All Stars of Giving Challenge
The pages on this website (the "ASU Challenge Webpages") dedicated to the nomination of candidates for Most Valuable Philanthropist are for the purpose of the All Stars of Giving Challenge (the "Challenge") being promoted by All Sports United, Inc., a Delaware nonprofit corporation ("All Sports United" or "ASU").
Donating to the Challenge
The purpose of the Challenge is to promote awareness in the sports community and the public at large about the great causes with which the sports community and the Athletes are affiliated as an act of charity. The Challenge and the participation in the Challenge by Athletes is an exercise of goodwill, by and for people of goodwill, as a charitable exercise and a chance for those who have to give back to the community and to set an example. Being nominated is an honor. However, it carries with it no rights. Neither the nominees nor those nominating them nor their affiliated entities, organization, agents, representatives, heirs, or other persons affiliated with them in any way, have any rights for the Athlete or Cause nominated to ultimately be included or featured in the balloting and voting process, nor shall they have any other rights in any way related to the Challenge, even after accepting a nomination and even if after such an acceptance you are notified that you shall be included in the balloting and voting process, or for any other reason, cause or theory, whether based in law, equity, subjective or community notions of fairness, or in any other rationale or basis. ASU shall have sole and exclusive right to determine the number and selection of all nominees who are submitted in the nomination process or otherwise to be included in the balloting and voting process, and to change such determination at any time. (This does not mean that ASU shall determine the winners or otherwise direct votes. Winners will be determined from among the qualified nominees who are included in the balloting and voting process, pursuant to the voting process rules, which shall be posted on the voting website upon commencement of the voting process.) If a nominee is included in the balloting and voting process, there is and shall be no guarantee that the nominee shall be among the finalists. If an Athlete is nominated and included in the balloting and voting process, the Athlete shall not be entitled to any payment at all, even if included in the winning finalists. Any grants made in connection with the Challenge shall be distributed only to nonprofit organizations that are tax exempt under section 501(c)(3) of the Internal Revenue Code, and shall not inure to the private benefit of any person. Subject to the final determination of Impact Assets, Inc. and the other provisions of the Fund Circular and applicable law, it is contemplated that ASU, as a sports-related, tax-exempt nonprofit organization, shall be a grant recipient of twenty five percent of funds donated in connection with the Challenge.
Anyone can nominate a qualified nominee. Qualified nominees are professional athletes and other sports personalities ("Athletes") who are official spokespersons for, or who otherwise publicly endorse or support, a nonprofit organization with tax-exempt status under section 501(c)(3) of the Internal Revenue Code (a "Cause"). Any Athlete nominated may be associated with only one Cause for purposes of the Challenge; if a nominated Athlete is included in the balloting and voting process, and that Athlete publicly endorses or supports more than one Cause, then ASU shall have the sole right to determine which Cause shall be associated with such Athlete for purposes of the Challenge.
Without limiting anything else herein, if you submit any photo depicting any logo, trademark, copyrighted material, celebrity likeness, or any other intellectual or other protected property of or relating to any sports franchise, sports governing body, corporate sponsor, Cause, or any other individual or entity whatsoever (including but not limited to yourself), or if you make a nomination or take any other action in connection with the Challenge, then you (1) do and shall have the full right and authority to do so, (2) for your self and on behalf of all heirs, successors, assigns, attorneys, agents and representatives, you irrevocably promise to indemnify, defend and hold harmless ASU, the owner of this website, Impact Assets, Inc., and any and all of their respective officers, directors, owners, employees, contractors, agents, representatives, successors, assigns and other personnel from and against any and all losses, costs, damages, court orders, liabilities, and other obligations of every kind that they or any of them may incur or suffer as a result of your violation of the ASU Challenge Terms of Service or other wrongful act or omission.
Nominating Yourself; Accepting Nomination
You may nominate yourself if you are an Athlete. If you nominate yourself, or if you accept nomination made by someone else, then in addition to other content submission, nomination provisions in these ASU Challenge Terms of Service, you represent and warrant to All Sports United, to the owner of this website, and to any and all other individuals and entities affiliated with or otherwise assisting in the Campaign as follows:
(a) If you are an Athlete nominating yourself, then (1) you represent and warrant that you do and shall during the Challenge publicly endorse or support a Cause with its approval, (2) any photo or other image of yourself that you may choose to submit (whether during the nomination process or otherwise, and whether electronically or by other means) is an actual and recent photo of you, (3) you do and shall own any such photo or other image, or you do and shall have the right to use it in the Campaign and to give ASU the right to use it in the Challenge as ASU determines without getting consent from anyone else, or you have received the consent of all persons whose consent is necessary for you to use such photo or other image in the Campaign, and in either case without ASU or the owner of this website obligated in respect thereof, and (4) neither you nor anyone else shall have any right to receive any payment, royalty, fee or other consideration or satisfaction of obligation of any kind or nature whatsoever from or by ASU, the owner of the website, any affiliated entity of either of them, or any of their respective officers, directors, employees, contractors, agents, representatives, or other personnel for any photo or other content submitted, for your nomination, for your participation in any way at all in the Challenge, or otherwise. ASU shall be the sole arbiter in determining whether to use any such photo or other image of any Athlete that excepts a nomination in connection with the Challenge. ASU shall have the right, without consideration or restriction, to use any other image of an Athlete who accepts a nomination in connection with the Challenge that is in the public domain, or which belongs to a third-party that is given consent.
(b) Without limiting, or implicating any particular interpretation of, any other term herein, if (1) any Athlete or Cause, or any individual or entity with which they are affiliated, engages in conduct or is involved in a situation or incident that subjects or may tend to subject her, him or it to public disrepute, scandal or ridicule, or which is generally understood by the public at large to be embarrassing, offensive, insulting, or denigrating to any person or class, or that does or would reasonably be expected to shock, insult or offend the conscience of a community or the public at large, or to prejudice or hold in an unfavorable light either ASU, the Challenge, the owner of the website or its business and any of the respective officers, directors, owners, employees, contractors, agents, representatives, successors, assigns and other personnel, then (2) ASU may, in its sole discretion and without any obligation due to any person in respect thereof, determine to exclude or discontinue such Athlete, Cause, or other person from participation in the Challenge.
Ownership, Control and Waiver
Although the website is not owned by All Sports United, ASU is promoting and sponsoring the Campaign. ASU has been given content management control over the textual portion of the ASU Challenge Webpages by Givkwik, Inc., the owner of the website. As between you and Givkwik, ASU is solely and exclusively responsible for such textual content. Under the arrangement between All Sports United and the owner of this website, other than textual content manipulable by means of the content management system and originally created by ASU in its use thereof, all website content related to the Challenge is and shall be the sole and exclusive property of Givkwik (except for content used by Givkwik under license from a third party, which shall belong to that third party subject to such license) and all such content is made available to ASU only for its limited use in promoting the Campaign under license from Givkwik. ASU is not an agent, representative, joint venturer or partner of or with Givkwik; and Givkwik is not an agent, representative, joint venturer or partner of or with ASU. As a material inducement to Givkwik, notwithstanding anything herein to the contrary, and without limiting anything herein, ASU agrees that as between Givkwik and ASU, Givkwik may use the terms "All Stars of Giving" and "Most Valuable Philanthropist" in its sole discretion in any one or more other ventures, with any other person, without notice to or consent from ASU; and that ASU shall not use either of those terms, or any website content used in connection with the Campaign, in any other charitable, commercial or other ventures, with any other person, whether for remuneration or not, without first obtaining written consent from Givkwik which may be withheld in its sole discretion. All participants in the Campaign, and all users to and visitors of the website, agree to waive any and all rights and claims of any kind whatsoever that any of them may have ever had, now have or come to have against the owner of the website, its affiliated entities, and their respective officers, directors, owners, employees, contractors, agents, representatives, successors, assigns, and other persons related in any way to or arising in any way out of, directly or indirectly, the Challenge, the ASU Webpages, this website or any event related hereto or thereto.
Neither this website nor any other website owned or controlled by Givkwik, Inc. is directed to children. Any person under the age of 18 (or other age of majority in the jurisdiction to whose laws such person is subject) who desires to participate in the nomination or donation aspects of the Challenge may do so only with all legally required consent of such person's legal guardian(s).
Owner of the Website
Although the Challenge is promoted by ASU and the content on the Challenge Webpages is the sole and exclusive property and responsibility of ASU, the website itself and its domain is owned by Givkwik, Inc., a mission-driven, business corporation formed under New York law ("Givkwik"). Givkwik is making its technology and services available to All Sport United and the Challenge in connection with the Challenge as contemplated by the Fund Circular.
Nonprofit registration page: https://givkwik.com/join
Givkwik master terms of service: https://givkwik.com/terms-of-service
Fund Circular: https://givkwik.com/materials/Givkwik-FundCircular_20130501.pdf