Legal

Legal

GENERAL TERMS & CONDITIONS

These Terms & Conditions hereby state the overarching agreement between Waves For Water (W4W) operating as Rascal’s Roundup (RR) and any registered person(s) that may be participating and/or affiliated with Rascal’s Roundup.

1. Copyrights & Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our website are copyrights, trademarks, service marks, and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Waves For Water (W4W) operating as Rascal’s Roundup (RR) 

2. Participating in a Ride

By accepting our Terms and Conditions you acknowledge that if you participate in the Rascal’s Roundup of any sort you do so at your own risk. Waves For Water (W4W) operating as Rascal’s Roundup (RR) will not have any liability in relation to any injury, damage or loss sustained as a result of your participation of any Rascal’s Roundup (RR) events. Upon registering to the website you must agree to the Risk Waiver to continue.

3. User Conduct

  • You must not collect user’s content using automated means

  • You must not interfere with our website, upload viruses or other malicious code

  • You must not bully, intimidate or harass anyone

  • You must not post any content that infringes or violates someone else’s rights, or otherwise violates the law, or that is discriminatory, hateful, pornographic, threatening or violent

  • Content posted by you

Any content that you post to our Services including photos, videos, and comments, is your responsibility. You must ensure that you have the necessary rights to post that content by obtaining the permission of copyright owners if necessary or by obtaining permission to use personal information of third parties. By posting any content, you also give Rascal’s Roundup (RR) a non-exclusive, transferable, royalty-free worldwide right to use and reproduce that content.

Rascal’s Roundup reserves the right to remove any content posted by you or prevent any or all access to our platform to our entire discretion.

4. Disclaimer

Our website contains links to other websites. Please note that when you click on one of these links, you are entering another website for which Waves For Water (W4W) operating as Rascal’s Roundup (RR) has no responsibility. You use these sites at your own risk. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.

5. Donations

All funds raised for Waves For Water (W4W) operating as Rascal’s Roundup (RR) will be directly credited to the organization’s bank account using the Braintree Payment Network & Paypal. All refunds will be managed by the Waves For Water. For all refund inquiries please email info@rascalsroundup.org.

A Tax Receipt will be sent to the donor for the amount donated to Waves For Water (W4W) operating as Rascal’s Roundup (RR) by Waves For Water. The Rascal’s Roundup (RR) does not hold any of the funds raised through fundraising. 100% of funds raised will go directly to Waves For Water. 

Contact Us

If you have any questions about these Terms, please contact us via info@rascalsroundup.org.

PRIZE TERMS & CONDITIONS

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is open to individuals who register to raise money for the 2020 Rascal’s Ride campaign online at http://www.rascalsroundup.org (“Eligible Entrant(s)”). Eligible Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.

3. Employees, Ambassadors, Sponsors (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

4. Promotions commence from 12:01 am PST Saturday, February 1st, 2020 and final entries close at 11:59 pm PST Monday, March 23rd, 2020 (“Promotional Period”).

5. The requirements in order to be eligible for the respective promotions are as follows:

  • The registration sticker package consists of an exclusive Rascal’s Roundup stickers. To qualify for this promotion, Eligible Entrants must during the Promotional Period, register for the Rascal’s Roundup and make a donation of $20 USD (twenty dollars USD) to the 2020 Rascal’s Roundup campaign. Only donations submitted online via http://www.rascalsroundup.org will be considered for the purposes of this promotion. 

  • Once an Eligible Entrant has had at least $175 USD (one hundred seventy-five dollars USD) worth of donations made to their account via the http://www.rascalsroundup.org website, they are entitled to a prize valued up to $500.00 USD (five hundred dollars USD) The ‘$175 USD’ prize will be sent out weekly from the Rascal’s Roundup starting from February 17, 2020.

  • The Rascal’s Roundup Highest Fundraisers known as the top three (3) in each category - surf, snow, moto, and trifecta - are entitled to a prize valued up to $1,000.00 USD (one thousand USD)

  • In order to win the Rascal’s Roundup Highest Fundraisers promotions, the Eligible Entrants must by the end of the Promotional Period have raised more than any other individual entrant via http://www.rascaslroundup.org. Once the Eligible Entrants have been deemed the winners of this promotion, they will be contacted directly by the Rascal’s Roundup team by 11:59 pm PST Friday, March 27th, 2020 via the email address or phone number provided.

6. The Organization reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including their identity, age, and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Organization has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the promotion. Errors and omissions may be accepted at the Organization’s discretion. Failure by the Organization to enforce any of its rights at any stage does not constitute a waiver of those rights. The Organization’s legal rights to recover damages or other compensation from such an offender are reserved.

7. Only one (1) entry is permitted per person.

8. If there is a dispute as to the identity of an Eligible Entrant, the Organization reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.

9. The Organization’s decision is final and no correspondence will be entered into.

10. If for any reason the winner does not take the prize by the time stipulated by the Organization, then the prize will be forfeited. If the prize is unavailable, the Organization, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification. The prize is not transferable (other than as stated above) or exchangeable and cannot be taken as cash.

11. Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Organization for any breach of the above terms.

12. Entrants consent to the Organization using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this.

13. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorized intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

14. Except for any liability that cannot by law be excluded, including the Non­ Excludable Guarantees, the Organization (including its respective officers, employees, and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of.

  • any technical difficulties or equipment malfunction (whether or not under the Organization’s control)

  • any theft, unauthorized access or third party interference

  • any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Organization) due to any reason beyond the reasonable control of the Organization

  • any variation in prize value to that stated in these Terms and Conditions

  • any tax liability incurred by a winner or Eligible Entrant or use of the prize.

15. The Organization collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, and prize suppliers. Entry is conditional on providing this PI. The Organization will also use and handle PI as set out in its Privacy Policy. In addition to any use that may be outlined in the Organization’s Privacy Policy, the Organization may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant.

16. The laws of California, United States apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of California.

17. The Organization is Waves For Water (W4W) operating as Rascal’s Roundup (RR)