Terms and Conditions

Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the www.bfg.org website (the “Website”) operated by Brackets for Good, Inc. (“BFG”, “us”, “we”, or “our”).

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, donors, participating nonprofit organizations or their agents, charities, charity teams, fundraisers, fundraising teams, team members and others who use the Website (“you”, “your”, “Participant”).

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.

Table of Contents

  1. Nonprofit Participant’s Terms and Conditions
    1. Contract Start and End Date
    2. Solicitation Start and End Date
    3. Eligibility
    4. Gross Contributions
    5. Donations
      1. Donor Substantiation
      2. Gifts to Donors
    6. Restrictions
      1. Outside Donations
      2. “Bench Points”
      3. Reimburse Disputed Funds
      4. Disqualification
    7. Charitable Solicitation Registration; Co-Venturers; Sweepstakes Rules
      1. Charitable Solicitation Registration
      2. Commercial Co-Venture
      3. Sweepstakes
    8. Determination of Winners
    9. Payment Procedure to Participants
    10. Compliance Regulation
    11. Publicity Participation
    12. Use of Donor Information
  2. Donor Terms and Conditions
    1. Charitable Program
    2. Restricted Donations
    3. Donations are Final
    4. Disallowing Restrictions
    5. Timing
    6. Donor Information
    7. Special Games
  3. Website User Terms and Conditions
    1. Use License
    2. Communications
    3. Links
    4. Sole Determinator
  4. User Account Terms and Conditions and EULA
    1. Creating Accounts
    2. Confidentiality of Account and Password
    3. User Name and Password Restrictions
    4. Content
    5. Rights to Content
    6. Account Term, Termination and Suspension
    7. End-User License Agreement (EULA)
      1. License
      2. Restrictions
      3. Intellectual Property
      4. Suggestions
      5. Modifications to Website and Services
      6. Updates to Website
      7. Third-Party Services
      8. Privacy Policy
      9. Term and Termination
      10. Indemnification
      11. No Warranties
      12. Limitation of Liability
      13. Severability
      14. Waiver
      15. For U.S. Government End-Users
      16. Export Compliance
      17. Amendments to this Agreement
      18. Governing Law
      19. Contact Information
      20. Entire Agreement
  5. General Terms and Conditions
    1. General
    2. Tournament Operation
    3. Governing Law; Jurisdiction, Venue and Forum Selection; Waiver of Jury Trial
    4. As Is Disclaimer
    5. Copyright Compliance
    6. Intellectual Property
    7. Limitation of Liability
    8. Indemnification
    9. Amendments, Revisions and Errata
  6. Privacy Practices

1. Nonprofit Participant’s Terms and Conditions

BFG’s nonprofit fundraising tournaments (the “Tournament”) are governed by the Terms and in particular by these Nonprofit Participant’s Terms and Conditions (“Nonprofit Terms” or “Tournament Rules”). All Participants are subject to the Tournament Rules. For clarity, the charitable organization that participates in the Tournament shall be referred to as a “Charity” in this section of the Terms.

  1. Contract Start and End Date. February 15 of a given year through and including April 15, of the same year.

  2. Solicitation Start and End Date. The solicitations start date is the last Friday in February and runs through the final Friday of the Championship Round in Brackets For Good, which is 5 weeks later.

  3. Eligibility. The Tournament is open to nonprofit organizations that have received an invitation from BFG to participate in the Tournament, which is at BFG’s sole discretion, and who are:

    1. a U.S.-based charitable organization,
    2. holding an exemption from tax under Section 501(c)(3) of the U.S. Internal Revenue Code as evinced by its IRS determination letter,
    3. available for donation(s) via our Website without any customization of the platform or donation process,
    4. in good standing under all applicable federal and state laws, and
    5. have a reasonable expectation that it can raise at least $500 per Tournament; except that the following are all excluded:
      1. organizations that practice discrimination in the provision of services by race, creed, color, gender, sexual orientation, age, or national origin,
      2. organizations that serve only their own memberships (such as those types of fraternal organizations, pageants, labor organizations or religious groups that do not provide services to persons who are not members (or relatives) of the particular group), and/or
      3. organizations affiliated with political parties, political candidates, lobbyist activities, political publications or political advertising.

    The Charity and Participants must also qualify under and comply with the Tournament Rules. All donations made in connection with the Tournament are governed by the Tournament Rules and these Terms and Conditions.

  4. Gross Contributions. BFG will retain a Processing Fee (currently 4.7% + $0.30 per online transaction and 7% + $0.30 phone-in transaction, subject to change) from the total donation amount provided by a donor during the Tournament to cover credit card and ACH processing and associated bank fees as well as Website maintenance costs. The participating Charity understands that this donation is to be treated as 100% received by the Charity and then the Processing Fee is “paid” to BFG as per the above.

  5. Donations. Donations are counted towards the Tournament after such donation has been successfully processed as determined in BFG’s sole discretion. The amount of donations listed on the Tournament leaderboard does not constitute the official donation results and are subject to confirmation by BFG before such donations are included in the final results. All Participants expressly acknowledge and agree that they have no claim whatsoever against us based upon information in the leaderboard; and that the leaderboard does not represent official results of the Tournament until we expressly announce the final results and winners on our Website.

    1. Donor Substantiation. Donors using BFG’s Website to make a donation for a Charity of their choice will receive an automated acknowledgment that complies with IRS rules (see Publication 1771 for details.) The only donations BFG handles and processes are those received through its Website, as described in “Restrictions” below. All other donations received for the benefit of a Charity during the Tournament and beyond which were not processed by BFG are its own responsibility, and the Charity acknowledges that it is its responsibility to send a letter or other written contemporaneous acknowledgment to the donor substantiating the donation.

    2. Gifts to Donors. BFG does not provide goods or services to donors in return for their donations, and this is stated in our donor substantiation message. If a Charity offers gifts, tokens of appreciation, or any other good or service to its donors, it is its responsibility to (i) send such good or service to the donor once the donation has been reported to it by BFG; and (ii) to substantiate such gift as may be required by the IRS through an updated donor substantiation letter or other written contemporaneous acknowledgment (see Publication 1771 for details).

  6. Restrictions. The following restrictions govern the Tournament:

    1. Outside Donations. Donations received by a nonprofit organization outside BFG’s platform will not be counted, unless donated through the “Bench Points” program. This includes, but is not limited to cash, on-site credit cards, checks, money orders and any other form of payment. The only donations that will count toward the Tournament are donations that are successfully processed online through BFG’s Website, including through the “Bench Points” program as determined by us in our sole discretion.

    2. “Bench Points.” A nonprofit organization may only make donations to itself either directly or via a proxy (such as checks from board members, proceeds from activities such as bake sales or car washes, donation buckets, etc.) through the “Bench Points” credit card processing channel or program. This channel or program will require the nonprofit organization to convert such donations received by ancillary activities into a single credit card transaction, provide a description of where the money originated and is subject to a 24-hour approval period from BFG. Determination of whether funds captured through the Bench Points channel count as points towards the Tournament rests solely and exclusively with BFG, and all decisions are final.

    3. Reimburse Disputed Funds. A nonprofit organization agrees to reimburse BFG for any donation that is later disputed or recalled by a donor in the event that BFG has already transferred the total donations to the nonprofit organization. For example, in the event that a donor disputes the credit charge for the donation that the donor made, then BFG will, in its sole discretion, either:

      1. withhold this specific donation amount from the nonprofit organization’s total grant; or
      2. require the nonprofit organization to reimburse BFG the specific amount of the donation and any additional fees incurred by BFG.

    4. Disqualification. BFG reserves the right to disqualify any Participant if, in its sole discretion, such Participant is not in alignment with BFG’s values or if awarding a prize to the organization could result in public disrepute, contempt, scandal or ridicule or could reflect unfavorably on BFG. Additionally, in such case, if BFG has already delivered a prize to an organization, BFG reserves the right to require the organization to return the prize to BFG and BFG will award the prize to an alternate winner. BFG reserves the right, at its sole discretion, to prohibit any person or organization from participating in the Tournament or to disqualify any person or organization found to be tampering with the process or the operation of the Tournament; to be attempting to undermine the legitimate operation of the Tournament by cheating, hacking, deception, or any other unfair practices; to be acting in violation of the Tournament Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or organization.

  7. Charitable Solicitation Registration; Co-Venturers; Sweepstakes Rules.

    1. Charitable Solicitation Registration. BFG has established and maintained proper charitable solicitation registrations in the states in which it conducts Tournaments for itself only. BFG’s required Uniform Disclosure Statement https://bfg.org/uniform_disclosure_statement is at the preceding link. Participating Charities understand that most states require some form of registration with the applicable governmental authority in order to solicit donations in those states, and agree that they are or will become compliant with those rules, and that BFG has not responsibilities for their registrations.

    2. Commercial Co-Venture. A Charity which has established a relationship with another business or for-profit organization which will donate a percentage of its revenues from the sale of goods, services, performances or events to that Charity agrees that it, and not BFG, is responsible for maintaining its compliance with commercial co-venturer laws. BFG has not and does not presently intend to engage in commercial co-ventures.

    3. Sweepstakes. It is the Charity’s responsibility, and not that of BFG, to ensure the Charity is compliant with applicable charitable giveaway and sweepstakes laws. BFG has not and does not presently intend to engage in sweepstakes or similar giveaways.

  8. Determination of Winners. The Charity that raises more money than its opponents through the Website during each and every round of the Tournament and is in compliance with the Tournament Rules will receive the grand prize for the Tournament. In the event of a tie during any round, the winners will be determined as follows: The two Charities that tied in any particular round will engage in a one-hour tournament where the winner will be determined by which Charity raises the most money in that one-hour tournament, the details of which will be communicated by BFG to the two participating Charities. In the event there is a tie at the end of the one-hour “over-time”, the two Charities will continue to participate in one-hour tournament(s), until there is a winner. In the event of a technical issue that significantly impacts the outcome (as solely determined by BFG), then the same one-hour over-time will be instituted in perpetuity once the technical issue is identified and resolved.

  9. Payment Procedure to Participants. BFG will process the deposits of all donations (as determined pursuant to paragraphs 1.4, 1.5 and 1.8, above) within thirty (30) days of the end of the tournament.

    1. All deposits shall be made via ACH. Participating Charities shall timely provide sufficient banking information so that BFG may process the deposits; if said information is not timely provided, the Participating Charity may experience delays in the receipt of funds and/or charges associated with the processing of the deposit(s).
    2. If the Participating Charity's internal policies prohibit such incoming ACH deposit transactions, the Participating Charity shall request a written (paper) check, which shall be provided by BFG for a check cutting charge as set annually by BFG. If the check is not negotiated (i.e., deposited or cashed) within six (6) months from the date on the check, payment may be stopped by BFG and the cost shall be borne by the Participating Charity. BFG will entertain a request for up to another 45 days from the stop check date to issue another check, which shall be issued. The re-issued check shall only be valid for another thirty (30) days. If the Participating Charity does not negotiate the check as set forth in this sub-paragraph and then either does not request a check to be re-issued within the timeframe or does not negotiate the re-issued check within the timeframe, then the donations become the property of BFG for use in its charitable mission.
  10. Compliance Regulation. By participating in the Tournament:

    1. all Participants agree that BFG may provide this information to necessary parties; and
    2. each eligible nonprofit organization agrees that when it sends any and all email communication regarding the Tournament that it will copy compliance@bfg.org in such communication and BFG reserves the right to review such content to ensure compliance with Tournament Rules and any other BFG direction.

  11. Publicity Participation. Each winner agrees to participate in and cooperate with any publicity relating to the Tournament as BFG shall reasonably request from time to time, including without limitation permission to post winners’ names on BFG’s Website and to use winners’ name and/or likeness for purposes of advertising and promotion without further compensation unless prohibited by law.

  12. Use of Donor Information. Limited donor information is transmitted by BFG to participating nonprofits. See Section 2 of these Terms as well as the Privacy Practices for more information on what information is shared, and when. Participating nonprofits may utilize the information to communicate with or solicit donors. However, participating nonprofits agree not to sell or license the use of this information for any reason or purpose.

2. Donor Terms and Conditions

BFG is committed to donor rights, as well as to transparency and accountability. Donors may have questions about how the donations themselves or their information is used. This section, Donor Terms and Conditions (“Donor Terms”) should help clarify such questions. Any donor or potential donor agrees, by using the Website or by submitting a donation through the Website, to the Terms and Conditions generally in addition to the Donor Terms, specifically.

Throughout this section, “designated charities” means the charity participating in the Tournament for whom the donor has designated its donation.

  1. Charitable Program. BFG is a nonprofit corporation and 501(c)(3) publically supported charity. Our charitable program is providing web-based fundraising support and platform access for other charitable organizations in a tournament style format. Our efforts are centered around bracket-style fundraising tournaments hosted on our Website, through which charities advance from round to round by fundraising more donations through our Website than their in-round competitor. The donations given in support of one participating charity are then granted from BFG to the various participating charities.

  2. Restricted Donations. Donations given in support of a participating charity are considered donations to BFG. Those donations are restricted for BFG’s use in its charitable program of making grants or donations to specific charities. For example, if a donor gives through the Website for the benefit of Charity X, then we will honor the donor designation or restriction in our grantmaking and award those funds to Charity X as a grant, except as provided in Paragraph 2.4, below.

  3. Donations are Final. Donations are generally final. Because we very quickly grant the donations back out to the designated charity, any donations received are final. Exceptions may include times where a donor may have errantly added too many zeros in making the donation, or if the donation was fraudulent. In such events, we work with the designated charity, the individual donor, and the credit card companies, for example, to ensure each donation is appropriately handled.

  4. Disallowing Restrictions. Donations given in support of a particular charity will generally be restricted for our grants to that charity. However, there are times where our legal obligations or Generally Accepted Accounting Principles require that BFG not honor such restrictions. For example, if a participating charity is judicially dissolved, files bankruptcy, or loses its tax-exempt status, BFG may not be permitted to make the grant to that charity. Also, if a charity is suspended from the tournament for cheating, committing fraud or otherwise violating our Terms, BFG may not be able to make grants to that charity. In these rare cases BFG will make grants to either charities that, in our sole discretion, engage in substantially similar programming in the relevant market or if no such similar charity is participating in the Tournament, then to a participating charity of BFG’s choice. Lastly, if a charity fails to receive ACH payments and also fails to negotiate (i.e., deposit or cash) the check(s) sent to it from BFG (under paragraph 1.9, above), then any restriction is deemed lifted and the funds become unrestricted funds of BFG for use in furtherance of its charitable mission and program.

  5. Timing. Generally BFG grants donations raised in our tournaments to the designated charity approximately 30 days after the end of the tournament. It reserves the right to change this schedule as necessary.

  6. Donor Information. Subject to our other Terms, donor information is used in three ways. First, highly confidential donor information (i.e., credit card numbers and expiration dates) is never shared, nor is it accessible by our personnel or by designated charity personnel. Second, donor contact information (names, addresses and email addresses) is collected and used by us and shared with designated charities. Both designated charities and BFG use this donor contact information in subsequent communications with the donors. Donors may opt out at any time. Third, designated charities and BFG use donation information (donation amount, date, time, last four of credit card numbers, associated confirmation numbers, and similar) in processing donations and in processing subsequent grants to designated charities. This information is treated confidentially and only utilized insofar as is necessary for accounting, donation processing and similar purposes.

  7. Special Games. Occasionally BFG and its sponsors run special competitions, promotions or games. These games have their own parameters, which are found in the promotional materials related to each game, and are in addition to, rather than in place of, the Terms generally and the rules related to Tournaments specifically.

3. Website User Terms and Conditions

These rules shall apply to each Participant who visits, signs up for, or otherwise makes use of the Website.

  1. Use License.

    1. Permission is granted to temporarily download one copy of the materials (information or software) on BFG’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license Participants may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on BFG’s Website;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or “mirror” the materials on any other server.
    2. This license shall automatically terminate if a Participant violates any of these restrictions and may be terminated by BFG at any time. Upon terminating viewing of these materials or upon the termination of this license, Participants must destroy any downloaded materials in their possession whether in electronic or printed format.

  2. Communications. By utilizing or accessing the Website, Participants agree to subscribe to newsletters, marketing or promotional materials and other information BFG may send. However, Participants may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any email BFG may send.

    Sole Determinator. BFG is the sole determinator if a term is violated or by whom. No cause of action exists against BFG for using its discretion in management or supervision of the Website or against a user of the Website.

4. User Accounts Terms and Conditions and EULA

  1. Creating Accounts. When Participants create an account with BFG, they guarantee that users are above the age of 18, and that the information provided to BFG is accurate, complete, and current at all times.

  2. Confidentiality of Account and Password. Participants are responsible for maintaining the confidentiality of their account and password, including but not limited to the restriction of access to computers and/or accounts. Participants agree to accept responsibility for any and all activities or actions that occur under their account and/or password, whether such password is with the Website or a third-party service. Participants must notify BFG immediately upon becoming aware of any breach of security or unauthorized use of your account.

  3. Username and Password Restrictions. Participants may not use as a username the name of another person or entity or that is not lawfully available for use, nor a name or trademark that is subject to any rights of another person or entity other than the Participant, without appropriate authorization. Participants may not use as a username any name that is offensive, vulgar or obscene. Also, BFG sets certain strength and character restrictions related to passwords for security and other purposes. These restrictions may change from time to time.

  4. Content. The Website allows Participants to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other materials well as make online donations (“Content”). Participants are responsible for the Content that you post on or through the Website, including its legality, reliability, and appropriateness. By posting Content on or through the Service, Participants represent and warrant that:

    1. the Content is owned by the Participant and/or the Participant has the right to use it and the right to grant BFG the rights and license as provided in these Terms, and
    2. that the posting of such Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

  5. Rights to Content. Participants retain any and all rights to any Content submitted, posted or displayed on or through the Website and are responsible for protecting those rights. BFG takes no responsibility and assume no liability for Content Participants or any third party posts on or through the Website. However, by posting Content using the Website Participants grant BFG the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. In addition, Content found on or through the Website is the property of BFG or used with permission. Participants may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from BFG.

  6. Account Term, Termination and Suspension. These Terms, including the EULA, shall remain in effect until terminated by BFG. BFG may, in its sole discretion, at any time and for any or no reason and without limitation, including but not limited to a breach of the Terms or your failure to comply with the Terms of the EULA, terminate or suspend accounts or the EULA and bar your access to the Website immediately. You may also terminate the EULA by deleting the Website and all files associated with it from your mobile device or from your computer. Upon termination of the EULA, you shall cease all use of the Website and delete all copies of its files from your mobile device or from your computer. Termination of the EULA will not limit any of BFG’s rights or remedies at law or in equity in case of breach by you (during the term of the EULA) of any of your obligations under the present Terms and Conditions. Inaccurate, incomplete, or obsolete information may result in the immediate termination of an account on the Website. BFG reserves the right to terminate the account of anyone found to be infringing on a copyright. BFG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. BFG reserves the right to terminate the account of anyone found to be infringing on a copyright. BFG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

  7. End-User License Agreement (“EULA”). Please read this EULA section carefully before making use of the Website or any of its contents or features. By such use, you are agreeing to be bound by this EULA and its terms. The EULA is a legal agreement between you (either an individual or a single entity) and BFG and it governs the use of the Website made available to you by BFG. If you do not agree to the terms of the EULA, do not use the Website. The Website is licensed, not sold, to you by BFG for use strictly in accordance with the terms of the EULA.

    1. License. BFG grants you a revocable, non-exclusive, non-transferable, limited license to use the Website (including download of any temporary Internet files) solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

    2. Restrictions. You agree not to, and you will not permit others to:

      1. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or make the Website available to any third party.
      2. copy or use the Website for any purpose other than as permitted under the above section “License.”
      3. modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Website.
      4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of BFG or its affiliates, partners, suppliers or the licensors of the Website.

    3. Intellectual Property. See Paragraph 5.6, below, for the provision dealing with intellectual property.

    4. Suggestions. Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided to BFG with respect to the Website shall remain the sole and exclusive property of BFG. BFG shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

    5. Modifications to Website and Services. BFG reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you.

    6. Updates to Website. BFG may from time to time provide enhancements or improvements to the features/functionality of the Website and its services, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Website. You agree that BFG has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of these Terms and Conditions.

    7. Third-Party Services. The Website may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that BFG shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. BFG does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

    8. Privacy Policy. BFG collects, stores, maintains, and shares information about you in accordance with its Privacy Practices, which is available at www.bfg.org/privacy. By accepting these Terms and Conditions, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Practices.

    9. Term and Termination. The term and termination of this EULA is as per Paragraph 4.6 of these Terms, above.

    10. Indemnification. See Paragraph 5.8 for the Indemnification provision.

    11. No Warranties. The Website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BFG, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, BFG provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither BFG nor any BFG provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of BFG are free of viruses, scripts, trojan horses, bots, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

    12. Limitation of Liability. Notwithstanding any damages that you might incur, the entire liability of BFG and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Website. To the maximum extent permitted by applicable law, in no event shall BFG or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy, or indirect, incidental, special, consequential or punitive damages arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Agreement), even if BFG or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    13. Severability. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    14. Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

    15. For U.S. Government End Users. The Website and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

    16. Export Compliance. You may not export or re-export any part of the Website except as authorized by United States law and the laws of the jurisdiction in which the Website was obtained. In particular, but without limitation, the Website may not be exported or re-exported (i) into or to a nation or a resident of any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing or using any component of the Website, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

    17. Amendments to this Agreement. The provision governing Amendments to this EULA is contained in Paragraph 5.9, below.

    18. Governing Law. The applicable provision on governing law is located in Paragraph 5.3, below.

    19. Contact Information. If you have any questions about the EULA or any other of the Terms and Conditions, please contact us.

    20. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and BFG regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and BFG. You may be subject to additional terms and conditions that apply when you use or purchase other BFG services, which BFG will provide to you at the time of such use or purchase.

5. General Terms and Conditions

  1. General. By participating in the Tournament or interacting with or accessing the Website, each Participant agrees to the Tournament Rules and the decisions of BFG. Participants expressly agree to release and hold harmless BFG and its board members, employees, affiliates, volunteers, advertising and promotion, fulfillment and/or judging agencies, and related entities from and against any claim or cause of action arising out of participation in the Tournament or receipt or use of any prize hereunder, and agree that BFG is not responsible or liable in any way for:

    1. late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable donations or other communications;
    2. telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind;
    3. any condition caused by events beyond the control of the BFG that may cause the Tournament or any results to be disrupted or corrupted;
    4. any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Tournament;
    5. any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Tournament;
    6. acceptance, possession, or use of any grant or prize;
    7. claims based on publicity rights, defamation, or invasion of privacy relating to participation in the Tournament; and/or
    8. any alleged violation by Participants of any law, regulation, or right held by a third party.

  2. Tournament Operation. BFG may adjust the times and dates reflected in these Tournament Rules or suspend or discontinue the Tournament, if in its sole opinion there is any malfunction, event or activity that may affect the integrity of the Tournament. If the Tournament is terminated before the designated end date, BFG will (if possible) select the winner based on eligible, non-suspect results received as of the date of the event giving rise to the termination, but BFG SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF CHEATING, IMPROPER OR MISTAKEN CHALLENGE GRANT NOTIFICATION, OPERATION, OR FUNCTION OF THIS CHALLENGE. BY PARTICIPATING IN THE TOURNAMENT IN ANY WAY, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CHALLENGE, OR ANY CHALLENGE GRANT AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. Participants waive the right to claim any damages, including, but not limited to, punitive, consequential, direct, or indirect damages.

  3. Governing Law; Jurisdiction, Venue and Forum Selection; Waiver of Jury Trial. Any claim relating to the Website or these Terms shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. All issues and questions concerning the Tournament, or the rights and obligations of any Participant, shall be governed by, and construed in accordance with, the laws of the State of Indiana. Any disputes will be resolved exclusively in the Boone Circuit or Superior Courts, Indiana. You consent and waive any objection to such jurisdiction, venue and forum, and you also waive any right to a jury trial. These Terms and Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.

  4. As Is Disclaimer. See paragraph 4.7.11, above, for the “AS IS” Disclaimer and warranty information applicable here.

  5. If a copyright owner, or a person or entity authorized on behalf of one, believes that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit such claim via email to compliance@bfg.org, with the subject line: “Copyright Infringement” and include in the claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

    Such claimants may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on a copyright.

    DMCA Notice and Procedure for Copyright Infringement Claims

    Claimants may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing BFG’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
    2. a description of the copyrighted work that the owner claims has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
    3. identification of the URL or other specific location on the Website where the material claimed as is infringing is located;
    4. owner or representative’s address, telephone number, and email address;
    5. a statement by the claimant that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by the claimant, made under penalty of perjury, that the above information in their notice is accurate and that they are the copyright owner or authorized to act on the copyright owner’s behalf.

    BFG’s Copyright Agent may be contacted via email at compliance@bfg.org.

  6. Intellectual Property. The Website and its original content, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights, (excluding Content provided by users), features and functionality are and will remain the exclusive property of BFG and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. BFG’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BFG.

  7. Limitation of Liability. Paragraph 4.7.12 contains the limitation of liability provision applicable here.

  8. Indemnification. Participants agree to defend, indemnify and hold harmless BFG, its subsidiaries, affiliates, licensees and licensors, and each of their employees, contractors, agents, parents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of any breach by Participants of these Terms and Conditions or other liabilities arising out of use of the Website or due to or arising out of your: (i) use of the Website; (ii) violation of this Agreement or any law or regulation; or (iii) violation of any right of a third party.

  9. Amendments, Revisions and Errata. BFG reserves the right to, in its sole discretion, amend these Terms from time to time without notice. By using the Website Participants agree to be bound by the then current version of these Terms and Conditions of Use. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. The materials appearing on BFG’s Website could include technical, typographical, or photographic errors. BFG does not warrant that any of the materials on its Website are accurate, complete, or current. BFG may make changes to the materials contained on its Website at any time without notice. BFG does not, however, make any commitment to update the materials.

6. Privacy Practices

Your privacy is very important to us. Accordingly, BFG has developed its Privacy Practices, which are available on our BFG Privacy Practices https://bfg.org/privacy-policy webpage.


Terms and Conditions Last Updated: August 15, 2016