Effective January 1st 2017
In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those buying tickets as “Contributors” and to the funds they contribute as “Contributions.”The Contributor that is chosen in the draw is referred as Winner. Campaign Owners, Contributors, Winners and other visitors to the Services are referred to collectively as “Users.”
Win PTP is a Venue
Win PTP is an online crowdfunding lottery venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can not offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks”) to Contributors. Win PTP makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Win PTP, LTD. is not a broker-dealer or a member of the Financial Industry Regulatory Authority.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users suspended from using the Services are not eligible to use the Services. Win PTP reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it’s just plain phony, don’t post it. Users must comply with all applicable laws and regulations in connection with their Campaigns. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Prohibited Items for Campaign
Campaign Owners are not permitted to offer or provide any of the following as :
– any form of “security” (as such term is defined in the Securities Act of 1933);
– any form of financial incentive or participation in any profit sharing;
– any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
– any controlled substance or drug paraphernalia;
– any weapons, ammunition and related accessories;
– any human remains, such as bones or skulls;
– any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Win PTP is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
– use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
– post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
– spam the comments sections or other Users with offers of goods and services or inappropriate messages;
– engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
take any action that imposes, in Win PTP’s sole discretion, an unreasonable load on Win PTP’s infrastructure.
– represent products created by others as your own creation, or act as a reseller of other’s products.
Win PTP reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Campaign Owners are not permitted to do any of the following with Campaign images:
– incorporate Win PTP colors and branding elements, including but not limited to logos, colored frames, borders or badges;
– include any visual element that could be interpreted to have been produced by Win PTP including but not limited to banners, progress bars or funding stats;
– include any visual element that communicates endorsement by Win PTP.
Disputes between Campaign Owners and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors. Win PTP does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors and Winner, the Campaign Owner will work with the Contributors and Winner to reach a mutually satisfactory resolution. Win PTP is under no obligation to become involved in disputes between Campaign Owners and Contributors and Winners, or Users and any third party. In addition, Win PTP is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms, we may provide the Campaign Owner’s contact information to the Contributor and Winner so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Win PTP immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Win PTP may reasonably request and to answer truthfully and completely any questions Win PTP might ask you in order to verify such User’s identity.
License to Users
Win PTP grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Campaign Owners are not permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to the Winner and Contributors. Campaign Owners will respond promptly and truthfully to all questions posed to them by Win PTP or any Contributor. If any Campaign Owner is unable to fulfill any of its commitments to Contributors, the Campaign Owner will work with the Contributors and Winner to reach a mutually satisfactory resolution. Campaign Owners will comply with all applicable laws and regulations in the use of Contributions. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with the Campaignes. Win PTP may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Win PTP’s review of the fulfillment status of prior crowdfunding obligations. Win PTP reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on Win PTP or another platform.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution and buying a ticket. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Win PTP does not guarantee that Campaign Owners will deliver, or that the Campaign will achieve its goals. Win PTP does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees”). By using the Services Users agree to our Service Fees listed on our website. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
All tickets sales are final. Contributors canNOT request a refund from Win PTP.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Win PTP will ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Win PTP will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
A Campaign Owner whose Campaign meets its funding goal may elect to continue raising funds after the Campaign ends by participating in the InDemand program (“InDemand”). All Win PTP fees and payment options will remain the same for the first (4) weeks;. All terms and conditions that apply to Campaigns shall continue to apply once a Campaign enters InDemand. Campaign Owners that have Campaignes in InDemand will not link to or promote an alternative service or website for contributions or pre-orders within their InDemand pages. Win PTP may remove a Campaign from InDemand at its own discretion.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content”). Users grant Win PTP a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and Win PTP, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may request permission from Win PTP by sending an email to promotions@WinPTP.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that such Campaign Owner shall be solely responsible for all facets of each such Promotion
Third-Party Websites, Advertisers or Services
Campaign Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Terms and Conditions. As a condition to Win PTP enabling credit card payment processing services through PayPal, you agree to provide Win PTP accurate and complete information about you and your business, and you authorize Win PTP to share any such information with PayPal, as well as transaction information related to your use of the payment processing services provided by PayPal. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
WinPTP does not accepts Chargebacks based on buyer remorse or “I changed my mind”. WinPTP only accepts charge back if evidence of stolen Card information have been provided to WinPTP and the card issuing bank accordingly. If a chargeback is filed for a contribution to a Campaign on Win PTP, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify Win PTP of the chargeback. Win PTP may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies Win PTP through the payment processor that the Card has been in fact stolen and used without the owner’s consent, Win PTP will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.
Each User agrees to defend, indemnify and hold harmless Win PTP, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Win PTP may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Win PTP and each User agrees to assist and cooperate with Win PTP in the defense or settlement of any such matters.
Win PTP has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Limitation of Liability
Win PTP (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO Win PTP FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Win PTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Win PTP to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Win PTP’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Win PTP does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Win PTP without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but Win PTP may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Bulgaria (the principal place of business and corporate headquarters of Win PTP); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Win PTP, either specific or general, in jurisdictions other than Bulgaria. This Agreement shall be governed by the laws of the Republic of Bulgaria, without respect to its conflict of laws principles.
Win PTP and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. Win PTP and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that Win PTP asserts against User, and that User asserts against Win PTP, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against Win PTP or a related party, a User must send a letter requesting arbitration and describing the claim to Win PTP. Win PTP will supply a printed copy of the rules upon a User’s request.
Campaign Owners and other Users should be aware that many states impose lottery laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Win PTP merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Win PTP makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a Campaign or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), each User states that such User is not a citizen, or otherwise located within, an embargoed nation and not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree Win PTP may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
We are always pleased to hear from our Users, and welcome their comments or suggestions. However, products, services, and features developed by Win PTP or its Users might be similar or even identical to a submission received by Win PTP or its Users. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Win PTP platform or to Win PTP about an existing product or service on, or a feature of, or a proposed addition to, the Win PTP platform.
With regard to User submissions:
- all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
- Win PTP and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions;
- Win PTP and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and Win PTP regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Win PTP’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Win PTP may alter the Terms at any time, so please review them frequently. If a material change is made, Win PTP may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at Win PTP’s sole discretion, in good faith, and using common sense and reasonable judgment.