GivingTuesday Donation Match Programme Terms & Conditions (“Terms”)
By taking any step to participate in the Facebook GivingTuesday Donation Match Programme (“Programme“), including, without limitation, by either donating or receiving or attempting to receive any donation or matched funds directly or on behalf of another, which you acknowledge are each good and sufficient consideration, you agree to the following Terms on behalf of yourself, your heirs, assigns, executors, administrators and any others who make take by or through you:
The Programme is a donation matching programme from Facebook, Inc., 1 Hacker Way, Menlo Park, California, USA. 94025 (“Facebook“). Make a donation using an authorised payment method to a US-based 501(c)(3) charity using the donation tools that Facebook provides on the Facebook platform for purposes of the match programme, including fundraisers, donate buttons, page posts and live videos (collectively, “Charitable Donation Features” or each, a “Charitable Donation Feature“) starting at 8:00:00 am EST on Tuesday, 3 December 2019 (“GivingTuesday“), and Facebook will match the full donation amount to benefit your chosen fundraiser, subject to verification of your original donation in Facebook’s sole discretion, up to a total of USD 7,000,000 in matched donations (“Offer“). The Offer is valid only on GivingTuesday and limited to maximums of up to USD 7,000,000 total matching donations, up to USD 20,000 per donor and up to USD 100,000 per benefiting charity. Payments or donations made through any other part of the Facebook platform, website or app other than the Charitable Donation Features – including donations to giving funds, fundraisers for personal causes or Instagram donation stickers – are not eligible for the Offer. Original donations, matched donations and any other benefit related to the Programme, may be collectively referred to in these Terms as “benefits“.
Your participation in the Programme, attempted or actual use of or access to related benefits, and use of other Facebook products and services are all governed by the Facebook platform terms, including, without limitation, the Facebook Terms of Service, and the Charitable Donation Terms (as applicable based on your activities), including all terms, conditions and policies incorporated in them (collectively, the “TOS“), and are deemed part of “Services” as defined under the TOS. The TOS is incorporated into these Terms by this reference. These Terms are in addition to (and not in lieu of) the TOS. Facebook reserves the right at any time to require you to provide, and you agree to provide within the timeframe requested, documentation, information or other proof that you are eligible or otherwise are in compliance with these Terms and the TOS. The Programme is void where prohibited by law.
To participate in the Programme by either making a donation or receiving a matched donation, you must:
- Have a valid Facebook account (for making a donation);
- Be at least age 18 and the age of majority in your jurisdiction of residence to participate;
- Not attempt to raise, transfer or use funds for activities, individuals or entities that are located in a country or region that is targeted by comprehensive US sanctions, for or on behalf of individuals or entities on the List of Specially Designated Nationals or Blocked Persons, or for any other purposes that would otherwise violate applicable US or non-US trade sanctions laws;
- Have the legal authority to act on behalf of any organisation upon whose behalf you are acting, if any;
- Comply with all applicable laws, rules and regulations in connection with all participation in the Programme, including, without limitation, making, soliciting or being involved with any original or matching donation, or use or receipt of donated funds; and
- Not engage in inauthentic behaviour or behaviour that Facebook deems inappropriate, threatening, illegal or that is intended to annoy, abuse or harass any other person or entity, exaggerate any donation amount, participate in self-dealing, undermine the integrity or intent of the Programme in any way or violate any provision in these Terms or the TOS.
- Be able and willing to receive matched donations from Facebook’s partner Network for Good, which will provide the matched donations for this Programme.
You agree to sign and have your charity/organisation sign documentation before benefits are awarded if required and within the timeframe required by Facebook. You agree to be bound by the decisions of Facebook, which are final and binding in all respects. Facebook reserves the right to disqualify a benefit recipient or potential recipient at any time, even if notified or announced publicly or otherwise for failure to comply with these Terms or applicable law. Facebook at all times retains ultimate discretion over all donations it receives and matches, and, in rare cases, may redirect or refuse to match funds when a charity or fundraiser does not meet legal, regulatory, eligibility, contractual or other requirements or comply with the Terms.
Facebook reserves the right to cancel, suspend or modify all or part of this Programme or the Offer at any time without notice, for any or no reason in its sole discretion, and without any liability or obligation to provide you with any substitute benefit or other compensation, by communicating a change through the same channels used in making the original Offer. If you breach any of these Terms, your participation, including, without limitation, any matched donation, is VOID and you must immediately forfeit any and all benefits, including, without limitation, matched donations, if any have been provided to you.
You agree and acknowledge that donations are not refundable (including, without limitation, on the basis that your donation wasn’t matched) except as expressly provided in the Facebook Community Payments Terms (see section 4.2). You affirm and represent that you have complied with and will comply with the Terms and that you have committed no fraud or deception in applying to the Programme or in claiming any benefits offered to you. As a condition of your participation in the programme, you acknowledge that Facebook may elect to conduct due diligence on you and those individuals with significant control within your charity, or other organisation (as applicable), and you hereby agree to cooperate with Facebook in connection with it. You agree that your, and your company/organisation’s, participation in the Programme is contingent upon the results of the due diligence that may be performed by Facebook, and Facebook may disqualify you and your company/organisation if the results reveal any act, offence, violation or crime involving moral turpitude, or which may bring Facebook into public disrepute, contempt, scandal or ridicule, or which may insult or offend the Programme, the community or any employee, agent or affiliate of Facebook.
Facebook may use the data you submit in connection with your participation in the Programme as described in the Facebook Data Policy. You acknowledge and explicitly consent to the export of your information, including, without limitation, personal information to the United States and its use there for purposes of administering this Programme. Facebook may disclose your data to third parties to make any of the benefits available to you.
You are solely responsible for all taxes related to or due from the acceptance of your benefits, and, if required in Facebook’s sole discretion, Facebook may file a tax reporting form for the total value of the benefits with the US Internal Revenue Service. You understand that you may be required to complete additional tax reporting documentation as deemed necessary by Facebook in its sole discretion prior to your receipt of any benefit.
You must not use the donation in any way that would violate applicable laws, including in a manner that would constitute bribery, an illegal kickback, an illegal campaign contribution or any other violation of applicable anti-corruption, political activity or other laws.
If you are a government or political entity or official, you agree that your receipt and use of the donation is in compliance with all rules and regulations applicable to your entity or organisation governing the acceptance of things of value. A government entity includes, but is not limited to, government agencies at any level, businesses owned or controlled by a government entity or official, and public international organisations (such as the United Nations or the World Health Organization). A government official includes any officials, employees and anyone else who acts in an official capacity on behalf of any of the above, as well as their family members. A political entity or official means political parties, campaigns and candidates, including any officials, employees and anyone else who acts in an official capacity on their behalf, as well as their family members.
Benefits are non-transferable and non-assignable. Nothing in these Terms actually or purportedly limits, excludes or modifies, any statutory consumer guarantee or any implied condition or warranty, the exclusion of which from these Terms would contravene any applicable statute, law or rule, or cause any part of these Terms to be void (“Non-Excludable Guarantees“). To the maximum extent allowed under applicable law, and except for an Non-Excludable Guarantees, all benefits are provided “AS IS” with no warranty, representation or guarantee, express or implied, in fact, custom or law, whether now known or later enacted, made by Facebook or its parent, affiliates, subsidiaries, divisions and promotional partners or any of their employees, officers, directors, members, managers, agents or representatives (collectively, with Facebook, “Released Parties”) or for which any of the Released Parties may be liable. Any alleged or actual ambiguity or discrepancy related to the Programme will be resolved by Facebook in its sole discretion. AS A CONDITION OF PARTICPATING, YOU AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY (I.E. DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES, FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN, TRAVELLING TO OR FROM, OR PREPARING FOR ANY PROGRAMME-RELATED ACTIVITY OR THE ACCEPTANCE, USE OR MISUSE OF ANY BENEFIT(S), INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF FACEBOOK OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). Released Parties will have no liability for unauthorised intervention in any part of the application process or technical or human error of any kind that may occur in the administration of the Programme or providing of benefits.
YOU UNDERSTAND AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, THESE TERMS ARE A COMPLETE RELEASE AND DISCHARGE OF ALL OF YOUR CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF YOU WITH RESPECT OF ANY SUCH RIGHTS.
You understand that any waiver of any provision of the Terms in a particular instance will not be a waiver of such term in the future. You agree that the invalidity or unenforceability of any part of the Terms will in no way affect the validity or enforceability of any other part of the Terms. You agree that the Terms constitute the entire agreement between Facebook and you regarding the Programme.