Small Biz Raffle Terms of Participation

Last Updated: 10/29/2023

Ticket Island, Inc. (“Ticket Island,” “we” or “us”) is inviting small business owners to apply to become a participant in our Small Biz Raffle Fundraiser Event (“Small Biz Raffle”). Eligible individuals and entities that become “Participants” will receive certain tools and resources to assist them in their rallying efforts. Participants are expected to conduct themselves and their rallying efforts in a manner consistent with the values of Ticket Island and the Small Biz Raffle Fundraiser Event.

By submitting to be a Participant, you agree to be bound by the terms and conditions of this Small Biz Raffle (the “Small Biz Raffle Participation Terms”). You also agree that the decisions of Ticket Island with respect to the interpretation and application of these Small Biz Raffle Participation Terms – including decisions about your eligibility to become a Participant – will be final and binding and made by Ticket Island in its sole discretion. Ticket Island reserves the right to modify these Small Biz Raffle Participation Terms at any time. We will indicate that changes have been made by updating the “Last Updated” date above and posting updated Small Biz Raffle Participation Terms at https://www.ticketisland.net/small-biz-raffle/participation-terms. Your continued participation in the Small Biz Raffle after the Small Biz Raffle Participation Terms have been modified constitutes your agreement to the updated Small Biz Raffle Participation Terms. 

SUBMISSION PROCESS

In order to become a Participant, eligible small business owners must submit a completed online submission form at https://www.ticketisland.net/small-biz-raffle while Ticket Island is still accepting submissions, which must include (i) certain information about themselves and the organization they are part of, (ii) details of their plan to contribute gift cards/certificates which will be redeemed for products and/or services available within the participating business, (iii) details on how they will get people in their community to participate, and (iv) details on how they will encourage participation in this Small Biz Raffle. The eligibility criteria and plan criteria are set forth below. After we receive your completed submission, we and/or our designees will review it and notify you by email whether your submission has been approved. 

Eligibility Criteria: In order to be eligible to become a Small Biz Raffle Participant, you must be:

  • A registered small business in good standing with the corresponding state’s Secretary of State.
  • Located in the United States or the U.S. territories (together, the “Small Biz Raffle Territory”).

By submitting to become a Small Biz Raffle Participant, you represent and warrant that you meet the foregoing eligibility criteria. You may not be eligible to become a Small Biz Raffle Participant if you are a government agency, public administration organization, charity, religious organization, gas station, businesses located on the same premises as a gas station, non-profit, trade association, shopping property management company, direct seller, travel agent or political organization or if you manufacture, promote or sell pornography, sexual aids, gambling, liquor, firearms or other weapons, or any sensitive or controversial topics with respect to current events or otherwise participate in activities that we determine to be inconsistent with the values of Ticket Island or the Small Biz Raffle Fundraiser Event.

Submission Criteria: Your plan to encourage your community to support this Small Biz Raffle throughout the course of this fundraiser event must be within the guidelines provided in these participation terms. There is no limit on the number of events and/or activities you can organize during this fundraising event and you do not need to have all such events or activities planned at the time you make your submission. Plans included as part of your initial submission and/or organized following acceptance to the Fundraiser Event that included proposed events/activities or examples of past activities that are deemed by Ticket Island to be unsafe, unlawful, discriminatory, defamatory, infringing on the rights of any person or entity, or otherwise inappropriate or inconsistent with the values of Ticket Island or the Small Biz Raffle Fundraiser Event will be disqualified from consideration. You agree that you are solely liable and responsible for any events, activities and other promotional efforts that you may undertake in connection with Ticket Island or the Small Biz Raffle Fundraiser Event, including but not limited to, adherence to all state and local laws, health and safety guidelines and for any cost related thereto and for obtaining any necessary permits or permissions in connection with such efforts. 

Gift Card Criteria: If approved to become a Small Biz Raffle Participant, you must:

  • Contribute three gift cards/certificates ($100 each) for your organization.
  • Gift cards are redeemable for products/services only and not for cash, except as required by law.
  • Gift cards cannot expire 12 months prior to the date distributed for this fundraiser event.
  • Have a clear gift card policy that includes:
    • Gift cards must clearly disclose the expiration date.
    • Tell customers how they can use their gift cards.
    • Explain the way customers can check gift card balances.

COUNTDOWN EMAILS & EVENT KITS

As part of the Fundraiser Event, we will send Participants periodic emails containing tips and downloadable resources (the “Countdown Emails”), and a Small Biz Raffle kit containing items applicable for your organization and/or event or activity to help you safely promote events and activities (the “Event Kit”), while supplies last. Please note that Event Kits are subject to availability, the items provided in any Participant’s Event Kit may vary based on your organization and will be provided only while supplies last. Event Kits will not be shipped to P.O. Boxes or APOs.

If and when you post on social media about your (i) role as a Small Biz Raffle Participant, (ii) your event, or (iii) Small Biz Raffle Fundraiser Event (collectively, “Small Biz Raffle Topics”), you agree to include the following hashtags in your in each post: #SmallBizRaffle, #TicketIsland and #SupportSmallBusiness. In the event that you make any other public statements about Small Biz Raffle Topics, you agree to clearly and conspicuously disclose that you have been invited by Ticket Island to act as a Participant in the Small Biz Raffle Fundraiser Event.

THE COUNTDOWN EMAILS, EVENT KITS AND OTHER INFORMATION, RESOURCES AND MATERIALS THAT MAY BE PROVIDED OR MADE AVAILABLE BY OR ON BEHALF OF TICKET ISLAND IN CONNECTION WITH THE SMALL BIZ RAFFLE (THE “PARTICIPANT RESOURCES”), CONTAIN IDEAS, DESIGNS, GRAPHICS, TRADEMARKS, TRADE NAMES, LOGOS, HASHTAGS AND OTHER PROPRIETARY MATERIALS THAT ARE THE INTELLECTUAL PROPERTY OF TICKET ISLAND. BY AGREEING TO THESE SMALL BIZ RAFFLE PARTICIPANT TERMS, YOU ACKNOWLEDGE AND AGREE THAT TICKET ISLAND IS GRANTING YOU A LIMITED RIGHT TO USE THE PARTICIPANT RESOURCES AS SET FORTH HEREIN AND IN THE SMALL BIZ RAFFLE PARTICIPANT RESOURCES.

Except with respect to materials where certain alterations are specifically intended by Ticket Islnad (such as, sample emails, social postings and press release templates), Participant Resources may not be modified in any way, except as expressly directed or authorized by Ticket Island in writing. To the extent that any alterations or modifications are made to any of the Participant Resources, those modifications (and any materials used in connection therewith) may not include any statement, opinion, information or other content, or be incorporated into any web page, sign, banner or other marketing material that contains content that:

  • Is fictitious, false, inaccurate or misleading.
  • Is defamatory or disparaging of any person or entity.
  • Contains any profanity or is otherwise obscene, pornographic or offensive.
  • Promotes any illegal or unlawful product or service or suggests, encourages or promotes the violation of any laws, rules or regulations.
  • Infringes the rights of any person or entity, including rights of privacy, publicity or intellectual property.
  • Promotes or advocates for any sensitive or controversial topic.
  • Is otherwise inconsistent with the values of Ticket Island or the Small Biz Raffle Fundraiser Event.

WE MAY TERMINATE YOUR RIGHT TO USE THE PARTICIPANT RESOURCES IF YOU (I) ALTER OR MODIFY THEM IN ANY WAY IN VIOLATION OF THESE PARTICIPATION TERMS, (II) USE THEM INAPPROPRIATELY, IN A MANNER INCONSISTENT WITH THE VALUES OF TICKET ISLAND OR THE SMALL BIZ RAFFLE FUNDRAISER EVENT, OR CONTRARY TO OUR EXPRESS DIRECTION, OR (III) YOU OTHERWISE BREACH THESE PARTICIPATION TERMS.

YOU ACKNOWLEDGE AND AGREE THAT ANY IDEAS, TIPS, SUGGESTIONS, OPINIONS, INFORMATION OR ADVISE CONTAINED IN THE PARTICIPANT RESOURCES OR OTHERWISE PROVIDED IN CONNECTION WITH YOUR PARTICIPATION IN THE SMALL BIZ RAFFLE ARE FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON TO REPLACE THE ADVISE OF YOUR OWN PROFESSIONAL LEGAL, TAX AND FINANCIAL ADVISORS.

EVENT KITS ARE LIMITED TO ONE PER PARTICIPANT AND ARE AVAILABLE ONLY WHILE SUPPLIES LAST. THE CONTENTS OF EACH KIT MAY VARY. TICKET ISLAND MAKES NO GUARANTEES WITH RESPECT TO THE MINIMUM NUMBER OF ITEMS THAT ANY EVENT KIT WILL CONTAIN OR THE DATES BY WHICH EVENT KITS WILL BE DISTRIBUTED.

ITEMS CONTAINED IN THE EVENT KIT ARE PROVIDED TO HELP SET UP FOR YOUR EVENTS OR ACTIVITIES THAT YOU COORDINATE FOR THE SMALL BIZ RAFFLE FUNDRAISER EVENT, OR TO BE DISTRIBUTED EITHER TO SMALL BUSINESS OWNERS IN YOUR COMMUNITY OR CONSUMERS WHO PARTICIPATE IN THOSE EVENTS OR ACTIVITIES. THEY ARE NOT FOR THE PERSONAL USE OF SMALL BIZ RAFFLE PARTICIPANTS OR THE EMPLOYEES OF SMALL BIZ RAFFLE PARTICIPANTS (AS APPLICABLE) AND ARE NOT FOR RESALE.

DISCLAIMER OF WARRANTY: TICKET ISLAND IS PROVIDING THE FUNDRAISER EVENT, THE COUNTDOWN EMAILS, THE EVENT KIT AND ANY AND ALL TOOLS AND RESOURCES CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND TIMELINESS, TO THE FULLEST EXTENTS PERMITTED BY LAW. TICKET ISLAND IS NOT RESPONSIBLE FOR REPLACING OR SUBSTITUTIING ANY ITEMS THAT ARE DAMAGED OR DEFECTIVE.

REVENUE SHARE, FEES & PAYOUTS

Gross revenue collected from raffle ticket sales will be stored in a non-interest-bearing bank account belonging to Ticket Island. Sales revenue less any applicable fees are divided between each participant and distributed within 5 business days after the fundraiser event ends.

Fees: The following fees are collected from gross raffle ticket sales:

  • Service Fee (5% + $1.50 per ticket sold): Order fulfillment technology costs.
  • Processing Fee (2.9% + $0.30 per transaction): Payment processing and fraud monitoring costs.
  • Admin Fee (5% of sales revenue): Marketing, advertising, and administrative costs.

Payouts: In order to process payouts, each participant must provide the following:

  • Complete Form W-9
  • Complete a Direct Deposit Form

REJECTION, TERMINATION & OTHER REMEDIES OF TICKET ISLAND

The Small Biz Participant Resources are provided subject to a limited license in order to assist you in your efforts to organize events and activities to rally your community in connection with Ticket Island and to support the Small Biz Raffle Fundraiser Event. Notwithstanding anything to the contrary in these Participation Terms or elsewhere, Ticket Island and/or its designees reserve the right to reject your submission or terminate your participation in the Fundraiser Event at any time and for any reason, including, without limitation, if we/they determine, in our/their sole discretion, that you are not in compliance with and/or have violated these Participation Terms.

Termination of your participation in the Fundraiser Event will automatically terminate your right to use the Participant Resources and any other tools, tips, resources, logos and other materials made available in connection with Ticket Island or the Small Biz Raffle Fundraiser Event.

IN ADDITION, ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE FUNDRAISER EVENT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TICKET ISLAND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 

MODIFICATION & CANCELLATION OF THE FUNDRAISER EVENT

Ticket Island reserves the right to modify or cancel the Fundraiser Event at any time at its discretion without prior notice or liability to you.

NAME & TRADEMARK LICENSE

By submitting to become a Participant, you are granting Ticket Island the right and license to include (i) your name (if you are participating as an individual) or the name and/or logo of your organization (if applicable) (your “Name”), (ii) a link to your or your organization’s social media handle(s) and/or the URL of your organization’s official website and/or branded web page(s), (iii) your statements, social media posts and other descriptions about your plan, your organization (if applicable), Small Biz Raffle and/or the Small Biz Raffle Fundraiser Event (your “Statements”), and (i) statements, quotes, descriptions, photos, drawings, screenshots, clippings and other images and depictions of your organization (if applicable) and/or the events and activities that you plan or organize for the Small Biz Raffle Fundraiser Event (the “Depictions”) on https://www.ticketisland.net/small-biz-raffle and other web pages or social media accounts dedicated to, or otherwise promoting or addressing, Small Biz Raffle Fundraiser Event (including the right to re-tweet, share or re-post any social media posts that you or your organization publishes), in perpetuity, in any and all media, including as such materials may be displayed, performed or distributed by agents of Ticket Island or supporters of the Small Biz Raffle Fundraiser Event, without any compensation or other obligation to you. You further grant Ticket Island the right and license to use, publish and incorporate any and all feedback, ideas, comments, suggestions and concepts shared or contributed by you relating to the Small Biz Raffle Fundraiser Event (your “Feedback”) in perpetuity for any purpose without any compensation or other obligation to you. Ticket Island has the right to modify, edit, shorten, alter and combine with other material your Statements, the Depictions and/or your Feedback as long as the essence of the Statement, Depiction or Feedback is maintained. You acknowledge that Ticket Island has no obligation to exercise any of the foregoing rights.

You further acknowledge that Ticket Island may have developed or may develop ideas and concepts similar or identical to the ideas and concepts that you develop for the Small Biz Raffle. Nothing shall restrict the right of Ticket Island to create, protect (whether by patent, trademark, copyright, trade secret or other means), procure or market any programs, products or services whether relating to the Small Biz Raffle or otherwise, and you agree not to challenge or make claims against or to such Ticket Island programs, products or services.

You agree that the rights granted by you in these Small Biz Raffle Participation Terms do no conflict with any commitment on your or your organization’s part. You agree that your Statements and Feedback will (i) reflect your honest opinions, beliefs, and experiences; and (ii) not include representations that are untrue, misleading, unsubstantiated or deceptive. You agree to immediately notify Ticket Island of any material changes in beliefs, findings or opinions that you have expressed publicly and/or to Ticket Island.

REPRESENTATIONS & WARRANTIES

You represent and warrant that you have the right to enter into this agreement on behalf of your organization and taht the information contained in your submission is complete, accurate and up-to-date, and that, as a Participant, you will not organize or host any event or activity, or conduct yourself in a manner, that (i) will violate any applicable laws, rules or regulations, (ii) is discriminatory, defamatory, disparaging or will otherwise infringe the rights of any person or entity, including rights of privacy, publicity, or intellectual property, (iii) breaches the policies or terms of use of any website (including, for example, any website on which you post content and/or participate in discussions in connection with your participation in the Small Biz Raffle), or (iv) is profane or offensive, inappropriate or otherwise inconsistent with the values of Ticket Island or the Small Biz Raffle Fundraiser Event.

GENERAL RELEASE/LIMITATION OF LIABILITY

You hereby agree to release, discharge, indemnify and hold harmless Ticket Island, its parent, affiliates, direct and indirect subsidiaries, licensees and their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) from any and all losses, injuries, damage and liability of any kind to persons, including death, or to real, tangilble or intangible property resulting, in whole or in part, directly or indirectly, from your participation in the Small Biz Raffle. You acknowledge and agree that the Released Parties are not responsible for undelivered, late, incomplete or inaccurate submissions, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, or failed or misdirected transmissions or computer hardware or software malfunctions, failure or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Small Biz Raffle. You further acknowledge and agree that the Released Parties are not responsible for any loss, injury or damage to property related to or resulting from the download of any materials or use of any website connection with the Small Biz Raffle, Ticket Island or the Small Biz Raffle Fundraiser Event. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT.

GOVERNING LAW

Any and all disputes, claims or actions arising out of or relating to these Participation Terms, the Small Biz Raffle or the Small Biz Raffle Fundraiser Event, including the enforcement and interpretation of these Participation Terms (“Disputes”) shall be governed by the substantive laws of the state of Illinois without regard to conflict of law principles, and shall be brought solely within the state of Illinois and county of Cook.

DISPUTES

You agree that any Disputes shall be, upon the election of either you or us, submitted for binding arbitration, which shall take place in the state of Illinois, Cook County pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. No arbitration award or decision on any Disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. You are we will be responsible for paying your and our respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules. The provisions of this paragraph may be enforced in a court of competent jurisdiction.

THIRD-PARTY BENEFICIARIES

Except as otherwise expressly set forth herein, these Participation Terms are for the sole benefit of you and us and your and our respective successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than you and us any legal rights hereunder.

TERMS

The term of these Participation Terms shall begin on the date you submit your completed online submission form and shall continue until the submission process for the Fundraiser Event opens. For the avoidance of doubt, if you wish to participate in the Small Biz Raffle Fundraiser Event as a Participant (should it be offered), you will be required to complete a submission for consideration.

ASSIGNMENT

You may not assign any of your rights or delegate any of your obligations under these Program Terms without the prior written consent of Ticket Island. Any purported assignment or delegation in breach of this provision will be null and void. 

ONLINE PRIVACY STATEMENT

Any information that you provide to Ticket Island in your submission or otherwise in connection with the Small Biz Raffle will be governed by the Ticket Island Privacy Statement available at https://www.ticketisland.net/privacy. 

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