OFFICIAL GIVEAWAY RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN
We (“Softgiving”) believe giving should be fun. We provide an online platform that uses the power of community & entertainment to help influencers fundraise for amazing causes. One way that we make giving more fun is by providing influencers the opportunity to reward their community with an on stream giveaway through our platform (“Giveaway”). The influencer and/or their partners can serve as prize providers (“Prize Providers”) and/or sponsors (“Sponsors”) for a Giveaway. The prizes (“Prize”) are ones that almost anybody (read restrictions below) can enter to win. You don’t have to make a donation to enter or win a giveaway. If you choose to make an optional donation to charity, we give you entries into the giveaway as a thank you.
Things You Should Know:
- You can always enter a Giveaway for free (there is an easy “Enter For Free” button on our donation pages when a Giveaway is live).
- No matter how you enter the giveaway, you have an equal chance to win!
- These official rules apply to every Giveaway that is run through our platform. We provide extra information on the campaign donation page for each giveaway (“Campaign Giveaway Rules”).
- By participating in a giveaway, you accept and comply with these Official Giveaway Rules and the Campaign Giveaway Rules.
- We may use the terms “raffle” and/or “giveaway” throughout these rules and on our Website for your convenience, but these giveaways are, legally speaking, considered as sweepstakes in accordance with United States laws. The Official Rules and Campaign Giveaway Rules are drafted to comply with domestic and international laws regarding sweepstakes.
How can I enter a Giveaway?
Softgiving offers two ways to enter a Giveaway, by:
- Donating: Make an optional donation to the benefiting charity through a campaign donation page with a live Giveaway. If you choose to make a donation to charity, we give you entries into the giveaway as a thank you.
- Entering for Free: Go to a campaign donation page with a live Giveaway. Click the “Enter for Free” button (which only displays when a Giveaway is live) and fill out the form before the Giveaway Period ends.
How are entries weighted?
All entries are equally weighted to ensure everyone has an equal opportunity to win. Each free entry is automatically assigned 200 entries (equivalent to the donation entries you receive if you donated $100). When someone makes a donation less than $25, they are assigned 1 entry for every $1 donated. When someone makes a donation greater than $25, they are assigned 2 entries for every $1 donated. The odds of an entry being selected as a Winner have the same value regardless of entry method.
What are we giving away?
Each Giveaway is sponsored by the influencer and/or their partners depending on the prize. The approximate retail value (“ARV”) of the Prize varies depending on the Prize. The ARV of the prize will be displayed in the Campaign Giveaway Rules when a Giveaway is live. No Prize substitution or cash alternative is allowed except at the sole discretion of Sponsor. If a Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. The winner of the Prize (“Winner”) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with filing taxes or otherwise reporting the Prize as income. If the Prize has a value above $600, then Sponsor will provide the Winner with a 1099 form for income reporting purposes to the Internal Revenue Service. If the Prize is valued at $5,000 or more, then the Sponsor shall require the Winner to pay 25% of the fair market value of the Prize for federal tax withholding purposes, and Sponsor may request additional local state tax withholding values as well.
The Winner indemnifies and agrees to hold harmless Softgiving against any legal action or civil fines that may result from the Winner’s failure to properly report the Prize as income to the Internal Revenue Service or any agency where it may be necessary pursuant to applicable laws.
Who can enter a giveaway?
You must be 18 years of age or older to enter a Giveaway.
Most giveaways, which are sweepstakes, are open to legal residents of the United States of America, and many countries around the world. Giveaways are void in all countries on the United States list of embargoed countries and/or countries whose local laws prohibit entry into giveaways. Local laws may restrict or prohibit entry, see Campaign Giveaway Rules for details.
Sometimes your country or state may allow you to enter a giveaway but not allow you to receive a certain Prize. It is the winner of the Prize’s (“Winner’s”) responsibility to review specific restrictions before claiming a Prize.
In all cases, giveaways are void where prohibited by law. All federal, state and local laws and regulations apply.
Employees of Softgiving, Givinga Foundation, Intended Charity or Nonprofit, Prize Provider, or Sponsor and their immediate family or household are not eligible to enter. Any individual who uses a bot, software, or any other codes for the purpose of entering a giveaway will be disqualified.
Sponsor shall have the right, at its sole and absolute discretion, to refuse any Entry whatsoever made by Entrants which it finds to be in violation of these Official Giveaway Rules or which it finds in its sole discretion to be otherwise objectionable for any reason.
When can I enter a Giveaway?
The Giveaway Period (“Giveaway Period”) will vary in length. It shall begin when the giveaway is initiated and shall end at the completion of the timer displayed on the campaign donation page. The start and end date and time for each Giveaway is listed on the campaigns donation page when the Giveaway is live.
How do I know if I won?
The Winner of the Giveaway (“Winner”) shall be decided based on a random drawing when the Giveaway Period ends. The Winner’s submitted “Display Handle” will be displayed on the live stream. The Prize Provider will be notified of the giveaway winner via the campaign’s Live Dashboard. The Winner does not need to be present, attending, or watching the Campaign live by electronic transmission or by any other means, at the time the Sponsor announces the Winner to claim the Prize. The Prize Provider will notify the Winner within 10 days via the Channel, email, or Discord. The Winner must return all requested information within the time period designated in the notification. If the requested information is not returned within the specified timeframe, the Winner will forfeit the Prize and the Sponsor may declare an alternate winner, based on another random drawing. The Sponsor is responsible for shipping the Prize to the Winner, when applicable.
Sponsors or Prize Providers (the “Released Parties”) are not responsible for lost, misdirected, or undeliverable notifications through the prescribed methods above. You agree to hold Released Parties harmless in the event the Prize is not delivered to the Winner through no fault of the Released Parties.
What happens with my donation?
We work with the Givinga Foundation, a U.S. 501(c)(3) tax-exempt non-profit, which receives all donations made through HERO by Softgiving and makes grants to charities (“Intended Charity or Nonprofit”). See our Terms of Service for more information on how the Givinga Foundation makes grants.
How we use your information:
- Your participation and entry into the Giveaway must be in compliance with the Channel’s Community Guidelines and Terms of Service. Entries which don’t comply with the Channel’s Community Guidelines and Terms of Service will be disqualified.
- The Channel does not sponsor or endorse this Giveaway. The Channel is not responsible for this Giveaway. By entering this Giveaway, you release the Channel from any and all liability related to this Giveaway.
- If running a giveaway on Twitch or another similar platform: You will display or read out the following language in connection with your Promotion: “This is a promotion by [Your Name]. [Platform Name] does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion.”
By entering the Giveaway, you agree: (a) to be bound by these Official Rules, Campaign Giveaway Rules, and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules or Campaign Giveaway Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with that Giveaway; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs, and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with your participation in a Giveaway (including any Prize).