Terms of Use and Official Rules
Updated January 27, 2021Thanks for using Raffskie.
Please read these Terms of Use carefully. By using Raffskie as a Visitor, Backer, Entrant, Subscriber, Contact or signing up for an account as a Sponsor, Affiliate or Advertiser, you're agreeing to these Terms, which will result in a legal agreement between you and Raffskie ("Agreement"). We'll start with the basics, including a few definitions that should help you understand these Terms. Raffskie ("Raffskie," "we," or "us") is an online Crowdsourcing and Group-sourcing platform (the "Service") focused on providing Contests and Giveaways that lower an individual's Health and Leisure expenses. (the "Service") offered through the URL raffskie.com (we'll refer to it as the "Website") allows individuals and businesses to, among other things, participate, enter, back, sponsor, refer, advertise, create, send, and manage certain contests/giveaways and marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a "Campaign," and collectively, "Campaigns"). There are Live Campaigns and Backer Campaigns. Live Campaigns are actual Live Contests and Giveaways. Backer Campaigns are NOT Live Contests or Giveaways yet. As is the case with some other well established and larger platforms, Raffskie's Backer Campaigns are all or nothing. No one will be entered or charged for a pledge towards a Backer Campaign unless it reaches the minimum requirement to go Live. By setting a minimum number of Backers, Raffskie can effectively determine which Campaign's people are interested in. raffskie.com is owned and operated by the R.Y.D.M. Company and has employees, independent contractors, suppliers, partners and representatives ("our Team"). As a customer of the Service or a representative of an entity that's a customer of the Service, you're either a Sponsor, Affiliate, Advertiser, Contact, Subscriber, Visitor, Backer or an Entrant according to this Agreement (or "you").
Acceptance of Terms
These Terms of Use ("Terms," including our Privacy Policy, Cookie Statement, Copyright and Official Rules define the terms and conditions under which you're allowed to use the Service in accordance with the Agreement, and how we'll treat your account while you're a Sponsor, Affiliate, Advertiser, Contact, Subscriber, Backer, Visitor or an Entrant. By using and accessing our Site, you ("you", "user" or, "end user") agree to these Terms of Use. If you don't agree to these Terms, you must immediately discontinue your use of the Service.
At any time, we may choose to update these Terms of Use by posting an update to this page. We encourage you to frequent these Terms of Use as your continued use of any of Raffskie's services will mean you accept those changes, whether you've read them or not. In addition, you shall be subject to guideline changes or rules applicable to such services, which may be posted from time to time.
You understand and agree that the Service may include communications from Raffskie, such as transactional, administrative messages and marketing or service announcements. These communications are considered part of the Raffskie service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Raffskie properties, shall be subject to the Terms of Use. You also understand and agree that the Service is provided "AS-IS" and that Raffskie assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Raffskie uses Geo-location services and in some cases Google Maps to provide certain features of the Service, and, as a result, we are contractually obligated to make our Visitors, Backers, Entrants, Subscribers, Affiliates, Advertisers and Sponsors aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by using or signing up for an account and using the Service, you are also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
Eligibility
In order to use the Service, you must: be at least eighteen (18) years old and able to enter into contracts; complete the registration process; agree to these Terms of Use; provide true, complete, and up-to-date contact and billing information; and not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Raffskie may refuse service, close accounts of any users and change eligibility requirements at any time.
Raffskie License Rights & Restrictions
We hereby grant you a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the internet for your own internal purposes, subject to the Terms of Use. You may not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Use shall be construed to grant you any right to transfer or assign rights to access or use the Raffskie Site. All rights not expressly granted to you are reserved by Raffskie and its licensors.
You agree to not modify or make derivative works based upon the Raffskie Site. You also agree to not reverse engineer or access the Raffskie Site in order to build a competitive product or service, build a product using similar features, functions or graphics of the Raffskie Site, or copy any features, functions or graphics of the Raffskie Site. You further acknowledge and agree that, as between the parties, Raffskie owns all right, title, and interest in and to the Raffskie Site, including all intellectual property rights therein.
Sponsor/Advertiser/Affiliate Violations
We hope that all Sponsors, Affiliates and Advertisers use Raffskie in a safe and ethical manner. As a condition to your use of the Raffskie Site, you shall not:
- use or upload any email addresses including ones collected by Raffskie maliciously or violate the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them, or any applicable electronic communications laws in your jurisdiction.
- use the Raffskie Site for any illegal or unauthorized purpose. You must not, in the use of the Raffskie Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
- use the Raffskie service to run a promotion and manipulate entrants into entering your promotion without the intention of giving out a prize.
- post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services.
- collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Raffskie service.
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in the Raffskie site.
- reverse engineer, decompile or disassemble any of the software used to provide the Raffskie service.
- reproduce, duplicate or copy or exploit any other portion of the Raffskie service, without the express written permission of Raffskie;
- interfere with or disrupt the Raffskie service, or any servers or networks connected to the Raffskie service, or disobey any requirements, procedures, policies or regulations of networks connected to the Raffskie service.
- modify, adapt or hack the Raffskie site or falsely imply that some other site is associated with Raffskie site.
Raffskie is an internet-based self-service. Internet-based Self-services are a sub-type of services driven by self-service technologies which provide technological interfaces allowing customers to use services independently of the involvement of direct service employees. While our Service hopefully makes it easy to launch a successful promotion, much of the success of any Raffskie contest/giveaway depends on the prize, promotion and region of the campaign. Raffskie operates a Crowdsourcing and Group-sourcing platform focused on providing Contests and Giveaways that lower an individual's Health and Leisure expenses. There are Live Campaigns and Backer Campaigns. Live Campaigns are actually Live Contests and Giveaways. Backer Campaigns are NOT Live Contests or Giveaways yet. As is the case with some other well-established platforms, Raffskie's Backer Campaigns are all or nothing. By setting a minimum number of Backers, Raffskie can effectively determine which Campaign's people are interested in. Raffskie does not provide refunds or credits for a contest/giveaway promotion deemed as ‘poor performing' by the Sponsor, Affiliate or Advertiser. Each Sponsor acknowledges and agrees that all Raffskie prizes are provided by either a Raffskie affiliate, prize sponsor, partner, associate, supplier or licensor and in many cases the Sponsor themselves. Each Sponsor acknowledges and agrees that Raffskie reserves the right, in its sole discretion, to choose all categories or prizes for each contest/giveaway. Each Sponsor acknowledges and agrees that in many cases the prizes are supplied by a Raffskie supplier, affiliate, associate, partner or licensor which may originate from outside the State, Province or Country. Each Sponsor, Affiliate or Advertiser acknowledges that the Raffskie service is not intended to induce or reward referrals for goods or services reimbursed under any state or federal healthcare programs. Furthermore, the service will not influence any Medicare beneficiary to order or receive items or services payable by federal or state programs from a particular provider. The Raffskie business is a private pay business model. Each Sponsor, Affiliate or Advertiser acknowledges that by opening and using the account password, they have read and agree to all terms of use. Each Sponsor acknowledges and agrees they are using raffskie.com as a contest/giveaway administrator and are choosing to Sponsor a Raffskie contest/giveaway in order to support their local community and target promotions. Each Sponsor acknowledges and agrees that in the case of an active account or in the event a Sponsor, Affiliate or Advertiser chooses to close their account, Raffskie still reserves the right to contact all backers-entrants-subscribers-contacts or sponsors/affiliates/advertisers relating to future promotional or legal issues. Each Sponsor acknowledges and agrees that payment for the Raffskie services may change in the future. The services could be but are not limited to a Pay as You Go, Monthly (or) a charge for an Add-On account. Certain Pay as You Go (or) Add-ons may require a monthly or upfront payment for the Raffskie service. In either case you'll still be considered a Sponsor, Affiliate or Advertiser and all of these Terms of Use will still apply to you. Raffskie would contact the Sponsor, Affiliate or Advertiser beforehand regarding any changes in Policy. Each Sponsor, Affiliate or Advertiser acknowledges and agrees that Raffskie will keep all the backer and entrant lists on file for auditing purposes a minimum of 7 years in order to comply with Federal and State Contest and Giveaway Laws.
Official Definition of Backer Campaigns
Backer Campaigns are designed to create interest for a specific kind of Contest or Giveaway. Backer Campaigns are NOT Live Contests or Giveaways yet. They never go Live until the Campaign meets the minimum interest and goal. After which time every Backer automatically becomes an Entrant. A Backer Campaign on Raffskie is all-or-nothing. No one will be entered or charged for a pledge towards a Backer Campaign unless it reaches the minimum requirement to go Live.
Official Definition of a Backer
A Backer is someone who pledges support for a specific kind of Contest or Giveaway in the hopes it will have created the minimum interest and requirement to go Live. No Backer will be entered or charged for a pledge towards a Backer Campaign unless it reaches the minimum requirement to go Live. Backers automatically become Entrants if the Backer Campaign becomes successful.
Official Rules for Raffskie Backers or Entrants
As a Backer or Entrant, you acknowledge that Raffskie is not responsible for ensuring that such promotions and media comply with all applicable laws, rules, and regulations. If you enter a promotional campaign powered by Raffskie, we recommend you carefully review all Official Rules including any applicable Privacy Policy, these Terms, and any additional information or links provided in the Official Rules.
- as a Backer or Entrant, you acknowledge Raffskie is not responsible or liable for the failure of any Sponsor, Affiliate, Advertiser (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion, contest or giveaway.
- as a Backer you acknowledge and agree that a Backer Campaign is NOT a Live Contest or Giveaway yet. Backer campaigns are designed to create interest for a specific kind of Contest or Giveaway. If the Backer Campaign is successful and meets the minimum interest and threshold then the Contest or Giveaway is launched Live. After which time all Backers will be automatically entered. Raffskie Backer Campaigns are all or nothing. The pledge goal must be successful in order to go Live.
- as a Backer or Entrant, you acknowledge and agree, when participating in a Backer Contest, Raffskie will ONLY pre-authorize your credit card payment. The Contest is not considered Live yet. There is NO charge yet. If the Backer Contest is unsuccessful and has not reached its goal, your credit card will NEVER be charged. Your credit card details will be erased from our system. Raffskie Backer Contests are all or nothing campaigns. The only time your credit card would be charged is if the Backer Contest is successful and goes Live.
- as a Backer or Entrant, you acknowledge and agree, that all Raffskie Backer Campaigns are pre-selected and do not increase in value relative to the number of successful Backers.
- as a Backer or Entrant, you acknowledge and agree, when participating in a Live Contest, your credit card will be charged. Once this charge is successful, you will receive a confirmation email from us. Included will be a receipt and a Live link to play the Raffskie Contest. It will be up to each participant to monitor their spam or junk mail folder for this email.
- as a Backer or Entrant, you acknowledge and agree, the Raffskie service is designed to help people have fun while reducing their health and leisure out of pocket expenses. The Raffskie service is not intended to induce or reward referrals for goods or services reimbursed under any state or federal healthcare programs. Furthermore, the service will not influence any Medicare beneficiary to order or receive items or services payable by federal or state programs from a particular provider. The Raffskie business is a private pay business model.
- as a Backer or Entrant, you acknowledge and agree, that residents of Colorado, Maryland, Nebraska, North Dakota and Quebec are currently prohibited from participating in a Raffskie Contest that requires a consideration.
- as a Backer or Entrant, you acknowledge and agree, that residents of Quebec are currently prohibited from participating in any Raffskie Contest or Giveaway.
- as a Backer or Entrant, you acknowledge and agree, that the Raffskie service does not provide medical advice and is not intended to substitute for medical advice.
- as a Backer or Entrant, you acknowledge and agree, when participating in a Live Contest, that it's based on skill.
- as a Backer or Entrant, you acknowledge and agree, when participating in a Live Giveaway, that it's based on chance.
- as a Backer or Entrant, you acknowledge and agree that for Contests, Raffskie will mail the bonus prize to the address that was submitted during checkout. Raffskie is not responsible for bonus prizes lost in transit.
- as a Backer or Entrant, you acknowledge and agree that for Contests, Raffskie will allow all participants to gift their bonus prize. During checkout just enter the name and address where your bonus prize is to be mailed. Raffskie is not responsible for any bonus prize lost in transit.
- as a Backer or Entrant, you acknowledge and agree that for Contests or Giveaways, Raffskie will allow any winner to Gift their Grand Prize to any Family member or Friend. Arrangements can be made with Raffskie admin staff.
- as a Backer or Entrant, you acknowledge and agree when the prize is pharmaceutical that the winner is required by law to have a valid prescription from a licensed physician. If someone is entering a Contest or Giveaway on behalf of someone else (family member or friend) they will have to fill in the name that is written on the prescription. There are certain conditions necessary when gifting a grand or bonus prize. A Raffskie administrator will be contacting all winners in order to verify their identity and prescription. (In some cases, Raffskie may require the winner to fill out and fax/email back a winner's authorization form or participate in some form of telemedicine in order to validate their prescription. There would be no cost to the winner.
- as a Backer or Entrant, you acknowledge and agree that receiving and claiming a Grand Prize either as a gift or as the original winner will then make that Grand Prize non-transferable going forward. It is also accepted that in the case of pharmaceuticals, it will be up to the winner to request a refill on Grand Prizes that extend longer than 3 months.
- as a Backer or Entrant, you acknowledge, authorize and give permission to Raffskie to use the winners name and likeness for promotion purposes.
- as a Backer or Entrant, you acknowledge and agree that in some cases where the prize is of considerable value (E.G. golf membership/2 years' worth of maintenance medications) and depending on your jurisdiction, the winner will be responsible for any tax implications.
- as a Backer or Entrant, you acknowledge and agree that Raffskie only administers each contest or giveaway promotion on behalf of its Sponsors, Affiliates or Advertisers. Raffskie requires every prize to be issued or supplied by either a Raffskie Prize Sponsor, Affiliate, Advertiser, Associate, Licensor or Partner.
- as a Backer or Entrant, you acknowledge and agree that in some cases the winning prize supplied by a Raffskie sponsor, supplier, affiliate, partner or licensor may originate from outside the State, Country or Province. Personal importation laws relating to their own personal use may apply.
- as a Backer or Entrant, you acknowledge and agree that in some cases a contest or giveaway may have one category but show in the description multiple prizes/products. As in the case of a category for pharmaceuticals. Example: Category for COPD with 10 different medications listed in the description. It is understood by the Entrant that the winner will NOT receive 10 different medications but only the 1 medication that they indicated in the submission form and the one that they have a valid prescription.
- as a Backer or Entrant, you acknowledge and agree that depending on the supply, prize or category and if the cost of a multi-month or multiyear grand prize increases dramatically, Raffskie at its sole discretion reserves the right to adjust any multi-month or multiyear grand prize. Some causes could be related to manufacturer shortages, product availability, price increases, recalled products, substitutions, discontinued products, exchange rate fluctuations or laws surrounding pharmaceutical suppliers.
- as a Backer or Entrant, you acknowledge and agree that when the prize is pharmaceutical, all Raffskie Sponsors, Affiliates, Suppliers, Advertisers, Associates, Partners or Licensors will only send out a maximum 3-month supply at a time and can substitute a generic or chemical equivalent when permissible.
- as a Backer or Entrant, you acknowledge and agree that when the prize is pharmaceutical, all Raffskie Sponsors, Affiliates, Suppliers, Partners or Licensors will not substitute one medication for another unless certain conditions have been met. The winner has a new valid prescription from a licensed physician and the availability and acquisition cost of the new medication is less than the original medication or prize.
- as a Backer or Entrant, you acknowledge and agree that the winner of a Raffskie Contest or Giveaway shall receive and accept the prize that was provided by a Raffskie Sponsor, Affiliate, Supplier, Partner or Licensor. Usual form of delivery will be the US Postal Service but sometimes from other vendors like Fed X or UPS etc.
- as a Backer or Entrant, you acknowledge and agree that the winner will receive their prize via mail and that from time to time that prize may be lost, stolen, delayed, untraceable or some other circumstance. Raffskie will do its best effort to remedy the situation for the winner.
- as a Backer or Entrant, you acknowledge and agree that Raffskie won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
- as a Backer or Entrant, you acknowledge and agree that by entering a Contest or Giveaway the entrant ('Entrant', 'Backer' 'you', 'your(s)') will be deemed to have legal capacity to do so, you will have read and understood these Terms of Use and you will be bound by them and by any other requirements set out in any related promotional material. Raffskie Campaigns are governed by the Province of British Columbia and any matters relating to the Campaigns will be resolved under Canadian Law and the Courts of Canada shall have exclusive jurisdiction. In the event that you participate in a Campaign online via the Website, and by accepting these Terms of Use you confirm that you are not breaching any laws in your country, state or province of residence regarding the legality of entering our Campaigns. Raffskie will not be held responsible for any Entrant or Backer participating in any of our Campaigns unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country, state or province.
- as a Backer or Entrant, you acknowledge and agree that the Refer a Friend function is operated in good faith to reward backers and entrants for referring family, friends and acquaintances as new customers to Raffskie campaigns. Abuse of this system will not be tolerated and if Raffskie has reasonable grounds to believe that new users are not genuine individuals it reserves the right at its sole discretion to void any Refer a Friend benefit, and to disqualify such individual as a Grand Prize Winner.
- as a Backer or Entrant, you acknowledge and agree that acceptance of the Grand Prize by the Winner will mean they are required to have valid I.D. and provide a Winners testimonial for promotional purposes (Public Relations/Marketing), both immediately after their win and in the future for use in accordance with the Raffskie terms of use, unless prohibited by law. By entering a Contest or Giveaway, you agree to the use of your name, address, email address and/or photograph or other likeness, as well as a Winners testimonial without any additional compensation.
- as a Backer or Entrant, you acknowledge and agree that Raffskie makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes. Raffskie shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by Raffskie. You further agree to indemnify, defend and hold harmless Raffskie and its suppliers, partners, sponsors, advertisers, affiliates, licensors, parent companies, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s)and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Contests or Giveaways offered by Raffskie.
- as a Backer or Entrant, you acknowledge and agree that Raffskie or any of its suppliers, partners, sponsors, advertisers, affiliates, licensors, parent companies, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, or contractors will not accept responsibility for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. Raffskie shall use its best endeavors to award the prize for a Contest or Giveaway to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, Raffskie reserves the right to reclaim the Contest or Giveaway prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
- as a Backer or Entrant, you acknowledge and agree that Raffskie shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. Raffskie shall use its best endeavors to ensure that the software and website(s) used to operate its Contests and Giveaways perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. Raffskie shall not be held liable for any Contest or Giveaway entries that occur as a result of malfunctioning software or other event.
- as a Backer or Entrant, you acknowledge and agree that Raffskie or any of its Sponsors, Affiliates, Partners or Suppliers are not responsible for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected entries. Raffskie reserves the right, in its sole discretion, to modify or terminate the contests or giveaways in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the contest or giveaway.
- as a Backer or Entrant, you acknowledge and agree that Raffskie reserves the right at its sole discretion to extend the closing date of any contest or giveaway, if for any reason any aspect of the contest or giveaway is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of Raffskie which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest or Giveaway. Raffskie may in its sole discretion cancel, terminate, modify or suspend a Contest/Giveaway, or invalidate any affected entries. In the event that Raffskie closes a Contest or Giveaway early, the Winner may be selected from all valid and eligible entries received by Raffskie prior to the date of closure, except that Raffskie reserves the right, at its sole discretion, to close a Contest or Giveaway early without selecting a Winner. In the event that a Contest or Giveaway is closed without selecting a Winner, Raffskie will give all entrants an opportunity to participate in another campaign.
- as a Backer or Entrant, you acknowledge and agree that Raffskie shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. Raffskie shall use its best endeavors to ensure that the software and website(s) used to operate its Contests and Giveaways perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. Raffskie shall not be held liable for any Contest or Giveaway entries that occur as a result of malfunctioning software or other event, including disconnected browsers.
- as a Backer or Entrant, you acknowledge and agree that Raffskie or any of its Sponsors, Affiliates, Partners or Suppliers are not responsible for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, or misdirected entries. Raffskie reserves the right, in its sole discretion, to modify or terminate the contests or giveaways in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the contest or giveaway.
- as a Backer or Entrant, you acknowledge, agree and consent to be contacted via email-text-phone by Raffskie or by any of Raffskie's Sponsors, Advertisers, Suppliers, Affiliates, Partners or Licensors as well as receive future Raffskie Contest or Giveaway Promotions. The Entrant can unsubscribe on future promotional or marketing emails at any time after the original transactional email ( welcome email ) has been sent with their Contest score or Giveaway number. As a Backer or Entrant, you acknowledge and agree that the Raffskie service is partly a Marketing and Promotional Platform for partner Sponsors/Affiliates/Advertisers and from time to time those Sponsors/Affiliates/Advertisers may choose to contact you via the information you provided as part of their ongoing marketing campaign. Again, the Backer or Entrant can unsubscribe at any time. As a Backer or Entrant, you also acknowledge and consent to be contacted as long as your email-phone number is entered in any one of our submission forms.
- as a Backer or Entrant, Subscriber or Contact you acknowledge and agree that while Raffskie makes your Privacy a top priority, email is not a secure form of communications and Raffskie is not responsible for lost, stolen or breaches of sensitive information.
- as a Backer or Entrant, you acknowledge and agree that Raffskie will take 7 days after the expiry date of a Contest or Giveaway to contact and verify the winner. If 7 days has past and there is no confirmation of identity then Raffskie reserves the right to either take the 2nd place entrant, the next sequential number (or) run a second draw with the remaining entries.
- as a Backer or Entrant, you acknowledge and agree that the winner will receive their prize 15-45 business days after the Contest or Giveaway winner has been contacted and verified. Winners are not required to pay for postage in order to receive their grand or bonus prize.
- as a Backer or Entrant, you acknowledge and agree that when a dispute is identified, Raffskie will do its best efforts, within reason to resolve the dispute in a timely matter.
Raffskie Official Contest Rules (Prize Notice) - Based on Skill
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Eligibility: This Campaign is open only to those who sign up at raffskie.com and who are 18 years of age or older as of the date of entry. In Campaigns where the prize is pharmaceutical a valid prescription is required from a licensed physician. (In some cases, Raffskie may require the winner to participate in some form of telemedicine in order to validate their prescription. There would be no cost to the winner.) The Campaign is only open to residents of the selected state, province, city, county or country listed in the description, and is void where prohibited by law. Residents of Colorado, Maryland, Nebraska, North Dakota and Quebec are currently prohibited from participating in a Raffskie Skill Contest that requires a consideration. Employees of Raffskie, its affiliates, sponsors, subsidiaries, advertising and promotion agencies, and suppliers and immediate family members and/or those living in the same household of employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited.
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Live Campaigns (vs) Backer Campaigns: Live Campaigns are actual Live Contests or Giveaways. Backer Campaigns are NOT Live Contests or Giveaways yet. Backer Campaigns are designed to create interest for a specific kind of Contest or Giveaway. They never go Live until the Campaign meets the minimum interest and goal. After which time every Backer automatically becomes an Entrant. A Backer Campaign on Raffskie is all-or-nothing. No one will be entered into a Contest or charged for a pledge towards a Backer Campaign unless it reaches the minimum requirement to go Live.
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Entrant (vs) Backer: An Entrant is someone who has successfully entered a Live Contest or Giveaway. A Backer is someone who pledges support for a specific kind of Contest or Giveaway in the hopes it will have created the minimum interest and requirement to go Live.
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Agreement to Rules: By participating, the Backer or Entrant ("You") agree to be fully unconditionally bound by these Rules, and You represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of Raffskie as final and binding as it relates to the content of this Campaign.
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Campaign Period: Entries will be accepted online, and the starting and end dates are provided in the description. All online entries must be received by the end date.
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How to Enter: The Campaign must be entered by submitting an entry using the online form provided at raffskie.com The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete, inaccurate, misleading or do not adhere to the rules or specifications may be disqualified at the sole discretion of Raffskie. You must provide the information requested. You may not enter more times than indicated by using multiple identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Raffskie. You as a Backer or Entrant give your express authorization to be contacted by either Raffskie or any one of its Sponsors, Advertisers, Affiliates, Partners or Suppliers.
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Prizes: The Winner(s) of the Campaign (the "Winner") will receive the prize with approximate value listed in the description. Actual/appraised value may differ at time of prize award. The FMV or ARV of each prize is located in the description. The specifics of the prize shall be solely determined by Raffskie. Any and all prize-related expenses, including without limitation any and all federal, state, provincial and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or request for the cash equivalent by Winner is permitted except at Raffskie's discretion. In some cases, the Winning prize supplied by a Raffskie sponsor, supplier, affiliate, partner or licensor may originate from outside the State, Province or Country. Personal Importation Laws relating to their own personal use may apply. The Winner acknowledges and agrees their prize will generally arrive by the US Postal Service but in some cases by other third-party vendors like FedEx, UPS Etc. In the case where the Prize is pharmaceutical, acceptance of the prize is confirmation that the Winner intends to use the prize for their own personal use. It is also accepted that a brand medication may be substituted for a permissible generic or chemical equivalent. Acceptance of the prize constitutes permission for Raffskie to use the Winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
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Odds: All Raffskie Contests are skill based. Odds of winning the Contest are based on the participants own ability.
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Winner Selection and Notification: To avoid any appearance of impropriety the Winner(s) are selected by having the highest score in the shortest amount of time. In the case of a tie or service malfunction, Raffskie might require the finalists to participate in a contest judged by a Raffskie representative. Contest examples could be a Photo Contest, Caption Contest, Selfie Contest or maybe a Short Story Contest on why winning the grand prize will have a significant impact in their life. Winners will be notified by email within seven (7) days following selection of the Winner. Raffskie shall have no liability for Winner's failure to receive notices due to spam, junk e-mail or other security settings or for Winner's provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner may be selected. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT RAFFSKIE'S SOLE DISCRETION) WILL RESULT IN WINNER'S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
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Rights Granted by You: By entering this content (e.g., information, photo, video, text, etc.), You understand and agree that Raffskie, anyone acting on behalf of Raffskie, and Raffskie's sponsors, affiliates, advertisers, partners, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, for 30 years and throughout the World, without limitation, your entry, name, information, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, you represent and warrant that your entry is an original work of authorship and does not violate any third party's proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Raffskie. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Raffskie, its Affiliates, Advertisers, Partners, Suppliers and Sponsors from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Raffskie, its Affiliates, Advertisers, Partners, Suppliers and Sponsors may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party's right. You will acknowledge and agree that Raffskie won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control.
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Terms & Conditions: Raffskie reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Raffskie's control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Raffskie may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Raffskie. Raffskie reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms of Use and Official Rules. Raffskie will maintain the records associated to each promotional campaign for at least 7 years. Raffskie has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, machine learning, macros, scripts, or other technical means for entering. Any attempt by a Backer or Entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Raffskie reserves the right to seek damages to the fullest extent permitted by law.
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Limitation of Liability: By participating as an Entrant or Backer, You agree to release and hold harmless Raffskie and its subsidiaries, suppliers, sponsors, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, economic loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrants or backers participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
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Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF CANADA AND BRITISH COLUMBIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in British Columbia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
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Privacy Policy: Information submitted by a Backer or Entrant is subject to the Privacy Policy stated on the raffskie.com website. To read the Privacy Policy, click here Privacy Policy.
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Winners List: To obtain a copy of the winner's name of a certain contest or a copy of these official rules, please write to us at 45041 Ocean Park, Surrey, BC V4A 9L1 Canada. Include your full name, phone number and mailing address.
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Prize Sponsor: The Sponsor for each Campaign is listed in the description.
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Administrator: The Administrator for each Campaign will be Raffskie.
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Facebook, Instagram, Twitter, Youtube, LinkedIn, Pinterest Disclaimer and Release: The Campaign hosted by Raffskie is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, Twitter, Youtube, LinkedIn or Pinterest. The Raffskie Contests are completely Independent of Facebook. You the Entrant acknowledge and agree to release all parties.
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By checking the Yes, I Agree Box, participating as a Backer or Entrant, submitting your name, email address using the online form provided at raffskie.com, You, the Backer or Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms of Use and Privacy Policy.
Raffskie Official Giveaway Rules (Prize Notice) - Based on Chance
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
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Eligibility: This Campaign is open only to those who sign up at raffskie.com and who are 18 years of age or older as of the date of entry. In Campaigns where the prize is pharmaceutical a valid prescription is required from a licensed physician. (In some cases, Raffskie may require the winner to participate in some form of telemedicine in order to validate their prescription. There would be no cost to the winner.) The Campaign is only open to residents of the selected state, city, province, county or country listed in the description, and is void where prohibited by law. Employees of Raffskie, its affiliates, sponsors, subsidiaries, advertising and promotion agencies, and suppliers and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited.
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Live Campaigns (vs) Backer Campaigns: Live Campaigns are actual Live Contests or Giveaways. Backer Campaigns are NOT Live Contests or Giveaways yet. Backer Campaigns are designed to create interest for a specific kind of Contest or Giveaway. They never go Live until the Campaign meets the minimum interest and goal. After which time every Backer automatically becomes an Entrant. A Backer Campaign on Raffskie is all-or-nothing. No one will be entered into a Giveaway unless the Backer Campaign reaches the minimum requirement to go Live.
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Entrant (vs) Backer: An Entrant is someone who has successfully entered a Live Contest or Giveaway. A Backer is someone who pledges support for a specific kind of Contest or Giveaway in the hopes it will have created the minimum interest and requirement to go Live.
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Agreement to Rules: By participating, the Backer or Entrant ("You") agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of Raffskie as final and binding as it relates to the content of this Campaign.
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Campaign Period: Entries will be accepted online, and the starting and end dates are provided in the description. All online entries must be received by the end date.
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How to Enter: The Campaign must be entered by submitting an entry using the online form provided at raffskie.com The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete, inaccurate, misleading or do not adhere to the rules or specifications may be disqualified at the sole discretion of Raffskie. You must provide the information requested. You may not enter more times than indicated by using multiple identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Raffskie. You as a Backer or Entrant give your express authorization to be contacted by either Raffskie or any one of its Sponsors, Advertisers, Affiliates, Partners or Suppliers. For an AMOE, mail to us at 45041 Ocean Park, Surrey, BC V4A 9L1 Canada. Entries must be received by the end date of each giveaway and will be treated of equal dignity.
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Prizes: The Winner(s) of the Campaign (the "Winner") will receive the prize with approximate value listed in the description. Actual/appraised value may differ at time of prize award. The FMV or ARV of each prize is located in the description. The specifics of the prize shall be solely determined by Raffskie. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or request for the cash equivalent by Winner is permitted except at Raffskie's discretion. In some cases, the Winning Prize supplied by a Raffskie sponsor, supplier, affiliate, partner or licensor may originate from outside the State, Province or Country. Personal Importation Laws relating to their own personal use may apply. The Winner acknowledges and agrees their prize will generally arrive by the US Postal Service but in some cases by other third-party vendors like FedEx, UPS Etc. In the case where the Prize is pharmaceutical, acceptance of the prize is confirmation that the Winner intends to use the prize for their own personal use. It is also accepted that a brand medication may be substituted for a permissible generic or chemical equivalent. Acceptance of the prize constitutes permission for Raffskie to use the Winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
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Odds: The odds of winning are located next to the description and depend on the number of eligible entries received.
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Winner Selection and Notification: To avoid any appearance of impropriety the Winner(s) will be selected by a random drawing or by community vote under the supervision of a Raffskie representative. Winners will be notified by email within seven (7) days following selection of the Winner. Raffskie shall have no liability for Winner's failure to receive notices due to spam, junk e-mail or other security settings or for Winner's provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner may be selected. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT RAFFSKIE'S SOLE DISCRETION) WILL RESULT IN WINNER'S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
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Rights Granted by You: By entering this content (e.g., information, photo, video, text, etc.), You understand and agree that Raffskie, anyone acting on behalf of Raffskie, and Raffskie's sponsors, affiliates, advertisers, partners, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, for 30 years and throughout the World, without limitation, your entry, name, information, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. Optional verbiage for Giveaways: By entering this content, you represent and warrant that your entry is an original work of authorship and does not violate any third party's proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Raffskie. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Raffskie, its Affiliates, Advertisers, Partners, Suppliers and Sponsors from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Raffskie, its Affiliates, Advertisers, Partners, Suppliers and Sponsors may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party's right. You will acknowledge and agree that Raffskie won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control.
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Terms & Conditions: Raffskie reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Raffskie's control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Raffskie may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Raffskie. Raffskie reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms of Use and Official Rules. Raffskie will maintain the records associated to each promotional campaign for at least 7 years. Raffskie has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, machine learning, macros, scripts, or other technical means for entering. Any attempt by a backer or entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Raffskie reserves the right to seek damages to the fullest extent permitted by law.
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Limitation of Liability: By participating as an Entrant or Backer, You agree to release and hold harmless Raffskie and its subsidiaries, suppliers, sponsors, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, economic loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrants or backers participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
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Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF CANADA AND BRITISH COLUMBIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in British Columbia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
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Privacy Policy: Information submitted by a Backer or Entrant is subject to the Privacy Policy stated on the raffskie.com website. To read the Privacy Policy, click here Privacy Policy.
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Winners List: To obtain a copy of the winner's name of a certain giveaway or a copy of these official rules, please write to us at 45041 Ocean Park, Surrey, BC V4A 9L1 Canada. Include your full name, phone number and mailing address.
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Sponsor: The Sponsor for each Campaign is listed in the description.
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Administrator: The Administrator for each Campaign will be Raffskie.
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Facebook, Instagram, Twitter, Youtube, LinkedIn, Pinterest Disclaimer and Release: The Campaign hosted by Raffskie is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, Twitter, Youtube, LinkedIn or Pinterest. The Raffskie Giveaways are completely Independent of Facebook. You the Entrant acknowledge and agree to release all parties.
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By checking the Yes, I Agree Box, participating as a Backer or Entrant, submitting your name, email address using the online form provided at raffskie.com, You, the Backer or Entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms of Use and Privacy Policy.
Outside the United States or Canada
We make no claims that the Site or any of its content is accessible, appropriate or legal outside of the United States or Canada. If you access the Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
Copyright Infringement & DMCA
As Raffskie asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Raffskie violates your copyright, you are encouraged to notify us. Raffskie will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Raffskie will terminate a visitor's access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Raffskie or others. In the case of such termination, Raffskie will have no obligation to provide a refund of any amounts previously paid to Raffskie.
Third-Party Sites
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Raffskie.
Modification of Agreement
As stated earlier, Raffskie reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use. Your continued use of the Site after such modifications to this agreement will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
Termination of Use
Raffskie may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Raffskie account (if you have one), you may simply discontinue using the Site. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
IN NO EVENT WILL RAFFSKIE, OR ITS SUPPLIERS, PARTNERS, SPONSORS, AFFILIATES, ADVERTISERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO RAFFSKIE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. RAFFSKIE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Warranty Disclaimer
THE SITE IS PROVIDED "AS-IS". RAFFSKIE AND ITS SUPPLIERS, PARTNERS, SPONSORS, AFFILIATES, ADVERTISERS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RAFFSKIE NOR ITS SUPPLIERS, PARTNERS, SPONSORS, AFFILIATES, ADVERTISERS OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE RAFFSKIE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, RAFFSKIE DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Governing Law
This Terms of Use agreement and your use of the Raffskie Site shall be governed by the laws of Canada and the Province of British Columbia without regard to its conflicts of laws principles. Any legal action or proceeding related to the Raffskie Site shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in British Columbia.
Indemnification
You further agree to indemnify, defend and hold harmless Raffskie and its suppliers, partners, sponsors, advertisers, affiliates, licensors, parent companies, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you've made to us. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the Site. Raffskie will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Term
When you sign up for the Service and become a Sponsor or an Affiliate you agree to these Terms, the Agreement between you and Raffskie is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have a Raffskie account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
Closing Your Account
You or Raffskie may terminate the Agreement at any time and for any reason by terminating your Raffskie account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account was a paid sponsored account, you will not receive a refund for that sponsored Raffskie promotion. We won't refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.
Account and Password
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account (other than activity that Raffskie is directly responsible for that isn't performed in accordance with your instructions), whether or not you authorized that activity. You'll immediately notify us of any unauthorized access or use of your accounts. We're not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don't have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
Account Disputes
We don't know the inner workings of your organization or the nature of your personal relationships. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we'll require you to resolve the matter through proper channels outside of Raffskie. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
Co-Sponsoring a Raffskie Contest or Giveaway
Each Raffskie Contest or Giveaway offers a different prize for different categories. The co-sponsorship fee will change depending on the type of contest, giveaway, prize or industry that has been selected for promotion.
Credit Cards
Any Sponsor, Affiliate or Advertiser using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed. In some cases, a faxed authorization payment form may be required on future sponsorships. The Sponsor, Affiliate or Advertiser understands and acknowledges that currently Raffskie will be using a Third-Party Processor for sponsorship transactions. Example: PayPal Virtual Terminal.
Refunds for Sponsors
We'll give you a refund for a Sponsored Contest or Giveaway if we abruptly stop providing the Service or terminate your account without cause. You won't be entitled to a refund from us under any other circumstances.
Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren't limited to, patents, trademarks, service marks, trade secrets, copyrights, content, and other intellectual property).
Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Raffskie in the course of using the Service ("Content"). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement.
Privacy Policy
Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.
Right to Review Campaigns
We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs ("Tools") that help us spot problem accounts and improve the Service. We use these Tools to find Sponsors or Affiliates who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Sponsors/Affiliates/Advertisers and their contacts-subscribers-entrants.
General Rules for Sponsors, Advertisers or Affiliates
By agreeing to these Terms, you promise to follow these rules:
- You won't send spam! We mean "spam" as it is defined on the Spamhaus website.
- You won't use purchased, rented, or third-party lists of email addresses.
Raffskie doesn't allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
- a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
- a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Raffskie Sponsor or Affiliate, please report it to us. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us.
Bandwidth Abuse/Throttling
You may only use our bandwidth for your Raffskie Services. We provide image and data hosting only for your Raffskie Promotional Email Campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.
Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You're responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, "EU Data Privacy Laws"), United States export control laws and regulations and economic sanctions laws and regulations ("U.S. Export Control Laws and Regulations"), or other applicable laws. If you're subject to regulations (like HIPAA) and you use the Service, then we won't be liable if the Service doesn't meet those requirements. While using the Raffskie service it is up to each Sponsor to be familiar with all the Do's and Don'ts for HIPAA-compliant email marketing or HIPAA Identifiers that are considered personally identifiable information or Protected Health Information (PHI). You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or other laws that apply to commerce. If you collect any personal information pertaining to a minor and store such information within your Raffskie account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or distribute Campaigns or other Content through the Service to anyone located in the EEA in creating your Campaign distribution list, sending Campaigns via the Service, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to Raffskie that:
- You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to Raffskie's Privacy Policy.
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Raffskie and to enable such data to be lawfully collected, processed, and shared by Raffskie for the purposes of providing the Service or as otherwise directed by you.
- You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
- You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Raffskie to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Statement.
In addition, if you are an EEA Sponsor, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
Export Controls
The software that supports the Service (the "Software") is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, "Export Control Laws"). Therefore, you agree that you won't, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons. It's important to note that this Section isn't meant to provide a comprehensive summary of the Export Control Laws that govern Raffskie, the Service, or the Software. You're downloading and using the Software at your own risk, and it's your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.
Legal Fees and Expenses
If we file an action against you claiming you breached these Terms of Use and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
Equitable Relief
If you violate these Terms of Use, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Disclaimers
We and our Team aren't responsible for the behavior of any third parties, including other Sponsors/Affiliates/Advertisers.
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Force Majeure
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
Severability
If it turns out that a section of these Terms of Use isn't enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
Interpretation
The headers and sidebar text are provided only to make these Terms of Use easier to read and understand. The fact that we wrote these Terms won't affect the way the Agreement is interpreted.
Amendments and Waiver
Amendments or changes to the Agreement won't be effective until we post revised Terms of Use on the Website. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms of Use, and we may still take action at some point.
No Changes in Terms at Request of Sponsor or Affiliate
We can't change these Terms of Use for any one Backer, Entrant, Sponsor, Advertiser, Affiliate or Group.
Further Actions
You'll provide all documents and take any actions necessary to meet your obligations under these Terms of Use.
Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Campaign distribution lists (each a "List"), we'll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you'll promptly do so.
Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when received by mail to 45041 Ocean Park, Surrey, BC V4A 9L1 Canada