Terms of Service

  1. Introduction. Welcome to the RFFL website (the “Website”).  By accessing or using this Website, the RFFL platform (the “Platform”) and/or the Applications (as defined below), you agree that these terms of service (the “Terms”) govern the relationship between Game & Give, LLC d/b/a RFFL (“RFFL”, “we”, or “our” or “us”) and you (“you” or “your”) and your use of the Website, the Platform, the Applications, the Application Information (as defined below) and any related services (collectively, the “RFFL Items”).  The “Applications” mean the services and applications available on or through the Platform, through mobile devices, or otherwise provided by RFFL.  Additional terms and conditions may apply to a specific Application, which will be set forth in that Application (“Application Terms”).  We reserve the right to update these Terms at any time by posting an updated copy of the new Terms to the Website and, to the extent permitted by applicable law, you waive the right to notice of any specific changes to these Terms.  Subject to applicable law, by continuing to access and use any of the RFFL Items after these Terms are updated, you agree to the updated Terms.  If you do not agree to any such new Terms, you must stop using the RFFL Items and these Terms shall terminate.

  2. Eligibility. To be eligible to use the RFFL Items, you must: (a) be at least eighteen (18) years of age; (b) physically located within the State of New York at the time of purchase (c) have not had your use of any of the RFFL Items previously restricted, suspended or terminated by us; and (d) not be using another person’s account.  Access to the RFFL Items from territories where the RFFL Items are illegal, or not otherwise authorized, is strictly prohibited.  In addition to such eligibility requirements, a person must also not be listed on the “Self-Exclusion List” provided by any of the Authorized Organizations (as hereinafter defined) related to any Campaign (as hereinafter defined).  For the avoidance of doubt, the preparation and execution of the “Self-Exclusion List” is solely the responsibility of the Authorized Organization.  In the event that a conflict is believed to be found, the information shall be provided to the Authorization Organization to confirm or otherwise resolve.  RFFL shall have no control over this process, and it shall be up the Authorization Organization to reach out to you related to such issue.  You hereby allow us to release any information you provide us to the Authorization Organization in order to do so.

  3. About RFFL.  RFFL’s purpose is to provide a platform for authorized organizations, including registered nonprofits, charitable organizations, and other qualified donees under New York State Law (the “Authorized Organizations”), which platform allows the Authorized Organizations to conduct duly authorized raffles using the RFFL Items.  For the avoidance of doubt, RFFL and the Authorized Organizations are wholly separate and independent entities, with no common ownership or control.  For the further avoidance of doubt, RFFL does not conduct any raffle itself, which in each and every instance is solely conducted by and at the discretion of the Authorized Organizations, using the RFFL Items as the platform.  In addition to providing a platform for the Authorized Organizations to duly conduct authorized raffles, the RFFL Items will allow eligible individuals Users (as hereinafter defined) to purchase raffle tickets for the raffles conducted by the Authorized Organizations.  “Users” means you and any other end user of the RFFL Items by, under or through you.  For greater certainty, you acknowledge and agree that RFFL is not a party to any purchase agreement.  You are responsible for compliance of your Users with these Terms.  The usage of the RFFL Items can help Authorized Organizations and other qualified companies raise awareness and money for causes, but we do not endorse any such individuals, companies, or Authorized Organizations or any of their Campaigns (as defined below).  We allow you to create, participate in, interact with and purchase raffle tickets to campaigns, events, and challenge activities through the RFFL Items (collectively “Campaigns”).  The existence of the RFFL Items is not a solicitation of donations and we do not engage in any solicitation activities on behalf of any individuals, Authorized Organizations, or companies.  When you purchase through the RFFL Items, your purchase will be processed by a leading third-party payment processor.  Your interactions with such payment processor will be subject to separate terms and conditions and any questions or issues related to such must be directed to the third-party payment processor.  RFFL will not have access to, verify, or store your credit card information during this process.  For the avoidance of doubt, RFFL may obtain, retain, and verify certain information related to ID verification, which is not part of any process related to the third-party payment processor.  You agree that your purchases are unconditional and non-refundable, even if a fundraising event is cancelled (in which case the Authorized Organization may keep pre-existing ticket sales and/or purchase proceeds).  The Authorized Organization to which make a purchase reserves the right to use proceeds from sales where the need is greatest.  Disputes relating to all such Purchase Agreements shall be between the User and the applicable organization, and not RFFL.

  4. Responsibilities.

(a) User Responsibilities.  (a) You agree: (i) to provide accurate information to the Applications, and (ii) update such information to keep it accurate (Inaccurate information may result in your suspension or termination of your use of the Applications and/or to decline your continued or future use of the Applications); (b) You are responsible for complying with all local rules, laws, and regulations regarding your use of the RFFL Items;  (c) by providing us with a telephone number for a mobile device, you expressly consent to receiving communications, including but not limited to prerecorded or artificial voice message calls, text messages, SMS messages and calls made by an automatic telephone dialing system, from us, our affiliates and agents at that number.  In addition, you authorize RFFL to contact you via email, Application push notification, or other digital means.  We may contact you for non-marketing purposes, including but not limited to communications regarding the RFFL Items, event details and updates, auction items, and other notices and confirmations.  Calls and messages may incur fees and charges from your mobile services provider, and you are responsible for all such fees and charges.  We are not responsible for any delayed or failed messages not timely received by you.  To stop receiving unsolicited communications from us, reply with keywords STOP and HELP to text messages or notify RFFL at support@rffl.co; (d) if, as an Authorized Organization, you participate in raffles, promotions, prizes, or similar activity as defined by state, region, national or federal regulations, as part of any Campaign (“Promotion”), such Authorized Organization represents, warrants and agrees that: (i) it is either exempt from such laws due to its status as a 501(c)(3) organization (USA) or it has obtained the requisite licenses or permits to conduct the Promotion, and acknowledges that RFFL is in no way associated with or responsible for the operation of any Promotion (For the avoidance of doubt, RFFL Items can be used internally by RFFL to track ticket sales and identify specific ticket numbers sold, but RFFL has no control over the operation of any Promotion, which is solely the responsibility of the Authorized Organization); (ii) such Promotion shall comply with all applicable laws; (iii) the Authorized Organization shall be solely responsible for all facets of the Promotion; (iv) the Authorized Organization may not use the Marks (as defined below) or any other RFFL intellectual property in the rules or any other materials relating to the Promotion without RFFL’s prior written permission; (v) such Promotion is not marketed to anyone under the age of eighteen (18); and (vi) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco; provided, however, this provision shall not preclude you from conducting a raffle in compliance with the laws of your state.  The Authorized Organizations will include the following provisions within their official rules for any Promotion administered or publicized on the Application: (A) RFFL does not sponsor, endorse or administer the Promotion; (B) each participant or entrant in the Promotion releases RFFL from any and all liability and (C) all questions concerning the Promotion must be directed to you, and not to RFFL; (D) that you are solely responsible for ensuring that your and your Users’ login credentials for accessing the RFFL Items remain confidential and are not shared with others, and you are liable for any damages arising from the unauthorized access to or use of the RFFL Items through such login credentials; and (F) as a condition of your use of the RFFL Items, you represent and warrant to RFFL that you will: (i) use the RFFL Items so as not to damage, disable, overburden or impair the RFFL Items, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the RFFL Items; and (ii) not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (A) are illegal; (B) result in the infringement of the intellectual property rights of others or libel or defamation of another person; (C) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent; or (D) infringe upon the rights, well-being, beliefs, disposition, orientation or lifestyle of another person or persons.

(b) Authorized Organization Responsibilities.  In addition to the responsibilities outlined above in Section 4(a), each Authorized Organization acknowledges and agrees that it will solely be responsible for the administration and operation of each Campaign and any related Promotion(s).  Accordingly, the Authorized Organization represents and warrants that prior to taking any action related to any Campaign or related Promotion(s), the Authorized Organization shall duly obtain any authorizations, or otherwise take any actions to ensure the Authorized Organization is fully in compliance with all relevant rules and regulations.  The Authorized Organization represents that this compliance shall remain in effect at all relevant and required times, prior to, during, and following a Campaign and any related Promotion(s).  The Authorized Organization acknowledges and understands that RFFL is merely providing a platform for which the Authorized Organization is to conduct its Campaign and related Promotion(s).  The Authorized Organization acknowledges and understands that RFFL is merely providing a platform for which the Authorized Organization is to conduct its Campaign and related Promotion(s).  The Authorized Organization further acknowledges and understands that RFFL is not responsible for any error, mistake, omission, or other issues, technical or otherwise, related to its platform; however, RFFL agrees to attempt to swiftly remedy any bugs or other issues identified by the Authorized Organization.  For the avoidance of doubt, the Authorized Organization shall be responsible for ensuring that compliance with any and all other rules, regulations, or requirements related hereto, including without limitation, compliance with any “Self-Exclusion List” creation and administration rules and regulations.

  1. Your Content.

(a) In using the Applications, Users may be permitted to post, stream, transmit or otherwise provide photos, videos, comments, ideas, remarks, responses, questions, data, graphics, opinions, designs, customizations, or other content on the Applications (collectively “User Generated Content”).  You alone, not RFFL, are responsible for monitoring the User Generated Content to ensure compliance with these Terms.  You retain ownership to all User Generated Content but by submitting the User Generated Content to us, you hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.  We shall have the right to “roll up” various benchmarking results of your use of the Applications (“Results”) with results of other customers’ use thereof, for use by us in the ordinary course of our business such as benchmark reporting. The Results shall be aggregated and anonymized and will not be identifiable to any specific donor or user.  You warrant to us for our benefit that the holder of any intellectual property right, including moral rights, in your User Generated Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  In addition, you represent and warrant to us that you will not: (i) provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) create any liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; (iii)  engage in any conduct that, in our sole judgment and discretion, restricts or inhibits any other user from using or enjoying the RFFL Items; (iv) use the RFFL Items to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt any servers or networks used to provide the RFFL Items or their respective features, or disobey any requirements of the networks we use to provide the RFFL Items; (vi) gain unauthorized access to the RFFL Items, or any account, computer system, or network connected to this application or services, by any unauthorized or illegal means; (vii) obtain or attempt to obtain any materials or information not intentionally made available through the RFFL Items; (viii) use the RFFL Items to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the RFFL Items for fundraising activities is expressly permitted; (ix) engage in advertising or commercial solicitation of any product or service without our written consent, except that using the Applications for fundraising activities is expressly permitted; (x) gather for marketing purposes any email addresses or other personal information that has been posted by other users; nor (xi) post any identification documents or sensitive information about another person.

(b)  We have the right but no obligation to monitor User Generated Content and other features of the Applications to confirm your compliance with these Terms and any other operating rules established by us. We may in our sole discretion edit, refuse to post, or remove any User Generated Content submitted or posted through the Applications. Subject to our rights to use or remove User Generated Content as described herein, we do not control any User Generated Content or materials that you or other Users provide. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the User Generated Content, whether it is provided by us, our employees, or a third party.  Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content. We are not responsible for any offensive, defamatory, obscene or any other posting made through the Applications. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion is inappropriate, objectionable or in violation of these Terms.  Any User who feels that a posted message is objectionable is encouraged to contact us immediately by email at support@rffl.co.

(c) We are a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserve our rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Applications.  The Digital Millennium Copyright Act of 1998 (“DMCA”) provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under, as applicable, U.S. copyright law. If you believe in good faith that materials posted on the Applications infringes your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA, as applicable, and be sent to support@rffl.co.

(d)  By using the RFFL Items, you agree that we shall not be responsible for any losses or damages incurred as a result of using the RFFL Items, and you expressly waive any claim for such losses and damages relating in any way to your use of the RFFL against us and our officers, employees, shareholders, employees, agents and representatives.

  1. Data Privacy and Security.  Your use of the RFFL Items constitutes your agreement to our Privacy Policy which is incorporated by reference and made a part hereof.  The Privacy Policy explains how we collect and use your personal information.  We use commercially reasonable methods to maintain the security of the Applications, consistent with industry standards.  While maintaining the security of your information is of the utmost importance to us, no security measures are 100% secure.  You should take all appropriate precautions with your information.  By using the RFFL Items, you assume the risk that the confidentiality, security, or integrity of your information may be breached.  If you visit websites that are linked to or from the RFFL Items, you agree that we have no control over those websites and cannot guarantee the security of your information thereon.

  2. Intellectual Property.

(a)  The RFFL Items, and all technology underlying the same, and any updates, modifications and derivative works to any of the foregoing, are owned by us. Unless otherwise noted, the design and content features on the Applications and other RFFL Items, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof, and all intellectual property and proprietary rights appurtenant thereto (collectively, the “Application Information”), are owned by RFFL or its affiliates, if any, or are licensed by RFFL from third parties. The RFFL Items, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.  The trademarks, logos, and service marks (“Marks”) displayed on the RFFL Items are registered trademarks of their respective owners, are the property of their respective owners, or are otherwise protected by U.S. and international trademark laws. Their uses are restricted to programs, events, products, or services that RFFL sponsors or with which we are otherwise affiliated. Our Marks may not be used by you for personal financial gain. Use of our Marks is prohibited without our express written consent. Nothing contained on the RFFL Items should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our prior express written consent.  No portion of the RFFL Items may be reprinted, republished, modified, or distributed in any form without our express prior written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to RFFL Items.  You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the RFFL Items, and you must retain all copyright, trademark, service mark and other proprietary notices contained on the RFFL Items on any authorized copy you make of the RFFL Items.

(b)  You agree that submission of any ideas, suggestions, documents, or proposals to us through its feedback channels (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. You may send feedback through support@rffl.co.

  1. Disclaimers of Warranties.

(a)  The RFFL Items are provided “as is” with all faults.  RFFL expressly disclaims any warranty or condition with regard to the RFFL Items and your use of them including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement and RFFL makes no warranty (i) that the RFFL Items will meet your requirements,  (ii) that your use of the RFFL Items will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the RFFL Items will be accurate or reliable, (iv) the quality of any functions made available through the RFFL Items will meet your expectations, (v) any errors in the RFFL Items will be corrected, (vi) that there will be no loss or breach in the security, integrity or availability of any information or data, or (vii) that no viruses will be transmitted through access to or use of RFFL Items. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, any User Generated Content) or user communications.  Any material downloaded or otherwise obtained through the use of the RFFL Items is accessed at your own risk, and you are solely responsible for any damage to your computer system or mobile device that results from the use of any such material.  The RFFL Items may contain errors or omission or may be out of date.

(b)  RFFL does not guarantee that purchases made through the RFFL Items will be transmitted successfully and it is your responsibility to confirm all such activity.  The RFFL Items may, without prior notice, be changed, deleted, or updated at any time.

  1. Suspension or Termination of Your Use of the Applications. These Terms will commence on the date you first access and use any RFFL Items and remain in full force and effect indefinitely except as provided herein. We may suspend or terminate your access to the RFFL Items at any time with or without reason. You agree that all terminations of these Terms are made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the RFFL Items. If you want to terminate your receipt or use of the RFFL Items, you may do so by following the application delete procedures within the Applications. Your obligations and warranties to us under these Terms shall survive all termination hereunder.

  2. Indemnification.

(a) By RFFL. We will defend you and hold you harmless from and against any third-party claim brought against you alleging that your permitted use of the Applications constitutes an infringement of any third-party U.S. patent, trademark, trade name, trade secret, copyright, or other U.S. intellectual property rights (other than a claim with respect to User Generated Content). If your use of the Applications hereunder is, or in our opinion is likely to be, enjoined due to the type of infringement specified above, we may, at its option and expense, obtain a license for the continued use of the Applications or modify the Applications so that it provides substantially equivalent functions and is no longer infringing, or, if neither of the foregoing alternatives are implemented, we may terminate your right to use the allegedly infringing Application.  The foregoing states RFFL’s sole obligation and your sole remedy for intellectual property infringement hereunder.

(b) By You.  You will indemnify, defend and hold RFFL and its affiliates, if any, and their respective officers, directors, employees and agents, (“RFFL Parties”) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use, misuse or abuse of the RFFL Items; (ii) your User Generated Content; or (iii) your breach of these Terms. You will cooperate as required in RFFL’s defense of any claim.

(c) Notice of Claim and Procedure. The party seeking indemnity shall promptly notify the indemnifying party in writing of any claim subject to the indemnifying party’s indemnification obligation hereunder, and the indemnifying party shall promptly assume the investigation and defense thereto, including engaging counsel and the payment of all expenses. The indemnified party may employ separate counsel in any such action and participate in the investigation and defense at its own cost unless (i) the employment of such counsel has been authorized by the indemnifying party in writing; (ii) the indemnifying party fails after fifteen (15) calendar days following notice of such action to assume the defense and to employ counsel; or (iii) the named parties to any such action (including any impleaded parties) include both the party seeking indemnity and an indemnifying party, and the party seeking indemnity shall have been advised by such counsel that there may be one or more legal defenses available to it which are different from or additional to those available to the indemnifying party. If the party seeking indemnity notifies the indemnifying party in writing that the party seeking indemnity elects to employ separate counsel in accordance with the foregoing provision at the expense of the indemnifying party, the indemnifying party shall not have the right to assume the defense of such action on behalf of the party seeking indemnity and without limitation on the other obligations of the indemnifying party, shall pay the attorneys’ fees of the party seeking indemnity from time to time (but no less frequently than quarterly) during the course of the defense of such action.

  1. Limitation of Liability. NEITHER RFFL NOR ITS SUPPLIERS SHALL BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, BUSINESS OR PROFITS, OR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE RFFL ITEMS WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT, OR NEGLIGENCE IN CONNECTION WITH THESE TERMS OR THE RFFL ITEMS PROVIDED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RFFL’S LIABILITY FOR ACTUAL DAMAGES WILL NOT IN ANY EVENT EXCEED THE LESSER OF THE FEES PAID HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING ACCRUAL OF THE UNDERLYING ALLEGED CLAIM OR $1,000. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY TO MEET ITS ESSENTIAL PURPOSE.  Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you.  You may also have other rights that vary from jurisdiction to jurisdiction.

  2. Miscellaneous.

(a) These Terms are governed by the laws of the State of New York without respect to its conflicts of laws and principles.  Any action or proceeding permitted by these Terms shall be brought and litigated exclusively in the state and federal courts located in Onondaga County, New York, and you hereby consent to the exercise of personal jurisdiction by and exclusive venue in such courts.

(b) You and RFFL agree that, to the extent permitted by applicable law, any cause of action arising out of or related to these Terms or the RFFL Items must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

(c) These Terms, our Privacy Policy and applicable Application Terms are the entire and exclusive agreement between RFFL and you regarding the RFFL Items, and these Terms and the Privacy Policy supersede and replace any prior agreements between RFFL and you regarding the RFFL Items.

(d) If any portion or provision of these Terms is held to be invalid or unenforceable, such portion or provision shall be struck and the remaining provisions shall be enforced.

(e) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

(f) Either party’s failure to act with respect to a breach by the other party does not waive such party’s right to act with respect to subsequent or similar breaches.

(g) All notices and other communications required hereunder shall be made in writing and shall be deemed to have been duly given and effective: (i) on the date of delivery, if delivered personally or by email; or (ii) upon confirmation of receipt, if sent by overnight delivery.  Notices by you shall be provided to RFFL at support@rffl.co.  Notices to you shall be provided by us at the physical or email addresses provided when you register to use the RFFL Items.  Either party may update its address by written notice to the other.  You are responsible for notifying us of your updated contact information.

(h) You may not assign these Terms without our prior written consent.  The rights and obligations of the parties under these Terms shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.  The parties agree there are no third-party beneficiaries to this Agreement.

(i) You acknowledge and agree that we and our employees are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

These Terms of Service were last updated on October 22, 2025.