B-Causes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
The Entry is for a chance to win $5,000 and the charity of the winner’s choice will receive $10,000. A second chance to win the sweepstakes will be tracked through B-Causes share with a friend tracking which will identify who referred the winner to the contest. The referring entry will also win $5,000.
Working Together For Good Sweepstakes (the “Sweepstakes”) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 13 years of age or older. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of B-Causes LLC. (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
2. HOW TO ENTER:
The entry period for the Sweepstakes begins on January 2nd, 2020 at 12:01 am EDT and continues through June 30th, 2021 at 11:59AM EDT (the “Entry Period”). No purchase is necessary. Any entrant who is under 18 years of age or otherwise under the legal age of majority in the jurisdiction in which the entrant resides (a “Minor”) must obtain permission to enter from his or her parent or legal guardian, and the agreement of the parent or legal guardian to these Official Rules, prior to entry. Each entrant will be required to fill out an online entry form (which will require the entrant to submit his or her email address, phone number, and such other information as Sponsor may require). Each eligible entrant who fully completes the online entry form for the Sweepstakes on the Website will receive one Sweepstakes entry. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Entry times will be determined using Sponsor’s computer. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Sponsor is not responsible for the content of any material or information that may be presented in response to a query using the search mechanism on the Website or for the content of any website that any Website user may visit after conducting a search. Entering the contest constitutes a relationship with the brought to you by sponsor/licensee and will be opted in to hear from the sponsor/licensee via email, text, and phone. Entrant can opt out directly with the sponsor/licensee and will remain a B-causes free member.
3. WINNER SELECTION AND NOTIFICATION:
Following the conclusion of the Entry Period 2021-06-30 11:59:00 -0400 potential winner(s) will be selected in a random drawing conducted by Sponsor or its agent from among all eligible entries received during the Entry Period. The odds of being selected will depend on the number of eligible entries received during the Entry Period. The potential winner will be notified by e-mail (using the e-mail address provided by the potential winner), or using other contact information provided by the potential winner (if any), in Sponsor’s discretion, and the potential winner must respond to Sponsor’s initial notification attempt within 72 hours. The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within three days of attempted delivery of same. If the potential winner is a Minor, Sponsor will have the right to request that the potential winner’s parent or legal guardian sign the Winner Verification Documents on behalf of the winner, or to award the prize directly in the name of the winner’s parent or legal guardian, who in such event will be required to sign the Winner Verification Documents and/or an IRS Form W-9. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 within three days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
The prize consists of $5,000 to the winner. The referral friend also wins $5,000. The Charity is selected at the time of entry and cannot be changed upon winning. The Charity prize is a cash prize in the amount of $10,000. The winner’s aggregate retail value of all prizes is $20,000. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. The prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive the prize is permitted, except in the discretion of Sponsor, which has the right to substitute the prize with a prize or prizes of equal or greater value selected by Sponsor in its discretion. The prize consists only of the item(s) expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. Use of gift cards is subject to issuer’s terms and conditions. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law. A W-9 and Winner Affidavit will be required for payment of cash prizes.
5. GRANT OF RIGHTS:
By entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. Each entrant constitutes a relationship with the charity selected and B-Causes LLC and under the Can-Spam Act of 2004 this entry will be recognized as opting to hear from both B-Causes LLC and the charity selected. The entrant has the right under such provision to opt out and anytime individually and this will not affect sweepstakes chances.
6. RELEASE AND LIMITATION OF LIABILITY:
By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant, and with respect to minors entrant’s parent and/or legal guardian, releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use the Website, the provision, acceptance or use of the prize or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of the Website, or the provision, acceptance or use of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes.
7. GENERAL RULES:
Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the application or interpretation of such terms. In the event of termination of the Sweepstakes, a notice will be posted on the Website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address associated with the entry in question. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the email address associated with the entry in question. The Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Sponsor, its affiliates and partners, and may be presented in conjunction with offers sponsored by different organizations. The Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of the prize will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New Jersey. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in Monmouth County in the State of New Jersey, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
9. USE OF INFORMATION:
By entering the Sweepstakes, each entrant agrees that information submitted via the Website in connection with the Sweepstakes will be subject to Sponsor’s Privacy Notice available at https://www.b-causes.com/privacy-policy (the “Privacy Notice”) and may be used as permitted pursuant to the Privacy Notice, and may also be used as determined by Sponsor in connection with the administration of the Sweepstakes (including winner notification and provision of winner name(s) when requested), and for purposes of providing products, services and information (e.g., newsletters) to the entrant. Entering the contest constitutes a relationship with the brought to you by sponsor/licensee and will be opted in to hear from the sponsor/licensee via email, text, and phone. Entrant can opt out directly with the sponsor/licensee and will remain a B-causes free member.
10. WINNER NAMES AND RULES REQUESTS:
For the name(s) of the winner(s), available thirty days after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to:
2640 Route 70 Suite 1A
Manasquan NJ 08736
Winner names requests must be received by Sponsor within six months after the conclusion of the Entry Period.
2640 Route 70 Suite 1A
Manasquan NJ 08736
Frequently Asked Questions
1. How will I be contacted if I win?
We will notify you via email as well as call you at the phone number you provided on the entry form if you fail to respond to the email.
2. Will it cost me anything to claim my prize if I win?
Absolutely not! You will never have to make a purchase or spend money to claim your prize. However, please be aware that if your total prize value exceeds $600, you will be required by law to complete an IRS W-9 form as a precondition to receiving your prize.
3. Why do I have to enter my phone number and email?
We require this information so we know how to get into contact with you if you win. If you're selected as the winner, we will send a confirmation email you must reply to. If you fail to respond to the email, we will call you at the phone number you provided.
4. How do I stop receiving emails from B-Causes, the charity I selected, and/or the participating business?
If you wish to stop receiving emails, simply click 'Unsubscribe' at the bottom of one of our emails and follow the instructions to remove your email address from the list. Please allow approximately 10 days for your request to be completed. You can opt out from either or both organizations at your discretion.
5. Why do I become a free member of B-Causes after entering a sweepstakes?
Our whole program has been designed to help charities. As a free member, you will receive special savings offers that when purchased, between 2% and 80% of the purchase price will be paid to the charity that you selected. If you win the sweepstakes you cannot change the charity that you selected upon entry, however you will have the ability to change the charity for any future offers that you may be interested in purchasing. There is no obligation to ever make any purchase. All purchases, however, will benefit a charity.
6. Does anyone really win?
Absolutely! Two winners will receive $5,000, in addition the charity of the winner receives $10,000. The actual winner, and the friend who shared the contest with the winner, receives $5,000 towards their good work. We also have built a free data base for the charity that they can send out updates on their upcoming events. The new free members will also hear from time to time about savings offers that can help every cause raise funds. The consumers save, and the charities raise. Our business partners get great cause marketing, everyone wins!
7. What are my odds of winning a sweepstakes?
Odds of winning the sweepstakes will depend on the number of eligible entries received for each entry period. Odds of being selected as the Grand Prize Winner will depend on the number of eligible entries received during the entire entry period.
CONSUMER PRIVACY IS OUR CONCERN
B-CAUSES D0ES NOT SELL YOUR DATA When registering you are agreeing to hear from B-Causes and your
chosen cause regarding offers or events that raise funds for charity. You are also agreeing to hear from the premier
member who sponsored this contest. The Cause and the Premier Member are prohibited from selling B-Causes data.
You have the right to opt out of from hearing from B-Causes, your chosen associated causes and or the premier
partner individually at any time.
We Power Media
This Site is operated by B-Causes LLC (hereinafter “B-Causes”). These terms and conditions (“Terms”) govern your access to the B-Causes mobile application, the B-Causes website www.b-causes.com and any sites we have now or in the future that reference these Terms (collectively referred to as the “Site”). Your access to and use of the Site is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Site may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms.
The term “you” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. The terms “we,” “our” or “us” shall refer to B-Causes.
The Site is offered to you conditioned on your acceptance without modification of the Terms contained herein. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
USE OF OUR SITE
B-Causes is a platform that allows its members to save money on offers provided by different merchants, and when these offers are purchased a percentage of each purchase goes to charitable causes (“Causes”) that they care about. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Site is unavailable at any time or for any period. You must be eighteen (18) years or over in order to use B-Causes and its Site. We do not knowingly collect, either online or offline, personal information from persons under the age of 13. As a condition of us providing the Site and services available on it to you, you confirm that you will use the Site and the services available for your personal, non-commercial use only.
In order to access, use or receive our services, you need to register and create an account and become a registered user (“Member”). In creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an account, you will be required to provide certain personal information about yourself, such as your name, phone number, email address, credit card details, and other requested information, and establish a username and a password. You may only create and hold one account on the Site for your personal use and must register using a valid credit card. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
PASSWORD AND SECURITY
If you use the Site, you are responsible for maintaining the confidentiality of your account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. You are solely responsible for maintaining the security of your account. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Site if in our opinion, you have failed to comply with any of the provisions of these Terms.
You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason, we do not receive payment for a purchase, we may exercise our rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use or purchase of any of our Services, including sales, use, and excise taxes. All sales are final.
Certain partner merchants (“Merchants”) may offer and advertise their products and/or services on our Site such as, but not limited to, promotions, offers, coupons and vouchers (collectively, “Merchant Offerings”) Any descriptions of the Merchant Offerings advertised on the Site are provided by the Merchant or other referenced third parties. We do not screen or vet Merchants. We are not responsible for any claims associated with the description of the Merchant Offerings or products. Pricing relating to certain Merchant Offerings, products, and other available programs on the Site may change at any time in our sole discretion without notice. You should research what you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products. We do not recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. We may, in our sole discretion, verify a Member’s identity prior to processing a purchase. We may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms. Refunds for cancelled orders may be issued where appropriate. We reserve the right, in our sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. We reserve the right, in our sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
Merchants may offer vouchers (“Vouchers”) that are redeemable for certain goods, services or experiences offered by, or facilitated through the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release B-Causes and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher. By purchasing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (“Fine Print”) and these Terms. These rules apply to all Vouchers that we make available, unless a particular Voucher’s Fine Print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s Fine Print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms will render the Voucher void. The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in our discretion, without notice.
IN-KIND DONATIONS FOR SALE
The Site provides a platform for different Causes to offer gift certificates or goods (collectively “Items”) to be available for sale. Certain Items may be available exclusively online through the Site. These Items may have limited quantities and may not be subject to return or exchange. We made every effort to display as accurately as possible the colors and images of the Items displayed for sale on the Site. However, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of the Items to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All Item descriptions or their pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any Item made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or services will be corrected. B-Causes is responsible for the operation of the Site only and serves only to facilitate the sale transaction between the Members and the Causes. B-Causes shall retain all costs associated with performance of the services and then shall remit the agreed upon percentage of the remaining proceeds to the Cause after collecting all of the funds from the sale. Such costs shall include, without limitation a payment processing fee, any taxes, or other charges associated with the Items or the provision of services.
IN-KIND DONATIONS FOR AUCTION
The Site provides a platform for different Causes to offer gift certificates or goods (collectively, “Items”) through an online Auction to Members and for the Member with the highest bid at the close of the Auction to purchase. B-Causes is responsible for the operation of the Site only and serves only as an intermediary between Members and the Cause. By bidding on any item, you agree to purchase the Items at the price you have bid. You agree that should you bid on an Item and that bid is the winning bid, that you are bound to pay B-Causes the winning bid amount for the Item. You further agree that all bids placed under a Member’s Account are considered to be placed by the Member or with the Member’s authorization. When the Auction goes live, Members are free to place bids on the Item until the Auction closes. As bids are placed, we reserve the right to authorize your credit card for any bid amount placed. Each time you are outbid, we will notify you via email informing you of such. At the close of the Auction, we will review all bids for the Item and if you are the highest bidder we will inform you via email. After the close of the Auction the winning bidder’s credit card will be charged the closing auction price, plus sales tax, and any other applicable costs (“Total Purchase Price”). Upon the close of an Auction, we shall collect the Total Purchase Price directly from the Winning Bidder. B-Causes shall retain all costs associated with performance of the services and then shall remit the agreed upon percentage of the remaining proceeds to the Cause after collecting all of the funds from winning bidder. Such costs shall include, without limitation a payment processing fee, any taxes, or other charges associated with the Items or the provision of services.
SHIPMENT FOR AUCTION ITEMS
All Items will be shipped by the Cause directly to the winning bidder/purchaser. We will provide you with a confirmation email stating that the Item or Items will be shipped to you, and will also include the tracking information for the Item. Any delivery date provided is only an estimate, and it is not a guarantee that an item will be delivered on that particular date. B-Causes, its subsidiaries or affiliates, or any of their employees, officers, directors, or agents are not responsible for any damage or loss incurred to any Item prior to or during shipment.
Use of the Site is limited to the permitted uses expressly authorized by us. To the extent your conduct and/or use of the Site, in our sole discretion, restricts or inhibits any other Member from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account. The Site shall not be used in any way that:
(1) Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(2) Is unlawful, fraudulent, or deceptive;
(3) Uses technology or other means to access unauthorized content or non-public spaces;
(4) Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
(5) Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(6) Attempts to damage, disable, overburden, or impair our servers or networks;
(7) Attempts to gain unauthorized access to a B-Causes computer network;
(8) Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(9) Violates these Terms in any manner; or
(10) Fails to comply with applicable third-party terms and conditions or other third-party policies.
INTELLECTUAL PROPERTY RIGHTS
All of the information and other content displayed on, transmitted through, or used in connection with Site, including but not limited to, text, graphics, logos, images, advertising, directories, guides, articles, opinions, reviews, photographs, illustrations, audio clips, video, html, source and object code, software, data, the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”) is the property of B-Causes and protected by Copyright law and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of B-Causes or our licensors except as expressly authorized by these Terms. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
NOT A HEALTH OR WELLNESS PROVIDER
B-Causes is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site. A Merchant may advertise goods, services or experiences on the Site, or with respect to products that require Merchant to have an up-to-date regulatory authorization, license, or certification to operate. B-Causes does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant.
THIRD-PARTY LINKS, SITES AND SERVICES
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information on the Site is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
TERMINATION OR MODIFICATION OF SERVICE
We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the Site at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including registrations that, in our sole judgment, appear to be malicious or unlawful. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
LIMITATIONS OF LIABILITY
DISCLAIMER OF WARRANTIES
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER B-CAUSES, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS. THE SITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, B-CAUSES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY B-CAUSES THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
Using the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS B-CAUSES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of Content or information from the Site may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This arbitration provision shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
JURISDICTION AND APPLICABLE LAW
If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state courts in the State of New Jersey for purposes of any legal action arising out of or related to the use of the Site or these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, United States of America, without regard to New Jersey conflict of laws rules. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and B-Causes with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and B-Causes.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Site after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
We welcome your questions or comments regarding these Terms:
2640 Rt. 70, Building 1 A
Manasquan, NJ 08736
By Email: firstname.lastname@example.org
By Phone: (732) 554-1200
Effective as of August 1, 2019.
By using the Site, you consent to the data practices described in this statement. If you do not agree with our privacy practices, do not use the Site.
TERMS AND CONDITIONS
Your use of the Site is subject to the B-Causes Terms & Conditions. Please review our Terms, which govern the access and use of our Site.
INFORMATION WE COLLECT
We will collect information, including Personal Information and Non-Identifiable Information, when you interact with us and the Site, for example when you:
Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. As a general rule, we do not collect personal information about you when you visit and/or use the Site, unless you choose to provide such information to us. Submitting personal information through the Site is voluntary. By doing so, you are giving us your permission to use the information for the stated purpose.
THE NATURE OF PERSONAL INFORMATION WE COLLECT
Personal information we collect which you provide to us may include:
As a general rule, you have the right not to provide the foregoing information when dealing with the Site.
We collect and temporarily store certain information about your usage of the Site. Non-Identifiable Information means information that alone cannot identify you, including data such as as cookies, pixel tags, web beacons and device information. The information includes, without limitation:
If you do not want us to collect this information, you may either change your device’s privacy settings or do not access or use the Site.
INFORMATION COLLECTION TECHNOLOGIES
The technologies we use for automatic information collection may include:
CHANGING YOUR DATA COLLECTION SETTINGS
We strive to provide you with choices regarding the personal information you provide to us. You may need to adjust the settings on your computer and/or device to restrict the collection of information by the Site, but this may prevent you from accessing all of the features of the Site.
THIRD-PARTY AUTOMATIC INFORMATION COLLECTION
When you use the Site or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
These third parties may use tracking technologies to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information about your online activities over time and across different Sites, mobile applications and other online Site Sites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
We use information collected as described in this Privacy Statement for the following:
(2) Usage and Analytics
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
The Personal Information you provide to us whether voluntarily or automatically, may be used and disclosed without limitations, in the following instances:
The use of Personal Information by our Merchants which is obtained through us is governed by their individual privacy policies and is not subject to our control.
HOW WE DISCLOSE YOUR NON-PERSONAL INFORMATION
We may also disclose Non-Identifiable Information:
We take reasonable steps to protect the personal data provided to us from unauthorized access, use or disclosure. The safety and security of your information also depends on you. The information you share in public areas may be viewed by any person using the Site. Unfortunately, the transmission of information via the internet and mobile services is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
If you suspect that there has been a breach of the security of your data you should contact us and include details of the nature of the breach, the date of the breach, and the full circumstances of the breach.
CHILDREN UNDER THIRTEEN
We do not knowingly collect personal information from children under the age of thirteen (13). If you are under the age of thirteen please do not submit any personal data through the Site.
OPT-OUT & UNSUBSCRIBE
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from the Site by contacting us at: email@example.com
CHANGES TO THIS STATEMENT
We will occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how we are protecting your information.
We welcome your questions or comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at:
2640 Rt. 70, Building 1A
Manasquan, NJ 08736
By Email: firstname.lastname@example.org
By Phone: (732) 554-1200
Effective as of August 1, 2019.
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