Our Terms of Use govern your use of FanBacked and our “Service”. By using our Service, you agree to these Terms of Use, our Privacy Policy, and all applicable laws

For the purpose of these Terms of Use and throughout our website we define the following terms:

"Campaign Owners" (also referred to as “Producers” or “Campaign Creators”) are users who are fundraising using the FanBacked platform.

“Campaigns” (also referred to as “Projects”) are pages on Fanbacked that provide the opportunity for Campaign Owners to fundraise on our platform.

“Contributions” are monetary funds offered to Campaign owners in support of their Campaigns.

"Contributors" (also referred to as “Backers”) are users who contribute funds to Campaigns.

“Rewards” are both tangible and intangible gifts that can be offered to Contributors.

“Users” are all visitors to FanBacked including Backers, Campaign Owners, and visitors that are not logged in to our Service.

Use of Service Eligibility

You are not eligible to use our Service without legal guardian consent if you are younger than 18 years of age.  If you are between the ages of 13 and 17, legal guardian supervision and consent to Terms of Use is required to use our Service.  We reserve the right to refuse use of our Service to anyone and to suspend, cancel, or remove a Campaign at any time at our sole discretion without liability.  All information you provide to FanBacked is to be truthful and accurate in regard to your account, registration, profile, and other communication.  If you believe your account has been modified or accessed without your permission or any information has been altered you agree to notify FanBacked immediately with notice of any irregularities or potential account security issues.  You agree to provide additional information to verify your account as required to continue use of our Service.

Campaign Creation

Campaigns are not allowed to be created by Campaign owners for illegal, offensive, or harmful activities.  Campaign owners are not allowed to misrepresent or make potentially fraudulent claims.  If you are not able to deliver on your Campaign promises or you are trying to collect contributions for an impossible task do not create a campaign.  Campaign Owner identity may need to be verified along with any other Campaign information.  We reserve the right to cancel, withhold, delay, or refund any Contributions made to your Campaign if we are unable to verify and confirm the validity of your identity or Campaign at any time.

Campaign Rewards

Rewards are not offered for sale, and FanBacked accepts no liability for the quality or legality of any Campaign, Reward, Contribution.  Rewards are offered directly by Campaign Owners.  FanBacked does not accept liability for Rewards that are misrepresented or not delivered by Campaign Owners as described in Campaigns.  Users contribute to campaigns at their own risk. Campaign Owners are not allowed to offer any illegal, hateful, or harmful items as Rewards.  This includes but is not limited to alcohol, drugs, controlled substances, paraphernalia, or weapons.  Additionally, at this time, Campaigns are not able to offer ownership or equity in a company or project.

Community Guidelines and Spam Policy

Do not spam or post unnecessarily in the comments section of campaigns or while messaging other users privately.  Do not attempt to game, hack, or misuse the Service for personal promotion or in ways not intended by the platform.  This includes posting offensive images and making offensive comments to other Users or on Campaigns. We reserve the right to remove any Campaign or remove any User account that has caused such violation at our sole discretion.

Resolving Campaign Owners and Contributor Disputes

In the event of a dispute between Campaign Owners and Contributors, FanBacked will provide contact information for relevant parties for the issue to be resolved between the parties.  FanBacked does not accept liability or attempt to resolve any disputes that may arise as a result of using our Service to create or Contribute to a Camapaign.

Campaign Owners

Campaign Owners may offer rewards to Contributors with the understanding that all commitments or promises made in your campaign to deliver Rewards will be fulfilled by you, the Campaign Owner.  Campaign Owners accept all liability for Rewards offered including, Backer communication, issue resolution, taxes, and other regulations.  Campaign Owners must be available to communicate promptly and truthfully with any Backers who have made Contributions to your campaign.  In the event that you are unable to fulfill any of your rewards you may need to refund any Contributions made to Backers of your campaign or mutually agree to resolve any disagreement directly with Backers in some other way.

Backers

Backers are responsible for doing their own research on Campaigns and Campaign Owners they elect to Contribute towards.  Ask questions and make comments if you are unsure about the Campaign or want more information from a Campaign Owner.  All Contributions made are voluntarily and at your sole choice or discretion and you accept all responsibility for potential tax implications or legalities associate with Rewards earned. FanBacked does not guarantee that any Campaign will be able to deliver rewards or reach their Contributions goal. Additionally, FanBacked does not provide warranty for or about any Campaign, Campaign Owner, Reward, or claim made by a Campaign owner using our Service.

Campaign Fees and Contribution Payments

Creating an account to browse our Service is free. Contributors, are not charged fees by our Service to contribute to campaigns, but Campaign Owners are charged fees as a portion of the funds they raise. By using our Service you agree to the fees structure outlined here: faq and accept that changes to fees can be made at any time, but will only apply to Campaigns launched after the change has been made.  You are responsible for researching and paying any applicable taxes related to Contributions raised using our Service.  Contributions, our Service fees, and merchant charges, are not refundable.  In the situation where a Campaign Owner is unable to deliver Rewards for Contributions made to a Campaign, specific refunds may be issued to Contributors by Campaign Owners.  FanBacked does not facilitate this communication or these transactions.  

Taxes

Your local, state, or federal regulations may consider Contributions to your campaign on FanBacked as taxable income to you and anyone who will receive funds directly from your Campaign. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.

Posted Content

You may post images, videos, text, or other content on our Service as a Campaign Owner or Contributor. You grant FanBacked a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your content  on or in connection with our Service and our related marketing and promotional activities. You continue to have ownership of this content, but grant FanBacked these rights to use your content as needed. As such, by posting content you represent that you are not using any content that infringes on other copyright or intellectual property laws.  Doing so is considered a violation of this Terms of Use and you accept all liability for use of infringing content.

Third-Party Websites

Our Service may contain links to third-party websites such as Social Media sites that are not owned by FanBacked. Access of these third-party sites is at your own risk.  We are not responsible for any harm or damage that may be a result of visiting a third party site.

Indemnity

You agree to indemnify and hold harmless FanBacked, affiliated companies, and all officers, directors, employees, and contractors from and against any and all losses, liabilities, damages, costs, and attorneys fees, resulting, whether directly or indirectly, from your violation our Terms of use. You also agree to indemnify and hold harmless FanBacked from and against any and all claims brought by third parties arising out of your use of our Service in any way.

No Warranty

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK.

Waiver and Release

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

EXCEPT ONLY TO THE EXTENT REQUIRED BY LAW, IN NO SITUATION WILL FANBACKED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY PHYSICAL OR EMOTIONAL DAMAGES THAT MAY ARISE WITH A CONNECTION TO OUR SERVICE.  EVEN IN THE CASE THAT FANBACKED HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

For jurisdictions that do not allow us to limit our liability, with the exception of provisions in our Terms of Use, our liability is limited to the smallest extent possible by law.  

English Language

All disputes, claims, and issues that arise or may need arbitration to be resolved will be communicated in English.

Export Compliance

You agree to comply with all laws and regulations related to exporting products or information. Funds may be frozen or issued to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of export laws.

Changes to Terms

These Terms of Use may change occasionally to adapt with our site updates and new features.  By using our Service you are agreeing to the Terms of Use that is in effect at the time of your use.  Any major changes to our policy will be published on our website and sent via email notification to our users at our discretion as we see fit.

Contact Us

If you have any questions or concerns about our Terms of Use please contact us at [email protected]

FANBACKED CHARITY FUNDRAISING PROMOTION

OFFICIAL RULES

NO PURCHASE NECESSARY TO REGISTER FOR OR USE THIS WEBSITE (“WEBSITE”). THE ENTITIES FEATURED ON THE WEBSITE FOR WHICH DONATIONS ARE SOLICITED OR FUNDS ARE RAISED ARE 26 U.S.C.§ 501(C)(3) NON-PROFIT ORGANIZATIONS RECOGNIZED BY THE I.R.S. (EACH A “CHARITY”) VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

ALTHOUGH PROMOTION TYPE PROMOTIONS (EACH A “PROMOTION”) ARE OFFERED AT THE WEBSITE AS AN EXTRA BENEFIT FOR USERS, THE WEBSITE IS NOT A PROMOTION AND USERS MAY ENTER ANY PROMOTION AT ANY TIME WITHOUT PAYMENT BY COMPLETING A MINOR ACTIVITY.

Each Promotion has its own individual Promotion Rules as well. In the event of a conflict between the Official Rules and the Promotion Rules, the Promotion Rules govern.

1. ENTERING A PROMOTION. Each Promotion is designed to enable Charities to offer participants (“Entrants”) the chance to win once-in-a-lifetime experiences, which are sometimes provided by third-party prize donors (“Prize Providers”) by entering in one of the following ways:

Entering via free, alternate methods of entry, such as completing an online entry form or mailing a 3×5 card print your full name, address (no post office box addresses accepted), city, state, zip code, date of birth (mm/dd/yyyy), email address, and the Promotion item you want to enter into on a plain piece of 3″ x 5″ paper and mail in a stamped, hand-addressed business-size envelope to: FanBacked: Charity Promotion Non-donating entry, PO Box 33489 Los Angeles CA, 90033 received no later than the last day of the Entry Period by close of business at the Post Office. If alternative rules are set forth in the promotion rules to use an online free alternative method of entry, those rule apply. Limit one mail entry per Promotion and one entry per outer mailing envelope. No mechanically reproduced Entries permitted. Illegible Entries are void. FanBacked is not responsible for lost, late, mutilated, delayed, inaccurate, incomplete, postage due, misdirected Entries or Entries not postmarked by the last day of the applicable Promotion. Entries postmarked after the applicable Promotion Period printed on the envelope will be disqualified. Completing certain activities, such as signing a petition (“Activities”); or Donate to a Charity via the Website. Donation minimum and maximum amounts are specified by the Charity (each a “Donation”). The number of entries you receive per dollar amount of your donation will be posted at the Entry Site. You must have a valid credit card to enter by this method. Your submissions must be received between the dates posted at the Entry Site (the Entry Period). Unless alternative instructions are set forth in the Promotion Rules, to enter without a donation, send your name, mailing address, day and evening telephone numbers, your email address if you have one, and the name of the experience prize Promotion you are entering on a form downloadable at the Entry Site or on a 3×5 card to FanBacked: Charity Promotion Non-donating entry, PO Box 33489 Los Angeles CA, 90033 postmarked no later than the last day of the Entry Period and received within 5 days thereafter. If alternative rules are set forth in the promotion rules to use a free alternative method of entry, those rule apply. Entries do not comply with these specifications will not be considered. Enter as often as you wish, but each entry must be mailed separately.

2. ELIGIBILITY. Most Promotions are open to legal residents of the fifty United States and the District of Columbia who have reached the age of majority in the states of residence (18 except in AL and 19 in NE, 21 in MS). Employees of FanBacked, the prize providers, and the Prize Provider mentioned in rule, and members of their immediate families, regardless of where they reside, are not eligible to enter. In addition, while we encourage Donations from all users of the Website, certain Promotions or Prizes may be limited to legal residents of the United States or may be subject to restrictions that prohibit residents of certain countries from participating. It is your responsibility to review any specific restrictions on the use or receipt of a Prize or entry into a Promotion contained in the specific rules for that Promotion before claiming that Prize or making a Donation. YOU ARE NOT REQUIRED TO MAKE A DONATION TO ENTER a promotion, AND YOU CAN ALWAYS ENTER FOR FREE BY COMPLETING the RELEVANT ACTIVITY. Void in all countries on the United States list of embargoed countries and in countries where local laws prohibit entry. In all cases, the Promotion is void where prohibited by law.

3. SHARE WITH A FRIEND ENTRIES.

Certain Promotions may provide a unique URL when you make a Donation that may be shared with your friends and you will receive two additional entries for every friend that makes a Donation during the Entry Period using your unique URL, regardless of the amount of the Donation. Certain publications will be furnished with unique URLs. A specified number of followers who reference a certain media publication’s unique code at the Entry Site during the Entry Period will receive one free entry.

4. WINNER SELECTION AND NOTIFICATION. On or about 5 – 10 days following the close of the Entry Period, FanBacked will conduct a random drawing to select 5 finalists who will be notified by phone, email or regular mail at the FanBacked’s discretion. Odds of being named a finalist depend on the number of eligible entries received. It is possible that the same individual who has purchased multiple entries can have more than entry selected for the top 5. Thereafter, the FanBacked will conduct a second random drawing to select the winner. Odds of winning will be 1:5 or better, depending on how many entries the individual has in the finals. The decisions of the FanBacked and its agencies are final and binding regarding all aspects of the Promotion. The potential winner(s) will be notified by phone, email or regular mail at the discretion of FanBacked. Winner(s) will be required to sign an affidavit of eligibility, liability and where legal, a publicity release, which must be returned within seven days of notification, as well as any other documents necessary to verify the winner’s identity and background, including but not limited to a background check. Travel companions will be required to sign a liability/publicity release prior to issuance of tickets. FanBacked reserves the right to select a new winner from the finalists in the event that the first winner is unable to claim their prize, and/or poses a viable threat to the Prize Provider in any way. FanBacked reserves the right to require a minimum dollar amount of donations before a random drawing will be conducted. If the FanBacked elects to set a minimum, the amount will be set forth at the Entry Site. If the amount is not reached by the date specified at the Entry Site, no credit card donations will be processed, the Promotion will terminate and the prize will not be awarded.

5. PRIZE. A description of the prize and the prize restrictions will be posted at the Entry Site. The prize description shall be deemed a part of these official rules and is incorporated by referenced herein. The prize cannot be transferred or substituted, except by FanBacked in its sole discretion. FanBacked reserves the right to substitute a prize of equal or greater value. All federal state and local taxes are the responsibility of the winner. If a trip prize the following applies: Trip Package includes (i) roundtrip coach airfare for the amount of people specified at the entry page from the airport nearest the Grand Prize Winner’s resident to the city where the experience will take place, (ii) standard hotel accommodations and a meet and greet with the Prize Provider with the named at the Entry Site. All other expenses are the responsibility of the winner. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations.

6. GRAND PRIZE CONDITIONS/RESTRICTIONS: Travel must be completed on dates to be provided by FanBacked. FanBacked is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to the trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize winner’s possession, will not be replaced. Airline and flight itinerary will be determined by FanBacked in its sole discretion. Winner and guest must travel on same itinerary. In the event the grand prize winner and/or his or her guest engage in behavior that (as determined by FanBacked in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, FanBacked reserves the right to terminate the trip or other applicable experience, in whole or in part, and send grand prize winner and/or his or her guest home with no further compensation. If the Prize Provider listed above is unable to meet with the winner, winner will receive the remainder of the trip package without additional compensation.

The winner’s guest must be of legal age of majority in his/her jurisdiction of residence, unless the guest is the child or legal ward of the winner, or otherwise approved by the FanBacked.

If grand prize winner resides within a one hundred (100) mile radius of the site where the experience will take place (a Local Resident), in lieu of the round trip air transportation portion of the trip package, grand prize winner and guest will receive round-trip ground transportation of FanBacked’s choice from grand prize winner’s residence to the hotel and meeting with the Prize Provider.

7. PUBLICITY GRANT. Winner(s), by acceptance of prize, except where prohibited, grants permission for FanBacked and Prize Provider and their designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law.

8. GOVERNING LAW/JURISDICTION. The Promotion and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Promotion, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Promotion, the prize awarded or the determination of the official winner shall be resolved individually, without resort to any form of class action. Participant further agree that in any cause of action, the FanBacked’s and Prize Provider’s liability will be limited to the cost of entering and participating in the Promotion, and in no event shall they be liable for attorneys’ fees and/or experts’ fees and costs. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.

9. GENERAL CONDITIONS. FanBacked and Prize Provider are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered or garbled entries or for human, mechanical, electronic, network, or typographical errors otherwise relating to or in connection with the Promotion. FanBacked and Prize Provider are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any equipment or programming associated with or utilized in the Promotion. FanBacked and Prize Provider are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Promotion or website, who are in violation of these Official Rules, as solely determined by FanBacked, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in FanBacked’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the FanBacked, corrupt or impair the administration, security, fairness or proper play or submission of entries, FanBacked reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect entries received prior to action taken using the drawing procedures outlined above.

Entrants, by participating, agree that FanBacked and Prize Provider will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind, including death, to persons, or property, resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of the prize or participation in this Promotion. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.

10. WINNER LIST. For the name[s] of the winner[s] send a self-addressed stamped envelope to: FanBacked. PO Box 33489 Los Angeles CA, 90033.

FanBacked. PO Box 33489 Los Angeles CA, 90033.