Introduction
Our Fundraiser is an online Platform that allows Participants to support their Organisation’s fundraising efforts by participating in Fundraising Competitions and/or Fundraising Draws that include a chance to win a prize. These Terms and Conditions govern all use of the Platform and the operation of all Fundraising Competitions and Fundraising Draws available thereon. If you are not a Participant (as defined below) or if you do not accept these Terms and Conditions, you are not permitted to use the Platform or enter any Fundraising Competitions and/or Fundraising Draws.
1. Definitions
In these Terms and Conditions and in the Introduction above, the following terms have the following meanings:
“Fundraising Competitions” means those fundraising competitions associated with all Organisations which are made available on the Platform and where eligible Qualifying Participants have a chance to win Fundraising Competition Prizes, including but not limited to the “Summer Giveaway Competition” and other seasonal competitions.
“Fundraising Competition Prizes” means the prizes as published on the Platform in relation to each Fundraising Competition.
“Fundraising Competition Rules” means any specific rules or guidelines published on the Platform at the point of participation in a Fundraising Competition.
“Fundraising Draws” means those fundraising draws associated with the Organisation which are made available on the Platform and include the Organisation Fundraiser Draw.
“Fundraising Draw Rules” means any specific rules or guidelines published on the Platform at the point of participation in a Fundraising Draw.
“Lottery Permit” means a Lottery Permit issued by a superintendent of the Garda Síochána pursuant to section 27B of the Gaming and Lotteries Act 1956 (as amended by the Gaming and Lotteries (Amendment) Act 2019).
“Lottery Licence” means Lottery Licence issued by a District Court pursuant to section 28 of the Gaming and Lotteries Act 1956 (as amended by the Gaming and Lotteries (Amendment) Act 2019) or when such legislation is repealed and such licenses are no longer effective, by the Gambling Regulatory Authority of Ireland.
“Organisation” means the relevant organisation identified on the Platform in respect of each Fundraising Competition and Organisation Fundraiser Draw and can include schools, parishes, football clubs, clubs, and other organisations.
“Organisation Fundraiser Draw” means each fundraising draw hosted by us on the Platform which is undertaken pursuant to a Lottery Permit or Lottery Licence granted to the relevant Organisation, and where eligible Participants have a chance to win prizes.
“Organisation Fundraiser Prizes” means the prizes as published on the Platform in relation to each Organisation Fundraiser Draw.
“Our Fundraiser” or "Our Grassroots Fundraiser" or “we/our/us” is a reference to Altira Ventures Limited, a private limited company with its registered office at Fitzwilliam Court, Dyer Street, Drogheda, Co. Louth A92 X7WY, Ireland.
“Participant” means a person who is over 18 years of age and who has registered on the Platform and who participates in Fundraising Draws.
“Platform” means the Our Fundraiser and Our Grassroots Fundraiser website and app which are the only forums on which Participants can participate in Fundraising Competitions and/or Fundraising Draws.
“Qualifying Participant” means a Participant who has a line in a Fundraising Draw and whose Organisation has not opted out of a Fundraising Competition.
2. Participants
1. Participants are required to register on the Platform by providing a unique username (being a valid mobile number) and a unique and confidential password which enables them to open an account and participate in the relevant Fundraising Competitions and/or Fundraising Draws.
2. Participants must be over 18 years of age. You may not register on the Platform, and you are not permitted to participate in a Fundraising Competition and/or a Fundraising Draw if you are under 18 years of age or if you reside in a country where participation in a Fundraising Competition and/or Fundraising Draw is unlawful.
3. Persons who are directors, officers or employees of Our Fundraiser are not permitted to become Participants.
3. Registration
1. Each Participant may open one account on the Platform.
2. Participants represent, warrant, and undertake to Our Fundraiser that all information provided in the course of registration (including payment card data) is their own and that it is accurate, complete and up to date and that they will update their information promptly in the event of any change.
4. Participants agree to: (1) use a strong password and keep it confidential; and (2) not transfer their account to any third party. Participants are solely responsible for anything that happens through their account unless they close it or report misuse to us in writing.
5. While we are under no obligation to do so, we may seek to validate a Participant’s registration information and we shall not be responsible for the payment of prizes if a Participant has provided false or inaccurate data to us.
4. Subscription, Payments, and Cancellations
1. To enter a Fundraising Draw, Participants must subscribe and put their account in funds. Our Fundraiser operates a four-week subscription cycle. This means that the minimum subscription is one line for each of the following 4 weekly Fundraising
Draws (e.g. €2.50 x 4 = €10). Alternatively, Participants may enter up to a maximum of three lines per week in each four-week subscription cycle (e.g. €5 x 4 = €20). Participants holding an active subscription may also enter an additional three lines (maximum) on a once off basis for any Fundraising Draw.
2. Subscriptions will automatically renew every 4 weeks unless Participants cancel future subscriptions at any time by clicking on the “Cancel” option in the “My Tickets” section on the Platform. If a Participant cancels their subscription, no further funds will be taken from them. All subscription funds received prior to receipt of a cancellation are non-refundable and the Participant’s lines will be included in any future Fundraising Draws until the subscription funds received prior to receipt of the cancellation have been used.
3. You hereby agree, warrant and represent that:
a) You are an eligible Participant who meets the criteria in clause 2 above;
b) You are not depositing monies originating from criminal and/or other un-authorised activities;
c) You will maintain the confidentiality of your user account details;
d) No charge backs will be made relating to your account without our consent; and
e) You will comply with these Terms and Conditions.
In the event of any breach of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.
5. Fundraising Competition Rules
1. Where Fundraising Competitions includes Fundraising Competition Rules, they shall apply in addition to these Terms and Conditions.
2. While we make every effort to avoid errors, human mistakes and/or systems malfunctions may occasionally result in errors. We reserve the right to correct any errors and to void any Fundraising Competitions where such have occurred. In the event of errors relating to Fundraising Competitions, we reserve the right to void the competition, re-run the competition or refund the relevant Participant contributions.
5. After 7.00 pm on the date of the Fundraising Draw, one Qualifying Participant will be selected per prize by an automated random selection tool. We will then call the selected Qualifying Participant on the telephone number on which they have registered.
6. To be able to win the prize, the Qualifying Participant must answer their phone within five rings. If the Qualifying Participant answers the call within five rings, they will be asked to answer a question. If the Qualifying Participant correctly answers the question, they will win the prize.
7. If there is any doubt as to whether the Qualifying Participant has correctly answered the question, then we may ask the Qualifying Participant to repeat their answer.
8. If the Qualifying Participant does not answer their phone within five rings or does not correctly answer the question, they will not win the prize and we will repeat the process set out above to select a second Qualifying Participant. The second Qualifying Participant will then be able to win the prize in the manner described in these Terms and Conditions. This process will be repeated until a selected Qualifying Participant answers their phone within five rings and correctly answers the question.
9. For the avoidance of doubt, the Qualifying Participant will not be able to win the prize if:
their Organisation has opted out of the Fundraising Competition; or
the call goes to voicemail; or
they fail to answer the phone at all; or
they fail to answer the call within five rings; or
they incorrectly answer the question or fail to say anything at all or are disconnected for any reason beyond our control; or
they breach these Terms and Conditions.
10. We will repeat the above process for each of the Fundraising Competition Prizes.
11. If a Qualifying Participant has won a prize in a Fundraising Competition or an Organisation Fundraiser Prize jackpot in the 3 months prior to the competition date, they are not eligible to win a prize in a Fundraising Competition. If such a Qualifying Participant is selected, that selection will be void and we will conduct a further selection.
12. We are not responsible for any technical or network issue or other issue beyond our control that a Qualifying Participant may experience, which may prevent their participation in or cause them not to win a Fundraising Competition.
13. Our decision in relation to the selection of the Fundraising Competition winner is final.
6. Fundraising Draw Rules
1. Where Fundraising Draws includes Fundraising Draw Rules, they shall apply in addition to these Terms and Conditions.
2. While we make every effort to avoid errors, human mistakes and/or systems malfunctions may occasionally result in errors. We reserve the right to correct any errors and to void any Fundraising Draws where such have occurred. In the event of errors relating to Fundraising Draws, we reserve the right to void the draw, re-run the draw or refund the relevant Participant contributions.
3. A Participant can purchase a line in an Organisation Fundraiser Draw prior to 7.00 pm on the date of the Fundraising Draw.
4. Each active line held by a Qualifying Participant in a Fundraising Draw on the date of the Fundraising Competition will be an entry into the Fundraising Competition (e.g. 3 lines in a Fundraising Draw will be 3 entries in a Fundraising Competition).
7. Prizes
1. One jackpot may be won for each Organisation Fundraiser Draw. Where there is more than one winner of a jackpot, the published jackpot figure will be split equally among the Participants based on the number of winning lines held by them.
2. If the jackpot is not won, then each Organisation Fundraiser Draw will include a weekly prize as published on the Platform (e.g. €25 in cash) which will be awarded to a Participant drawn at random by us.
3. Payment of cash prizes will be credited to the Participant (in the case of the Organisation Fundraiser Draw) by bank transfer, cheque, bank draft or other manner reasonably determined by us. Participants may be required to provide evidence of identity and validation information prior to claiming a prize.
4. We and the Organisation will publish the names of the winners of all Fundraising Competition Prizes and Organisation Fundraiser Prizes on the Platform and in any other manner determined by us and/or the Organisation. However, should a Participant wish to keep their identity confidential, they may request that we and the Organisation do so.
5. We reserve the right to substitute a prize of equal value (as determined by Our Fundraiser) if a particular prize becomes unavailable for any reason whatsoever.
8. No Warranty
1. Our Fundraiser services are provided “as is” without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. We do not give any warranty that the availability and performance of the Platform or third party content will be uninterrupted, timely, secure or error free or that the Platform will be free of harmful content or that the any content will be secure or not otherwise lost or altered.
9. Liability
1. OUR MAXIMUM LIABILITY (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR PARTICIPATION IN ANY FUNDRAISING COMPETITIONS AND/OR FUNDRAISING DRAWS AND/OR THESE TERMS & CONDITIONS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO 100% OF THE TOTAL PAYMENTS MADE TO US BY YOU IN THE PREVIOUS 12 MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN 12 MONTHS).
2. Notwithstanding the rest of the terms of this Clause 9, nothing in these Terms & Conditions shall exclude or limit our liability for fraud, death or personal injury resulting from our negligence or any liability to the extent such liability cannot be excluded or limited as a matter of law.
10. General
1. We reserve the right to refuse to register you as a Participant, either with or without cause. We reserve the right to immediately suspend or terminate your account at any time, either with or without cause, we will use our reasonable endeavours to give notice to you either before or after suspending or terminating your account.
2. Without prejudice to the generality of Clause 10.1 above, we reserve the right to suspend or terminate any Fundraising Competition at any time if it is necessary to comply with applicable laws. We reserve the right to suspend or terminate any Fundraising Draw at any time if it is necessary to comply with applicable laws or any conditions associated with any Lottery Permit or Lottery Licence or if, in our reasonable opinion, the operation of the Fundraising Competition and/or Fundraising Draw has become unviable (for example as a result of insufficient entries).
3. Following termination or suspension of an account, we will endeavour, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms and Conditions.
4. We reserve the right to amend these Terms and Conditions at any time and we will publish the amendments on the Platform with the date of adoption at which point they will be binding on all users of the Platform. We may also transfer, assign or otherwise convey any of your rights or obligations under these Terms & Conditions to a third party, including in the context of any sale of our business.
5. If any provision of these Terms & Conditions is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms & Conditions.
6. Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
7. We will not be responsible for any delay or failure in performance resulting from acts beyond our control. Such acts will include but not be limited to: acts of God, government or war; riots; terrorist acts; epidemics, fires, floods, or disasters, industrial disputes, failure of a utility, platform or technology service, the unavailability of any communications network or any cyber-attack leading to the unavailability or service issues on the Platform.
8. These Terms & Conditions, together with any Fundraising Competition Rules and/or Fundraising Draw Rules or any other documents referred to herein represent the entire agreement between Our Fundraiser and each Participant and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We and each Participant acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between them except as expressly stated in these Terms & Conditions. Each Participant acknowledges that the provider of their communications devices and apps (e.g. Apple, Google, Samsung, Galaxy, Huawei, etc) are not a party to these Terms & Conditions and that they are not responsible for the promotion or operation of the Fundraising Competition and/or Fundraising Draws.
These Terms & Conditions shall be governed by Irish law and any claims or proceedings arising out of or in any way relating to the Platform or these Terms & Conditions, shall be governed by the laws of Ireland and the Irish Courts shall have exclusive jurisdiction over them.
Effective Date: 15 May 2024