1. Introduction
These terms and conditions govern your participation in our exciting campaign designed to empower kids and promote financial literacy. By accessing and using our services, including participating in Modak Donation, you agree to abide by these terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from using our services.
Additionally, it's important to note that most of our campaigns are focused on promoting our products and services through various initiatives such as referral programs, contests, interviews, donations and educational activities aimed at enhancing kids' involvement with financial knowledge.
By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Modak, as final and binding as it relates to the content. The Promotion is subject to all applicable federal, state and local laws.
2. Eligibility:
- Age Requirement: The campaign is open to any individual who has access to the direct mail carrier, including adults, kids, and teenagers. Participation is limited to those who received the mail at the time of entry, regardless of how they gained access to it.
- Geolocalization: The Promotion is only open to legal residents of United States and is void where prohibited by law. Employees of Modak (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
3. How to participate:
The entry must fulfill all Promotion requirements, as specified to be eligible to donate. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Modak.
- Donation Eligibility: To participate in the Modak Donation initiative, donations must meet the following criteria:
- The individual must scan the QR code found in the direct mail. Regardless of the relevance of the product to the recipient, scanning the QR code will contribute to a local charity supporting teachers. Participation is encouraged for anyone who receives the mail, as each scan directly aids the charitable cause, regardless of the individual's interest in the product itself.
- A maximum of 1 scan per device is permitted. Each scan corresponds to a $0.05 donation to the designated charity.
4. Limits/exceptions:
- Age Limitation: The campaign is open to any individual who has access to the direct mail invitation, including adults, kids, and teenagers. Participation is not restricted by age, and there is no age limit enforced for this campaign. Any individual, regardless of how they gained access to the marketing piece, is eligible to contribute by participating. As long as they have access to the piece, they are welcome to scan the QR code and contribute to the cause.
- Entry Limit: A maximum of one scan per device is permitted. Each scan corresponds to a $0.05 donation to the designated charity.
- The limit to the number of entries in total for the campaign must meet the eligibility criteria outlined in Section 3.
- Modak will internally track the number of times the QR code is scanned using our event data system. Once the total donation amount reaches the cap of 10,000 scans or the equivalent of $500, the campaign will automatically conclude, and further scans will not generate additional donations. This is the first time we are implementing this, as it is an experimental initiative.
5. Promotion Period:
The Modak Donation campaign will be active and open for participation starting from 09/16/2024 until 11/16/2024. It will automatically conclude once the total donation amount reaches the deadline and or 10,000 scans, equivalent to $500 in donations. Please note that any scans performed after the donation cap is reached will not be eligible for participation in the campaign and will not contribute additional donations.
6. Donation:
For each scan completed as part of the campaign, $0.05 will be donated to DonorsChoose https://www.donorschoose.org/, a nonprofit organization that empowers public school teachers across the U.S. to request essential materials for their students. The donation is non-transferable and cannot be substituted, assigned, or exchanged for cash. Please note that donations will be processed and issued within 3 business days after the campaign reaches its cap of 10,000 scans, equivalent to $500 in total donations, and or once it reaches the deadline.
7. Donation Notification
The receipt of the donation is subject to compliance with all federal and state laws and regulations. Any violation of these Official Rules by the non-profit organization (as determined at the Sponsor’s sole discretion) will result in the immediate disqualification of the donation, and all privileges will be revoked.
Once the donation has been completed, it will be publicly announced on Modak’s social media platforms. Evidence or supporting documentation of the donation can be requested by following the instructions outlined in Section 13.
8. Rights Granted by you:
By entering this campaign you understand that Modak, anyone acting on behalf of Modak, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Liability and Disputes
By entering, you agree to release and hold harmless Modak and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Limitation of Liability: Modak shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your participation in Modak Donation, including but not limited to, prizes, rewards, donation or any use of or inability to use our services.
- Dispute Resolution: We strive to ensure that participating in Modak Donation is a positive experience for all involved. In the unlikely event that a dispute arises, we encourage open communication and cooperation to resolve.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE USA AND DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
- Informal Resolution: We believe in resolving disputes amicably and encourage you to first reach out to us directly to discuss any concerns or issues you may have. Our team is here to listen and work with you to find a satisfactory solution.
- Arbitration: If a resolution cannot be reached informally, any disputes, claims, or controversies arising from or related to Modak Donation shall be resolved through binding arbitration. The arbitration will be administered by a mutually agreed-upon arbitration provider. We believe arbitration offers a fair and efficient way to resolve disputes outside of the courtroom.
- Fair Process: The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration provider. We assure you that the process will be fair and transparent, and the decision of the arbitrator will be final and binding on all parties involved.
- Costs: Each party shall bear its own costs associated with the arbitration proceedings. We understand that legal proceedings can be daunting, and we strive to minimize any financial burden on all parties involved.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Delaware, US, without regard to its conflict of law principles.
- Jurisdiction: Any legal action or proceeding arising out of or relating to these terms and conditions or Modak Donation shall be brought exclusively in the courts of Delaware, US, and you hereby consent to the jurisdiction of such courts.
10. Privacy and Security
At Modak, we take the privacy and security of your information seriously. We are committed to protecting your data and ensuring that it is handled responsibly and securely.
- Collection of Information: We collect certain personal information from you when you participate in Modak Donation to facilitate your participation and administer the campaign effectively. This may include information such as your name, email address, and transaction details. Rest assured, we only collect information that is necessary for the campaign and in accordance with our Privacy Policy.
- Use of Information: The information collected from you may be used to communicate with you regarding the campaign, notify you of any updates or changes, and facilitate the distribution of prizes or rewards. We may also aggregate and analyze data for statistical purposes to improve our services and offerings.
- Security Measures: We have implemented robust security measures to safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, firewalls, secure data storage, and regular security audits. We continually review and update our security practices to ensure they meet the highest standards.
- Third-Party Partners: In some cases, we may engage third-party service providers to assist us in administering the campaign or providing certain services. These service providers are bound by strict confidentiality agreements and are only authorized to use your information as necessary to perform their services on our behalf.
- Data Retention: We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy and Security section, unless a longer retention period is required or permitted by law.
By participating in Modak Donation, you acknowledge and agree to the terms of this Privacy and Security section and our Privacy Policy.
11. General Terms and Conditions:
By accessing and using our services, including participating in Modak Donation, you agree to abide by these general terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from using our services.
- Participant Conduct: Individuals are expected to conduct themselves in a respectful and responsible manner while participating in Modak Donation. Any behavior that violates these terms and conditions or engages in fraudulent activity will result in disqualification from the campaign. Modak has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Promotion rules; or the use of bots, macros or scripts or other technical means for entering.
- Technical Issues: Modak is not responsible for any technical issues that may affect participation in Modak Donation, including but not limited to, internet outages, server downtime, or software malfunctions. We will make every effort to address and resolve technical issues promptly.
- Compliance with Laws: Participation in Modak Donation is subject to all applicable laws and regulations. Participants are responsible for ensuring compliance with any local, state, or federal laws that may apply.
- Amendment or Cancellation: Modak reserves the right to amend or cancel Modak Donation at its discretion, without prior notice. In the event of cancellation, Modak will make reasonable efforts to notify participants and provide any necessary refunds or compensation.
- Ineligibility: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, Modak reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Consent to Terms: By participating in Modak Donation, participants agree to abide by these general terms and conditions. Modak reserves the right to take appropriate action, including disqualification, against any participant who violates these terms.
- Communications: By entering the Promotion you agree to receive email newsletters periodically from Modak. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
- Review of Terms: Participants are encouraged to review Modak's privacy policy and terms of service, which govern the use of our services in addition to these general terms and conditions.
These general terms and conditions are intended to ensure a fair and enjoyable experience for all participants in Modak Donation. Thank you for your cooperation and participation!
12. Contact Information
For any inquiries or assistance regarding Modak Donation or our services, please feel free to reach out to us through the following channels:
- Email: You can contact us via email at hi@modakmakers.com.
- In-App 24/7 Live Chat: We offer a convenient in-app live chat feature available 24/7 to assist you with any questions or concerns you may have. Simply access the live chat feature within the Modak app to connect with a member of our support team in real-time.
- Support Webpage: Visit our support webpage at Modak Support for comprehensive information, FAQs, and resources to help address common issues and inquiries. You can also submit a support ticket through the webpage for personalized assistance from our support team.
We are committed to providing prompt and helpful assistance to ensure your experience with Modak Donation and our services is positive and enjoyable.
13. Donation Support evidence: To obtain a copy of the donation or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025. Requests must be received no later than 10 business days after the end of the Modak Donation
14. Sponsor: The Sponsor of the Promotion is Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025.
15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this Promotion and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.
