DRAW PARTICIPATION AGREEMENT
Effective August 20, 2025
PARTIES:This agreement is between (the Organizer):
Voice Of GospelJeffery G. Douglas, Chaplain 2223 Hollywood Driver #57 Jackson TN. 38305731-736-0290
and the “Participating Individual” (the “Participant”)
BACKGROUND: (A) The purpose of this agreement is to set the terms and conditions (“Terms”) under which the Participant may enter the prize draw (“Draw”) organized by the organizer, Jeffery G. Douglas.(B) The organizer intends to conduct the draw, and the Participant intends to enter the draw, both parties agree and abide by these terms.(C) This draw involves the entry and draw for the “Product Listed” on the participating form, and the “Participant’s” entry into the draw is subject to the detailed terms set out in this agreement at time of submission.(D) This agreement is designed to comply with all applicable United State laws and regulations governing prize draw, and both parties agree to conduct themselves in accordance with those laws and regulations.
1. DEFINITIONS 1.1 This agreement, unless the context otherwise requires, the following words and phrases shall have the following meanings:-Donation: All entry participation is considered as Donations.-Volunteer: All entry participation is considered voluntary and “at Will” participation.-Agreement: This entire contract, including all its sections and appendices.-Organizer: The company or organization conducting the prize draw.-Participant: The individual (entity) entering the draw.-Entry: The act of participating in the draw, as defined in the Entry Procedure section.-Prize: Reward to be given to the winner of the draw. -Winner: The participant who is selected to win the prize.-Draw: The prize draw organized by the organizer.-Terms: The terms and conditions set out and this agreement.1.2 Any references in this agreement to a statue or prevision of a statue shall be construed as a reference to that statue or provision as amended, reenacted or extended at the relevant time.1.3 The heading and this agreement are for convenience only and shall not affect its interpretation. 1.4 Unless the context is otherwise required, words in the singular shall include the Plural and, in the Plural, shall include the singular. 2. ELIGIBILITY CRITERIA 2.1 The draw is open to individuals who are 18 years of age or older. 2.2 The draw is open to residents of the United States only. Participants must provide a valid United States address for entry and delivery of prize.2.3 Employees of the organizer, their immediate family members, and anyone professional connected with the draw are not eligible to enter any Computations. 2.4 Each participant may enter the draw multiple times by paying the required donation.2.5 By entering this draw, the participant agrees to comply with these terms. Failure to comply with these terms may result in disqualification from the draw.2.6 Any additional eligibility curricula specific to the draw will be stated in the draw announcement or other promotional materials. 3. ENTRY PROCEDURE 3.1 Method of Entry: To enter the draw, the participant must complete the Registration form and make required donation. Any entrance not made in accordance with these instructions will not be accepted.3.2 Entry Period: This draw will commence when posted, advertised or otherwise promoted and end on specified posted date, advertised or otherwise promotion material unless otherwise noted.3.3 Number of Entries: Unlimited3.4 Entry Cost: The entry fee required is “Per Ticket Donation” and “Per Number” of tickets selected. The cost is clearly stated on the participation form. No additional payment is required to win the prize other than state thereof.3.5 Incomplete or Ineligible Entries: incomplete entries or entries that do not comply with the terms of this agreement will not be accepted. The organizer reserves the right to verify the eligibility of all entries.3.6 Proof of Entry: Proof of sending will not be accepted as proof of entry. Only entries received in accordance with these terms will be accepted.3.7 Technical Issues: the organizer is not responsible for any technical issues that may result in any entry not being received for any reason or for entries received which are corrupt or not in accordance with these terms. 4. PRIZE DETAILS 4.1 The prize for the draw is listed on the registration and donation form with an approximate retail value of the prize. 4.2 The prize is subject to the following conditions: (a) Sales Promotion(b) Discounts(c) Price Reduction by retailer (d) Wholesaler PriceThe organizer or prize provider reserves the right to impose additional responsibility conditions related to the prize if necessary. 4.3 In the event that the prize described in clause 5.1 becomes unavailable for any reason, the organizer reserves the right to substitute the prize with another prize of equivalent value and as described in clause 4.2.4.4 The prize will be delivered to the winner within [TIMEFRAME] of the Winner being notified. The organizer will bear the cost of delivering the prize to the winner unless the Participant elects to pick the prize up at a local retail outlet.4.5 The prize is non-cash; there is no cash alternative available. The prize must be accepted as awarded and is non-transferable. 4.6 Any tax implications arising from the receipt of the prize is the sole responsibility of the winner. The organizer accepts no responsibility for any tax implications that may arise from the prize winnings other than at time of purchase. 5. SELECTION AND NOTIFICATION OF WINNER: 5.1 Selection Process: The winner of the draw will be selected at random from all valid entries received by the organizer on the closing date or shortly thereafter. The selection will take place within [30] Days following the closing date of the draw. The selection process will be supervised by an independent observer, where necessary.5.2 Notification Process: The winner will be notified by the organization via e-mail within [10] Days of the selection. The notification will include instructions on how the winner can claim the prize.5.3 Unclaimed Prize: if a winner cannot be contacted or does not claim the prize within [30] days of notification, the organizer reserves the right to withdraw the prize from the winner and select a replacement winner.5.4 Publicity: The winner agrees to the use of their name and image and any publicity materials related to the draw. Any personal data related to the winner, or any other entrants will be used solely in accordance with the current United States data protection litigation and will not be disclosed to a third party without the entrant’s prior consent.5.5 Disqualification: The organizer reserves the right to disqualify any winner if they have breached any of these terms, are found to be ineligible, or cannot be contacted or does not claim their prize within a [30] day period. 6. DATA PROTECTION AND PRIVACY 6.1 Data Collection: Organizer will collect personal data from the participant, including but not limited to name, contact details, and any other necessary information for the purpose of managing entries to the draw. The participant consents to this collection of personal data upon entering the draw. The organizer “Will Not” collect or obtain any payment information unless deemed to be fraudulent. 6.2 Data Use: The organizer will use the collected data for the purpose of managing the draw, contacting winner, and promoting the draw. The participant consents to the use of personal data upon entering the draw.6.3 Data Storage and Security: the organizer will store the collected data in a secure storage system, with appropriate measures such as inscription and access control in place to protect the data from unauthorized access, alteration, or disclosure. Organizer “May Obtain” participants name, mailing address, e-mail address, and number for purpose as set out in clause 6.2.6.4 Data Sharing: The organizer may share the participants data with third parties involved in the administration of this draw. The participant consents to this sharing of personal data upon entering the draw.6.5 Data Retention: The organizer will retain the participants data for a period necessary to fulfill the purpose outlined in this agreement, after which the data will be deleted or anonymized.6.6 Participants Rights: The participant has the right to access their data, request corrections, object to processing, and request deletion of their data in accordance with the Data Protection Act 2018 and GDPR. If the request is submitted prior to draw, the participant may be disqualified from draw for this reason.6.6 Contact Information: any inquiries or concerns about the participants data shall be directed to the organizer or to their designated data protection officer at; CONTACT DETAILS2223 Hollywood Drive #57Jackson, TN. 38305-4364
Any information provided to Payment Processing Center made be directed to; PayPal Customer Service; 1-888-221-1161 or in writing to: PayPalATTN: Data Processing Center2211 North First StreetSan Jose, California 95131
7. INTELLECTUAL PROPERTY RIGHTS 7.1 Ownership of Intellectual Property: Unless otherwise expressly agreed to in writing, all intelligent property rights in any submission made by the participant as a part of the draw shall remain the property of the participant.7.2 Grant of License: by entering the draw, the participant grants to the organizer a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and modify the participant’s submission for the purpose of administrating the draw and for any promotional or advertisement purpose related to the draw.7.3 Participants Warranties: The participant represents and warrants that their submission is their original work, that they have all necessary rights to grant the license set out in clause 8.2, and that their submission does not infringe the intelligent property rights of any third party. The participant agrees to indemnify the organizer against all claims, damages, liabilities, cost, and expenses arising out of any breach of this warranty.7.4 Organizers Intelligent Property: All intelligent property rights in this draw materials, including any branding or promotional materials used by the organizer, remain the property of the organizer. The participant is not granted any rights in to or to these materials and agrees not to use them without the organizers express written permission. 8. LIABILITY AND INDEMNITY 8.1 Limitation of Liability: except as expressly set out in this agreement, the organizer shall not be liable for any indirect, consequential, or primitive damages arising out of or in connection with this draw, whether based on breach of contract, tort (including negligence), or otherwise, even if the organizer has been advised of the possibility of such damage. The organizer’s total liability, if any, shall not exceed the value of the prize.8.2 Exclusion from Liability: the organizer shall not be liable for any failure to comply with the obligations under this agreement where such failure is caused by something outside its reasonable control, including but not limited to technical failures, unauthorized intervention, or forced majeure events.8.3 indemnity: they participate agrees to indemnify, defend, and hold harmless the organizer, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and cost, including reasonable legal fees, resulting from any violation of this agreement, or any activity related to the participants entry into the draw (including negligent or wrongful conduct.)8.4 Acknowledgement of Risk: The participant acknowledges and agrees that their participant in this draw is at their own risk and that, to the extent permitted by law, the organizer is not liable for any injuries, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is in any way connected with the participants entering into this draw.8.5 Insurance: The participant is responsible for obtaining any insurance they believe necessary or otherwise to cover any potential liability or risk associated with entering this draw.8.6 Compliance with Laws: the organizer’s liability under this agreement is subject to the compliance with all relevant United States laws and regulations.8.7 Payment Processor: The payment processor remains solely responsibility for the security measures of Participant’s Information and Payment Method collected and associated with such transaction. The participant agrees to indemnify the organizer against all claims, damages, liabilities, cost, and expenses arising out of any breach of such warranty. 8.8 Organizer: The organizer may obtain the Participant's contact information as required to communicate and ship (if winner) the prize. 9. TERMINATION 9.1 Grounds for Termination: The organizer reserves the right to terminate the draw at any time, if the Draw does reach the required set goal amount or if it believes, and its sole discretion, that the draw cannot be conducted as specified in the terms due to circumstances beyond its control, including but not limited to instances of fraud, technical difficulties, or any changes to the applicable laws and regulations.9.2 Notice of Termination: in the event of such termination, the organizer will notify the participant as soon as reasonable practicable, using the contact details provided by the participant at the time of entry. The organizer will also make a public announcement on its website or other appropriate channels.9.3 Consequences of Termination: Upon termination of the draw, the organizer will not be eligible to award any prizes that have not already been awarded at the time of termination. Any entrance fees paid by the participant at that time will be refunded in full (maybe less processing fees) within a reasonable period. The refund time is also regulated by the payment processing center. 9.4 Dispute Resolution: Any disputes arising out of or in connection with the termination of this draw shall be resolved in accordance with the dispute resolution procedures set out in this agreement.9.5 Survival of Terms: notwithstanding the determination of this draw, the provisions of this agreement related to intelligent property, liability, confidentiality, and dispute resolution shall continue in full force and effect. 10. GOVERNING LAW AND JURISDICTION: 10.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) Shall be governed by and constructed in accordance with the laws of Madison County in and for the State of Tennessee.10.2 Each party inadvertently agrees that the court of Tennessee in the County of Madison shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation including (non-contractual disputes or claims.) 11. AMENDMENTS 11.1 Either the organizer or the participant (the Proposed Parties) May propose an amendment to this agreement. Any such proposed amendment must be in writing and delivered to the other party.11.2 The proposed amendment will only become effective if it is accepted in writing by the other party. The acceptance must be clear and unambiguous, and it must be communicated to the proposing party in writing.11.3 Any amendment to this agreement will be documented in written amendment agreement. The amendment agreement will reference this agreement and clearly state the changes being made. The amendment agreement must be signed by both the organizer and the participant to be effective, unless a new transaction is completed after the amendment thereof. 11.4 Once signed, the amendment agreement will form part of this agreement and will have the same legal effect as this agreement. The amendment will not result in any unfair terms or a breach of this agreement. 12. SEVERABILITY 12.1 If any provision or part-provision of this agreement becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provisions or part-provision shall be deemed deleted.12.2 Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.12.3 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provisions so that, as amended, it is legal, valid and enforceable, and to the greatest extent possible, achieves the intended commercial results of the original provision.
13. ENTIRE AGREEMENT 13.1 This agreement, including any schedules or annexes attached here to, constitute the entire agreement and understanding between the organizer and the participant in relation to the subject matter hereof. It supersedes and extinguishes all prior agreements, drafts, undertakings, representation, warranties and agreements of any nature whatsoever, whether or not in writing, between the parties in connection with this subject matter hereof.13.2 The participant acknowledged that in entering into this agreement, it has not relied on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.13.3 Any variation to this agreement shall only be valid if it is in writing and signed by or on behalf of each of the parties.13.4 The participate acknowledges that it has read and understand the terms of this agreement and agrees to be bound by them. 14. FORCE MAJEURE EVENT 14.1 For the purpose of this agreement, “force majeure event” means an event beyond the reasonable control of the organizer including but not limited to strikes, lockouts or other industrial disputes, failure of any utility services or transportation network, act of God, war, riot, civil commotion, malicious damage, compliance with any laws or governmental order, rules, regulation or directions, accident, breakdowns of plant or machinery, fire, fluid, storm or default of suppliers or subcontractors.14.2 The organizer shall not be liable to the participant as a result of any delays or failure to perform its obligation under this agreement as a result of force major event.14.3 If the force majeure event prevents the organizer from providing any of the services for more than [4] weeks, the organizer shell, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the participant.14.4 The organizer shall use all reasonable endeavors to mitigate the effect of force majeure event on the performance of its obligation. 14.5 If a force majeure event occurs, the organizer shall notify the participant as soon as reasonably practicable of the nature and extent of the force majeure event. 15. WAVER 15.1 No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right, no waiver by either party of a breach of any provision of this agreement shall be deemed to be a wavery of any subsequential breach of the same or any other provision.15.2 A wavery of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party, and then only in the instance and for the purpose of which it is given.15.3 Unless expressly provided in this agreement, the rights and remedies provided under this agreement are in additional to, and non-exclusive of, any rights or remedies provided by law. 15.4 Any single or partial exercise of any rights, power or privilege under this agreement shall not preclude any other or future exercise of that or any of the rights, power or privilege. 16. NOTICES 16.1 All notices under this agreement shall be in writing. 16.2 Any notice or other communications given under or in connection with this agreement shall be:(a) Sent by first class postage to the address, or e-mail to the e-mail address, provided by the other party; and(b) Marked for the attention of the relevant party.16.3 Any notice or communication shall be deemed to have been received.(a) if delivered by hand, at the time the notice is left at the proper address(b) if sent by first class postage, at 9:00 AM on the second business day after posting; and(c) if sent by e-mail, at the time of transmission, or if the time falls outside of business hours in the place of receipt, where business hours resume.16.4 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.16.5 For the purpose of this clause, “writing” shall include e-mail and be validated severed if sent by e-mail. 17. SIGNATORIES 17.1 The Participant has selected and agreed to these terms and conditions at the bottom of registration form prior to submission of form thereof. 17.2 This agreement and any amendments thereof, are entered into and become effective at the date and time of the participant submits the registration and Donation form. 17.3 Participant agrees that by Submitting the Registration Form, it constitutes electronic signature agreement of these rules and regulations.
BACKGROUND: (A) The purpose of this agreement is to set the terms and conditions (“Terms”) under which the Participant may enter the prize draw (“Draw”) organized by the organizer, Jeffery G. Douglas.(B) The organizer intends to conduct the draw, and the Participant intends to enter the draw, both parties agree and abide by these terms.(C) This draw involves the entry and draw for the “Product Listed” on the participating form, and the “Participant’s” entry into the draw is subject to the detailed terms set out in this agreement at time of submission.(D) This agreement is designed to comply with all applicable United State laws and regulations governing prize draw, and both parties agree to conduct themselves in accordance with those laws and regulations.
1. DEFINITIONS 1.1 This agreement, unless the context otherwise requires, the following words and phrases shall have the following meanings:-Donation: All entry participation is considered as Donations.-Volunteer: All entry participation is considered voluntary and “at Will” participation.-Agreement: This entire contract, including all its sections and appendices.-Organizer: The company or organization conducting the prize draw.-Participant: The individual (entity) entering the draw.-Entry: The act of participating in the draw, as defined in the Entry Procedure section.-Prize: Reward to be given to the winner of the draw. -Winner: The participant who is selected to win the prize.-Draw: The prize draw organized by the organizer.-Terms: The terms and conditions set out and this agreement.1.2 Any references in this agreement to a statue or prevision of a statue shall be construed as a reference to that statue or provision as amended, reenacted or extended at the relevant time.1.3 The heading and this agreement are for convenience only and shall not affect its interpretation. 1.4 Unless the context is otherwise required, words in the singular shall include the Plural and, in the Plural, shall include the singular. 2. ELIGIBILITY CRITERIA 2.1 The draw is open to individuals who are 18 years of age or older. 2.2 The draw is open to residents of the United States only. Participants must provide a valid United States address for entry and delivery of prize.2.3 Employees of the organizer, their immediate family members, and anyone professional connected with the draw are not eligible to enter any Computations. 2.4 Each participant may enter the draw multiple times by paying the required donation.2.5 By entering this draw, the participant agrees to comply with these terms. Failure to comply with these terms may result in disqualification from the draw.2.6 Any additional eligibility curricula specific to the draw will be stated in the draw announcement or other promotional materials. 3. ENTRY PROCEDURE 3.1 Method of Entry: To enter the draw, the participant must complete the Registration form and make required donation. Any entrance not made in accordance with these instructions will not be accepted.3.2 Entry Period: This draw will commence when posted, advertised or otherwise promoted and end on specified posted date, advertised or otherwise promotion material unless otherwise noted.3.3 Number of Entries: Unlimited3.4 Entry Cost: The entry fee required is “Per Ticket Donation” and “Per Number” of tickets selected. The cost is clearly stated on the participation form. No additional payment is required to win the prize other than state thereof.3.5 Incomplete or Ineligible Entries: incomplete entries or entries that do not comply with the terms of this agreement will not be accepted. The organizer reserves the right to verify the eligibility of all entries.3.6 Proof of Entry: Proof of sending will not be accepted as proof of entry. Only entries received in accordance with these terms will be accepted.3.7 Technical Issues: the organizer is not responsible for any technical issues that may result in any entry not being received for any reason or for entries received which are corrupt or not in accordance with these terms. 4. PRIZE DETAILS 4.1 The prize for the draw is listed on the registration and donation form with an approximate retail value of the prize. 4.2 The prize is subject to the following conditions: (a) Sales Promotion(b) Discounts(c) Price Reduction by retailer (d) Wholesaler PriceThe organizer or prize provider reserves the right to impose additional responsibility conditions related to the prize if necessary. 4.3 In the event that the prize described in clause 5.1 becomes unavailable for any reason, the organizer reserves the right to substitute the prize with another prize of equivalent value and as described in clause 4.2.4.4 The prize will be delivered to the winner within [TIMEFRAME] of the Winner being notified. The organizer will bear the cost of delivering the prize to the winner unless the Participant elects to pick the prize up at a local retail outlet.4.5 The prize is non-cash; there is no cash alternative available. The prize must be accepted as awarded and is non-transferable. 4.6 Any tax implications arising from the receipt of the prize is the sole responsibility of the winner. The organizer accepts no responsibility for any tax implications that may arise from the prize winnings other than at time of purchase. 5. SELECTION AND NOTIFICATION OF WINNER: 5.1 Selection Process: The winner of the draw will be selected at random from all valid entries received by the organizer on the closing date or shortly thereafter. The selection will take place within [30] Days following the closing date of the draw. The selection process will be supervised by an independent observer, where necessary.5.2 Notification Process: The winner will be notified by the organization via e-mail within [10] Days of the selection. The notification will include instructions on how the winner can claim the prize.5.3 Unclaimed Prize: if a winner cannot be contacted or does not claim the prize within [30] days of notification, the organizer reserves the right to withdraw the prize from the winner and select a replacement winner.5.4 Publicity: The winner agrees to the use of their name and image and any publicity materials related to the draw. Any personal data related to the winner, or any other entrants will be used solely in accordance with the current United States data protection litigation and will not be disclosed to a third party without the entrant’s prior consent.5.5 Disqualification: The organizer reserves the right to disqualify any winner if they have breached any of these terms, are found to be ineligible, or cannot be contacted or does not claim their prize within a [30] day period. 6. DATA PROTECTION AND PRIVACY 6.1 Data Collection: Organizer will collect personal data from the participant, including but not limited to name, contact details, and any other necessary information for the purpose of managing entries to the draw. The participant consents to this collection of personal data upon entering the draw. The organizer “Will Not” collect or obtain any payment information unless deemed to be fraudulent. 6.2 Data Use: The organizer will use the collected data for the purpose of managing the draw, contacting winner, and promoting the draw. The participant consents to the use of personal data upon entering the draw.6.3 Data Storage and Security: the organizer will store the collected data in a secure storage system, with appropriate measures such as inscription and access control in place to protect the data from unauthorized access, alteration, or disclosure. Organizer “May Obtain” participants name, mailing address, e-mail address, and number for purpose as set out in clause 6.2.6.4 Data Sharing: The organizer may share the participants data with third parties involved in the administration of this draw. The participant consents to this sharing of personal data upon entering the draw.6.5 Data Retention: The organizer will retain the participants data for a period necessary to fulfill the purpose outlined in this agreement, after which the data will be deleted or anonymized.6.6 Participants Rights: The participant has the right to access their data, request corrections, object to processing, and request deletion of their data in accordance with the Data Protection Act 2018 and GDPR. If the request is submitted prior to draw, the participant may be disqualified from draw for this reason.6.6 Contact Information: any inquiries or concerns about the participants data shall be directed to the organizer or to their designated data protection officer at; CONTACT DETAILS2223 Hollywood Drive #57Jackson, TN. 38305-4364
Any information provided to Payment Processing Center made be directed to; PayPal Customer Service; 1-888-221-1161 or in writing to: PayPalATTN: Data Processing Center2211 North First StreetSan Jose, California 95131
7. INTELLECTUAL PROPERTY RIGHTS 7.1 Ownership of Intellectual Property: Unless otherwise expressly agreed to in writing, all intelligent property rights in any submission made by the participant as a part of the draw shall remain the property of the participant.7.2 Grant of License: by entering the draw, the participant grants to the organizer a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and modify the participant’s submission for the purpose of administrating the draw and for any promotional or advertisement purpose related to the draw.7.3 Participants Warranties: The participant represents and warrants that their submission is their original work, that they have all necessary rights to grant the license set out in clause 8.2, and that their submission does not infringe the intelligent property rights of any third party. The participant agrees to indemnify the organizer against all claims, damages, liabilities, cost, and expenses arising out of any breach of this warranty.7.4 Organizers Intelligent Property: All intelligent property rights in this draw materials, including any branding or promotional materials used by the organizer, remain the property of the organizer. The participant is not granted any rights in to or to these materials and agrees not to use them without the organizers express written permission. 8. LIABILITY AND INDEMNITY 8.1 Limitation of Liability: except as expressly set out in this agreement, the organizer shall not be liable for any indirect, consequential, or primitive damages arising out of or in connection with this draw, whether based on breach of contract, tort (including negligence), or otherwise, even if the organizer has been advised of the possibility of such damage. The organizer’s total liability, if any, shall not exceed the value of the prize.8.2 Exclusion from Liability: the organizer shall not be liable for any failure to comply with the obligations under this agreement where such failure is caused by something outside its reasonable control, including but not limited to technical failures, unauthorized intervention, or forced majeure events.8.3 indemnity: they participate agrees to indemnify, defend, and hold harmless the organizer, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and cost, including reasonable legal fees, resulting from any violation of this agreement, or any activity related to the participants entry into the draw (including negligent or wrongful conduct.)8.4 Acknowledgement of Risk: The participant acknowledges and agrees that their participant in this draw is at their own risk and that, to the extent permitted by law, the organizer is not liable for any injuries, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is in any way connected with the participants entering into this draw.8.5 Insurance: The participant is responsible for obtaining any insurance they believe necessary or otherwise to cover any potential liability or risk associated with entering this draw.8.6 Compliance with Laws: the organizer’s liability under this agreement is subject to the compliance with all relevant United States laws and regulations.8.7 Payment Processor: The payment processor remains solely responsibility for the security measures of Participant’s Information and Payment Method collected and associated with such transaction. The participant agrees to indemnify the organizer against all claims, damages, liabilities, cost, and expenses arising out of any breach of such warranty. 8.8 Organizer: The organizer may obtain the Participant's contact information as required to communicate and ship (if winner) the prize. 9. TERMINATION 9.1 Grounds for Termination: The organizer reserves the right to terminate the draw at any time, if the Draw does reach the required set goal amount or if it believes, and its sole discretion, that the draw cannot be conducted as specified in the terms due to circumstances beyond its control, including but not limited to instances of fraud, technical difficulties, or any changes to the applicable laws and regulations.9.2 Notice of Termination: in the event of such termination, the organizer will notify the participant as soon as reasonable practicable, using the contact details provided by the participant at the time of entry. The organizer will also make a public announcement on its website or other appropriate channels.9.3 Consequences of Termination: Upon termination of the draw, the organizer will not be eligible to award any prizes that have not already been awarded at the time of termination. Any entrance fees paid by the participant at that time will be refunded in full (maybe less processing fees) within a reasonable period. The refund time is also regulated by the payment processing center. 9.4 Dispute Resolution: Any disputes arising out of or in connection with the termination of this draw shall be resolved in accordance with the dispute resolution procedures set out in this agreement.9.5 Survival of Terms: notwithstanding the determination of this draw, the provisions of this agreement related to intelligent property, liability, confidentiality, and dispute resolution shall continue in full force and effect. 10. GOVERNING LAW AND JURISDICTION: 10.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) Shall be governed by and constructed in accordance with the laws of Madison County in and for the State of Tennessee.10.2 Each party inadvertently agrees that the court of Tennessee in the County of Madison shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation including (non-contractual disputes or claims.) 11. AMENDMENTS 11.1 Either the organizer or the participant (the Proposed Parties) May propose an amendment to this agreement. Any such proposed amendment must be in writing and delivered to the other party.11.2 The proposed amendment will only become effective if it is accepted in writing by the other party. The acceptance must be clear and unambiguous, and it must be communicated to the proposing party in writing.11.3 Any amendment to this agreement will be documented in written amendment agreement. The amendment agreement will reference this agreement and clearly state the changes being made. The amendment agreement must be signed by both the organizer and the participant to be effective, unless a new transaction is completed after the amendment thereof. 11.4 Once signed, the amendment agreement will form part of this agreement and will have the same legal effect as this agreement. The amendment will not result in any unfair terms or a breach of this agreement. 12. SEVERABILITY 12.1 If any provision or part-provision of this agreement becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provisions or part-provision shall be deemed deleted.12.2 Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.12.3 If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provisions so that, as amended, it is legal, valid and enforceable, and to the greatest extent possible, achieves the intended commercial results of the original provision.
13. ENTIRE AGREEMENT 13.1 This agreement, including any schedules or annexes attached here to, constitute the entire agreement and understanding between the organizer and the participant in relation to the subject matter hereof. It supersedes and extinguishes all prior agreements, drafts, undertakings, representation, warranties and agreements of any nature whatsoever, whether or not in writing, between the parties in connection with this subject matter hereof.13.2 The participant acknowledged that in entering into this agreement, it has not relied on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.13.3 Any variation to this agreement shall only be valid if it is in writing and signed by or on behalf of each of the parties.13.4 The participate acknowledges that it has read and understand the terms of this agreement and agrees to be bound by them. 14. FORCE MAJEURE EVENT 14.1 For the purpose of this agreement, “force majeure event” means an event beyond the reasonable control of the organizer including but not limited to strikes, lockouts or other industrial disputes, failure of any utility services or transportation network, act of God, war, riot, civil commotion, malicious damage, compliance with any laws or governmental order, rules, regulation or directions, accident, breakdowns of plant or machinery, fire, fluid, storm or default of suppliers or subcontractors.14.2 The organizer shall not be liable to the participant as a result of any delays or failure to perform its obligation under this agreement as a result of force major event.14.3 If the force majeure event prevents the organizer from providing any of the services for more than [4] weeks, the organizer shell, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the participant.14.4 The organizer shall use all reasonable endeavors to mitigate the effect of force majeure event on the performance of its obligation. 14.5 If a force majeure event occurs, the organizer shall notify the participant as soon as reasonably practicable of the nature and extent of the force majeure event. 15. WAVER 15.1 No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right, no waiver by either party of a breach of any provision of this agreement shall be deemed to be a wavery of any subsequential breach of the same or any other provision.15.2 A wavery of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party, and then only in the instance and for the purpose of which it is given.15.3 Unless expressly provided in this agreement, the rights and remedies provided under this agreement are in additional to, and non-exclusive of, any rights or remedies provided by law. 15.4 Any single or partial exercise of any rights, power or privilege under this agreement shall not preclude any other or future exercise of that or any of the rights, power or privilege. 16. NOTICES 16.1 All notices under this agreement shall be in writing. 16.2 Any notice or other communications given under or in connection with this agreement shall be:(a) Sent by first class postage to the address, or e-mail to the e-mail address, provided by the other party; and(b) Marked for the attention of the relevant party.16.3 Any notice or communication shall be deemed to have been received.(a) if delivered by hand, at the time the notice is left at the proper address(b) if sent by first class postage, at 9:00 AM on the second business day after posting; and(c) if sent by e-mail, at the time of transmission, or if the time falls outside of business hours in the place of receipt, where business hours resume.16.4 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.16.5 For the purpose of this clause, “writing” shall include e-mail and be validated severed if sent by e-mail. 17. SIGNATORIES 17.1 The Participant has selected and agreed to these terms and conditions at the bottom of registration form prior to submission of form thereof. 17.2 This agreement and any amendments thereof, are entered into and become effective at the date and time of the participant submits the registration and Donation form. 17.3 Participant agrees that by Submitting the Registration Form, it constitutes electronic signature agreement of these rules and regulations.