Last Updated: 04/2019
Acceptance
By visiting and/or using any RAVEN5 website, and/or entering any contractual agreement with RAVEN5 you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”). These Terms of Service form a legally binding agreement between you and RAVEN5 in relation to your use of the websites or services. It is important that you take the time to read them carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the services under the laws of the Canada or other countries including the country in which you are resident or from which you use the services, then you may not use the services and may not accept this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service. Your continued use of the Website(s) and/or the services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the Website(s) or the services. It is your responsibility to regularly review these Terms of Service.
The terms of any signed proposal or additional agreement you have entered into with RAVEN5 will take precedence over these Terms if there is any conflict of information.
Data Usage
RAVEN5 collects personally identifiable information for the use of its client Sponsors and to assist the Sponsor(s) in the administration of services such as Promotions. Such use may include notifications related to the Promotion, assistance to the Sponsor(s) with prize fulfillment and marketing analysis, submission of information to third-parties selected by the Sponsor. RAVEN5 limits access to all personally identifiable information gathered within its organization and data is never shared outside of the company, with the exception of the Sponsor of the Promotion and designated administrators of the Sponsor, or to comply with governmental or legal requests, except via direct authorization by the Client in the case of a joint sponsorship marketing or Promotions campaign or other Client Sponsor authorized activity. Personally identifiable information collected from different Sponsor Promotions is never shared with anyone other than the Sponsor on whose behalf the information was collected, (except as limited above) and the information belongs to that Sponsor and is to be used solely in accordance with that particular Sponsor’s Privacy Policy. If individual Users or Entrants desire to “opt out” of the receiving marketing or other information from your Website that User or Entrant’s action will be handled in accordance with your Privacy Policy. RAVEN5 requires, and you agree, to use the data which RAVEN5 collects on your behalf in accordance with generally accepted privacy standards for both offline and online data which includes your provision of an “opt out” method for individuals who have provided personally identifiable information. You are responsible to secure and maintain the data RAVEN5 collects on your behalf when such data is in your possession.
RAVEN5’s proprietary Promotion technology also has the ability to collect data other than personally identifiable information for various kinds of Promotions it facilitates online. RAVEN5 may collect information about the User/Entrant’s computer configuration, such as browser type, operating system, or ISP domain name. RAVEN5 may collect information about the site the User/Entrant last visited prior to the Promotion or about User/Entrant activity during its visit to the Promotion site. This information may be used by RAVEN5 to administer the technical and operational aspects of this site and may include using User/Entrant IP address to help diagnose problems with our server. User/Entrant IP addresses may also be used to gather broad demographic information for aggregate use. RAVEN5 may use a cookie, a piece of data stored on the User’s hard drive containing information about the User, to assist in performing some or all of these activities and also to limit Entrant’s ability to play a Promotion more times than allowed, if such a restriction applies to your Promotion.
Promotions and Media
Sponsors distribute Promotions and other media utilizing tools/services offered on the websites by RAVEN5 and Entrants and Users may enter or engage with such Promotions and media.
Entrants are required to agree to the Sponsor’s terms of use including all linked terms, conditions, and policies before entering any Promotion. You acknowledge that RAVEN5 is not responsible or liable for the failure of any User or Entrant, (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any of your Promotions.
In the event that Users provide you with personally identifiable information, you acknowledge and agree that RAVEN5 is not responsible or liable for Sponsor’s use or distribution of information provided by Users. You further agree to hold harmless RAVEN5 and its parent companies, affiliates, 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) arising from your use of the Service. Your agreement to hold us harmless includes, without limitation, all of your claims related to the posting or removal of Content, User Content, or entries to or from the websites.
Intellectual Property Rights
The content on the Website and the services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are either owned by or licensed to RAVEN5 or the Sponsors, and are subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. RAVEN5 reserves all rights not expressly granted in and to the Website and its Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Website for any commercial purposes.
RAVEN5’s and Third Parties’ Websites and Services
These provisions for Service apply to all Users and Entrants of the RAVEN5 websites and/or the Sponsor’s services and websites, including Users who are also contributors of user submitted content, information, and other materials or services on the websites.
Promotion content may contain links to Sponsor websites and/or third-party websites that are not owned or controlled by RAVEN5 and, in order to access some features of the Promotion which are provided by, with or through a Sponsor or third party, Users and Entrants may have to create an account with such Sponsor or third party and/or enter into a separate commercial relationship with such entity. Users and Entrants are informed that RAVEN5 has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any Sponsor’s or third party’s websites or services. Users and Entrants are also informed that, in addition, RAVEN5 is not able to censor or edit the content of any third-party website or service, and its ability to control the content of a Sponsor’s website is limited by the terms of our Agreement with you. Accordingly, we encourage Users and Entrants to be aware when they access some features of a Website or services which are provided by, with or through a Sponsor or a third party, to read the terms and conditions and privacy policy of each third party’s website and service that they access. You agree to undertake these responsibilities for maintaining the content of your Promotion Website, to comply with Federal Trade Commission rules and regulations for advertising and marketing on the Internet and to monitor the content of any social media that you link to your website.
User and Entrant Submissions
Through its websites, RAVEN5 supports the submission by Entrants, Users and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, “User Submissions”), and also supports the hosting, sharing, and/or publishing of such User Submissions. To the extent your Site accepts User Content it is with the understanding the User is responsible for its own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, Users affirm, represent, and warrant that: (a) Users own or have the necessary licenses, rights, consents, and permissions to use and authorize RAVEN5 to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (b) Users have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Promotions and services. RAVEN5 cannot and does not represent User submissions will comply with such provisions and RAVEN5 does not have the ability to ensure such compliance.
You understand that when using the Website and/or the services, you will be exposed to User Submissions from a variety of sources, and that RAVEN5 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RAVEN5 with respect thereto, and agree to indemnify and hold RAVEN5, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the websites.
Providing a Reliable and Secure Service
We strive to maintain a reliable and secure environment for your Promotion activities. However, no system is perfectly secure or reliable; the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site(s), you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Sponsors who choose to accept information on this Site or pay for Services offered through this Site, accept these risks to the security of that information.
Links to Other Websites
The Site contains links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third Party Sites include social network platforms, User, Entrant and Sponsor websites that you may use in connection with your use of the websites. If you use links to Third-Party Sites, any Third-Party Content or service provided there are at your own risk. RAVEN5 does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. RAVEN5 provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply RAVEN5’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. RAVEN5 accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
Warranty Disclaimer
The site, the content and the services provided by the site and RAVEN5 are provided to you on an “as is” and “as available” basis, without warranties from RAVEN5 of any kind, either express or implied. RAVEN5 expressly disclaims all other warranties, express or implied including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
RAVEN5 does not represent or warrant that site content is accurate, complete, reliable, current, or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site, content, or any portion thereof.
While RAVEN5 attempts to make your access to and use of the Site safe, RAVEN5 does not represent or warrant that the Site or any Content are free of bugs, viruses, Trojan horses, or other harmful components which may be transmitted to or through the site or the services.
Limitation of Liability
You waive and shall not assert any claims or allegations of any nature whatsoever against RAVEN5, its affiliates or subsidiaries, their contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released parties”) arising out of or in any way relating to your use of any RAVEN5 site or the content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of content, or allegations that any released party has or should indemnify, defend or hold harmless you or any third-party from any claim or allegation arising from your use or other exploitation of the site. You use the site at your own risk.
Without limitation of the foregoing, to the full extent as permitted under law, neither RAVEN5 nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the websites or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from RAVEN5 or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions of the site, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to RAVEN5 or any other Released Party’s records or programs.
Indemnity
Unless agreed to in writing with RAVEN5, you agree to defend, indemnify and hold harmless RAVEN5 from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the websites, from your Agent(s)’ use of the websites and from the use of the websites by any person to whom you give access to your account (such as staff), including any Sponsor provided Content that infringes the rights of any third-party, including the intellectual property rights of any third-party. *NOTE: This does not apply to RAVEN5’s Administration and Compliance Services, as outlined below.
Administration and Compliance Services Agreement
At RAVEN5, we are the experts when it comes to promotional marketing and sweepstakes laws. We understand the importance of legal and regulatory compliance and the safe and secure data collection of Personally Identifiable Information. RAVEN5 is committed to ensuring legal compliance throughout the process. When you enter into a contractual agreement with RAVEN5 that includes Administration and Compliance services, we commit to:
- Render advice and assistance throughout the development and implementation phases of the Promotion including, but not limited to, legal compliance considerations based on our knowledge of federal, state, provincial and local lottery laws (as those laws are currently interpreted and enforced), taking all actions necessary to ensure full compliance with all applicable laws in all states and provinces in which the Sweepstakes will run, and provide general advice as to the sweepstakes mechanics and logistics.
- Review all advertising and/or Promotional copy you wish to submit for its maximum effectiveness and technical accuracy relative to the conduct of the Promotion.
- Create Official Rules and abbreviated rules/disclaimers for the Promotion and make any changes needed.
- Assign “mail to” address for and receive/sort/save hard-copy write-ins for Sweepstakes entries, as required.
- Register and file the Sweepstakes with the various states and provinces in which the Sweepstakes will run, if required, in compliance with the laws governing filing of Sweepstakes, provide assistance in filing such registrations and procuring surety bonds.
- Randomly select all winners (or provide Contest Judging services as required) and verify eligibility of prizewinners via a written “Affidavit of Eligibility and Liability/Publicity Release”. RAVEN5 will submit complete winner contact information to Sponsor after all clearances have been conducted.
- Assign separate email address or “mail to” PO Box for Winners List requests, develop Official Winners List and fulfill copies to all participants and/or state/provincial gaming departments requesting same.
- Guarantee that all information related to the Promotion, including, but not limited to, entrant’s personal information (i.e. names and addresses) is secure against unauthorized use.
- Guarantee the absolute non-collusion of our employees with your company, and any outside vendors or prize providers that may be associated with the Promotion.
- File IRS 1099 Misc. Income tax forms to all winners in the US of prizes having a fair market value of $600 or over, if applicable.
- Indemnify and hold you, your agency, the sponsor, as well as the officers and employees of these entities harmless from any and all loss, cost, or expense of any suit or claim arising out of our performance in handling the portion of the promotion for which we are responsible, provided such claim or suit is turned over to us or our counsel for defence.
- Maintain a minimum of a $2,000,000 “Errors & Omissions” insurance policy, in support of aforementioned indemnification. Maintain a minimum of a $5,000,000 “Commercial General Liability” insurance policy in support of aforementioned indemnification. IMPORTANT: RAVEN5 will not indemnify any promotion without having the opportunity to review all creative elements including promotional/marketing materials, advertisements and online elements prior to launch.
Applicable Law and Venue
PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. The Site is controlled by RAVEN5 and operated from its offices in The Province of Ontario. You and RAVEN5 both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and RAVEN5 explicitly agree that all disputes, claims or other matters arising from or relating to your use of the websites will be governed by the laws of the Province of Ontario and the federal laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the websites or Content; (c) oral or written statements, advertisements or Promotions relating to these Terms or to the websites; or (d) the relationships that result from these Terms or the websites or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to Promotions or advertising); (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of this Agreement.
Sponsors who access or use the Service from foreign jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations of that foreign jurisdiction, including, but not limited to those related to sponsoring contests, drawings, sweepstakes or other forms of Promotions found on the websites.
General Terms
Notification Procedures and Changes to these Terms. RAVEN5 may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email, written or hard copy notice, or through posting of such notice on our website, as determined by RAVEN5 in our sole discretion. RAVEN5 reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. RAVEN5 may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. Your continued use of the websites after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the websites. RAVEN5 is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RAVEN5 without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with RAVEN5 in connection with the Service, shall constitute the entire agreement between you and RAVEN5 concerning the Service. The terms of any signed proposal or additional agreement you have entered into with RAVEN5 will take precedence over these Terms if there is any conflict of information.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RAVEN5’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact. Please contact us at sup@raven5.com with any questions regarding these Terms.