Terms & Conditions

Sponsored By: The Unity Rally, Inc., A Non-Profit Organization in Metro Atlanta, GA

Prizes: Are the items offered by the sponsor to be won in the drawing.

Drawing: Is the processes used by The Unity Rally, Inc. to determine the winner(s) for the various prizes that are being offered via the Christmas Gifts Under Every Tree Donator Appreciation Drawing

Entrants: Are persons over the age of 18 that make a $5.00 or more donation to Christmas Gifts Under Every Tree.

General:

1 - By entering the drawing, entrants are deemed to have read and accepted these Terms and Conditions and agree to be bound by them. Entrants acknowledge and agree that in accepting these Terms and Conditions they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether or not such person is a party to these Terms and Conditions).

2 - Upon entering the drawing, all entrants must submit all contact details requested by the sponsor (which must include a valid e-mail address) which will be used for the following purposes: (a) For general email marketing and to notify the winner that they have won the prize; (b) to post the winner's name and town of residence on the website. (c) To comply with the Privacy Policy. If this condition is not met the entry will be invalid.

3 - Entrants are responsible for providing the sponsor with accurate and current contact details.

4 - The sponsor will be in no way liable for any failure or inability to make contact with any entrant for any reason including reason of any errors, omissions or inaccuracies in the contact details provided by the entrants or otherwise.

5. Privacy Policy - The entrants and the sponsor recognize that the sponsor may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the entrants to the sponsor to administer the Website and conduct the drawing according to these Terms and Conditions. The entrants and the sponsor also recognize that the sponsor may (either by choice or at the request of a third party) also disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons.

6 - The drawing is operated by the sponsor.

7 - The drawing is open for entry to anyone aged 18 or over, excluding the sponsor, their family, agents, employees, professional advisers or anyone else connected with operation of the drawing sponsor. Any Entrant submitting an Entry in contravention of this condition shall have his/her Entry disqualified.

8 - Entries are valid only if made via the Website in accordance with these Terms and Conditions.

9 - By entering into the drawing, all entrants acknowledge that their donation does not guarantee in any way that they will win one of the Prizes.

10 - The sponsor does not in any way guarantee the value of any of the Prizes.

11 - The Entrants recognize that the drawing, and winning one or more of the prizes, is not allocated and is wholly by chance.

12 - The entrants and the sponsor recognize that the drawing, its administration and all associated activities, are all governed by the raffle Laws of The State of Georgia, and the sponsor and entrants recognize that the Rockdale County or The State of Georgia shall have exclusive jurisdiction in the event of any dispute arising out of the drawing or its administration. Entrants who are not USA residents warrant by their entry into the drawing that they are not in contravention of the laws of their country of residence. The sponsor accepts no liability for Entries submitted by Entrants in contravention of the laws of their country, state, or county of residence.

13 - By entering the drawing, entrants warrant that all information which they submit is accurate, true, current and complete. The sponsor reserves the right to disqualify any entrant (entirely at their own discretion) if there are reasonable grounds to believe the entrant has acted in breach of any of these Terms and Conditions.

14 - An individual Entrant is not limited to any maximum number of entries.

15 - The sponsor is not responsible or liable in any way for the valuations given of the prizes by any party and makes no representation or warranty in respect of the valuation accuracy.

16 - Entrants will receive an EventBright confirmation email, upon acceptance of each donation, and that notification will be confirmation that the donation/entry has been accepted.  


17 - The sponsor reserves the right to amend the Terms and Conditions at any time, and for any reason. Any amendment will be valid from the time that the amended Terms and Conditions are posted on the website.

18 - Any donations made in connection with the drawing are to be made in USA Dollars.

19 - The purpose of the drawing is to win one of the Prizes, and to show appreciation for donations made to the GA 501-C3 Non-Profit Corporation, The Unity Rally, Inc.


20 - The Prizes will be transferred to the Winners with clear title and free from any claims.

21 - English is the only language in which an Entrant may submit an Entry, or communicate with the sponsor.

22 - The process to determine the Winner will take place at the moment of the drawing; December 20, 2014, beginning at or around 8:00pm. The winner, for each prize, will be notified within 5 business days of the drawing, and the winner must make arrangements to: be available to take possession of the prize or mmake arrangements to have it delivered to wherever they desire.  Items that are not claimed within 60 days of the December 20, 2014 drawing will go through a second chance drawing, selecting a new winner, and the original winner will forfeit any and all rights to that item.

23 - The drawing donations must be $5.00 or more, is payable through the website.

24 - Each item will have its own seperate drawing.

25 - The entrants name will be enetered for each donation, of $5.00 or more, received via the website.

26 - Entry to the  drawing will only be confirmed after successful donation submission. of an Entry,

27 – Each drawing item will have a separate drawing, all conducted simultaneously during the December 20, 2014 drawing.

28 - All Entries to the drawing are final, and no refunds shall be made at any time or for any reason. All Entries become the property of the sponsor, upon successful submission to the drawing.

29 - This Web site (the "Site"), UnityRally.org, is owned and operated by The Unity Rally, Inc. Your use of the Site signifies your agreement to be bound by these Terms and conditions. It also signifies that you have read and agreed to the Limitation of Liability, Disclaimer, Ownership of Trademarks, Copyrights, and Intellectual Property; which is hereby incorporated by reference.

30 - The sponsor’s decision in respect of any other matter or dispute arising from the payment or awarding or non-payment or non-awarding of Prizes shall be final and binding upon all entrants and any other person or persons having any interest in the matter or dispute. No correspondence will be entered into about the results of any drawing following the determination of the Winners.

31 - Each entrant agrees that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this drawing.

32 - If any Winner cannot be contacted by the sponsor within 28 days of being notified of their status, as the Winner, by e-mail, telephone or mail to the contact details submitted in their entry, the sponsor shall be entitled to award the Prize to the Entrant selected by a second chance drawing. This second chance winner shall have 7 days from notification of their status by the sponsor to communicate their acceptance of the Prize. If there is no response, within 60 days, from the second chance winner, the said prize is forever forfeited by said winner and becomes the property of The Unity Rally, Inc to be used in future drawings.

33 - (a) If a Winner declines to accept the Prize then the sponsor shall be entitled to award the Prize to a second chance entrant, selected by drawing another Entry in the same way as before. This further winner shall have 60 days from notification of their status by the sponsor to communicate their acceptance of the Prize, otherwise said prize is forever forfeited by said winner and becomes the property of The Unity Rally, Inc. to be used in future drawings.

(b) If awarding any Prize to a Winner is found to be a breach in the Laws of their, country, state, or county, the sponsor shall be entitled to award the Prize to the Entrant selected by a second chance drawing. This further winner shall have 60 days from notification of their status by the sponsor to communicate their acceptance of the Prize, otherwise said prize is forever forfeited by said winner and becomes the property of The Unity Rally, Inc. to be used in future drawings.

34 - Any Winner will accept the Prizes in it's present physical state, at the date of the transfer of ownership to them.

35 - If no correct Entry is received then there is no Winner of the drawing.

36 - The Closing Date is advertised on the web site and it applies to each item included in the drawing.

37 - Any Winner agrees to allow the sponsor to display his or her name and photo on the Website in accordance with the Privacy Policy. The name, age, photo and town of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the drawing within 5 days of the Winner being determined.

38 – Any, and all, winners agree to media coverage if the opportunity is available.

39 - Entrants authorize the sponsor to enter their personal details into their database and to use the information for marketing and in general accordance with the provisions of the Data Protection Act and subject to the terms of Privacy Policy.

40 - The sponsor reserves the right to cancel any drawing at any time either before or afterdonations have been accepted. If a drawing is cancelled, the sponsor will offer toreturn the donations to each Entrant (either by bank card refund or by check and in one combined payment (where several entries have been made by an Entrant). Where the Entry Fee is returned, the sponsor shall have no further liability to the Entrant or to any other person.

41 - The sponsor makes no representation or warranty as to the valuation of the Prizes, its structural or cosmetic condition, its ability to be used for the purpose expected, or its ability to be sold. Entrants should make and rely on their own enquiries and legal advice about the Prizes before entering the drawing. In general terms, It is understood and accepted that some of the prizes may not be brand new, and the sponsor may not be held responsible in those circumstances for any loss or damage that may occur to an entrant or their representative from using or having the benefit and enjoyment of the prize.

42 - The sponsor shall not in any circumstances be liable for any loss of whatever nature, including, without limitation, loss of profits, indirect, special or consequential loss, suffered or incurred by any Entrant, any claimant or any other person arising from the participation or non-participation of any person in the drawing including the loss, for whatever reason, of the chance to participate in the drawing. In particular, but without prejudice to the generality of the foregoing, the sponsor shall not be liable to any person:

(a) for any event beyond the sponsor’s reasonable control including, but without limitation, any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;

(b) for the failure of, or damage or destruction to, or any errors caused by the computer systems or records of the sponsor or any third party (including, without limitation, the Website and/or the computer server), or any part of any of the foregoing;

(c) for delays, losses, errors or omissions in or made by any delivery service or by the banking system. In particular if the bank with which the Entry fees are maintained should fail and the money is lost (in whole or in part) then the drawing shall close and any funds left will be dealt with in accordance with condition40;

(d) for any other action or event which prevents or hinders the conduct of the drawing;

(e) for the refusal to allow any person to enter the drawing;

(f) for any losses caused by Entrants including misuse or unauthorized use of passwords or mobiles, money lost by entering the drawing and failure or malfunction of the equipment or technology of the relevant Entrant or his internet service provider or mobile telecommunications network operator.

(g) for any loss incurred as a result of any act or omission of the sponsor or their agents in developing, planning and administrating the drawing transferring the Prizes or distributing the Prize Fund to the Winner, or following the transfer of the Prizes or distribution of the Prize Fund.

(h) for any loss suffered by an Entrant as a result of incomplete Entries or failed computer communications or for any loss suffered as a result of use of the Website.

(i) for the Prizes being unusable for occupation or use or unsuitable for the requirements of the Winner at the date on which ownership is transferred to the Winner as a result of any damage or event

43 - The sponsor accepts no liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website. It is the responsibility of each Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of this website.

44 - The sponsor may introduce a counter onto the Website at any time in order to indicate the current level of entries accepted

45 - The sponsor does not accept responsibility for entries which they do not receive due to failures in computer systems, other malfunctions, high Internet traffic, hardware failure, software failure, server faults or any other reason. It is the responsibility of the Entrants to contact the sponsor if they have not received confirmation of their entry, the sponsor is not responsible for the transaction.

46 - These Terms and Conditions shall not create or be construed as creating any form of contract, joint venture or other agreement between any Entrant and the sponsor.

47 - An entry shall be declared void (without any refund being given) if the entrant engages in: (a) any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorized use.

48 - It is the responsibility of each Entrant to retain a copy of these Terms and Conditions for their future reference and as evidence that their Entry has been successfully submitted.

49 - Nothing in these Rules shall exclude or limit any person’s liability which it is not lawfully permitted to exclude or limit.

Disclaimer

THE UNITY RALLY, INC. ACKNOWLEDGES THAT THE COMPANY, EVENTBRITE, IS PURELY THE ECOMMERCE SERVICE THAT PROVIDES THE MEANS BY WHICH INDIVIDUALS MAY make donations that allow them to enter the Christmas Gifts Under Every Tree Donator Appreciation Drawing, AND IS NOT A SPONSOR OR ADMINISTRATOR OF THE UNITY RALLY INC. drawing, AND IS NOT IN ANY WAY AFFALIATED WITH THE UNITY RALLY, INC.


THE UNITYRALLY, INC. INDEMNIFIES EVENTBRITE FROM ANY CLAIM, LOSS, OR DAMAGE THAT MIGHT ARISE FROM THE OPERATION OR PROMOTION OF THIS drawing.


THE UNITY RALLY, INC. RELEASES EVENTBRITE FROM ANY AND ALL LIABILITES RELATED TO THIS DRAWING..

THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE UNITY RALLY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. THE UNITY RALLY, INC. DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. RD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE UNITY RALLY, INC.) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation and Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE UNITY RALLY, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF THE UNITY RALLY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE UNITY RALLY, INC. TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE UNITY RALLY, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE UNITY RALLY, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO THE UNITY RALLY, INC., IF ANY, FOR ACCESSING THIS SITE.

Ownership of Trademarks, copyrights, Intellectual Property

The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to The Unity Rally, Inc. and are owned by The Unity Rally, Inc. and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by The Unity Rally, Inc., you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").

Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of The Unity Rally, Inc. and/or its licensors and content providers and constitutes a violation of these Terms and Conditions. Any violation of copyright laws may be subject to severe civil and criminal penalties.