administrators reserves the right, at its sole discretion, to disqualify any individual it finds or suspects, in its sole discretion, to be tampering with the Online campaign process or the operation of the Online campaign and/or any associated web site or mobile site. Administrators may void a Participant’s Entry without refund and prohibit the Participant from participating in the Online campaign (and future promotions) or winning the Online campaign Item or Experience if, in its sole discretion, it determines or suspects that said Participant is attempting to undermine the legitimate operation of the Online campaign by cheating, hacking, deception, or other unfair playing practices (including but not limited to the use of automated entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Administrators’s representatives. Any Participant found to be violating these terms and conditions may be prohibited from participating in current and future #FosterChallenge Online campaign in Administrators’s sole and absolute discretion.
- Governing Law.These terms and conditions will be governed by federal and California state law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access #FosterChallenge Online campaign.
- Arbitration; No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.Use or accessing the Online campaign constitutes your acceptance of this Arbitration provision.
As a condition of Participating in any Online campaign, each Participant (“you” / “your”) and Administrators (“we” / “us”) agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with such Online campaign (except for small claims
court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a
court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
- THIS CAMPAIGN IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER, or INSTAGRAM, LINKEDIN, YOUTUBE and IS NOT SPONSORED, ENDORSED, or ADMINISTERED by our SPONSORS AND DONORS.