Hi there. Meet GiveTopia :)

GiveTopia is a completely new and rewarding way to give more to your favorite cause without spending more!

GiveTopia GiveTopia GiveTopia
WATCH THE VIDEO And see how fun it is to get rewarded

What does it mean to give more without spending more?

GiveTopia lets you simply redirect the money you already spend on everyday things by giving you those same things when you make a donation to support your cause. If you’re going to spend the money anyway, why not put it to good use?

GiveTopia
I'M IN. LET'S DO THIS! I can't wait, show me how!

GiveTopia is simple

Check out the icons below to find out how easy it really is to make a difference for the nonprofit of your choice

  1. Browse
    Browse Rewards
    Just go to GiveTopia.com and search for instant rewards available in your area. We have lots of everyday things like coffees, sandwiches, movie tickets… you name it!
  2. Receive
    Receive Instantly
    Your reward will instantly show on any web-enabled mobile device (like your smart phone or tablet). There’s no waiting or printing necessary!
  3. Redeem
    Redeem Your Reward
    Show the cashier your reward from your mobile device. They’ll take it from there. Enjoy!

Thank You for your support and generosity!

To add a YouTube® video, go to the video url, click the “share” button, copy the url link and paste it above.


How to redeem your reward

No printing required

Just click on “My Rewards” from your smart phone or tablet and hand your device to the cashier. They'll take it from there. Enjoy!

EIN:

Website:

General Terms of Use
Last updated as of

Welcome to GiveTopia, the online website and platform that acts as a fundraising exchange, bringing together merchants, donors and charitable organizations (the “Platform”). The Platform is operated by GiveTopia, Inc. (“GiveTopia”, “we”, “us”, or similar terms).

The Platform offers Members the opportunity to make donations directly to charities who have listed themselves on the Platform (a “Charity” or the “Charities”) and to obtain Rewards provided by Merchants in recognition of those donations. Depending on the type of promotion that a Charity decides to conduct on the Platform, Members may also be able to give a nonbinding recommendation to the Charity on how their donation is used. Before you make a donation to a Charity through the Platform, you will be prompted to accept a charitable gift agreement between you and the Charity to which you are donating. GiveTopia will not be a party to these agreements, and GiveTopia is not conducting any charitable solicitation on behalf of any Charity.

These General Terms of Use are a legally binding agreement between you and GiveTopia governing your interactions with and use of the Platform. By using the Platform (or, as applicable, accepting this Agreement during the Member registration process), you acknowledge that you have read, understood and agree to be bound by these General Terms of Use, any other applicable terms, policies, guidelines or amendments thereto that may be presented to you from time to time including, without limitation, the GiveTopia Privacy Policy, and any future modifications thereof (collectively, and together with these General Terms of Use, the “Agreement”), whether or not you become a “Member” (defined below) who makes donations and receives rewards (each, a “Reward”) through the Platform.

If the law or our functionality changes and affects the services we are able to offer you through your Member Account (defined below), we may need to change this Agreement or our program features from time to time. We will provide notice to you of changes to this Agreement, as provided below. You should review the Agreement regularly. If at any time you do not agree with the Agreement, or you do not agree to any modified terms of the Agreement, then you must immediately stop using your Member Account and cease your participation in any program related to GiveTopia or the Platform (a “Program”). Unless you have agreed otherwise in writing with GiveTopia, this Agreement governs your use of the Platform and any other of our services. In the event of a conflict between this Agreement and the terms of an individual Reward, this Agreement shall govern. You and GiveTopia may be referred to throughout this Agreement individually as a “Party” and collectively as the “Parties”.

  1. All persons using the Platform at any time expressly agree not to use any aspect of the Platform for any purpose other than its intended purpose of acting as a fundraising exchange to facilitate Merchants in making available Rewards to Members who make donations to Charities through the Platform (the “Purpose”). If you use the Platform for any other purpose, you violate this Agreement.
  2. Any violation of this Agreement may be punished by, without limitation, refusal of access to the Platform.
  3. General Definitions.
    1. “Merchant” as used herein refers to a business entity that seeks and obtains GiveTopia’s approval to offer vouchers for its goods or services through the Platform. Merchants must meet GiveTopia’s criteria. GiveTopia reserves the right to reject Merchant status for any reason.
    2. “Member” as used herein refers to a person who has registered as a member with GiveTopia through the Platform for a membership account, for the purpose of making donations to participating charities and receiving Rewards in connection with such donations.
    3. Users who have not registered with GiveTopia are not Members and may be denied access to areas within the Platform reserved for Members. The term “User” is used herein to describe any person who uses the Platform, and includes Members and other users who have not registered with GiveTopia.
  4. If you object to anything in this Agreement (including anything in the Privacy Policy or other applicable terms), please immediately terminate your use of the Platform. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO DISCONTINUE ANY ASPECT OF THE PLATFORM AT ANY TIME. THIS AGREEMENT IS TERMINABLE AT ANY TIME BY EITHER PARTY (GIVETOPIA OR YOU) FOR ANY REASON BY WRITTEN NOTICE TO THE OTHER PARTY. ANY LICENSE YOU GRANT GIVETOPIA THROUGH ANY AGREEMENT WITH GIVETOPIA WILL SURVIVE TERMINATION OF THE AGREEMENT WITH GIVETOPIA. WITHOUT LIMITATION, SECTIONS 7 AND 9 THROUGH 31 SHALL SURVIVE TERMINATION OF THE AGREEMENT.
  5. Member Accounts. To become a Member, you must first register with GiveTopia by creating an account and providing certain information about yourself in order to use some of the features that are offered through the Platform. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close and delete your account, revoke your status as a Member, or limit or deny you access to the Platform at any time for any reason; however, no such action by GiveTopia will be deemed, in itself, to terminate this Agreement or any of your obligations hereunder. Your account is for your individual use only. You must provide complete and accurate information about yourself when creating your account. You may not impersonate someone else (e.g., adopt the identity of anyone other than yourself), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You may not use a pseudonym. Please read the Privacy Policy for information concerning how we handle your information.
  6. Communications from GiveTopia and other Users. By creating an account, you agree to receive certain communications in connection with the Platform. You may receive marketing communications from GiveTopia, Charities (if you make donations through the Platform) or Merchants (if you redeem Rewards), and you will have the option to opt out of such communications.
  7. GiveTopia Materials and Member Content.
    1. Proprietary Rights. GiveTopia, and its licensors, own and retain all proprietary rights in the Platform. The Platform contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements (the “GiveTopia Materials”) that are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any GiveTopia Materials. GiveTopia Materials do not include Member Content (as defined below) or other content submitted by Members. GiveTopia retains all rights not expressly granted in this Agreement. You will not acquire any right, title or interest to the Platform or GiveTopia Materials, except for the limited rights set forth in this Agreement.
    2. “Member Content” refers to any content or material of any kind uploaded or otherwise submitted by a Member to or through the Platform, or provided by a Member in connection with a Reward offered through the Platform. As the Member, you are responsible for the submitted Member Content, including the accuracy thereof. Member Content does not necessarily reflect the opinion of GiveTopia. By submitting Member Content, you grant to GiveTopia a perpetual, non-exclusive, royalty-free, worldwide license to use all your submitted Member Content in any manner for the Purpose of the Platform. This license granted by you shall survive any termination or expiration of this Agreement. GiveTopia reserves the right to moderate, remove, screen, edit, or reinstate Member Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Member Content, nor do we guarantee any confidentiality with respect to Member Content.
    3. The following is a partial list of the kind of Member Content that is illegal and/or prohibited on the Platform. GiveTopia reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators. Illegal or prohibited content includes, but is not limited to, Member Content that:
      1. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
      4. promotes information known to be false, misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented, racially offensive, defamatory or libelous;
      5. promotes or contains an illegal or unauthorized copy of another person’s copyrighted or trademarked work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing images, audio or video, or links to images, audio or video files, that the submitting User does not have valid authority to submit;
      6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      7. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
      8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
      10. engages in commercial activities, sales, or charitable solicitations without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
      11. States or implies in any way that GiveTopia is conducting a charitable solicitation over the Platform.
      12. You agree that GiveTopia may, in its sole discretion, prohibit any Member Content or determine whether any Member Content is illegal, without notice to you.
    4. Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation Member Content, made available through the Platform, but not directly by GiveTopia, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GiveTopia does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. Under no circumstances will GiveTopia or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Platform user.
  8. Adequate Equipment and Bandwidth. Use of the Platform requires you to have a computer or mobile device and Internet access. We cannot guarantee that the Platform will function at any given time using any particular hardware or connection.
  9. Relationship between the Platform and Users.
    1. Relationship with Merchants. GiveTopia acts on behalf of Merchants in distributing Vouchers evidencing Rewards to Members who make charitable donations directly to Charities. The Merchants referenced in this agreement and throughout the Platform are independent businesses offering Rewards to Members and are not employees of GiveTopia. GiveTopia does not supervise Merchants or provide direction to Merchants concerning how to offer Rewards through the Platform, Merchants are not the agents of GiveTopia, and GiveTopia is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of Merchants or from any personal injuries, death, property damage, or other damages or expenses resulting therefrom, including, without limitation a failure or refusal by a Merchant to honor a Reward or a voucher evidencing a Reward. Merchants set the terms of their Rewards, including, without limitation, donation amounts, availability, and value offered through the Platform. Merchants do not choose the Charities that receive donations in recognition of which Merchants offer Rewards. GiveTopia may but is not obligated to audit Rewards for Platform acceptability purposes. GiveTopia has no ownership interest in any Reward or any right to claim any Reward.
    2. Obtaining a Reward. Members may choose from the list of available Rewards on the Platform that Merchants have posted as available in recognition for a Member donation to a Charity.
    3. Payment. Donations will be processed and Members will be charged by a third-party payment agent, linked from the Platform but otherwise engaged by the Charity to which they are donating, for the amount of their donation at the time of the donation. The third-party payment agent will disburse payments directly to the Charity in accordance with applicable law. GiveTopia does not process or at any time handle or have custody of your donations.
      For information concerning how a Member’s payment information is handled, please see the Privacy Policy as well as the terms of use or other agreement posted on the third-party payment agent website.
    4. Redemption/Refund Policy. General: GiveTopia makes no representations, warranties, or covenants regarding Rewards or the vouchers evidencing Rewards, the products or services for which Rewards may be redeemed, or the redeemability of any Reward or voucher.
      Partial Redemptions. Rewards are issued in the form of electronic vouchers to which the Member will have access through the Platform (“Vouchers”). If you redeem a Voucher for less than the total value of the Voucher, you will not be entitled to receive any credit or cash for the difference between the total value and the amount you redeemed, unless otherwise required by law.
      Redemption Value. If not redeemed by the expiration date, Vouchers will have no further redemption value, unless otherwise required by law. The expiration date on the Voucher is the last date that you can use the Voucher at the Merchant for the promotional offer stated on the Voucher; however, if required by applicable law, the Merchant is responsible for honoring the donation amount for a period of time beyond the expiration date stated on the Voucher. If the Merchant refuses to redeem the donation amount of your expired Voucher, and if applicable law entitles you to such redemption, please contact us and we will issue you a replacement Voucher.
      Please email support@givetopia.org for all questions regarding redemptions and refunds.
    5. Voucher Use. Vouchers can only be used for making purchases at the named Merchant. You must have a computer or mobile device capable of accessing the Internet and the Platform at the time you redeem the Voucher at the Merchant’s physical location. Upon redemption of the Voucher, the Merchant will indicate through the Platform that the Voucher has been redeemed, and that Voucher will no longer be available. Vouchers cannot be redeemed for cash or applied as payment to any account unless otherwise provided herein or required by law. Neither GiveTopia, any Charity nor the named Merchant will be responsible for lost, damaged or otherwise compromised Vouchers. Vouchers may only be used on one occasion unless otherwise provided by law.
  10. Your Interactions with Other Users.
    1. You are solely responsible for your interactions with other Platform users, including without limitation Merchants, Members, Charities, prospective Merchants, prospective Members, and prospective Charities. GiveTopia makes no representations or warranties as to the conduct of Platform users and shall not be in any way liable for any conduct of any Platform user. You agree to take reasonable precautions in all interactions with other users of the Platform, particularly if you decide to meet any Platform user offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to any other Platform user.
    2. Release. You hereby release GiveTopia and its directors, officers, employees and agents from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other users of the Platform. FURTHER, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  11. GIVETOPIA HAS NO DUTY TO MONITOR COMMUNICATIONS AND/OR INTERACTIONS TAKING PLACE ON OR THROUGH THE PLATFORM. SEXUALLY EXPLICIT MATERIAL IS NOT ALLOWED TO BE USED IN CONNECTION WITH OR TRANSMITTED THROUGH THE PLATFORM. The Platform is intended for use by users over the age of 18. GiveTopia may in some circumstances allow users under the age of 18 to use the Platform. Such situations will be handled on a case-by-case basis. Such users under the age of 18 should contact GiveTopia with the consent of their parent or legal guardian. Under no circumstances is the Platform intended for unchaperoned use by users under the age of 13, and in any event you must be at least 18 to make a donation to a Charity through the Platform. PARENTS AND LEGAL GUARDIANS SHOULD BE AWARE THAT ALTHOUGH GIVETOPIA TAKES PRECAUTIONS TO PREVENT USERS UNDER 18 FROM INTERACTING WITH OR ON THE PLATFORM WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN, IT IS ULTIMATELY UP TO PARENTS AND LEGAL GUARDIANS TO SUPERVISE THE ONLINE ACTIVITIES OF THEIR CHILDREN; PARENTAL CONTROL MECHANISMS ARE WIDELY AVAILABLE TO PARENTS AND LEGAL GUARDIANS INTERESTED IN CONTROLLING THEIR CHILDREN’S ACCESS TO MATERIALS ONLINE. GIVETOPIA CANNOT BE HELD RESPONSIBLE FOR THE ACTIVITIES OF PLATFORM USERS. If your use of the Platform exposes any user under the age of 18 to sexually explicit material and GiveTopia becomes aware of such conduct, we will report your conduct to the appropriate authorities as we are required to do by law. Additionally, other types of conduct in violation of this Agreement may be reported to the appropriate authorities as we deem appropriate on a case-by-case basis.
  12. Your use of the Platform. You may use the Platform for lawful purposes only in accordance with the Purpose of the Platform. You may not aid others in doing anything that you are not permitted to do under this Agreement. You may not (1) submit or transmit through the Platform any content or material or (2) engage in any conduct, that GiveTopia in its sole discretion deems:
    1. a. violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
    2. is unlawful or is otherwise objectionable in our sole discretion, including without limitation any examples of illegal or prohibited content listed under Section 7(c) above, or materials or conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, invasive of another’s privacy, pornographic or sexually explicit, or tortiously interferes with another;
    3. forges email headers or otherwise disguises the origin of any communication;
    4. sends unsolicited bulk messages within Platform’s messaging service;
    5. uses automated “bots” to access or compile information posted in connection with the Platform;
    6. victimizes or harasses, degrades, or intimidates any individual or group of individuals;
    7. impersonates any person, business, or entity;
    8. expresses or implies that any statements you make and/or conduct undertaken by you are endorsed by GiveTopia without our specific prior written consent;
    9. “frames” or “mirrors” any part of the Platform, without GiveTopia’s prior written authorization. You shall not use meta tags or code or other devices containing any reference to GiveTopia or the Platform in order to direct any person to any other web site for any purpose;
    10. modifies, adapts, sublicenses, translates, sells, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Platform or any software used on or for the Platform, or cause others to do so;
    11. encourages conduct that constitutes a criminal act or that gives rise to civil liability;
    12. promotes any business other than the Platform or a Merchant’s or Charity’s services as offered through the Platform in accordance with the Purpose of the site; or
    13. violates the Agreement or otherwise interferes with the rights of others.
  13. You further agree that you will not post or transmit any image of another person without that person’s consent. You may not use the Platform in any manner that could damage, disable, overburden, or impair GiveTopia’s servers, or interfere with any other party’s use and enjoyment of the Platform. You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process.
  14. Members may not use the Platform in an unduly personal manner unrelated to the Purpose of the Platform (e.g., stalking, harassing, etc.). Users who do not abide by this paragraph may have their Rewards cancelled without a refund and/or have their access to the Platform limited or denied.
  15. At our sole discretion, we may take any legal and technical remedies to prevent the violation of this Agreement and to otherwise enforce the Agreement.
  16. Modification of Terms. As stated above, GiveTopia reserves the right, in our sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will be posted on the Platform website and/or emailed to you via the email address you have provided GiveTopia, so it is important that you maintain a current email address with GiveTopia. (Your submissions of personal information, including your email address, are governed by our Privacy Policy.) Please also check the Agreement periodically for changes. Your continued use of the Platform after the posting of changes constitutes your binding acceptance of such changes.
  17. You will not use the Platform to create business of any kind for yourself that takes place outside of the Platform.
  18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY / OTHER DISCLAIMERS. THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIVETOPIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIVETOPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIVETOPIA DOES NOT WARRANT THAT THIS PLATFORM AND ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIVETOPIA DOES NOT WARRANT THAT THE PLATFORM AND GOODS AND SERVICES OFFERED THROUGH THE PLATFORM WILL NOT USE DATA THAT CAUSES YOU TO EXCEED ANY APPLICABLE RESTRICTIONS ON DATA USE IMPOSED BY YOUR INTERNET PROVIDER, MOBILE OR OTHERWISE.

    EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL GIVETOPIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND PUNITIVE DAMAGES, CONCERNING ANY ACT OR OMISSION INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR LOST USE OF THE PLATFORM, EVEN IF GIVETOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, GIVETOPIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    IN NO EVENT SHALL GIVETOPIA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT PAID BY YOU TO GIVETOPIA FOR USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

    FURTHER, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    Results Not Guaranteed. GIVETOPIA DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE PLATFORM. GIVETOPIA DOES NOT ENDORSE ANY MERCHANT OR CHARITY THROUGH THE PLATFORM. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY MERCHANTS, CHARITIES OR OTHER USERS OF THE PLATFORM ARE SOLELY ATTRIBUTABLE TO THE MERCHANT, CHARITY OR USER. GIVETOPIA IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY MERCHANTS, CHARITIES OR OTHER USERS.

    Operation and Content. GIVETOPIA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE PLATFORM, WHETHER CAUSED BY USERS OF THE PLATFORM OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PLATFORM. GIVETOPIA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. GIVETOPIA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER’S OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE PLATFORM.

    User Conduct. GIVETOPIA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. UNDER NO CIRCUMSTANCES WILL GIVETOPIA OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, OR DEATH, RESULTING FROM ANYONE'S USE OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. GIVETOPIA IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OR ANY INTERACTION BETWEEN A USER OF THE PLATFORM AND ANY THIRD PARTY. GIVETOPIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM.
  19. The Platform may contain links to other websites, which may be activated automatically by a User’s actions on the Platform (for example, when a Member makes a donation) or deliberately by a User. Interactions that occur between you and the third-party sites are strictly between you and such sites, and are not the responsibility of GiveTopia. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their sites. GiveTopia does not assume any liability or responsibility for the actions or omissions, product, availability, or content of these outside resources. We encourage you to read those third-party sites’ applicable terms of use and privacy policies.
  20. Choice of Law; Choice of Forum; Arbitration. This Agreement is governed by the internal laws of the State of Nevada, without giving effect to any choice of law rules therein. Any and all disputes concerning your use of the Platform or this Agreement are subject to binding arbitration by a three-person panel in Nevada under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and GiveTopia relating to or arising out of your use of the Platform or this Agreement. The arbitrators’ award may be entered as a judgment in any court of competent jurisdiction.
  21. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GiveTopia without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
  22. Warranty. You expressly warrant that you are of majority age and have the capacity to enter into this Agreement, that any and all information (including without limitation Member Content) provided by you through the Platform is accurate and does not infringe on the intellectual property rights of any other party, that your conduct and use of the Platform will conform with the terms of this Agreement, and that your use of the Platform will not infringe on the intellectual property rights or any other rights of any other party.
  23. Indemnification. You agree to indemnify and hold GiveTopia and any and all of GiveTopia’s parent, subsidiaries, directors, affiliates, officers, agents, licensors, partners, and employees harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of or interaction with the Platform, including without limitation: (i) your violation or breach of this Agreement, (ii) your Member Content, (iii) any intellectual property infringement or other infringement of the rights of third parties caused by your interaction with the Platform, or (iv) any breach of your representations and warranties set forth above. GiveTopia reserves the right (but has no obligation) to, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GiveTopia. GiveTopia will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  24. Entire Agreement. This Agreement, including these General Terms of Use, any other applicable terms, including, without limitation, the GiveTopia Privacy Policy, and any future modifications thereof, are the entire agreement between you and GiveTopia relating to the subject matter herein and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by GiveTopia as set forth in this Agreement.
  25. Severability. If any provision of this Agreement is deemed by a judge, arbitrator or tribunal body to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  26. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
  27. Claims. YOU AND GIVETOPIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  28. Copyright Policy.
    1. DMCA Notice. It is GiveTopia’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us in our sole discretion to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Platform infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing GiveTopia’s Copyright Agent, designated below, with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works at that site.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GiveTopia to locate the material.
      4. Information reasonably sufficient to permit GiveTopia to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      7. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please also note that GiveTopia may, at our sole discretion, send a copy of such notices to a third-party for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
    2. Counter Notice. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
      1. Your physical or electronic signature.
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
      3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which GiveTopia may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
      5. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
    3. Designated Copyright Agent. GiveTopia’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
      1. Attn: Copyright Agent
        PO Box 95665
        Las Vegas, NV 89193
      2. OR by email at: copyright@givetopia.org
      3. For clarity, only DMCA notices should go to GiveTopia’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to GiveTopia customer service through support@givetopia.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
    4. Repeat Infringer. Please note that GiveTopia will promptly terminate without notice any user’s access to the Platform if that user is determined by GiveTopia to be a “repeat infringer.” A “repeat infringer” is a Platform user who has been notified by GiveTopia of infringing activity violations more than twice and/or who has had their Member Content or any other user- submitted content removed from the Platform more than twice. In addition, GiveTopia accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
  29. Blocking of IP Addresses / Users. In order to protect the integrity of the Platform, GiveTopia reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Platform. Additionally, GiveTopia reserves the right to take appropriate measures to deny Platform access to any user who attempts to create a second Platform registration after being denied Platform access by GiveTopia.
  30. International Interactions. All amounts on the Platform are denominated in U.S. dollars, and exchange rates, which apply to international transactions and may change at any time, are applied by a Charity’s third-party payment processors.
  31. Contacting Us. If you have questions or comments about the terms of this Agreement, please contact:
    GiveTopia, Inc.
    PO Box 95665
    Las Vegas, NV 89193
    702.749.7499

Please review these terms regularly. This Agreement is dated as of the earlier of the date when (i) you first use the Platform and (ii) you click “Accept” to this Agreement during the Member registration process.

Gift Agreement

This Gift Agreement (this “Agreement’) is made by and between you and the charity you have selected (the “Charity”) on the GiveTopia, Inc. (“GiveTopia”) website (the “Platform”) as of the date you accept this Agreement through the Platform. You and the Charity hereby agree as follows:

  1. Gift. With this Agreement, you hereby agree to transfer, and the Charity hereby accepts, ownership of funds in the total amount indicated by you (the “Gift”) on the Platform to the Charity. The Gift constitutes an irrevocable gift from you to the Charity, is not refundable to you, and is subject to the terms and conditions set forth in this Agreement.
  2. Purpose. Pursuant to your wishes, the Charity hereby agrees that the Gift shall be held and used by the Charity in furtherance of any purpose of the Charity as the directors of the Charity may decide, so long as such use is consistent with the purposes described in Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as amended (the “Code”). If the Charity has suggested specific campaigns to which the Gift can be applied, any instructions you give regarding use of the Gift for such campaigns shall be considered by the Charity, but shall not be binding.
  3. Fees and Expenses. Without limiting any other provision of this Agreement, you agree that the Charity shall have the right to pay its fees from the Gift. As of the date of this Agreement, the Charity anticipates that approximately 20 percent of each donation will be paid as fees to the Charity’s service providers hired in connection with the Charity’s fundraising. The Charity shall have the right to change the foregoing percentage at any time and without notice to you, however.
  4. Your Representations and Warranties. You represent and warrant that you are not relying on any advice from the Charity, its Board of Directors, its legal counsel, its accountants, or any other agent or contractor in connection with this transaction. If you are an individual, you hereby represent to the Charity that you are 18 years of age or older. If you are an entity, you hereby represent to the Charity that you are duly formed, validly existing and in good standing in your jurisdiction of formation and in all other jurisdictions where your acceptance of this Agreement and the performance of your obligations hereunder may require you to be qualified to do business. If you are an entity, you further represent that the person accepting this Agreement and making the Gift on your behalf has been duly authorized in all respects to do so.
  5. Platform Rewards. Certain merchants post rewards on the Platform, and the merchants or the Platform may distribute electronic “vouchers” for these rewards that are redeemable for goods and services provided by such merchants in recognition of the Gift. The Charity makes no representations, warranties, or covenants regarding such rewards or the vouchers evidencing the rewards (including without limitation their redeemability with merchants), and is not responsible for distributing any such rewards or vouchers to you.
  6. No Liability. You agree that the Charity is not liable for any use by you of the Platform or for any products or services (including, without limitation, merchant rewards or vouchers) offered on the Platform. All releases made by you in the General Terms of Use in favor of GiveTopia are hereby incorporated into this Agreement by reference and re-made by you in favor of the Charity (with all necessary changes being made to give such releases legal effect).
  7. Assignment. The Charity shall have the right, without first obtaining the consent of or notifying you, to assign this Agreement and the Gift (in whole or in part) to another organization exempt from taxation under Code Section 501(c)(3) and classified as a public charity pursuant to Code Section 509(a)(1) (an “Assignee Charity”); provided, however, that no such assignment shall be deemed to remove or alter any charitable trust impressed upon the Gift by law.
  8. Indemnification. You agree to indemnify and hold the Charity and any and all of the Charity’s directors, affiliates, officers, agents, licensors, partners, and employees harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the Gift or your use of or interaction with the Platform, including without limitation: (i) your violation or breach of this Agreement, (ii) any user content you post on the Platform, (iii) any intellectual property infringement or other infringement of the rights of third parties caused by your interaction with the Platform, or (iv) any breach of your representations and warranties set forth above. The Charity reserves the right (but has no obligation) to, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Charity. The Charity will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  9. Confidentiality. The Charity shall at all times keep your personal information confidential; provided, however, that (i) the Charity may provide such information to its independent contractors from time to time to facilitate the Charity’s work; (ii) the Charity may disclose such information as required by law; and (iii) the Charity may transfer such information to its successor or any Assignee Charity.
  10. Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Nevada applicable to contracts to be performed entirely within such State. The failure of the Charity to exercise any of its rights under this Agreement shall not be deemed a waiver of such rights.
  11. Jurisdiction and Venue. For the purpose of any action or proceeding arising out of or relating to this Agreement, each of the parties hereto irrevocably (a) submits to the exclusive jurisdiction of the state and federal courts located in the State of Nevada and (b) agrees that all claims in respect of such action or proceeding shall be heard and determined exclusively in any state or federal court sitting in Las Vegas, Nevada. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT. In the event of any controversy, claim, or dispute between the parties arising out of or related to this Agreement, or the alleged breach thereof, the prevailing party shall, in addition to any other relief, be entitled to recover its reasonable attorneys’ fees and costs of sustaining its position.
  12. Entire Agreement. This Agreement constitutes the only agreement, and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
  13. Amendment. This Agreement may not be amended, except in a writing signed by the parties (or their legal successors), except as expressly provided herein.
  14. Severability. Each provision of this Agreement shall be separately enforceable, and the invalidity of one provision shall not affect the validity or enforceability of any other provision.

This Agreement is dated as of the date you click “Accept.”

GiveTopia Sweepstakes
Last updated as of

These Official Rules apply for the GiveTopia Sweepstakes (the "Sweepstakes") conducted by GiveTopia, Inc., P.O. Box 95665 , Las Vegas, Nevada 89193 ("Sponsor") which will be promoted on Sponsor’s website (www.GiveTopia.com) in the United States and the District of Columbia (except as limited below). The Sweepstakes will start at 9:00 AM Pacific Time ("PT") on July 21, 2013 and will end at 11:59:59 PM PT on June 30, 2014 (the "Promotion Period"). Each 24-hour period during the Promotion Period from 9:00 AM PT to 8:59:59 AM PT the following day (and on the final day of the Promotion Period, from 9:00 AM PT to 11:59:59 PM PT) shall be a "Daily Entry Period." By entering the Sweepstakes, you agree to the terms and conditions set forth in these Official Rules.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

The odds of winning the Grand Prize depend upon the number of eligible entries received during the Promotion Period.

  1. ELIGIBILITY. SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ONE OF THE STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCEPT THAT RESIDENTS OF FLORIDA, NEW YORK AND RHODE ISLAND ARE NOT ELIGIBLE), WHO ARE AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW. THE SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS AND WILL BE VOID TO THE EXTENT PROHIBITED BY ANY APPLICABLE LAW, RULE OR REGULATION. This Sweepstakes is governed exclusively by the laws of the United States. Associates, employees, officers, directors and retirees of Sponsor and its affiliates, partners, advertising and promotions agencies, manufacturers or distributors of Sweepstakes materials, and their immediate family members (parents, children, siblings or spouse) or household members (whether related or not) are not eligible.
  2. HOW TO ENTER: An entry into the Sweepstakes is called a "Key". You can receive Keys in a number of different ways. Visit GiveTopia.com and click on the Giveaways button for the full instructions listed below. Entry is limited to one Key per person during the Promotion Period, except as set forth below. If you are not yet a GiveTopia Member, you can earn one Key by registering as a GiveTopia Member, which requires that you submit certain information, including your name and e-mail address. Once you are a GiveTopia Member, you can earn up to one additional Key per Daily Entry Period by logging in to your Member account on the GiveTopia website. You can earn up to one additional Key per Daily Entry Period by creating a "Story" on the GiveTopia website, and up to one additional Key per Daily Entry Period by sharing the Story through Facebook, Twitter or email, for a maximum of two additional Keys per that particular Daily Drawing Period during which you created and shared the Story. You can earn up to one additional Key by sharing a Reward that you have received from the GiveTopia website through Facebook, Twitter or email, for a maximum of one additional Key per Reward shared during the Promotion Period. If you share a Story or Reward via Facebook, Twitter or email, and one or more of your friends joins GiveTopia by clicking through your shared link, you will earn one additional Key for each of your friends that joins through your shared link. All entries become the property of the Sponsor and will not be acknowledged or returned.

    This promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Twitter or Ford Motor Company.

    Limitations. If, in the opinion and sole and absolute discretion of Sponsor, any entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with these Official Rules, Sponsor may disqualify the entry. The Sweepstakes may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible entries are received.
  3. SELECTION AND NOTIFICATION OF WINNER: The winner of the Grand Prize drawing (the "Grand Prize Winner") will be selected on or about two days after the Promotion Period by random drawing from all Keys earned during the Promotion Period. Entrants need not be present at the drawing to win. The selection of the winner is final and binding in all respects. The potential winner will be notified via the email address provided within two days after the drawing date. If Sponsor is unable to reach the potential winner by such email address within five days of prize notification, or the potential winner does not meet the eligibility requirements and/or is ineligible for any other reason (including noncompliance with these Official Rules), he/she may be disqualified, his/her prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. All winners must execute affidavits of eligibility and liability/publicity releases within seven days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, such documents must be signed by his/her parent or legal guardian and the prize will be awarded in the name of and delivered to minor’s parent/legal guardian.
  4. PRIZE/APPROXIMATE RETAIL VALUE ("ARV"): The number of winners, prize descriptions and approximate retail value (ARV) for each prize is outlined below.
    Date Brand Prize Description # of Prizes Prize Value
    6/30/2014 Ford 2014 Ford Fiesta S Sedan; see details below 1 $14,000*

    Approximate retail value as of the beginning of the Promotion Period.

    The Grand Prize will consist of one model year 2014 Ford Fiesta S Sedan automobile. All other expenses and taxes associated with the Grand Prize will be the responsibility of the winner.

    For all prizes, no cash redemptions or prize substitutions or transfers will be permitted. In the event of unavailability of any prize or portion thereof, Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value. All federal, state and local taxes and title, registration and licensing fees will be the sole responsibility of the winner. Where applicable, U.S. federal regulations require the issuance of a 1099 Form to the winner of any prize with a value in excess of $600. Delivery of prize requires a street address (no P.O. Boxes). Total ARV of all prizes combined: $14,000.00.

  5. GENERAL: By entering this Sweepstakes and/or accepting a prize, each entrant and winner: (1) agrees to be bound by these Official Rules; (2) agrees to release, indemnify, and hold harmless Sponsor and its affiliates, partners, advertising and promotions agencies, manufacturers or distributors of Sweepstakes materials and each of their respective officers, directors, employees and agents from any and all liability for any claim, loss, harm, damages, regulatory action, costs or expenses (including without limitation property damages, personal injury and/or death) arising out of participating in, preparing or traveling for or in connection with this Sweepstakes or any Sweepstakes-related activity, the acceptance, possession, use or misuse of any prize, or claims based on publicity rights, defamation or invasion of privacy, copyright infringement, trademark infringement or infringement of any other intellectual property right, breach of contract or merchandise delivery; (3) consents to the use by Sponsor of his/her name, voice, photographs, likeness, biographical information, testimonial, statements and/or prize information for advertising, marketing, promotional and/or any other commercial purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission or compensation unless prohibited by law; and (4) agrees to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Sweepstakes as reasonably designated by Sponsor. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control.
  6. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. In the event of modification, cancellation, termination or suspension, Sponsor reserves the right to award the prize from among all eligible, non-suspect entries received prior to the event requiring such modification, cancellation, termination or suspension. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials from the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any entry based on an e-mail address, the entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
  7. USE OF INFORMATION: The information you provide will only be used as described in these Official Rules and in accordance with Sponsor’s privacy policy. By participating in the Sweepstakes, each entrant hereby agrees to Sponsor’s collection and usage of his/her personal information and acknowledges that he/she has read and accepted Sponsor’s privacy policy. The information that you provide in connection with the Sweepstakes may be used in connection with the Sweepstakes, for Sponsor’s internal purposes and to send you information about Sponsor’s products and special promotions but will not be provided to third parties, except as stated in the privacy policy, as necessary for the administration of the Sweepstakes or as required by law or legal process. By entering, each Entrant acknowledges that Sponsor has the right at all times to disclose information (including the identity of the persons providing information or materials on Sponsor’s website) as necessary to satisfy any law, regulation or valid governmental request. For additional information about Sponsor’s Privacy Policy, click here.
  8. DISPUTES: All decisions of Sponsor shall be final and binding. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Nevada, City of Las Vegas.

    THESE OFFICIAL RULES AND THE INTERPRETATION OF THEIR TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Clark in the State of Nevada. The parties agree not to raise the defense of forum non conveniens.
  9. LIST OF WINNERS: To receive a list of the winners (available after July 5, 2014) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope by July 14, 2014 to: attn: Sweepstakes List of Winners, GiveTopia, Inc., P.O. Box 95665 Las Vegas, Nevada 89193.

Privacy Policy
Last updated as of

Welcome to GiveTopia, the online website and platform that acts as a fundraising exchange, bringing together merchants, donors and charitable organizations (the “Platform”). The Platform is operated by GiveTopia, Inc. (“GiveTopia”, “we”, “us”, or similar terms). In this Privacy Policy, “you” refers to anyone who accesses or uses the Platform.

Please read this privacy policy carefully. We are committed to protecting your privacy and respect your privacy concerns. Ensuring your understanding of how we collect, use and maintain your information is important to us. In short, this privacy policy is intended to explain our privacy practices and inform you about:

  • The types of information we collect from you and how that information is collected and used;
  • The circumstances under which we disclose information to others;
  • The choices you have regarding our use of, and your ability to modify, such information; and
  • The mechanisms we have implemented that are designed to protect your personally identifiable information.

More specific terms governing the interactions between us and Members are available here.

Information We Collect

We collect information about you when you visit and use the Platform, and particularly when you enter or input information, whether during the course of entering, initiating, fulfilling and transmitting information or otherwise in connection with your general activities and use of the Platform. You can visit the Platform and learn about GiveTopia, our related offerings and services, and find out how to contact us without giving us any personally identifiable information.

We collect personally identifiable information from you in a variety of contexts. For example, you may be required to provide such information to us if you: (1) register to become a Member or Merchant; (2) register to participate in message boards, chat rooms (if any) and other community features; or (3) make a donation or offer a reward. Such information may include your name, email address, mailing address and zip code, phone number, donation and reward redemption history and, where appropriate, a valid credit card number with expiration date. Of course, you never have to answer any of the questions we ask you (nor choose to view or listen to any multimedia content or otherwise interact with our Platform), but refusal to do so may limit your ability to use the Platform.

We automatically track certain information based upon your use of the Platform and your use of our services. We use this information on an aggregated basis for various reasons, such as internal research on our users’ demographics, interests, and preferences, and to improve the Platform and user experience. This information may include the URL that you just came from (whether this URL is on the Platform or not), which URL you next go to (whether this URL is on the Platform or not), your computer/mobile browser information, your IP address, the type of mobile device you use, your mobile device’s unique ID and information about the way you use the Platform.

We use data collection devices such as “cookies” (small text files that are placed on your computer’s hard drive for record-keeping purposes) to assist us in providing our services. Cookies make using the Platform easier by, among other things, saving your passwords and preferences for you, helping identify you whenever you return to our Platform, and reducing the number of times you are required to enter your password during a session. Cookies can also help us provide information that is targeted toward your interests and preferences. Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser’s “Help” area for instructions on how to do that). If you choose to disable your cookies setting or refuse to accept a cookie, you may not be able to use certain features on the Platform and you may be required to reenter your password more frequently during a session.

We may occasionally use a third-party service provider to serve ads on our behalf across the Internet. They may collect anonymous information about your visits and your interaction with our Platform, including HTML-formatted email messages. They may also use information about your visits to the Platform and other Web sites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag or other similar means, which are industry standard technology used by most major Web sites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, credit card information, or any personally identifying information about you.

If you choose to post messages or other information to our message boards, chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems, and as otherwise permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information into a file specific to you.

Our Use of Your Information

We use your information to facilitate your use of the Platform, and to improve our service offerings. When you make a donation or offer a reward through the Platform, we will use your personally identifiable information to process and fulfill your donation or reward offering and for customer service purposes. Many Internet users are particularly concerned about their credit card information, which is handled by the payment agent that we use for the Platform (currently PayPal), and which we do not receive or have access to. You should read the payment agent’s policies to learn how it might use your information.

We may also use the information we collect about you to analyze Platform usage, improve our content and product offerings, customize the Platform’s content, layout, and services, update you about our offerings, or to contact you about offers that we believe may be of interest to you. You always have the option to receive fewer or no communications in the future from us by opting out. You may opt out by following the instructions included in the specific communication you no longer wish to receive or by contacting us and explaining how you would like to modify your preferences.

Our Disclosure of Your Information

We may make your information available to others, including:

  • Charities to whom you choose to make a donation via the Platform, so that they can keep you up to date on their missions. Any such communications will allow you to “opt out” of future communications. If you do not so opt out, these third parties’ use of such information is subject to their own privacy policies, except they may only use such information for their own purposes, and may not share, sell or rent the information we provide to any third parties.
  • Merchants with whom you redeem rewards that you have requested via the Platform, so that they can promote their products and services based on your preferences and interests. Any such communications will allow you to “opt out” of future communications. If you do not so opt out, these third parties’ use of such information is subject to their own privacy policies, except they may only use such information for their own purposes, and may not share, sell or rent the information we provide to any third parties. Except as described above regarding charities and merchants, we do not share, sell or rent your information to any other third parties.
  • When we have retained third parties to work with or on behalf of GiveTopia to facilitate our operations and the services we provide to you (such third parties are contractually obligated to maintain the confidentiality of your information and are restricted from using the same in any way not expressly authorized by us);
  • When you use co-branded services – in which case you are giving us permission to pass any information you provide in the context of our co-branding and marketing relationship back to our co-branding partner. Their use of your information is subject to their own privacy policies;
  • When we are legally compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
  • If we believe such disclosure is necessary to comply with any applicable laws or regulations, to enforce or apply the terms of use of the Platform, or to protect or defend the rights, property or safety of GiveTopia, its partners, advertisers, merchants, users, or any other party;
  • Who are users of the Platform solely to the extent you choose to make such information publicly available by posting it to your profile, in connection with a donation or via our message boards or other Platform services; and
  • In the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.

Reviewing and Changing Your Personally Identifiable Information

You can access, review, update and correct personally identifiable information you have provided us by clicking on the ‘My Profile’ page of the Platform. If you prefer, you can also contact us and explain how you would like to modify your preferences. You must promptly update the information contained in the ‘My Profile’ section of the Platform if it changes or is inaccurate. Once posted, you may not be able to change or remove any public postings made by you on the Platform, including our chat rooms or other message areas.

Safeguarding Your Personally Identifiable Information

GiveTopia cares about the security of your personally identifiable information. We follow generally accepted industry security standards designed to safeguard and help prevent unauthorized access to and disclosure and use of such information. When you provide credit card information, we and our payment agent use secure socket layer (SSL) encryption for that data. While no exchange of data that utilizes the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your personally identifiable information.

For Parents Concerning the Privacy of Information on Their Children

We are a general audience site that does not knowingly collect data or accept registrations from children under 13 years of age. Currently, we do not collect any age-specific data on our site. Furthermore, our site is primarily targeted to adults as evidenced by our requirement that all donations require the user to provide a valid credit card number. If, in the future, we decide to collect any age-specific data on our site, we will, at a minimum, take reasonable steps to ensure that any users who may be under 13 years of age (and who attempt to complete the registration process on our site) are directed to another site within the GiveTopia family which specifically complies with the requirements of the Children’s Online Privacy Protection Act, or COPPA.

Stories Program, Message Boards, Other Communications

We are happy to offer our users value-added features, such as the Stories Program, and other messaging services that enhance the overall GiveTopia community experience. However, you are solely responsible for the content you post there. You should be aware that when you voluntarily disclose personally identifiable information (for example, your name, street address, email address, or telephone number) to your profile or on any message boards, chat rooms or instant messaging services, that information can be read, collected and used by other users of these services and may result in unsolicited messages, both commercial and otherwise. You agree that you will not use such features for any purpose that is unlawful or prohibited by the applicable Terms of Use or any other GiveTopia terms and conditions, policies or guidelines that may be in effect from time to time. We reserve the right to terminate your access to the Platform or to take other protective steps if you violate those terms.

Links to Other Sites

Our Site may contain links to web sites and services owned or maintained by third parties. We are not responsible for and have no control over the privacy and data collection policies and practices implemented by such third parties, some of which may be substantially different from our corresponding policies and practices. We encourage you to carefully review their respective privacy policies and ask questions directly of them in this regard.

How to Contact Us

If you have any questions or complaints about our Privacy Policy, you can contact us. When we receive such inquiries about our Privacy Policy, we will use your personally identifiable information to the extent necessary to respond to your question or comment. However, if your question raises one or more issues that affect our promotional partners, we may also share your question with them in order to provide a response.

Changes in This Privacy Policy

We reserve the right to modify, alter or otherwise update this Privacy Policy at any time, so we encourage you to review this Privacy Policy from time to time. When we make changes, we will notify you in this space. We may also attempt to notify you of any such changes to our privacy practices via email or by placing a notice on our home page.

Acceptance of This Privacy Policy

By using the Platform, you consent to the collection, use and disclosure of your information by GiveTopia in accordance with this Privacy Policy.

GiveTopia Sweepstakes
Last updated as of

These Official Rules apply for the GiveTopia Sweepstakes (the "Sweepstakes") conducted by GiveTopia, Inc., P.O. Box 95665 , Las Vegas, Nevada 89193 ("Sponsor") which will be promoted on Sponsor’s website (www.GiveTopia.com) in the United States and the District of Columbia (except as limited below). The Sweepstakes will start at 9:00 AM Pacific Time ("PT") on July 21, 2013 and will end at 11:59:59 PM PT on June 30, 2014 (the "Promotion Period"). Each 24-hour period during the Promotion Period from 9:00 AM PT to 8:59:59 AM PT the following day (and on the final day of the Promotion Period, from 9:00 AM PT to 11:59:59 PM PT) shall be a "Daily Entry Period." By entering the Sweepstakes, you agree to the terms and conditions set forth in these Official Rules.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

The odds of winning the Grand Prize depend upon the number of eligible entries received during the Promotion Period.

  1. ELIGIBILITY. SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE LEGAL RESIDENTS OF ONE OF THE STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCEPT THAT RESIDENTS OF FLORIDA, NEW YORK AND RHODE ISLAND ARE NOT ELIGIBLE), WHO ARE AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW. THE SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS AND WILL BE VOID TO THE EXTENT PROHIBITED BY ANY APPLICABLE LAW, RULE OR REGULATION. This Sweepstakes is governed exclusively by the laws of the United States. Associates, employees, officers, directors and retirees of Sponsor and its affiliates, partners, advertising and promotions agencies, manufacturers or distributors of Sweepstakes materials, and their immediate family members (parents, children, siblings or spouse) or household members (whether related or not) are not eligible.
  2. HOW TO ENTER: An entry into the Sweepstakes is called a "Key". You can receive Keys in a number of different ways. Visit GiveTopia.com and click on the Giveaways button for the full instructions listed below. Entry is limited to one Key per person during the Promotion Period, except as set forth below. If you are not yet a GiveTopia Member, you can earn one Key by registering as a GiveTopia Member, which requires that you submit certain information, including your name and e-mail address. Once you are a GiveTopia Member, you can earn up to one additional Key per Daily Entry Period by logging in to your Member account on the GiveTopia website. You can earn up to one additional Key per Daily Entry Period by creating a "Story" on the GiveTopia website, and up to one additional Key per Daily Entry Period by sharing the Story through Facebook, Twitter or email, for a maximum of two additional Keys per that particular Daily Drawing Period during which you created and shared the Story. You can earn up to one additional Key by sharing a Reward that you have received from the GiveTopia website through Facebook, Twitter or email, for a maximum of one additional Key per Reward shared during the Promotion Period. If you share a Story or Reward via Facebook, Twitter or email, and one or more of your friends joins GiveTopia by clicking through your shared link, you will earn one additional Key for each of your friends that joins through your shared link. All entries become the property of the Sponsor and will not be acknowledged or returned.

    This promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Twitter or Ford Motor Company.

    Limitations. If, in the opinion and sole and absolute discretion of Sponsor, any entry violates any law or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with these Official Rules, Sponsor may disqualify the entry. The Sweepstakes may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible entries are received.
  3. SELECTION AND NOTIFICATION OF WINNER: The winner of the Grand Prize drawing (the "Grand Prize Winner") will be selected on or about two days after the Promotion Period by random drawing from all Keys earned during the Promotion Period. Entrants need not be present at the drawing to win. The selection of the winner is final and binding in all respects. The potential winner will be notified via the email address provided within two days after the drawing date. If Sponsor is unable to reach the potential winner by such email address within five days of prize notification, or the potential winner does not meet the eligibility requirements and/or is ineligible for any other reason (including noncompliance with these Official Rules), he/she may be disqualified, his/her prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. All winners must execute affidavits of eligibility and liability/publicity releases within seven days of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, such documents must be signed by his/her parent or legal guardian and the prize will be awarded in the name of and delivered to minor’s parent/legal guardian.
  4. PRIZE/APPROXIMATE RETAIL VALUE ("ARV"): The number of winners, prize descriptions and approximate retail value (ARV) for each prize is outlined below.
    Date Brand Prize Description # of Prizes Prize Value
    6/30/2014 Ford 2014 Ford Fiesta S Sedan; see details below 1 $14,000*

    Approximate retail value as of the beginning of the Promotion Period.

    The Grand Prize will consist of one model year 2014 Ford Fiesta S Sedan automobile. All other expenses and taxes associated with the Grand Prize will be the responsibility of the winner.

    For all prizes, no cash redemptions or prize substitutions or transfers will be permitted. In the event of unavailability of any prize or portion thereof, Sponsor reserves the right to substitute a prize or portion thereof of equal or greater value. All federal, state and local taxes and title, registration and licensing fees will be the sole responsibility of the winner. Where applicable, U.S. federal regulations require the issuance of a 1099 Form to the winner of any prize with a value in excess of $600. Delivery of prize requires a street address (no P.O. Boxes). Total ARV of all prizes combined: $14,000.00.

  5. GENERAL: By entering this Sweepstakes and/or accepting a prize, each entrant and winner: (1) agrees to be bound by these Official Rules; (2) agrees to release, indemnify, and hold harmless Sponsor and its affiliates, partners, advertising and promotions agencies, manufacturers or distributors of Sweepstakes materials and each of their respective officers, directors, employees and agents from any and all liability for any claim, loss, harm, damages, regulatory action, costs or expenses (including without limitation property damages, personal injury and/or death) arising out of participating in, preparing or traveling for or in connection with this Sweepstakes or any Sweepstakes-related activity, the acceptance, possession, use or misuse of any prize, or claims based on publicity rights, defamation or invasion of privacy, copyright infringement, trademark infringement or infringement of any other intellectual property right, breach of contract or merchandise delivery; (3) consents to the use by Sponsor of his/her name, voice, photographs, likeness, biographical information, testimonial, statements and/or prize information for advertising, marketing, promotional and/or any other commercial purposes in any medium (whether now or hereafter known) throughout the world in perpetuity without further notice, additional permission or compensation unless prohibited by law; and (4) agrees to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Sweepstakes as reasonably designated by Sponsor. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control.
  6. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes. In the event of modification, cancellation, termination or suspension, Sponsor reserves the right to award the prize from among all eligible, non-suspect entries received prior to the event requiring such modification, cancellation, termination or suspension. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials from the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any entry based on an e-mail address, the entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
  7. USE OF INFORMATION: The information you provide will only be used as described in these Official Rules and in accordance with Sponsor’s privacy policy. By participating in the Sweepstakes, each entrant hereby agrees to Sponsor’s collection and usage of his/her personal information and acknowledges that he/she has read and accepted Sponsor’s privacy policy. The information that you provide in connection with the Sweepstakes may be used in connection with the Sweepstakes, for Sponsor’s internal purposes and to send you information about Sponsor’s products and special promotions but will not be provided to third parties, except as stated in the privacy policy, as necessary for the administration of the Sweepstakes or as required by law or legal process. By entering, each Entrant acknowledges that Sponsor has the right at all times to disclose information (including the identity of the persons providing information or materials on Sponsor’s website) as necessary to satisfy any law, regulation or valid governmental request. For additional information about Sponsor’s Privacy Policy, click here.
  8. DISPUTES: All decisions of Sponsor shall be final and binding. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Nevada, City of Las Vegas.

    THESE OFFICIAL RULES AND THE INTERPRETATION OF THEIR TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Clark in the State of Nevada. The parties agree not to raise the defense of forum non conveniens.
  9. LIST OF WINNERS: To receive a list of the winners (available after July 5, 2014) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope by July 14, 2014 to: attn: Sweepstakes List of Winners, GiveTopia, Inc., P.O. Box 95665 Las Vegas, Nevada 89193.

Merchant Terms of Use

Print Document

Welcome to GiveTopia, the online website and platform that acts as an exchange, bringing together merchants, donors, and charitable organizations (collectively, the "Platform"). The Platform is operated by GiveTopia, Inc. ("GiveTopia", "we", "us", or "our"), and through it we offer merchants the ability to provide vouchers for goods and services to individuals who donate to charities, thereby helping merchants to publicize their businesses and foster goodwill for themselves in the community. These Merchant Terms of Use are a legally binding agreement between you and GiveTopia governing your interactions with and use of the Platform.

By signing below and subsequently using the Platform, you acknowledge that you have read, understand and agree to be bound by these Merchant Terms of Use and any other applicable terms, policies, guidelines or amendments thereto that may be presented to you from time to time including, without limitation, the GiveTopia Privacy Policy [link], and any future modifications thereof (collectively, and together with these Merchant Terms of Use, the "Agreement"), whether or not you become a "Merchant" (defined below) by obtaining GiveTopia’s approval and creating an account and/or profile with the Platform to offer rewards through the Platform (each, a "Reward"), or a "Member" (defined below) who makes donations and receives Rewards through the Platform. We are under no obligation to enforce the Agreement on your behalf against any other user. While we encourage you to let us know if you believe another user has violated the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.

If the Law or our functionality changes and affects the services we are able to offer you through your Merchant Account (defined below), we may need to change the Agreement or our program features from time to time. You should review the Agreement regularly, and we will provide prompt notice to you if we make any such changes. If at any time you do not agree with the Agreement, or you do not agree to any modified terms of the Agreement, then you must immediately notify us, stop using your Merchant Account and cease your participation in any program related to GiveTopia or the Platform (a "Program"). Unless you have agreed otherwise in writing with GiveTopia, this Agreement governs your use of the Platform and any other of our services. In the event of a conflict between this Agreement and the terms of an individual Reward, this Agreement shall govern.

  1. Section 1: DEFINITIONS

    1.1 Definitions.

    1. "End Date" means, for any Reward, the date on which the Reward is no longer published on the Platform.
    2. "Expiration" means, for any Reward, the date and time after which a voucher may no longer be used to redeem a Reward (unless otherwise required by Law, including but not limited to Laws prohibiting expiration dates on gift cards or gift certificates).
    3. "GiveTopia Site" means, collectively, the GiveTopia website (www.givetopia.org) and other distribution channels owned, controlled or operated by GiveTopia or e-mails, mobile applications or other types of electronic offerings.
    4. "Member" means a person who has registered with GiveTopia through the Platform for a membership account, for the purpose of making donations to participating charities and receiving Rewards in connection with such donations. Members can seek and obtain Rewards from Merchants in exchange for making donations to charities through the Platform.
    5. "Reward Request" is a request you submit to GiveTopia by completing and signing a Reward Request Agreement, either directly or through our independent representatives, to create a Reward for inclusion in a Program. The terms of the Reward are specified and submitted by you, or your agent, in accordance with Section 3.1.
    6. "Start Date" means, for any Reward, the date on which the Reward is first published on the Platform; and
    7. "Voucher" means the electronic certificate that evidences a Member’s donation and receipt of a Reward and contains the terms of, and unique redemption information for, such Reward.
  2. Section 2: MERCHANTS

    2.1 Merchant Status. "Merchant" as used herein refers to a business entity that seeks and obtains GiveTopia’s approval to offer Vouchers for its goods or services through the Platform. GiveTopia’s approval generally is based on the applicant’s affirmation that it meets GiveTopia’s criteria. Upon an applicant’s seeking GiveTopia’s approval in the hopes of becoming a Merchant, the applicant will be required to provide certain information about its business. By providing this information, the applicant represents and warrants to GiveTopia that such information is true, correct, and complete as of the date it is provided, and authorizes a background check to verify the accuracy of the information provided, which may be conducted by GiveTopia, contractors or third-parties designated by GiveTopia. GiveTopia reserves the right to reject Merchant status for any reason, in GiveTopia’s sole discretion, and without explanation to the applicant.

    2.2 Merchant Account. In order to use certain services, a special account on the GiveTopia Site will be created for each approved Merchant, which will be created and maintained by GiveTopia or our independent representatives (a "Merchant Account"). Your Merchant Account will facilitate your use of various GiveTopia services and, in the future, may allow you to provide and receive information pertaining to your relationship with us. You are responsible for providing accurate information for your Merchant Account, and are responsible for all activities that occur under such account. You agree to immediately notify GiveTopia of any unauthorized use of your Merchant Account or any other breach of security related to the GiveTopia Site. GiveTopia is not and will not be liable for any loss or damage arising from your failure to manage your Merchant Account, including without limitation to regularly review the accuracy of your Rewards and other information created on your behalf by authorized GiveTopia personnel. In addition to the other rights set forth herein, GiveTopia reserves the right to refuse service and/or access to the GiveTopia Site to you or any other merchant at any time without prior notice for any reason. When using your Merchant Account and the GiveTopia Site directly, or indirectly via an authorized agent, to submit and manage Rewards, you accept and agree to comply with certain terms and conditions applicable to merchants. GiveTopia may offer certain optional features or functionalities within your Merchant Account. If you choose to use such features, then you may be required to agree to separate terms that are specific to those features that will be disclosed and available at the time you elect any such option. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept this Agreement. If you are accepting the Agreement on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to the Agreement. If you do not have the legal authority to bind your entity, please ensure that an authorized person from your organization consents to, and accepts, the Agreement.

  3. Section 3: PROGRAM PARTICIPATION AND YOUR REWARDS

    3.1 Creation of Rewards. You will define the conditions of, and may supply the content and images to describe and illustrate, your Reward and its terms, by completing and submitting, or authorizing an agent to complete and submit, a Reward Request Agreement. Submission of a Reward Request does not obligate GiveTopia to accept the Reward Request or any of its contents nor to promote the Reward, and is not binding on GiveTopia until GiveTopia actually publishes the Reward on the GiveTopia Site. Regardless of the End Date specified in a Reward Request, GiveTopia may terminate the Reward before the End Date for any or no reason. You are responsible and liable for all Reward content and terms, and for GiveTopia’s or any Member’s use or reliance on any of the foregoing. In creating your Reward, you may not: (a) offer to sell any goods or services on terms or in a manner that is prohibited by law from being offered or advertised; (b) include any content that violates or infringes in any way upon the rights of others; or (c) include any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any Law. You are not permitted to select the charity to which a Member must donate in order to receive your Reward. GiveTopia shall have no ownership interest in any Reward or any right to claim any Reward. The parties acknowledge that GiveTopia is acting on your behalf in distributing Vouchers evidencing Rewards to Members who make charitable donations directly to participating charities utilizing GiveTopia’s Platform.

    3.2 Promotion of Rewards. If GiveTopia accepts your Reward Request, GiveTopia may, but is not obligated to, promote the Reward using any method and through any medium that GiveTopia deems appropriate in its sole discretion, including through the GiveTopia Site, e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through GiveTopia. GiveTopia further reserves the right, but has no obligation, to promote the Reward through its affiliates and third party business partners from time to time. GiveTopia may promote your Reward to GiveTopia Members and potential Members based on geographic or other geolocational data, but will determine the customers and potential customers to whom your Reward is actually promoted and made available in its sole discretion. If you indicate specific limits or maximums with respect to the number or type of vouchers that may be offered through a Reward in the Reward Request, GiveTopia will use all commercially reasonable efforts to stop promoting your Reward accordingly.

    3.3 Distribution of Vouchers. Once GiveTopia has received payment from a Member of the amount donated, GiveTopia will authorize for use, and make a Voucher for your Reward available to, the Member through a medium selected by GiveTopia in its sole discretion. Vouchers will include any restrictions or limitations on the use of the Voucher you have specified in the Reward Request. Members may then redeem the Reward by presenting the Voucher to you through their mobile devices, or any other media that GiveTopia has adopted for Voucher redemption.

    3.4 Responsibility for Rewards and Vouchers. You acknowledge that you are the exclusive offeror of your Reward and the issuer of the Vouchers. You also are responsible and liable for: (a) the decision to make your Reward available through the GiveTopia services; (b) fulfilling your Reward with respect to all Voucher holders; (c) supplying all goods and services specified in the Reward; and (d) collecting and remitting any and all applicable state or local sales, use, hotel occupancy, and other similar taxes that may apply to the redemption of Vouchers or the supplying of goods or services.

    3.5 Redemption Obligations. You must comply with your obligations specified in the Agreement, the Reward Request and other obligations regarding the use of your Merchant Account. In addition, when redeeming Vouchers, you must: (a) honor Vouchers during the time period specified on such Vouchers, pursuant to the terms of your Reward, and as required under applicable Law(s); (b) handle all customer service in connection with the redemption and use of the Vouchers; (c) honor any Voucher presented by an individual, even if that individual was not the Member to whom the Voucher was issued, unless (i) otherwise specified in the Fine Print (as defined below) or otherwise stated prominently on the face of the Voucher or, (ii) you reasonably believe that individual obtained the Voucher in an unauthorized or illegal manner, in which case you must immediately contact GiveTopia and explain the circumstances; and (d) comply with the terms and conditions stated on the Voucher without modification and without imposing any restrictions or additional charges or penalties that are not expressly stated on the Voucher. You must specify all generally applicable policies (e.g., cancellation policies that apply to all customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Reward ("Fine Print") in the Reward Request, and GiveTopia shall have no liability for the nature of your Fine Print or your failure to provide appropriate Fine Print.

    3.6 Taxes.You agree to be solely responsible for collecting and remitting all applicable sales and/or use taxes associated with the Reward requested by this Agreement.

    3.7 Expiration & Redemption. You shall allow holders of Vouchers to redeem any valid Voucher until the stated Expiration or such later date as may be required by applicable Law. When you redeem a Voucher, you must indicate that the Voucher has been redeemed by pressing the appropriate button on the redeeming Member’s mobile device or other media that GiveTopia has adopted for Voucher redemption.

    3.8 Your Third Party Merchants. You may subcontract or delegate portions of your performances required by this Agreement with respect to a particular Reward to a third party (each, a "Third Party Merchant"). If you subcontract or delegate to Third Party Merchants with respect to fulfilling such Reward, you will remain solely responsible and liable for (a) all your obligations, including financial obligations, under the Agreement and (b) all acts and omissions of your Third Party Merchants. You must require your Third Party Merchants to comply with all applicable restrictions and obligations imposed on you under the Agreement, and you will be solely responsible for your financial and contractual relationship with your Third Party Merchants.

    3.9 License to Your Content. You hereby grant GiveTopia a non-exclusive, royalty-free, worldwide, transferable, irrevocable, perpetual and sub-licensable license to use, copy, distribute, display and perform any trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials that you provide to GiveTopia or its representatives in a Reward Request, through your Merchant Account or otherwise use to describe your Reward ("Content") in any and all media or formats in connection with GiveTopia’s fulfillment of its rights and obligations under the Agreement, including the promotion of Rewards and distribution of vouchers.

    3.10 Identification as Merchant. GiveTopia may, in its sole discretion, include you in any press release or other published materials regarding the Platform or your Rewards, and may identify you as a Merchant, or former Merchant, in any GiveTopia materials.

  4. Section 4: NO PAYMENT DUE TO MERCHANTS

    You will not receive any monetary payment for Rewards or Vouchers distributed by or through the GiveTopia Site. Instead, your participation as Merchant offers you the ability to publicize your goods and/or services to potential customers and your support of charitable philanthropy, which you acknowledge is valuable and adequate consideration.

  5. Section 5: TERM AND TERMINATION

    5.1 Term. The Agreement is effective as of the date your request for Merchant status is accepted by GiveTopia. Unless otherwise earlier terminated as set forth below, the Agreement will remain in effect through the latest of (x) the last End Date for any of your Rewards; (y) the Expiration of all Vouchers; and (z) a termination by either party in accordance with the terms set forth herein. If previously terminated or expired, the Agreement will become effective again upon any acceptance by GiveTopia of your submission of a new Reward Request. Your Reward Request must be accepted and this Agreement must be effective for any Reward to be published on the GiveTopia Site.

    5.2 Termination. GiveTopia may terminate the Agreement and suspend your Merchant Account with one (1) day advance written notice for any reason, or immediately for cause (as reasonably determined by GiveTopia). For purposes of the foregoing sentence, "cause" shall be deemed to include any of the following, in addition to a material breach of this Agreement: (a) you violate your redemption obligations (including any obligations imposed by applicable Law) with respect to any Reward made by you through GiveTopia’s programs and services; (b) you fail to redeem or cause the redemption of any Voucher to fail for any reason, including but not limited to the sale or dissolution of your business, or a higher than expected number of Vouchers being issued, (c) you violate any of the terms of the Agreement or any other agreement you have with GiveTopia, or (d) you otherwise misuse the Platform, or repeatedly abuse Platform guidelines or GiveTopia standards that have been communicated to you in advance, or in any way engage in conduct, which in GiveTopia’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of GiveTopia or any GiveTopia user.

    5.3 Suspension of a Reward. Notwithstanding anything herein to the contrary, you or GiveTopia may cancel or suspend a Reward for any or no reason, provided that, upon and after any such cancellation or suspension, you will still be required to fulfill Rewards represented by outstanding Vouchers.

    5.4 Obligations Upon Termination; Survival of Relevant Provisions. Neither the expiration nor termination of the Agreement, nor your suspension or cancellation of any Reward shall in any way affect the rights of any holder of a valid Voucher, or modify or eliminate your obligation to redeem any valid Voucher pursuant to its terms. All provisions of the Agreement that are logically intend ed and required to survive expiration or termination of the Agreement to achieve their intent, shall survive without limitation.

  6. Section 6: REPRESENTATIONS, WARRANTIES, AND COVENANTS

    6.1 By Both Parties. Each Party represents and warrants to the other that: (a) it has the power and authority to enter into the Agreement and perform its obligations hereunder; (b) it is an entity duly organized, validly existing and in good standing under the Laws of its jurisdiction of incorporation or formation; and it is duly qualified to do business and is in good standing in each jurisdiction where the conduct of its business, provision of its goods and/or services, or the ownership of its property requires such qualification; (c) this Agreement reflects its legal, valid and binding obligation, enforceable against it; and (d) it shall comply with all Laws applicable to its obligations under the Agreement.

    6.2 By you. You further represent and warrant to GiveTopia as of the date hereof and the date you submit any Reward Request, or (as applicable) covenant for the term of this Agreement, that: (a) you and any Third Party Merchant(s), as applicable, (i) are registered for the collection of sales, use and other similar taxes in all states and localities in which goods and/or services will be made available pursuant to the terms and presentation of Vouchers; and (ii) will collect and remit any and all applicable state or local sales, use, hotel occupancy, and other similar taxes that may apply to the redemption of Vouchers or the supplying of goods or services; (b) your Content, your representations about your business, and your redemption process for Vouchers, do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of privacy or publicity of any third party; (c) you hold all necessary Regulatory Documents and Authorization Documents, if any, required to make any Reward and provide the goods or services described therein; (d) you will provide the goods and services made available through any Reward in a manner consistent with industry best practices; and (e) you have all rights necessary to grant the licenses set forth in the Agreement.

    6.3 NO FURTHER REPRESENTATIONS, WARRANTIES, OR COVENANTS. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GIVETOPIA DOES NOT WARRANT, COVENANT, OR GUARANTEE THAT (A) THE POSTING OF ANY REWARD OR ANY PART THEREOF (INCLUDING WITHOUT LIMITATION ANY VOUCHER OR FINE PRINT) WILL BE ERROR-FREE; (B) ANY ERRORS, OMISSIONS OR MISPLACEMENTS WILL BE CORRECTED, OR (C) REWARDS WILL RESULT IN ANY REVENUE OR PROFIT FOR YOU OR FOR ANY THIRD PARTY MERCHANT. GIVETOPIA MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE GIVETOPIA SITE OR ANY OTHER PROMOTION, DISTRIBUTION OR REDEMPTION METHOD USED OR PROVIDED BY GIVETOPIA (INCLUDING WITH RESPECT TO ITS UNINTERRUPTED OR ERROR-FREE OPERATION) AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THEREIN. THE GIVETOPIA SITE AND OTHER PROMOTION, DISTRIBUTION OR REDEMPTION METHODS USED OR PROVIDED BY VOUCHER AND ALL RELATED INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN "AS AVAILABLE" BASIS.

  7. Section 7: INDEMNIFICATION

    7.1 By you. You, at your sole cost and expense, shall defend, indemnify and hold harmless GiveTopia, its affiliated and related entities, and any of their respective officers, directors, agents and employees, from and against any third party claims, lawsuits, actions, proceedings or investigations (collectively, "Claims") from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to attorney’s fees and costs) (collectively, "Losses") arising out of or relating to any of the following: (a) your or any Third Party Merchant’s (i) fraud, willful misconduct, or gross negligence or (ii) breach or alleged breach of the Agreement; (b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent redemption of a Voucher; (c) to the extent applicable, any claim by any local, state or federal governmental entity for any unclaimed property regarding Vouchers, including but not limited to, any claims for penalties and interest; (d) the goods and/or services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death; (e) any Reward, including your provision of incomplete or inaccurate or information applicable to such Reward; or (f) your Content; and (g) any infringement, misappropriation, or other violation, of any patent, trademark, copyright, publicity, privacy, trade secret, or other right of any third party by you, your Content, or the use thereof.

    7.2 By GiveTopia. GiveTopia, at its sole cost and expense, shall defend, indemnify and hold harmless you and your officers, directors, agents and employees, from and against any and all Claims brought against any of you arising out of or in connection with (a) GiveTopia’s material breach of the Agreement or (b) any infringement, misappropriation or other violation of any trademark or copyright of any third party by GiveTopia (excluding GiveTopia’s use of materials provided or authorized for GiveTopia’s use by, you.)

    7.3 Indemnification Process. The Party seeking indemnification under this Section 7 shall promptly notify the other Party in writing of any Claim for which it seeks indemnification; provided that such indemnified Party’s failure to timely provide such notice shall not relieve the indemnifying Party of its indemnification obligations unless it can demonstrate actual prejudice as a result of such failure. In the event GiveTopia is the indemnifying Party, GiveTopia shall have the right to, upon written notice to you, elect to assume control of the defense and settlement of any such Claim, and you will have the right to participate and be represented in the defense of such Claim by your own counsel and at your own expense. You shall not settle any Claim for which you are to be indemnified hereunder without GiveTopia’s prior written consent, which consent shall not be unreasonably withheld or delayed.

  8. Section 8: COMPLIANCE WITH LAW AND AUTHORIZATIONS

    8.1 General. You will ensure that the terms of any Reward, any Fine Print, and your activities under the Agreement, including your redemption of Vouchers, comply with any and all state, federal and local laws, rules, regulations, and orders, including without limitation the Credit Card Accountability, Responsibility, and Disclosure Act of 2009 and all laws that govern false, unfair and deceptive practices, vouchers, gift cards, coupons, and/or gift certificates (collectively "Laws"). You understand and agree further that your compliance with Laws is a basic requirement, and that you must also comply with all of GiveTopia’s requirements and product-specific policies applicable to Vouchers ("Rules"), which Rules may require you to do more than applicable Laws alone might mandate.

    8.2 Health and Safety. You represent and warrant that all goods or services provided in connection with any Reward are safe and comply with all applicable Laws regarding health and safety, fire and hygiene standards (collectively, "Health Laws"). At GiveTopia’s request, you will promptly provide copies of any applicable facility operating license(s), or similar credentials or documents evidencing your and your facility(ies) compliance with the Health Laws. You shall ensure that your facilities and operations remain in compliance with all applicable Health Laws during the term of the Agreement. GiveTopia reserves the right to immediately terminate its relationship with you, and to refuse to promote your Reward, if it believes you do not fully comply with any or all applicable Health Laws.

    8.3 Authorization Documents. You hereby represent and warrant that you have all rights and permissions necessary to provide or use any goods, services, or brands that you do not independently own as part of any Reward and to grant the rights to your Content granted under the Agreement. Even if GiveTopia has accepted a particular Reward Request for your Reward, GiveTopia shall have no obligation to promote or to continue to promote, any Reward if it has any concerns about the integrity of said Reward. You shall immediately notify GiveTopia if, at any time during the term of the Agreement, you no longer have all necessary rights and permissions required to make the Reward available on the Platform through the GiveTopia services.

    8.4 Regulatory Documents. You hereby represent and warrant that you have obtained all governmental licenses, approvals, and authorizations necessary to provide the goods or services included as part of such Reward. If requested, you shall provide GiveTopia with copies of licenses, proof of authorization or other appropriate documentation evidencing such regulatory permissions ("Regulatory Documents"). Even if GiveTopia has accepted the Reward Request for your Reward, GiveTopia shall have no obligation to promote or continue to promote your Reward if it has any concerns regarding the existence, integrity or veracity of Regulatory Documents it reasonably is relying on you to have and maintain. You shall immediately notify GiveTopia if, at any time during the term of the Agreement, you no longer have all rights and Regulatory Documents required to make the Reward available on the Platform and through the GiveTopia services.

  9. Section 9: CONFIDENTIALITY

    9.1 Confidential Information. Each Party agrees that (i) any information designated by the other Party as "confidential," and (ii) any other information that the recipient should reasonably expect to be confidential under the circumstances shall be collectively deemed "Confidential Information." Confidential Information does not include information that (a) was, or becomes, publicly known through no action of the receiving Party; (b) is already in the legitimate possession of the receiving Party prior to its disclosure; (c) is obtained by the receiving Party without a breach of any third party’s obligations or violation of Laws; or (d) is independently developed by the receiving Party.

    9.2 Obligation. Each Party shall take reasonable precautions to protect all Confidential Information, and will only disclose Confidential Information to its employees on a need-to-know basis. You may also disclose Confidential Information to your Third Party Merchants if they have signed a confidentiality agreement that requires them to protect the Confidential Information in at least the same manner specified in the Agreement. If a Party is required by Law to disclose the other Party’s Confidential Information, it shall promptly notify the other Party and shall cooperate with the other Party to obtain a protective order or to otherwise limit the disclosure of the Confidential Information.

    9.3 Irreparable Harm. Each Party agrees that, in the event of an actual, alleged or threatened breach of its confidentiality obligations established by the Agreement, the other Party is likely to suffer immediate and irreparable harm, and may seek a temporary restraining order, injunction or other form of equitable relief without the posting of any bond or other security.

  10. Section 10: INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA

    10.1 GiveTopia IP. You acknowledge that GiveTopia owns all right, title, and interest, including all intellectual property rights, in the GiveTopia Site, trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by GiveTopia to develop, promote, market, sell, generate, or distribute Rewards and Vouchers and otherwise perform under the Agreement (collectively the "GiveTopia IP"). With respect to any Reward, you may use GiveTopia’s name, trademarks, and logos solely to publicize to your customers and potential customers the fact that you are featuring that Reward through the Platform. This limited right to use GiveTopia’s branding is applicable only during the period from the Start Date through the Expiration of any Reward. Notwithstanding the above, you shall not use or display the GiveTopia IP in any manner that states or implies that GiveTopia has endorsed or approved the Reward or your products or services. Any use of GiveTopia IP shall comply with any GiveTopia usage guidelines posted on the GiveTopia Site or provided to you from time to time. All goodwill and improved reputation in respect of and associated with the GiveTopia IP shall inure to the sole benefit of GiveTopia. Except as expressly set forth in the Agreement, you have no right, license, title or interest in or to any GiveTopia IP, and shall not use, distribute, transfer, copy, download, display, modify, perform or create derivative works of the GiveTopia IP without the express written consent of GiveTopia. You shall not translate, reverse engineer, decompile or disassemble the GiveTopia IP. GiveTopia has the right to revoke the rights sets forth in this Section upon written notice to you and reserves all rights not specifically granted.

    10.2 Customer Data. You acknowledge that GiveTopia owns all data collected by, or on behalf of, GiveTopia pursuant to the Agreement, including all information and data of individuals who may or do receive Vouchers ("Customer Data"). Subject to applicable Laws and in accordance with GiveTopia’s policies and procedures, GiveTopia shall not provide you with access to Customer Data, except to the extent such specific data relates to Members who actually redeem Vouchers issued by you. Except to the extent required by Laws or otherwise authorized in writing by GiveTopia, you may not use Customer Data for any purpose other than to redeem the Vouchers and service the Reward and for your own direct marketing purposes. If you choose to use Customer Data for your own direct marketing purposes, you shall allow recipient customers to "opt out" of future marketing materials, and shall comply with all such requests by customers. You shall, and shall ensure that any Third Party Merchants you may work with, take commercially reasonable efforts to protect the security of Customer Data and comply with all Laws (and GiveTopia’s policies and procedures) relating to the processing of any Customer Data. If you become aware of, or suspect, any unauthorized access to or use of Customer Data, you shall immediately notify GiveTopia, and shall cooperate with GiveTopia in the investigation of such breach and the mitigation of any damages. You shall bear all resulting costs and expenses incurred by GiveTopia to comply with applicable Laws (including without limitation any data breach Laws). Upon termination or expiration of this Agreement, you shall, as directed by GiveTopia, destroy or return to GiveTopia all the Customer Data in your or your Third Party Merchants possession.

  11. Section 11: LIMITATIONS OF LIABILITY; INSURANCE

    11.1 LIMITATION OF GIVETOPIA’S LIABILITY. IN NO EVENT SHALL GIVETOPIA BE LIABLE TO YOU, ANY THIRD PARTY MERCHANT OR ANY OTHER THIRD PARTY FOR ANY CLAIMS RELATING TO THE USE OF YOUR GOODS AND SERVICES, INCLUDING BUT NO LIMITED TO CLAIMS RELATING TO FALSE ADVERTISING, INJURIES, ILLNESSES, DAMAGES, OR DEATH. ANY CLAIM ARISING OUT OF OR RELATING TO ANY VOUCHER PROVIDED BY GIVETOPIA IN EVIDENCE OF THE APPLICABLE REWARD REQUEST MUST BE MADE WITHIN ONE (1) YEAR OF FIRST PUBLICATION OF THE REWARD, AND ALL CLAIMS NOT SO MADE SHALL BE DEEMED WAIVED BY YOU.

    11.2 NO CONSEQUENTIAL DAMAGES. EXCEPT FOR (A) INDEMNIFICATION OBLIGATIONS HEREUNDER OR (B) EITHER PARTY’S (OR WITH RESPECT TO YOU, YOUR THIRD PARTY MERCHANT’S) (I) VIOLATION OF SECTION 8 (COMPLIANCE WITH LAW AND AUTHORIZATIONS), SECTION 9 (CONFIDENTIALITY), OR SECTION 10 (INTELLECTUAL PROPERTY RIGHTS; CUSTOMER DATA) OR (II) FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE.

    11.3 Insurance. You represent and warrant that you have, and shall maintain at your expense and at all times during the term of the Agreement, all customary types of liability insurance policies, with coverage in amounts that are customary for merchants and/or service providers in your region, consistent with best industry practices, and sufficient to fully comply with applicable Law and fulfill your obligations under the Agreement. Upon GiveTopia’s request, you shall provide proof of your maintenance of such policies and provide assurances that indicate that GiveTopia will be covered by your insurance policies in the event of a claim arising under or in relation to, the Agreement or any Reward.

  12. Section 12: BINDING ARBITRATION

    12.1 Binding Arbitration. The Parties hereby agree that (a) the Agreement and all disputes, controversies, or claims arising out of or relating thereto, to any Reward, or to any Reward Request shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (b) the arbitration shall be held at a location within the State of Nevada, or at such other location as may be mutually agreed upon by you and GiveTopia; (c) the arbitrator shall apply Nevada Law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration will decide only your and/or GiveTopia’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (e) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GiveTopia will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (f) with the exception of subpart (d) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (d) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor GiveTopia shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, visit the AAA website at http://www.adr.org.

  13. Section 13: MISCELLANEOUS

    13.1 Electronic Communications and Notices. You acknowledge that communications between the Parties often use electronic means. For contractual purposes, you hereby (a) consent to receive communications from GiveTopia in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GiveTopia provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights. Any notice required or permitted hereunder shall be provided in writing, and shall be deemed delivered when (a) delivered by electronic mail to the then-current e-mail address in your Merchant Account, or (b) regardless of whether or not actually received, when deposited in (i) the United States mail, postage prepaid, certified mail, return receipt requested, or (ii) a regional or national overnight courier service, addressed to the applicable Party at the address set forth in your case, in your Merchant Account, and in GiveTopia’s case, to GiveTopia, Inc., 3726 Las Vegas Boulevard South, Unit 2310, Las Vegas, NV, 89158, with a copy to the attention of the Legal Department.

    13.2 Force Majeure. Neither Party shall be liable for any default or delay in the performance of its obligations under the Agreement due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond the reasonable control of such Party and only for the duration of such event.

    13.3 Relationship of the Parties. The Parties are independent contractors. Nothing in the Agreement shall be deemed or construed by the Parties hereto, nor by any third party, as creating a joint venture, partnership, franchise, or an agency relationship between the Parties. Neither Party has the authority, without the other Party’s prior written approval, to bind or commit the other Party in any way. GiveTopia is not a vendor or co-vendor of your goods and services.

    13.4 Agreement. This Agreement constitutes the entire understanding between the Parties relating to any Reward and your obligations in making such Reward, and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. Except as set forth above with respect to modifications from time to time by GiveTopia, no part of the Agreement may be amended or modified except by mutual written agreement of the Parties. In the event of a conflict between the terms of this Agreement and the terms of your Reward or Reward Request Agreement, this Agreement shall govern.

    13.5 Interpretation. The section headings of this Agreement are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. References to a section include references to all subsections of that section.

    13.6 Invalidity of a Provision. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of the Agreement shall not be affected and the Parties shall negotiate an equitable adjustment in the provisions in order to affect, to the maximum extent permitted by Law, the purpose of the Agreement.

    13.7 Waivers. One or more waivers of any covenant, term or condition of this Agreement by either Party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.

    13.8 Assignment. You may not assign or transfer any of your rights, or delegate any of your obligations, under this Agreement without GiveTopia’s prior written consent, and any attempt to do so shall be void and unenforceable.

    13.9 Successors and Assigns; No Third Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of, the Parties and their respective permitted successors and assigns. There are no third party beneficiaries to this Agreement, except as expressly set forth herein or in a particular Reward Request.