Terms of Service
General Terms and Conditions
In these Terms, we refer to those raising funds as "Campaign Owners or Sweep Owners" and to their fundraising campaigns as "Sweeps or Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions or Funds." Campaign Owners, Contributors and other visitors to the Services are referred to collectively as "Users."
1. Contracting parties. When you register with the Site/App, you are contracting with Crowdhelpr Inc, a company registered in Delaware with its registered office at 1732 stoner Ave #102 L.A. CA 90025. Crowdhelpr Inc is referred to in these terms and conditions as "we", "us", "our" or Crowdhelpr. Please note that you must be aged 13 and over to register with the Site/App and further age restrictions may apply to certain Sweeps(Sweepstakes) in some cases. In most cases, winners aged under 18 must be accompanied by a parent or guardian to receive the prize experience. Crowdhelpr reserves the right to verify the eligibility of all participants. By entering any Sweep, you consent to filming and/or photography of the prize and/or your participation in related events and you grant us permission to use and reproduce the photographs and/or footage throughout the world for any purpose in any media including without limitation use (in full or edited or amalgamated form) online and/or television broadcast television.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site/App; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site/App; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site/App, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, you must let us know immediately via email to firstname.lastname@example.org and we will close your account as quickly as possible. You agree that you will be responsible to Crowdhelpr and to others for all activity that occurs under your registration account.
4. Site/App Content. This Site/App is intended only for the purposes specified on the Site/App, and use of the Site/App and/or all content contained within the Site/App (Content) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Crowdhelpr does not represent or warrant that the Site/App or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
5. Ownership of Content. Crowdhelpr, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site/App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site/App or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site/App or under US or local law. The Site/App and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
6. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site/App, please immediately report such material (and the specific page on which it is found) to email@example.com.
7. Your Use of the Site/App and the Content. You agree not to use the Site/App or any of the Content for the solicitation of business or in connection with a commercial enterprise, not to solicit, for commercial purposes any other users with respect to their submitted material, and not to access any Content on the Site/App for any reason other than your personal, non-commercial use solely via the normal functionality of the Site/App. ,br/>
8. Submitting Material. If you upload any material to the Site/App (including, without limitation, written comments, pictures and videos) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site/App and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and to remove the material at any time.
9. Sweeps (Sweepstakes). CrowdHelpr runs certain Sweeps (Sweepstakes Drawing) also known as Campaigns from time to time via the Site. This Agreement, and where relevant any specific Sweep, is void where prohibited. The Sweeps are not open to entry by Crowdhelpr employees or members of their immediate family. Rules for entry to each Sweep are posted on the Site/App on the relevant page (“Sweeps Rules") and may vary for each Sweep . By entering a Sweep, you hereby warrant that all information submitted is true, current and complete. Any Entrant who has supplied incomplete, inaccurate or fraudulent information may be automatically disqualified. We reserve the right to disqualify you if we have reasonable grounds to believe you have breached any of these terms and conditions.
10. No Purchase Necessary. No purchase is necessary to enter a Sweep, though you may make a donation at the time of entry using any of our approved debit or credit cards or one of our approved payment providers. All amounts should be stated in the currencies users are permitted to pay in depending on where they are entering. Please note that making a donation will not increase your chances of winning. Alternatively, you may also enter a Sweep by completing and posting the free entry form (if available which can be found in the Official Rules of each Sweep. Please send only copy documents as originals cannot be returned. Entries sent by post must be received by CrowdHelpr before the closing date and at the address specified in the Sweep Rules. It is the responsibility of the Entrant to ensure postal address information and postage is correct. Entries must not be sent through agents, third parties or otherwise on the Entrant's behalf unless otherwise provided in the Sweep Rules. Any entries which are above the maximum number of entries for the relevant method of entry, or which are incomplete or received after applicable deadline, will not be valid. Bulk entries are void and cannot be accepted.
11. Entering a Sweep and Making a Donation/Contrabution. To enter a Sweep, follow the instructions posted in the relevant Sweep Rules for that Sweep within the Site/App (if available) or in the turorial. When the deadline or maximum number of entries is reached, the Sweep will close. You may enter as many times as you like, though we reserve the right in our absolute discretion to restrict the number of such entries in which you may participate or win. In respect of any specific Sweep, we may set a target for the minimum number of entries which must be reached by the relevant date for that specific Sweep. If any such threshold is not reached by a certain date then that Sweep may not be held and donations for such Sweep will be refunded on request (see the relevant pages of the Site/App or send a email to firstname.lastname@example.org for posted dates and deadlines). Crowdhelpr reserves the right to change, suspend or cancel any Sweep without specifying reasons and to change these terms and conditions by notice on the Site/App (effective from the date and time of posting).
12. Scans. Scanning the products shown in the "Stuff" tab on the Site/App are for entertainment purposes only. Scanning products may help you move up on the leaderboard but may not increase your chance of winning any Sweep.
13. Stuff. The stuff tab has products for our users to interact with for entertainment purposes only. All products and their owners are not in anyway affiliated with Corwdhelpr or any of our Sweeps(Sweepstakes).
14. Prizes. Crowdhelpr reserves the right to substitute a payment of a reasonable amount of cash in lieu of any prize. Results of each Sweep will be posted on the Site/App following the closing date of the relevant Sweep. Winners may be required to confirm their identity by sending a certified copy of their passport before any prize will be paid or delivered. Winners must also provide a personal photograph and grant us the right to use their name and likeness for promotional purposes.
15. Winning a Sweep. Winners will be determined for most Sweeps by use of a random number generator and in any case in accordance with the Sweep Rules of the relevant Sweep. Crowdhelpr's determinations will be final in each case and no correspondence will be entered into. Winner(s) of each Sweep will be notified by email or phone call after the closing of the relevant Sweep, at which point a contract to obtain the relevant prizes(s)/product(s) shall be formed (and shall include the terms made available via the Site/App for the relevant Sweep and any further terms reasonably determined by Crowdhelpr and notified to Users in accordance with this Agreement). Where further information is requested, the winner shall have thirty (30) days (or other date as set out in the applicable Sweep Rules) to respond in full to the notification email or an alternative winner may be chosen or short-listed. Failure to claim any prize within the stated period, or in the manner specified, may result in disqualification or selection of an alternate winner. Crowdhelpr shall not be liable if any such prize(s) cannot be accepted by a winner for any reason. Where applicable, each winner must on request provide full names and contact details for the winner's guest(s), who in each case are subject to successful carrying out of identity checks (and, for the avoidance of doubt, Crowdhelpr reserves the right to disqualify any proposed guest in Crowdhelpr's sole discretion).
16. Prize Fulfilment. Where the prize necessitates travel and/or attending an event on a specified date, the winner must be available on such date(s) and alternative dates are unlikely to be available. Should a prize become unavailable before or after the relevant Sweep has ended, such prize may be withdrawn or changed. In such case, Entrants will be notified to have funds credited back to their accounts or we may substitute a cash prize. All goods and/or services won in any Sweep are non-negotiable and non-refundable and have a cash value of no more than the sum posted on the relevant page of the Site/App (if any) or as determined by Crowdhelpr in its reasonable discretion. Crowdhelpr reserves the right at any time to substitute any such rights or goods with different rights or goods of similar and/or reasonable value. The rights and/or good(s) on offer shall be awarded by Crowdhelpr subject to availability. Please note that (where applicable) all taxes and insurances and/or other expenses are the sole responsibility of the winner(s). The terms and conditions of any related third-party supplier or suppliers may apply and must be accepted by the winner. Where applicable, prizes will include regular/economy travel only from within the relevant country to the location of the prize.
17. Refunds and Credits. If any donation or other paid amount is not accepted or honored, a returned payment fee will be charged to you to cover our administrative costs. If necessary, we reserve the right to block access to your account and/or to withhold any outstanding deliveries until payment in full of all applicable invoices is received.
18. Termination of this Agreement. Crowdhelpr may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
19. Trade Marks. The brands, products and service names used or appearing within the Site/App (including, without limitation, "Crowdhelpr") are the trade marks or trade names of Crowdhelpr or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of Crowdhelpr.
20. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site/App in any manner. If you in any way Interfere with the Site/App, you agree to pay all damages incurred by Crowdhelpr. Crowdhelpr will cooperate with the authorities in prosecuting any User who Interferes with the Site/App or otherwise attempts to defraud Crowdhelpr or any other parties through User's use of the Site/App or services provided via the Site/App. Crowdhelpr reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User's IP address, use of the App or addresses at any time, and at our sole discretion to disallow User's continued use of the Site/App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
21. Liability. User agrees that the liability of Crowdhelpr to User under this Agreement shall be limited to the amount User has actually paid to Crowdhelpr for its products or services during the three (3) months immediately prior to the notification to us of any claim you may make. Except as set out herein, Crowdhelpr shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site/App or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Crowdhelpr.
22. Disclaimer. All services and contents of the Site/App are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site/App or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Crowdhelpr shall not be liable for any change, suspension or interruption to the Site/App or the Service and you agree and accept that you shall not have the right to receive any refund unless the Site/App is closed and unavailable for a continuous period of more than twelve months. Crowdhelpr provides no warranty regarding continuous access to the Site/App or the services, as operations of the Site/App may be interfered with by numerous factors outside of our control. In the event of any technical problem affecting the Site/App and/or any Sweep, the timers for any or all Sweep(s) may be paused at our discretion until the problem has been resolved and such Sweep(s) shall continue from the interrupted point (or re-start from the beginning) as soon as possible thereafter.
23. Indemnity. User agrees to indemnify Crowdhelpr for any loss or damage that may be incurred by Crowdhelpr, including without limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any material or information obtained through the Site/App. User further undertakes to indemnify Crowdhelpr for all loss or damage incurred by Crowdhelpr in relation to any third party claim against Crowdhelpr for infringement of intellectual property rights arising in relation to any unauthorised or improper use of the Site/App or Content by you.
24. No Partnership. Your use of the Site/App and/or its content creates no partnership, client, fiduciary or other professional relationship.
25. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
26. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
27. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
28. Variation. This Agreement may be varied from time to time by our posting new terms on the Site/App, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site/App. User's continued use of the Site/App or services constitutes agreement with and acceptance of any such amendment or other changes.
29. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of California. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the American Courts.
Sweep 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, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
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 form of lottery or gambling;
any form of air transportation; or
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.
Crwodhelpr 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 Crowdhelpr’s sole discretion, an unreasonable load on Crowdhelpr's infrastructure.
Crowdhelpr reserves the right to remove Sweeps(Campaigns) and terminate User Accounts for such activities.
Disputes between Sweep(Campaign) Owners and Contributors
Sweep Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). If a Sweep Owner is unable to perform on any promise and/or commitment to Contributors, the Sweep Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Sweep Owner. Crowdhelpr is under no obligation to become involved in disputes between Sweep Owners and Contributors, or Users and any third party. In the event of any dispute, such as a Sweep Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Sweep Owner's contact information to the Contributor 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 Crowdhelpr 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 Indiegogo may reasonably request and to answer truthfully and completely any questions Indiegogo might ask you in order to verify such User's identity.
License to Users
Crowdhelpr 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.
Sweep Owners are permitted to offer Perks to Contributors. Sweep Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). Sweep Owners will respond promptly and truthfully to all questions posed to them by Crowdhelpr or any Contributor. If any Sweep Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Sweep Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Sweep Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. Crowdhelpr may attempt to verify the identity and other information provided to us by Sweep Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.
Contributors are solely responsible for asking questions and investigating Sweep Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Crowdhelpr does not guarantee that Contributions will be used as promised, that Sweep Owners will deliver Perks, or that the Campaign will achieve its goals. Crowdhelpr does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk 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. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressely 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 which are between 5-10%. 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.
Contributions, including the Service Fees portion thereof, are not refundable. If a Sweep Owner is unable to perform on any promise and/or commitment to Contributors (including delivering any Perks), the Sweep Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Sweep Owner.
Taxing authorities may classify funds raised on the Services as taxable income to the Sweep Owner and any beneficiary who will receive funds directly from the applicable Campaign. Crowdhelpr will ask for the tax identification number (TIN) of Sweep Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Crowdhelpr will provide Sweep Owners with a tax document if required by the relevant taxing authorities.