Welcome to the RFFL website (the “Website”). By accessing or using this Website, the RFFL platform (the “Platform”), and/or the Applications, you agree that these Terms of Service (the “Terms”) govern your relationship with Game & Give, LLC d/b/a RFFL (“RFFL,” “we,” “our,” or “us”) and you (“you” or “your”). The “Applications” means 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 specific Applications and will be set forth as “Application Terms.”
RFFL reserves the right to update these Terms at any time by posting updated copies to the Website. By continuing to access and use RFFL after updates are posted, you agree to the revised Terms. If you disagree with updated Terms, you must stop using the Services.
To use RFFL, you must:
Access from territories where RFFL’s services are illegal or unauthorized is strictly prohibited. Users must not appear on any “Self-Exclusion List” provided by Authorized Organizations. RFFL has no control over the preparation of Self-Exclusion Lists; that process is solely managed by Authorized Organizations. RFFL may release information to Authorized Organizations as necessary to resolve conflicts.
RFFL provides a platform for Authorized Organizations—registered nonprofits, charitable organizations, and qualified donees under New York State law—to conduct duly authorized raffles. RFFL and Authorized Organizations are separate, independent entities with no common ownership or control. RFFL does not conduct raffles itself; Authorized Organizations conduct their own raffles using the RFFL platform.
RFFL allows eligible users to purchase raffle tickets for Authorized Organization campaigns. “Users” means you and any end user accessing the platform under or through your account. RFFL is not a party to any purchase agreement; you are responsible for ensuring compliance with these Terms by any users under your account.
When you make a purchase through RFFL, a third-party payment processor handles the transaction subject to its own terms. RFFL does not access, verify, or store credit card information. Purchases are unconditional and non-refundable, even if a fundraising event is cancelled. RFFL does not endorse any individuals, companies, or Authorized Organizations or their campaigns, and does not engage in solicitation activities.
You agree to:
By providing a mobile phone number, you expressly consent to communications from RFFL, its affiliates, and agents, including via text message, SMS, prerecorded voice calls, and automated telephone dialing systems. RFFL may also contact you via email or push notification for non-marketing purposes including event details, updates, and notices. Standard mobile service charges apply. Reply “STOP” to any text message or contact support@rffl.co to opt out.
You are liable for any damages resulting from unauthorized access to or use of the Services through your credentials. You agree you will not use RFFL in any way that damages, disables, or impairs our systems or networks, or that interferes with the rights of others. You will not engage in, encourage, or facilitate activities that are illegal, infringe intellectual property rights, result in defamation, or harvest personal information without consent.
If you are participating on RFFL as an Authorized Organization conducting a raffle, promotion, or similar activity (a “Promotion”), you represent, warrant, and agree that:
Your official Promotion rules must include the following: (1) RFFL does not sponsor, endorse, or administer your Promotion; (2) participants release RFFL from all liability; and (3) questions about the Promotion should be directed to your organization, not RFFL.
Each Authorized Organization is solely responsible for Campaign administration and full compliance with all applicable rules and regulations before, during, and after each Campaign or Promotion. This includes creation and administration of any required Self-Exclusion Lists.
Users may post, upload, or otherwise provide photos, videos, comments, ideas, responses, data, graphics, opinions, or other content (“User Generated Content”). You—not RFFL—are responsible for your User Generated Content and its compliance with these Terms. You retain ownership of your content, but by submitting it, you grant RFFL a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable license to use, reproduce, modify, distribute, display, and otherwise exploit your User Generated Content in any form or media, now known or later developed, for the full duration of any applicable intellectual property rights.
You represent and warrant that your User Generated Content does not infringe any third-party rights and is not obscene, defamatory, unlawfully threatening, or harassing. You will not post content that impersonates others, interferes with RFFL’s systems, facilitates unauthorized access, or includes advertising or solicitation without written consent (fundraising activities are expressly permitted).
RFFL may monitor User Generated Content for compliance with these Terms but has no obligation to do so. RFFL may edit, refuse to post, or remove any User Generated Content at its sole discretion. RFFL does not endorse or guarantee the accuracy or reliability of any user-submitted content. If you find a posting objectionable, contact support@rffl.co immediately.
RFFL is an interactive computing service provider under 47 U.S.C. §230. If you believe material on the platform infringes your copyright, you may send a “Notification of Claimed Infringement” in compliance with the Digital Millennium Copyright Act to support@rffl.co.
By using RFFL, you agree that RFFL is not responsible for losses or damages arising from your use of the Services, and you expressly waive any claims for such losses or damages against RFFL, its officers, employees, shareholders, agents, and representatives.
Your use of RFFL constitutes agreement to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect and use your personal information. RFFL uses commercially reasonable measures to maintain security consistent with industry standards, but no security system is 100% secure. By using RFFL, you assume the risk that your information may be subject to unauthorized access or disclosure.
RFFL and its underlying technology, including all design, content, illustrations, icons, images, graphics, text, software, and other materials (collectively, “Application Information”), are owned by RFFL or its affiliates or licensed from third parties. RFFL is protected by copyright, trademark, trade secret, and other proprietary rights laws.
You may not reproduce, reverse engineer, decompile, modify, sell, distribute, or create derivative works from any RFFL materials without express prior written permission. You may not remove any copyright, trademark, or other proprietary notices from authorized copies.
Any feedback you submit to RFFL is provided at your own risk. RFFL has no confidentiality obligations regarding feedback. By submitting feedback, you grant RFFL a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable license to use, reproduce, adapt, distribute, and otherwise exploit that feedback for any commercial or non-commercial purpose. Send feedback to support@rffl.co.
RFFL IS PROVIDED “AS IS” WITH ALL FAULTS. RFFL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RFFL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH RFFL IS AT YOUR OWN RISK.
RFFL does not guarantee successful completion of any purchase. You are responsible for confirming all activity. RFFL may change, remove, or update the Services at any time without notice.
These Terms take effect on your first access to RFFL and remain in effect indefinitely. RFFL may suspend or terminate your access at any time, with or without reason, at its sole discretion. RFFL is not liable to you or any third party for any such termination. To terminate your own access, follow the account deletion procedures within the Applications. Your obligations and warranties under these Terms survive termination.
RFFL will defend and hold you harmless from third-party claims alleging that your permitted use of the Applications infringes U.S. patents, trademarks, trade secrets, copyrights, or other U.S. intellectual property rights (excluding claims related to User Generated Content). If your use is enjoined or likely to be enjoined due to such infringement, RFFL may obtain a license for continued use, modify the Applications to provide equivalent non-infringing functionality, or terminate your use rights. This represents RFFL’s sole obligation and your sole remedy for intellectual property infringement claims.
You will indemnify, defend, and hold RFFL, its affiliates, officers, directors, employees, and agents (collectively, “RFFL Parties”) harmless from all claims, demands, actions, costs, liabilities, losses, and damages (including attorneys’ fees) arising from: (i) your use or misuse of the Services; (ii) your User Generated Content; or (iii) your breach of these Terms. You will cooperate as reasonably required in RFFL’s defense of any such claim.
The indemnity-seeking party shall promptly notify the indemnifying party in writing of any indemnification-obligation-subject claim. The indemnifying party shall promptly assume investigation and defense, engaging counsel and paying all expenses. The indemnified party may employ separate counsel and participate at its own cost unless: (i) such counsel employment was authorized in writing; (ii) the indemnifying party fails within fifteen (15) calendar days to assume defense and engage counsel; or (iii) named parties to the action include both seeking-indemnity and indemnifying parties, and the seeking-indemnity party was advised by counsel that different/additional legal defenses are available than the indemnifying party’s.
If the indemnified party elects separate counsel at the indemnifying party’s expense, the indemnifying party loses defense assumption rights and must pay the indemnified party’s attorneys’ fees quarterly during defense.
NEITHER RFFL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOSS OF BUSINESS OR PROFITS, OR TRANSMISSION OF VIRUSES, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, OR NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RFFL’S TOTAL LIABILITY FOR ACTUAL DAMAGES SHALL NOT EXCEED THE LESSER OF FEES PAID IN THE PRECEDING TWELVE (12) MONTHS OR $1,000. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
These Terms are governed by the laws of New York State without regard to conflicts-of-law principles. Any permitted action or proceeding shall be brought exclusively in the state or federal courts of Onondaga County, New York, and you consent to personal jurisdiction and venue in those courts.
Any cause of action arising from these Terms or the Services must be commenced within one (1) year after it accrues. After that period, the claim is permanently barred.
These Terms, together with the Privacy Policy and any applicable Application Terms, constitute the entire agreement between you and RFFL regarding the Services and supersede all prior agreements.
If any provision of these Terms is held invalid or unenforceable, that provision shall be struck and the remaining provisions shall remain in full force and effect.
Failure by either party to respond to a breach does not waive that party’s right to respond to any subsequent or similar breach.
All required notices shall be in writing and are effective upon personal delivery, email delivery, or overnight delivery confirmation. Notices to RFFL should be sent to support@rffl.co. RFFL will send notices to the physical or email address you provided at registration. You are responsible for notifying RFFL of any updated contact information.
You may not assign these Terms without RFFL’s prior written consent. These Terms will bind and benefit the parties’ respective successors and permitted assigns. There are no third-party beneficiaries to these Terms.
RFFL and its employees are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and RFFL.
The following policies are incorporated by reference or otherwise govern your use of RFFL: