Terms Of Use 

This website, as well as all associated mobile sites and mobile applications (collectively referred to as “Site”) is operated by Fandiem, Inc. ("us/we/our"). "You/your" means you as a user of the Site. We offer this Site, including all information, products and services available from this Site, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. 

THESE TERMS INCLUDE IMPORTANT LIMITATIONS OF LIABILITY, DISCLAIMERS, GOVERNING LAW, VENUE, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. PLEASE READ THEM CAREFULLY. 

PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE. 

If there is anything you do not understand, please email any inquiry to legal@fandiem.com. If at any time you do not agree to these Terms of Use, please do not use this Site. 

YOU SHALL NOT USE THE SITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE IN A WAY THAT MAY CAUSE THE SITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE. 

Our Sweepstakes 

We offer our Services as a tool to allow non-profits and charitable organizations ("Charity") to conduct sweepstakes promotions or prize draws. The Site hosts multiple sweepstakes/prize draws (each a "Sweepstakes"). In each Sweepstakes, donations are made to Our Change Foundation, which may then make grants to benefit the designated Charity, as described in our Donation Policy & Disclosures. Each Sweepstakes is separate. Entry into one Sweepstakes is not entry for any other Sweepstakes. Details on the exact dates for any Sweepstakes, along with the prize(s) available in that Sweepstakes, the beneficiary charity, and any other details will be listed within the campaign page for each Sweepstakes. 

By entering any of our Sweepstakes, you agree to comply with and be bound by the Official Rules. 

Intellectual Property Ownership and Use 

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Site shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content. 

We grant you the limited right to access and make use of the Site as our customer. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site’s name or our trademarks; d) engage in any activity that interferes with the Site or another user’s ability to use the Site; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the goods or services offered on the Site; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use. 

You shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission. 

All Site Content and all materials and content contained within the Site, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Site, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission. 

Infringement Notice 

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email at the following address: legal@fandiem.com. 

In order for us to more effectively assist you, the notification must include all of the following: 

1. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; 

2. A description of the copyrighted work or other right you claim has been infringed or violated; 

3. Information reasonably sufficient to locate the material in question on the Site; 

4. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; 

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and 

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner. 

Errors and Inaccuracies 

We strive to provide complete, accurate, up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. 

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site. 

IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND. 

Changes to Site or These Terms of Use 

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site or any portion of it. 

We may alter these Terms of Use from time to time, and your use of the Site (or any part of the Site) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Site. 

The Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site. 

External Sites and Resources 

We are not responsible for the availability of any websites owned or controlled by third parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources. 

Orders, Price and Resale 

From time to time, merchandise may be offered for sale on the Site(s). Such merchandise offers and sales shall be managed by our third party fulfillment vendor(s). All policies related to such merchandise, including without limitation orders, price, shipping and returns shall be managed by the applicable third party fulfillment vendor. All questions 

regarding such merchandise should be directed to the applicable third party fulfillment vendor. We are not responsible for the availability of any goods owned or controlled by third parties, including our third party fulfillment vendor(s). 

Donations 

ALL DONATIONS ARE NON-REFUNDABLE. 

DISCLAIMERS 

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. 

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 

AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. 

LIMITATIONS OF LIABILITY 

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH 

LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

INDEMNIFICATION 

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT. 

GOVERNING LAW; VENUE 

You agree that all matters relating to these Terms of Use, our Privacy Policy, any Sweepstakes, any Official Rules, any donation, any campaign hosted through the Site, or the Site generally will be governed by the laws of the State of New York and applicable federal law, without regard to conflict-of-law principles that would require the application of the laws of another jurisdiction.

Subject to the pre-suit notice and informal resolution process below, you agree that any claim or dispute arising out of or relating to these Terms of Use, our Privacy Policy, any Sweepstakes, any Official Rules, any donation, any campaign hosted through the Site, or the Site generally shall be brought exclusively in the state or federal courts located in New York. You waive all objections to personal jurisdiction, venue, and inconvenient forum in those courts.

For purposes of the foregoing, the parties agree that venue shall be proper in the Supreme Court, State of New York, County of Queens, or the United States District Court for the Eastern District of New York.

DISPUTE RESOLUTION; PRE-SUIT NOTICE

Before either you or Fandiem commences any lawsuit or other proceeding arising out of or relating to these Terms of Use, our Privacy Policy, any Sweepstakes, any Official Rules, any donation, any campaign hosted through the Site, or the Site generally, the party asserting the dispute must first provide written notice describing the nature and basis of the dispute and the relief sought. Notices to Fandiem must be sent by email to legal@fandiem.com.

After notice is received, the parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days, unless a shorter period is required to avoid expiration of a statute of limitations or to seek emergency injunctive or equitable relief. Nothing in this section prevents either party from seeking temporary, emergency, or injunctive relief where appropriate. Nothing in these Terms of Use prevents either party from bringing an individual qualifying claim in small claims court, so long as the matter remains in that court and proceeds only on an individual, non-class, non-representative basis.

CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, you and Fandiem agree that any claim or dispute arising out of or relating to the Site, any Sweepstakes, any Official Rules, any donation, any campaign hosted through the Site, these Terms of Use, or the Privacy Policy must be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, mass, private attorney general, or representative action.

There shall be no right or authority for any claim or dispute to be brought, heard, maintained, or resolved as a class action, collective action, consolidated action, mass action, private attorney general action, or representative action, except to the extent such waiver is prohibited by applicable law.

Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.

WAIVER OF JURY TRIAL

To the fullest extent permitted by applicable law, you and Fandiem knowingly and voluntarily waive any right to a trial by jury in any action, proceeding, claim, or counterclaim arising out of or relating to the Site, any Sweepstakes, any Official Rules, any donation, any campaign hosted through the Site, these Terms of Use, or the Privacy Policy.

Severability

If any provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision will be limited or severed to the minimum extent necessary so that the remaining provisions of these Terms of Use will continue in full force and effect.

Investigations of Violations of These Terms 

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. 

Notice for California Users 

Under California Civil Code Section 1789.3, residents of California who use this Site are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov. 

In addition, we are located at Fandiem, Inc., 16 Railroad Place #1081 Westport, CT 06880 and may be reached by email at legal@fandiem.com or telephone at (929) 552-9111. Please contact us to resolve any issues with our Site that you may have. 

Miscellaneous 

These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Site (as may be amended from time to time) (“Site Agreements”) contain the entire agreement between you and us relating to the Site and your use of the Site and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Site Agreements. You confirm that, in agreeing to accept these Site Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Site 

Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Site Agreements. 

You may send us notices or communicate with us by email at legal@fandiem.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS 

Fandiem (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://fandiem.com/pages/privacy-policy (the “Agreement”). Privacy requests may be submitted through our Privacy Requests portal at [Captain Compliance DSAR Link]. 

1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. Message and data rates may apply. Message frequency varies. 

1. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree 

that Fandiem and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. 

2. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, sweepstakes alerts (or similar), delivery and sale of digital and physical products, services. Messages may include checkout reminders. 

3. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. 

4. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at legal@fandiem.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. 

5. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. 

6. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages. 

7. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. 

8. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of 

thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. 

9. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: 

10. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). 

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; 

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; 

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; 

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; 

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and 

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. 

11. . Identity Verification and Anti-Fraud 

You warrant that all the information you provide is accurate, complete and up to date. Please note that any false statements or information provided that is intentionally inaccurate is unlawful. The Company maintains a zero tolerance policy for any fraud, corruption or violations of relevant laws on this site or through the use of this service. To the extent that the law allows, we may verify your identity. You must notify us immediately if you become aware of any unauthorized use or access to your account. 

1. You warrant that you are not currently subject to any civil or criminal judgment, are not currently in bankruptcy or have petitioned a court under Chapter 7 of the U.S. Bankruptcy Code in the past 5 years, are not subject to sanctions or have been included as a Specially Designated National (SDN) under the U.S. Departments of the Treasury or Commerce. 

2. Security: We take the protection of your information seriously and have implemented technical and organizational measures designed to safeguard from loss and unauthorized access, use, alteration, or disclosure. While we strive to provide robust security, no system is foolproof. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or misuse the saved information. While we will do our best to safeguard the information provided, we disclaim all responsibility for such loss, theft or unauthorized access by an external third party that breaches our safeguards. 

1. State Law: 

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident only if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping 

notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable. 

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident only if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code. 

1. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. 

DATE LAST MODIFIED: July 27, 2026