By taking any step to participate in the Facebook GivingTuesday Donation Match Program (“Program”), 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 Program is a donation matching program from Facebook, Inc., 1 Hacker Way, Menlo Park, California, U.S.A. 94025 (“Facebook”). Make a donation using an authorized payment method to a US-based 501(c)(3) charity using the donation tools that Facebook provides on the Facebook platform for purposes of this Program, including fundraisers, donate buttons, page posts, and live videos (collectively, “Charitable Donation Features” or each, a “Charitable Donation Feature”) starting at 8:00:00am EST (US) on Tuesday, December 1, 2020 (“GivingTuesday”), and Facebook will match the donation amount in the following proportions to benefit your chosen fundraiser, subject to verification of your original donation in Facebook’s sole discretion, up to a total of $7,000,000 USD in matched donations (“Offer”).
The Offer is valid only on GivingTuesday and limited to maximums of up to $7,000,000 USD total matching donations, up to $20,000 USD per donor, and up to $100,000 USD 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 fundraisers for personal causes, Instagram donation stickers, Instagram donate buttons, Instagram live fundraisers, or Instagram fundraisers for personal causes – are not eligible for the Offer. Original donations, matched donations, and any other benefit related to the Program, may be collectively referred to in these Terms as “benefits”.
Your participation in the Program, 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 Program is void where prohibited by law.
To participate in the Program 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 U.S. sanctions, for or on behalf of individuals or entities on the List of Specially Designated Nationals and Blocked Persons, or for any other purposes or in any manner that would otherwise violate applicable U.S. or non-U.S. trade sanctions;
- Not raise, transfer, or use funds in any way, directly or indirectly, to facilitate any act that would constitute bribery or an illegal kickback, an illegal campaign contribution, or would otherwise violate any applicable anti-corruption or political activities law;
- Have the legal authority to act on behalf of any organization upon whose behalf you are acting, if any;
- Comply with all applicable laws, rules, and regulations in connection with all participation in the Program, including, without limitation, making, soliciting, or being involved with any original or matching donation or use or receipt of donated funds;
- Not engage in inauthentic behavior or behavior 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 Program in any way, or violate any provision in these Terms or the TOS; and
- Be able and willing to receive matched donations from Facebook’s partner Network for Good, which will provide the matched donations for this Program.
You agree to sign and have your charity/organization 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 Program 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 Program or in claiming any benefits offered to you. As a condition of your participation in the Program, you acknowledge that Facebook may elect to conduct due diligence on you and those individuals with significant control within your charity, or other organization (as applicable), and you hereby agree to cooperate with Facebook in connection with it. You agree that your, and your company/organization’s, participation in the Program is contingent upon the results of the due diligence that may be performed by Facebook, and Facebook may disqualify you and your company/organization if the results reveal any act, offense, 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 Program, the community, or any employee, agent, or affiliate of Facebook.
Facebook may use the data you submit in connection with your participation in the Program 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 Program. 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 U.S. 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, then you agree that your receipt and use of the donation is in compliance with all rules and regulations applicable to your entity or organization 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 organizations (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 nontransferable 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 Program will be resolved by Facebook in its sole discretion. AS A CONDITION OF PARTICIPATING, 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, TRAVELING TO OR FROM, OR PREPARING FOR ANY PROGRAM-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 unauthorized intervention in any part of the application process or technical or human error of any kind that may occur in the administration of the Program 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 Program.