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Team ASPCA Fundraiser Event Terms and Conditions
The American Society for the Prevention of Cruelty to Animals® (“ASPCA®”) is a New York non-profit corporation recognized as tax-exempt under IRC § 501(c)(3). All donations, contributions and royalty payments made payable to the ASPCA are tax deductible for income tax purposes to the extent allowed under applicable law.

The Team ASPCA Fundraiser Events Program (“Program”) is a grassroots fundraising program that gives our supporters the ability and tools they need to raise funds and awareness for the ASPCA’s mission of providing effective means for the prevention of cruelty to animals throughout the United States. Participants are invited to organize a fundraising event or conduct other fundraising activities (collectively, “Fundraising Activities”) and create a Fundraiser Activities web page (the “Fundraiser Page”) in support of the ASPCA's mission. However, before registering to organize or promote any Fundraising Activities, you must read and agree to be bound by the following Terms and Conditions. 

Terms and Conditions

1.	You acknowledge and agree that you are not an entity who is regularly and primarily engaged in the sale of commercial goods or services for profit. 100% of the funds solicited by you as part of your Fundraising Activities shall be donated to the ASPCA. All promotions of your Fundraising Activities shall clearly state that 100% of the funds solicited will be donated to the ASPCA and that the ASPCA name is used with permission.

2.	The ASPCA has the right to review your Fundraiser Page at any time. In the event that your fundraising efforts include any high-risk activity or any activity that might reflect unfavorably upon the ASPCA or tarnish the reputation of the ASPCA, or that is not in alignment with the ASPCA’s mission, the ASPCA, in its sole discretion, may immediately terminate your use of and access to your Fundraiser Page.

3.	You shall not post any material on your Fundraiser Page (a) that includes the name, voice or likeness of any person other than yourself unless such person (or, if such person is a minor, such minor’s guardian) has given you permission to post such material, or (b) that infringes upon the intellectual property rights of any third party.  Except for the Intellectual Property and ASPCA Promotional Materials (each defined below), any materials created, used or displayed by you, whether on your Fundraiser Page or otherwise, shall be referred to as “Participant Content.”

4.	By adding Participant Content to your Fundraiser Page, you grant the ASPCA an irrevocable, perpetual, royalty-free, sub-licensable, non-exclusive, worldwide right to use your name and any or all of the Participant Content, in whole or in part, for any purpose, including, but not limited to, fundraising, to promote the ASPCA’s mission of providing effective means for the prevention of cruelty to animals throughout the United States.

5.	The ASPCA hereby grants to you a limited, non-exclusive right to use the name The American Society for the Prevention of Cruelty to Animals®, the ASPCA® name, the specific URL assigned to your Fundraiser Page, and the materials available for reproduction on the Program’s website (e.g. the ASPCA logo, web banners, flyers, etc.) (collectively, the “Intellectual Property”) for the sole purpose of promoting your Fundraising Activities.  This right shall expire upon the earlier of (a) the ASPCA’s termination of your access to or use of your Fundraiser Page, or (b) the conclusion of your Fundraising Activities. You may not transfer, sublicense or assign the rights granted herein, and the ASPCA may revoke this grant of rights and refuse to allow you to use the Intellectual Property at any time. 
 
6.	The ASPCA hereby grants to you a limited, non-exclusive, non-sublicensable, and non-transferable right to display and distribute the copyrighted materials provided to you by the ASPCA as part of your participation in the Program (e.g. flyers, signs, etc.) (collectively, the “ASPCA Promotional Materials”), solely in promotion of and during your Fundraising Activities.  You may NOT use ASPCA Promotional Materials to create derivative works, and in no event may you use any Intellectual Property or ASPCA Promotional Materials to create your own materials. The ASPCA may revoke this grant of right and refuse to allow you to use the ASPCA Promotional Materials at any time in its sole discretion.

7.	You agree that you acquire no ownership rights in any ASPCA Intellectual Property or ASPCA Promotional Materials under these Terms and Conditions.  ASPCA is the sole owner of all right, title and interest in and to its Intellectual Property and ASPCA Promotional Materials, and all uses of the Intellectual Property and/or ASPCA Promotional Materials shall inure to the sole benefit of the ASPCA.  
  
8.	Other than the resources made available to you by the ASPCA as a part of the Program,  you shall be solely responsible and liable for (a) all resources, including, but not limited to, equipment, staff, lodging, food or other materials, necessary or required for your Fundraising Activities, and (b) all aspects of your Fundraising Activities, including, but not limited to, the safe and lawful conduct of such activities in a diligent and conscientious manner befitting the high professional standing and reputation established by the ASPCA. In conducting your Fundraising Activities, you agree to comply with all applicable federal, state and local laws and regulations, and all standards promulgated by the Better Business Bureau, including, but not limited to, those laws, regulations, and standards relating to games of chance, charitable solicitations and promotions, and tax obligations. You further agree to file all appropriate registrations, obtain all permits, releases, consents, licenses, and approvals as may be required or necessary for promoting and conducting such Fundraising Activities.

9.	No later than thirty (30) days following the date of completion of your Fundraising Activities, as set forth on your registration form, all monies raised in connection with such activities (except any monies submitted directly to the ASPCA via your Fundraiser Page) must be forwarded by check to the ASPCA at the following address: ASPCA, 520 8th Avenue, 7th Floor, New York, NY 10018, Attention: Team ASPCA. In the event that your access to or use of your Fundraiser Page is terminated for any reason,  the ASPCA shall be entitled to all the monies due and owing in connection with your Fundraising Activities that have been pledged or donated as of the effective date of termination. Upon completion of your Fundraising Activities or termination of your access to your Fundraiser Page for any reason, you shall have five (5) calendar days to dispose of all items bearing the ASPCA’s Intellectual Property, to cease any and all use of the ASPCA’s Intellectual Property for any reason, and to destroy or return to the ASPCA any and all ASPCA Promotional Materials.

10.	YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR YOUR FUNDRAISING ACTIVITIES, AND YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE ASPCA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, DAMAGES AND LIABILITIES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, (B) ANY PARTICIPANT CONTENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS THAT SUCH PARTICIPANT CONTENT INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE ANY TRADEMARK, SERVICE MARK, TRADE NAME, TRADE DRESS, TRADE SECRET, COPYRIGHT, PATENT, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER INTELLECTUAL PROPERTY RIGHT, (C) ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RELATED TO YOUR FUNDRAISING ACTIVITIES, (D) YOUR ACTS OR OMISSIONS, AND (E) ANY UNAUTHORIZED USE OF THE ASPCA’S INTELLECTUAL PROPERTY OR ASPCA PROMOTIONAL MATERIALS IN CONNECTION WITH THIS AGREEMENT. 

11.	YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE FOR YOU AND YOUR FUNDRAISING ACTIVITIES. YOU UNDERSTAND AND AGREE THE ASPCA’S INSURANCE WILL NOT COVER YOU OR ANY FUNDRAISING ACTIVITY ORGANIZED BY YOU.

12.	Your participation in the Program does not create a joint venture, partnership, principal-agent, employer-employee or similar relationship between you and the ASPCA. You are not a representative of the ASPCA and are not authorized to make any representations on its behalf.  You have no legal relationship with the ASPCA except as contracting parties to this agreement.

13.	These Terms and Conditions shall be governed by New York law, without regard to the conflicts of law principals thereof.  

14.	By clicking/checking the box below, you agree to comply with these Terms and Conditions. Your acceptance of these Terms and Conditions constitutes an agreement between you and the ASPCA.
I acknowledge that I have read and agree to this agreement.
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Team ASPCA Fundraiser Event Registration

Thank you for your interest in hosting a fundraiser that will benefit the ASPCA! Please register your fundraiser event to get access to your Online Fundraising Page and to download the Online Toolkit, filled with lots of free goodies to help your event become a success!