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Raffle Gives Terms and Conditions[a]

These terms and conditions ("Terms and Conditions") govern your use of the Application (as defined below) as provided by Love Elephants LLC a Nevada Company, doing business as Raffle Gives, Inc.  ("Raffle Gives," the "Company," "We" or "Us"). These Terms and Conditions are a binding legal agreement between you and Raffle Gives. Raffle Gives may change these Terms and Conditions at any time without notice to you by posting the revised Terms and Conditions with the date they were revised.

When ordering a raffle ticket through Raffle Gives, you are placing an order for a raffle ticket and not purchasing a raffle ticket directly. As a service provider and acting on your behalf, Raffle Gives will fulfill that order through a licensed retailer in the jurisdiction where the order was placed. Raffle Gives is the retailer's authorized agent for accepting payment from Users (as defined below).

IMPORTANT LEGAL NOTICE: PLEASE READ THESE Terms and Conditions CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. Raffle Gives, Inc.  IS NOT AFFILIATED, OR ENDORSED BY ANY STATE RAFFLE OR GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE Terms and Conditions IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.

1. Defined Terms

For the purpose of these Terms and Conditions:

  1. "Account Funding" means funding your account via one of the accepted forms of payment for the purposes of ordering a raffle ticket.
  2. "Application" and/or "RaffleGives.com" mean all of the services offered on the Raffle Gives application and websites, including, without limitation, all technology, processes and materials used to provide such services;
  3. "Available Funds" means any Raffle Gives Credits in an Account (as defined below) which have not been used to order Tickets through this Application or withdrawn to a bank account;
  4. "Designated Drawing" means the specific raffle drawing that you are ordering a Ticket to enter using the Application or RaffleGives.com;
  5. "Drawing Entry" means any set of numbers that constitute a single drawing entry on a Ticket; a Ticket may have multiple Drawing Entries;
  6. "Redemption Threshold" is the maximum dollar value for which a winning ticket may be redeemed for cash.
  7. "Raffle Gives," "we" and "us" means Raffle Gives, Inc., including its agents, contractors and any parties involved in creating, producing, or delivering this Application;
  8. "Raffle" means an official raffle game
  9. "Non-Winning Ticket" means any Ticket with prizes equal to $0 after prize values are announced;
  10. "Personal Information" means information about a natural person that is readily identifiable to that specific individual. Personal Information includes, among other information, an individual's name, address, telephone number, date of birth, email, password, and any other information used to identify you on this Application. But a domain name or Internet protocol address is not considered Personal Information, as used herein;
  11. "Play" means a single game entry;
  12. "Regulator" means the organization that regulates the raffle in a given jurisdiction (e.g. The Nevada raffle);
  13. "Ticket" means any raffle ticket entered into a Designated Drawing;
  14. "User" means any person that opens and maintains an Account on this Application;
  15. "Winning Ticket" means any Ticket that wins a prize;
  16. "You" and "Your" means each person, group of individuals, entity or entities who visits this Application for any purpose.

2. User Agreement

By accessing the Application, creating an account via the Application (an "Account"), or clicking to accept or agree to these Terms and Conditions when this option is made available to you, you hereby (a) acknowledge that you have read and agree to be bound to and abide by these Terms and Conditions; (b) represent and warrant that you are eligible to access the Application and are authorized and able to accept these Terms and Conditions; and (c) acknowledge that you have read Raffle Gives' Privacy Policy, and agree that Raffle Gives may collect, process, store, and disclose your information consistent with such policy. If you do not wish to be bound by these Terms and Conditions, you must not access or use the Application. By declining to accept these Terms and Conditions, you will be unable to create an Account or access or use the Application.

We reserve the right to change these Terms and Conditions at any time without prior notice to you. If we make what we determine to be material changes to these Terms and Conditions, we will notify you by prominently posting a notice or by sending a notice to the e-mail address on file. It is your obligation to provide us with notice of any change to your e-mail address by sending us notice immediately to support@RaffleGives.com. Your continued use of the Application following such material changes constitutes your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the Application and provide written notice of same to support@RaffleGives.com. We will automatically deactivate your Account and return any funds remaining in your Account, as detailed in these Terms and Conditions, unless you instruct us otherwise. You are expected to check this page each time you access the Application so you are aware of any changes, as they are binding on you.

3. Eligibility

In order to create an Account, order Tickets and/or claim prizes on the Application, you must, at the time of registration:

  1. be at least 18 years of age;
  2. be physically located in a state in the United States (including the District of Columbia) and in a "Jurisdiction" in which use of the Application is unrestricted by law;
  3. not be a person barred from using the Application, or a similar raffle service, or barred from ordering or purchasing raffle tickets under the laws of any Jurisdiction or the United States;
  4. at all times abide by these Terms and Conditions as set forth herein;
  5. provide accurate and complete personal information where requested, and update Raffle Gives if your information changes, including credit card or bank account information;
  6. ensure that the name on your credit cards or bank account(s) matches the name on each of your ticket orders; and
  7. comply with any other applicable laws, regulations, or legal requirements.

If you reside in a Jurisdiction that requires you to be twenty-one (21) years of age or older to participate in a raffle, you must adhere to that Jurisdiction's laws in order to use the Application. If you do not meet all of these requirements, you must not access or use the Application. Raffle Gives reserves the right to verify your age and/or identity and eligibility at any time. Any failure to cooperate with Raffle Gives in this respect may result in the suspension and/or termination of your Account. Eligibility determinations are made by Raffle Gives, in its sole discretion.

BY ACCESSING OR USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, TO ABIDE BY ALL OF THESE Terms and Conditions, THAT YOU ARE NOT PROHIBITED OR RESTRICTED FROM ACCESSING OR USING THE APPLICATION, AND THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS SET FORTH ABOVE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO ACCESS OR USE THE APPLICATION AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH Raffle Gives SHALL HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES. Raffle Gives DOES NOT INTEND FOR THE APPLICATION TO BE USED BY PERSONS PRESENT IN JURISDICTIONS IN WHICH PARTICIPATION IS PROHIBITED OR RESTRICTED. YOU AGREE THAT THE AVAILABILITY OF THE APPLICATION DOES NOT CONSTITUTE AN OFFER, SOLICITATION OR INVITATION BY Raffle Gives FOR THE USE OF THE APPLICATION IN ANY JURISDICTION IN WHICH SUCH ACTIVITIES ARE PROHIBITED OR RESTRICTED. Raffle Gives RESERVES THE RIGHT TO DENY ACCESS TO THE APPLICATION TO ANYONE AT ITS SOLE DISCRETION.

4. User Accounts

  1. Registration for an Account. To register for an Account, download the Application and complete the online registration process. You will be required to submit personal information including your phone number and email address. You will then be prompted with security measures to identify yourself. You consent to these calls by accepting these Terms and Conditions. If you do not respond to our requested communication or we cannot reach you via the phone number you have provided (for instance in the event your mobile phone company has suspended your account), then we may suspend your Account until we are able to reach you via the number you provided at registration. If you need to update your phone number, please log-in through your Account and update your mobile number, which you will also be required to verify via SMS text message communications or a phone call.
  2. Age Verification. Before you can place an order, your age must be verified. You will be required to provide the details requested including but not limited to your name, date of birth, zip code, and address. You may also be asked to provide a picture of a government ID or scan the barcode on a government ID. Raffle Gives accepts current (non-expired) state driver's licenses or state or military identification cards. By creating an Account and providing your contact information and cell phone number on this Application, you agree to provide accurate and current information about yourself, and to maintain and promptly update your profile information in the event it changes (such as your address or e-mail address) after Account creation. You may modify your profile information by logging into your Account and making such changes. For further assistance, please contact customer service at support@RaffleGives.com. Any information collected by the Company will be held subject to its Privacy Policy, available at https://www.rafflegives.com/info/privacy-policy and "just-in-time" notices, if any, provided at the point of information collection or use. By creating an Account on this Application, you also agree to allow Raffle Gives to contact you via mail, email, autodialed calls or texts or through any other means necessary to verify and update your profile and order information, or collect additional information related to your Account.
  3. Marketing. You acknowledge and agree that Raffle Gives may send you emails containing information about raffle products, such as games and promotions, as well as notifications pertaining to your Account activity. You may opt-out of promotional emails by following the opt-out instructions in the emails. However, we will still contact you regarding administrative matters concerning your Account. If you provide any information that is inaccurate or not current, or Raffle Gives has reasonable grounds to suspect that such information is inaccurate or not current, or you cannot be reached for any reason, Raffle Gives reserves the right to suspend or cancel your Account, withhold your Account balance, revoke your right to any Tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof).
  4. Security of Your Account. Access to, and use of your Account is strictly limited to you as the registered User of your Account. You are required to immediately notify Raffle Gives at support@RaffleGives.com if you discover fraudulent or unauthorized orders, funds transfers or suspect that someone else is using your account login credentials without your permission.
  5. One (1) Account/No Transfer of an Account. Only one (1) Account is allowed per person. You are strictly prohibited from opening or operating a shared account, and Raffle Gives may suspend or terminate your use of the Application if in our sole discretion, we deem you to be sharing an Account, or providing false Account information. In the event Raffle Gives determines that you have registered more than one (1) Account, you acknowledge and agree that, in addition to any other rights Raffle Gives may have, Raffle Gives has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). If you need to update the name on an Account (such as a name change due to marriage), please contact us at support@RaffleGives.com. Please note that you will be asked to provide verifying information and that all documentation must be complete and accurate.
  6. Your Account is not transferable. You may not transfer or share your account with any other party. Each individual must open its own Account. The name on any Ticket order must match the name on your Account. In the event of any dispute, the Account holder (i.e. the person or entity who opened the Account and provided payment information) is deemed the holder of the Ticket. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the age of eighteen (18) (or twenty-one (21) where required in the applicable Jurisdiction) or who are barred from ordering or purchasing Tickets under the laws of the applicable Jurisdiction or, to use the Application or to use or re-use your Account, including but not limited to, in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Application or of your Account and for any use of your payment instrument by any other person or third party in connection with your Account. Any person found to have violated this section may be reported to the relevant authorities and Raffle Gives has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). Raffle Gives will not be liable for any loss that you may incur as a result of someone else using your Account.
  7. Equipment Obligation to Use Application. You must provide all equipment and software necessary to download and use the Application, including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees, including, without limitation, SMS/MMS text usage fees, that you incur when accessing the Application.
  8. Account Termination. Your Account may be suspended or terminated and prize funds may be returned to the regulator of the state raffle (hereinafter the "Regulator"), if applicable, for:
  1. Fraud or suspected fraud of any type;
  2. Violation or suspected violation of these Terms and Conditions, our Privacy Policy, or any applicable regulations, state or federal laws; or
  3. Any other reason as set forth in the Terms and Conditions, including as the Terms and Conditions may be amended from time to time.

In the event of Account suspension, Raffle Gives may, in its sole discretion, restrict all Account functionality, including but not limited to orders, claims, Account Funding and withdrawals. Registered Users of Accounts for which suspension escalates to Account termination may be subject to forfeiture of prizes awarded for Winning Tickets back to the Regulator, and will be permanently restricted from using this Application in any capacity. Raffle Gives may also restrict any person or entity found to be using or attempting to be using the Application fraudulently, or with intent to commit fraud, disrupt the Application, or create harm to Raffle Gives, its Users, or any third party, including for research or any other purpose outside of the stated purposes of the Application.

Users can also unsubscribe from the Application. To unsubscribe from the Raffle Gives Application and de-activate your Account, you will need to contact support@RaffleGives.com. If you unsubscribe, your Withdrawable Credits will be converted to U.S. dollars and transferred to the User in a reasonable manner at the discretion of Raffle Gives and the Account will be deactivated. You will need to delete the Application to complete the process. Raffle Gives is under no obligation to permanently delete any data except as otherwise may be set forth in our Privacy Policy. USERS CANNOT DEACTIVATE THEIR ACCOUNT IF THEY HAVE ANY PENDING OR IN-PROCESS FUND REQUESTS OR IF THEIR ACCOUNT IS ALREADY LOCKED.

5. Account Funding, Orders and Withdrawals

1. Promo Codes

Raffle Gives may from time to time offer promo codes to be used in conjunction with the order of Tickets on the Application. Promo codes are valid for a limited time only and promo code discounts apply only to the qualifying items described in each promo code offer. Promo code offers will not be valid until applied to a qualifying item in your cart and promo code discounts will not apply until your order is complete. Each promo code is limited to one use per User and may not be combined with any other promotions. Raffle Gives has no obligation for payment of any tax in conjunction with the distribution or use of any promo code, and Users are required to pay any applicable sales tax related to the use of any promo code. Raffle Gives, in its sole discretion, reserves the right to accept, refuse, limit, modify or cancel any promo code at any time for any reason without prior notice to you. Promo codes are void where prohibited by law and only good while supplies last.

4. Refunds and Cancellations

All sales of single-play Tickets through the Application are final and are ineligible for refund or cancellation at any time. Raffle Gives is expressly not responsible for any refunds on any orders placed from your Account, including but not limited to any orders you may claim were placed inadvertently or by mistake/accident. Please review your orders before you place them. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Tickets may be canceled, we may refuse to honor all pending and future Ticket orders made with those credit card or bank accounts and/or via any Account associated with those credit card or bank accounts, and your account is subject to suspension and/or cancellation. We may also prohibit you from using the Application for a period of time. Users of Accounts for which suspension escalates to account cancellation may be subject to forfeiture of prizes awarded for Winning Tickets to the appropriate Regulator and may be permanently prohibited from using this Application in any capacity. All remaining unplayed Raffle Gives credits will be forfeited to Raffle Gives upon account cancellation. You shall have no recourse and Raffle Gives shall have no liability as a result of any such cancellation. In the event of any Account suspension or cancellation, all provisions of these Terms and Conditions relating to User warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, please email to support@RaffleGives.com.

In the event of the death of a Raffle Gives User, winnings will be paid in accordance with these Terms and Conditions, to the Executor or similarly functioning representative under his/her last will and testament or, if there is no will, in accordance with the laws of the state of his/her legal residence. Raffle Gives may, in its sole discretion, require proof and documentation to establish that the User is deceased and the individual or entity claiming the Withdrawable Credits is entitled to them before paying such Withdrawable Credits.

5. Chargebacks/Insufficient Fund Charges

You are responsible for any and all bank and legal fees incurred by you or Raffle Gives associated with your disputed charges and chargebacks or insufficient funds for orders or attempted orders made on the Application. Additionally, Raffle Gives may charge you a fee in the event Raffle Gives incurs any such bank or legal fees. You will be notified by e-mail of any chargebacks or fees and we may deduct the same from your Account if your Account has sufficient Withdrawable Credits to cover these charges. If it does not, we will not allow further orders until these charges are paid with a valid form of payment. In Raffle Gives' discretion, we may suspend or terminate your Account for overcharges or insufficient fund charges or notifications. Additionally, Raffle Gives may withhold any present or future Withdrawable Credits in the event Raffle Gives incurs any bank or legal fees associated with disputed charges and chargebacks or insufficient funds related to your Account.

6. Credit Card/Bank Information

It is important that your credit card and/or bank account information be accurate and complete at all times. If you receive a replacement credit card (for instance, following the loss of a card), please log-in to your Account and update your credit card information. Similarly, if you change banks, please promptly update your banking information by logging into your Account. In the event Raffle Gives detects any potential fraud associated with your Account, including your credit card or bank account, Raffle Gives may suspend or terminate your Account. Raffle Gives reserves the right to cancel any Tickets ordered through an Account deemed to be associated with a fraudulent payment (such as a stolen credit card), including by forfeiture of any winnings you would have received that were ordered with a fraudulent payment or Account. Notwithstanding anything to the contrary herein, you may only fund your Account with a funding source that is owned by you.

7. Funding with a Bank Account

Each time you use the Application to fund your Account with a single bank transaction, you agree to the following: "I authorize Raffle Gives to debit the account indicated for the amount noted on today's date. I will not dispute Raffle Gives debiting my account, so long as the transaction corresponds to the terms in this online form and my agreement with Raffle Gives."

You must ensure that your name on any Ticket order you place through the Application always matches your bank account name. The authorized bank account holder will be deemed the Ticket holder in the event of any dispute.

8. Funding with a Debit Card

If asked to enter the last 4 digits of your social security number you agree to the following: "I certify, under penalty of perjury that: 1) The Taxpayer Identification Number or Social Security Number I provided is correct; 2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3) I am a U.S. citizen or other U.S. person; and 4) The FATCA code(s) entered (if any) indicating that I am exempt from FATCA reporting is correct. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding."

You must ensure that your name on any Ticket order you place through the Application always matches your debit account name. The authorized debit account holder will be deemed the Ticket holder in the event of any dispute.

9. Funding with PayPal or Venmo

If you use PayPal or Venmo products to fund your account, you agree to the applicable product’s Terms and Conditions and Privacy Policy, as may be updated from time to time.

You authorize Raffle Gives to share your identity and Account data with PayPal and/or Venmo, as applicable, for the purposes of supporting such an account, and you are responsible for the accuracy and completeness of that data.

You must ensure that your name on any Ticket order you place through the Application always matches your PayPal or Venmo account name, as applicable. The authorized account holder will be deemed the Ticket holder in the event of any dispute.

Any underlying funding source used through PayPal or Venmo must be a permitted funding source for ordering raffle tickets in the jurisdiction in which you place your order.

10. Raffle Gives Application Services

Upon registering with Raffle Gives, you will be able to utilize the Application to order official Tickets over the internet; sign-up for and order a subscription plan ("Autoplay"); log into your Account; view past Tickets and upcoming Tickets; manage your Account; and access other information related to the official state raffles.

Avoid Raffle Scams[b]

This is a warning to all consumers about scammers who are sending false announcements regarding raffle prizes.

As part of the scam, an individual is contacted by phone, email, text message, or a letter from a scammer who is claiming that the recipient has won a prize with a raffle. Unless you hear from Raffle Gives directly, this is a fraudulent claim and there is no such prize. Federal law prohibits the sale or mailing of raffle tickets across state lines. You may only order raffle tickets or set up a subscription in the state you are physically located. Never respond to these communications and never provide information or send money to a scammer.

Warning Signs

  • Although Raffle Gives has your contact information and knows that you have won, the raffle does NOT know who the winners are until they come forward with a winning ticket. The raffle does not notify you, you will be notifying the raffle.
  • Neither Raffle Gives nor the raffle ever requires the payment of any money in order to claim a prize.
  • No one should ever send any money to pay any ‘processing fee’ or any other requested fee in order to claim a prize.
  • Never deposit any check sent to you that is accompanied by a request that you send or wire money to cover processing or claiming fees. The check that you’ve received is fraudulent and will bounce.
  • Never provide any personal or financial information to a scammer, especially Social Security numbers, bank account numbers, and credit card numbers.

Report Scams

Report any attempted scam to the Federal Trade Commission at 1-877-FTC-HELP or at the FTC Consumer Information website.

l. Exclusions/Self-Exclusions. No Arrangements for Prohibited Persons/Excluded Persons. You acknowledge that Raffle Gives is a United States company. As such, Raffle Gives:

  • Raffle Gives reserves the right to prohibit certain "prohibited persons" that are government officials from using the app.
  • Raffle Gives reserves the right to prohibit any "excluded persons" that are listed on an applicable "exclusion list" from using the app.
  • Persons who have executed and submitted to Raffle Gives an appropriate request for voluntary self-exclusion from using the Application, or purchasing or ordering Tickets or other services, in accordance with a state's voluntary self-exclusion program or Raffle Give's voluntary self-exclusion thereunder ("Voluntary Self-Exclusion") may not use the Application. Raffle Gives is not liable for any access by or services provided to a self-excluded persons accessing the Application or creating an Account.
  • As set forth and unless otherwise indicated in these Terms and Conditions, other persons are excluded from using the Application or creating an Account. Those persons include:
  1. Those under the age of 18 (or 21, where required in the applicable jurisdiction)
  2. Raffle Gives employees, officers and directors.
  3. Those who are not located in a Jurisdiction where Raffle Gives can legally order tickets.
  4. Those who do not meet the eligibility and verification requirements, including identification requirements.
  5. Those excluded by the applicable Regulator.
  • Raffle Gives, in its sole discretion, may exclude any person or entity from using its application or opening an account.

m. Other Parties. As set forth and unless otherwise indicated in these Terms and Conditions, other persons are excluded from using the Application or creating an Account. Those persons include those under the age of 18 (or 21 where required in the applicable Jurisdiction); employees, officers, and directors of Raffle Gives and any of its or their parent companies, subsidiaries, affiliates as well as direct technology vendors, content providers, component suppliers (both hardware and software) directly related to the Application, and each of their respective immediate family (defined as parents, spouse, partner, and children) residing in the same household (but as noted above, such persons may, however, access the Application, and will from time-to-time do so for the purpose of testing the Application, including, without limitation, evaluating User experience, and other reasonable and fair uses at the sole discretion of Raffle Gives); those who are not located in a Jurisdiction where Raffle Gives can legally order Tickets or digital currency services on a User's behalf; those who do not meet the eligibility and verification requirements, including identification requirements; and those excluded by the applicable Regulator. Raffle Gives may exclude any person or entity from using its Application or opening an Account in its sole discretion.

11. Winning Tickets and Prize Claiming

In connection with a Ticket redemption, Raffle Gives transmits winnings to the User. You consent to Raffle Gives storing any Ticket on your behalf.

Once the drawing and prize results are in, Raffle Gives will notify you in the Application and email you to let you know if your Ticket is a Winning Ticket.

Prize claims made through this Application are subject to the prize payout rules and regulations set forth by the Regulator. Raffle Gives may provide the Regulator with any User Personal Information as requested by the Regulator, including to process prize claims. Such information may include, but is not limited to, the full name, address and phone number listed in your Account.

The proper IRS tax form W2G must be submitted to release funds.

12. Limited License to the Raffle Gives Application

1. License Grant. The Application and its contents, features and functionality, including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (collectively, "Content"), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Subject to these Terms and Conditions, the Company grants you a limited, non-exclusive and nontransferable license to (i) download, install and use the Raffle Gives Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with these Terms and Conditions and (ii) access and use the services made available in or otherwise accessible through the Raffle Gives Application strictly in accordance with these Terms and Conditions.

2. License Restrictions. You acknowledge and agree that you shall not:

1. Copy the Application, except as expressly permitted by this license;

2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application or any of the Content on the Application;

3. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

4. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application or Content, including any copy thereof;

5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;

6. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application or the Content thereon;

7. Use the Application or the Content in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling; and

8. Use the Application or Content in violation of these Terms and Conditions or applicable law.

Any such conduct may result in the immediate termination of your Account as well as your limited right and license to use the Application, and may subject you to liability for violations of law.

3. Reservation of Rights. You further acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms and Conditions, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions under these Terms and Conditions. The Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions.

4. From time to time, the Company may in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either (i) the Application will automatically download and install all available Updates or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the Application or portions thereof may not properly operate should you fail to promptly download and install all Updates. You further agree that all Updates will be deemed part of the Application and be subject to these Terms and Conditions.

5. Mobile Device and Service Charges. Certain features of the Application require communication with the Company's servers, including, without limitation, Application downloads and Updates, which may consume and exceed your service provider's data or minute allowance limits. You acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of the Application, including any overage and penalties assessed for exceeding the limits imposed by your service provider. You are responsible for the cost of your Mobile Device and to ensure that your Mobile Device meets the system requirements of the Application, including obtaining periodic updates or upgrades from your Mobile Device service provider to continue using the Application. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION WILL BE COMPATIBLE OR FUNCTION WITH ANY PARTICULAR MOBILE DEVICE, NOR DOES THE COMPANY WARRANT OR ACCEPT ANY LIABILITY FOR OPERATION OF THE MOBILE DEVICE USED TO ACCESS THE APPLICATION.

6. Term and Termination. The term of your limited license to the Application commences when you download the Application and accept these Terms and Conditions and will continue in effect until the earlier of (i) your deletion of the Application from your Mobile Device or (ii) the Company's suspension or termination of your limited license to the Application and/or termination of your Account. Upon termination (i) all rights granted to you under these Terms and Conditions will also terminate and (ii) you must cease all use and delete all copies of the Application from your Mobile Device. Termination of your limited license will not limit any of the Company's rights or remedies at law or in equity.

13. Intellectual Property Rights

  1. Copyright Information and Non-Commercial Use Limitation. The Application and its Content are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  2. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

14. Use Prohibitions

You agree to access and use this Application only for lawful reasons. You are responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of this Application. You are prohibited from using this Application in a way that:

  1. Is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Raffle Gives deems in its sole discretion to be inappropriate for this Application or that seeks to interfere with other User's use or enjoyment of the Application;
  2. Violates any law, regulation, or court order;
  3. Accesses, collects or stores Personal Information about others;
  4. Violates or infringes upon the rights of anyone else, including, for example, another person's Right to privacy;
  5. Impersonates any person, business, entity, or IP address (e.g., IP spoofing);
  6. Involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
  7. Is commercial in nature, including, without limitation and for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages, or for your own research and/or development;
  8. Gains or tries to gain unauthorized access to this Application, its computers and networks, or its User data, or that otherwise modifies or interferes with the use or operation of this Application;
  9. Imposes an unreasonable or disproportionately large load on Raffle Gives 'infrastructure, including but not limited to automating scripts for Account creation, transmitting spam or using unsolicited mass emailing techniques;
  10. Alters, damages, or deletes any content posted on this Application;
  11. Contains or introduces computer viruses or other disruptive, damaging or harmful files or programs;
  12. Otherwise violates these Terms and Conditions or any other guidelines or policies posted on this Application, including the Privacy Policy, which are incorporated by this reference into these Terms and Conditions; or
  13. Uses the referral system to refer fake people or people that have otherwise not consented to or that are otherwise not aware of such referral.

Raffle Gives will cooperate fully with any law enforcement officials and/or governmental agencies if requested or required in the investigation of any Users who violate these Terms and Conditions and may disclose your information to such law enforcement officials and/or agencies if required by law.

15. Comments and Other User Submissions/Use of Information

While Raffle Gives does not claim ownership of any comments or suggestions that you may submit to Raffle Gives, by submitting a comment or suggestion or any other material to this Application, you hereby authorize and grant Raffle Gives the non-exclusive right and license to use, display, reproduce, modify and distribute the comment, suggestion or material in whole or in part, anywhere in perpetuity in any and all media outlets, whether alone or together, or as part of any material of any kind or nature. Without limiting any of the foregoing, Raffle Gives will have the non-exclusive right and license to use, copy, edit, display, perform, distribute, modify and re-format the comment, suggestion or material in any manner that Raffle Gives may determine. You waive any claims to compensation for any such right or license. By submitting a comment, suggestion or material, you represent and warrant to Raffle Gives that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain, and that such comments, suggestions or materials do not infringe upon any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You should note that by using the Application, you grant Raffle Gives the non-exclusive right and license to use your full name and details of the game(s) you won (including the winner amount and any reason you have stated to Raffle Gives for why you chose your numbers) in the event Raffle Gives chooses to publish (through the Application or otherwise) this information concerning your win(s) for promotional or other purposes. For instance, we may publish "Jack won $100 in Nevada. Congrats Jack!" Further, Raffle Gives may use your image, your full name, and details of the game(s) you played or won to promote Raffle Gives on social media and in other media, on the Application or in any other medium, on the Internet or otherwise. Your use of the Application constitutes permission (except where prohibited by law) to use your name, city, state, likeness, image, comments and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, except as required by applicable law.

16. Disclaimers and Limitations of Liability

1. Disclaimer of Liability. Raffle Gives is not liable for any direct, indirect, incidental, consequential, or punitive damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of your access to, use of, or inability to use, this Application or any material from this Application, including but not limited to damages caused by any failure of performance, error, omission, deletion, defect, delay in operation or transmission, computer virus, security, communication line failure, theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

2. Disclaimer of Warranty. Without limiting the foregoing, this Application and the material provided on this Application are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY CLAIMS FOR DAMAGES WILL BE LIMITED TO THE PRICE OF EACH INTERNET TICKET ORDER VIA THIS APPLICATION OR THE VALUE OF A SINGLE INTERNET TICKET PLAYED AS PART OF A SUBSCRIPTION AUTOPLAY TICKET ORDERED VIA THIS APPLICATION.

3. Disclaimer of Accuracy of Data. Raffle Gives makes no warranties or representations as to the accuracy, completeness or timeliness of the materials, or content provided on this Application and assumes no liability or responsibility for any errors or omissions on this Application. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content. This disclaimer applies to both isolated and aggregate uses of the materials or content. If you find any errors or omissions, we encourage you to report them to support@RaffleGives.com. Raffle Gives makes every effort possible to ensure that the winning numbers and prize amounts posted on this Application and highlighted on individual Tickets are accurate and available within a reasonable amount of time after winning numbers are drawn for each raffle drawing. However, in the event of an error, the winning numbers and prize amounts in the official records of the Regulator will stand as the final determination of prize monies owed to an Account.

By using this Application you hereby waive any claim against Raffle Gives for, or in connection with, the receipt of erroneous information. By using this Application you acknowledge that in the event of an error (caused by any means, including Raffle Gives' error), Raffle Gives is only liable for the purchase price of the Ticket.

4. Disclaimer of Endorsement. Raffle Gives may from time to time distribute content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect the opinion of Raffle Gives and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Raffle Gives.

17. Dispute Resolution and Indemnity

  1. Time Limit for Bringing Claims. YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Terms and Conditions, THE APPLICATION OR ANY OF THE SERVICES PROVIDED BY Raffle Gives OR THROUGH THE APPLICATION MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE OF THE ALLEGED EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, UNLESS OTHERWISE PROVIDED UNDER APPLICABLE LAW.
  2. Resolving Disputes: PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
  3. Let's Try to Work Things Out. We want to address your concerns without litigation. Before filing a claim against Raffle Gives, you agree to try to resolve the dispute informally by contacting support@RaffleGives.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 45 days of submission, you or Raffle Gives may bring a formal arbitration proceeding as described below.
  4. We Both Agree to Arbitrate. You and Raffle Gives agree to resolve through final and binding arbitration any claims relating to these Terms and Conditions, the Application, and any Tickets, prizes or other services offered on or through the Application, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the jurisdiction of Nevada. For residents outside the United States, arbitration shall be initiated in Las Vegas, Nevada, and you and Raffle Gives agree to submit to the personal jurisdiction of any or state or federal court in Nevada to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrator.
  5. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to Raffle Gives that must be postmarked within 30 days of your first acceptance of these Terms and Conditions. The letter must specify your first and last names, Account ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to Raffle Gives Inc., Attn: Legal Department, 11035 Lavender Hill dr. ste 160, Las Vegas, NV 89135
  6. Arbitration Procedures. The arbitration shall be conducted by a single arbitrator, governed by the rules of the State of Nevada.
  7. Arbitration and Attorney's Fees. Raffle Gives will pay all arbitration fees for claims less than $25,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless Raffle Gives is otherwise specifically required to pay such fees under applicable law. For claims that total more than $25,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Raffle Gives and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Raffle Gives and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and Conditions and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, Raffle Gives and you agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Raffle Gives and you understand that, absent this mandatory arbitration provision, Raffle Gives and you would have the right to sue in court and have a jury trial. Raffle Gives and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Raffle Gives is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Raffle Gives.
  8. Severability; Waiver of Jury Trial. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Raffle Gives and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Raffle Gives to the extent that any such claims arise out of your access to, and/or use of the Application, and/or the provision of services and/or technology on or through the Application.
  9. Exceptions to Agreement to Arbitrate. Either you or Raffle Gives may assert claims, if they qualify, in small claims court in Las Vegas, Nevada, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
  10. No Class Actions. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
  11. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
  12. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Raffle Gives AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE Terms and Conditions. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION IN ANY WAY.
  13. Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Raffle Gives agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Las Vegas, Nevada. Both you and Raffle Gives consent to venue and personal jurisdiction there.
  14. Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Nevada governs these Terms and Conditions and any claim or dispute that you may have against us, without regard to Nevada's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
  15. Indemnification. You agree to defend, indemnify and hold harmless Raffle Gives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Application, including, but not limited to, any use of the Application's Content and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Application. If you are obligated to provide indemnification hereunder, the Company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without the Company's written consent. If you are obligated to provide indemnification hereunder, the Company may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.

19. General Terms

  1. Internet Privacy and Security. Due to the design of the Internet, Raffle Gives cannot guarantee that communications between you and Raffle Gives will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms and Conditions, you expressly agree that your use of this Application is at your sole risk, and you agree that Raffle Gives shall not be liable if a security breach occurs, or if this Application malfunctions, except as required by law.
  2. Tax Obligation. You acknowledge that you are responsible to report your income and pay any taxes due to the appropriate federal, state and local authorities in the United States of America and in the country you reside. You further acknowledge that an applicable raffle organization may retain a portion of your winnings and forward it to the appropriate taxing authority on your behalf.
  3. Electronic Signatures. The Electronic Signatures in Global and National Commerce Act, 15 USC 7001-7031 requires that you consent to entering into an electronic agreement with the Company before the agreement is executed and becomes effective. Should you enter into an online user agreement with the Company, you will not be required to submit a paper application/agreement. The entire agreement between you and the Company will be evidenced by an electronic record. You must agree to the use of an electronic record and agree to read and understand these Terms and Conditions. After creating an Account and becoming a registered User of the Application, you have the right to withdraw your consent to the use of an electronic record. However, should you do so, your Account with the Company will automatically be terminated and you will lose all rights to all remuneration on any subsequent winnings. Should you wish to withdraw your consent to the exclusive use of an electronic agreement, you must do so by canceling your Account and sending an e-mail to support@RaffleGives.com. Your request must include your name, your mailing address, and e-mail address.
  4. Reliance on Information Posted and Third Party Links. The information presented on or through the Application is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents. This Application may contain links to third party applications. These links are provided solely as a convenience to you. If you click on any of these links, you will leave this Application. Raffle Gives does not control, and is not responsible for, any third party applications or their content. Therefore, Raffle Gives does not endorse or make any representations about third party applications, or any information, products, or materials found there. If you access any of the third party applications linked to this Application, you do so entirely at your own risk.
  5. Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
  6. The Company may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, the Company may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms and Conditions without the Company's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
  7. Relationship of Parties. You acknowledge and agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of these Terms and Conditions or your use of the Application. You agree not to hold yourself out as representative, agent, operator, distributor, or employee of the Company and the Company shall not be liable for any of your representations, acts, or omissions. You also acknowledge and agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries.

20. Potential Disruption of the Application

Access to this Application may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, the following:

  1. Scheduled daily maintenance;
  2. Emergency (unscheduled) maintenance;
  3. Hardware failure, including but not limited to, failures of computers (including your own computer), servers, networks, connections, and other electronic and mechanical equipment;
  4. Software failure, including but not limited to, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  5. Overload of system capacities;
  6. Unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of God, natural catastrophes, pandemics, governmental actions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses, strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of power supplies or other utility or service (including the Internet or other networks) (each, a "Force Majeure Event"); and
  7. Other similar disruptions. Raffle Gives may discontinue, suspend or Update the Application at any time without notice. Raffle Gives shall not be liable for any failure to perform or disruption of the Application due to such discontinuance, suspension or Update.

21. Responsible Play

Raffle Gives is committed to ensuring the raffle does not turn from a game of fun into a financial issue. Raffle Gives warns that for some users, gambling of any kind can be a problem and therefore, we offer the following tools and resources to encourage healthy playing behavior.

NCPG iCAP Certified

Raffle Gives is a member of the National Council on Problem Gambling (NCPG). We’re certified for responsible gaming through NCPG’s assessment program (iCAP). 

Need additional help?

If you need additional support, the National Council on Problem Gambling (NCPG) offers a number of resources on their website as well as 24-hour confidential helpline at 1-800-522-4700.

22. Entire Agreement

These Terms and Conditions, our Privacy Policy, the Prize Sharing Agreement, and any applicable Limited Power of Attorney constitute the sole and entire agreement between you and the Company with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application. Nothing in the Terms and Conditions, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.