Terms of Service

1. Parties and Acceptance

These Terms constitute a legally binding agreement between Simply Raffle ("Operator," "we," "us") and the school, parent-teacher group, or other organization ("Organization," "you") that uses the Simply Raffle application accessible at simplyraffle.com. By using the Application, the Organization's authorized representative warrants that they have the authority to bind the Organization to these Terms.

2. Nature of the Service — Important Limitations

Administrative Tool Only. The Application is a software tool for internal administrative use. It provides ticket record-keeping, participant management, and draw result tracking. The Application does not conduct, operate, promote, or participate in any raffle, lottery, sweepstakes, or gaming activity on behalf of the Organization.

No Raffle Conduct by Operator. The Operator is not an "eligible organization" under California Penal Code § 320.5 or any comparable statute and is not authorized to conduct raffles. All raffle activities — including ticket sales, fund collection, prize procurement, and the official winner draw — are the sole responsibility of the Organization.

No Legal or Tax Advice. Nothing in the Application or its documentation constitutes legal, tax, financial, or compliance advice. The Organization is solely responsible for obtaining qualified legal and tax counsel regarding its raffle activities.

3. Organization Compliance Certification

By using the Application, the Organization represents, warrants, and certifies that:

• It is legally authorized to conduct raffle or charitable gaming activities in its jurisdiction under applicable law.
• It holds, or will obtain before conducting any raffle, all required registrations, licenses, and permits.
• It qualifies as an "eligible organization" under applicable state charitable gaming law, including (where applicable) a valid California Franchise Tax Board tax-exemption determination letter.
• It will comply with all applicable laws governing raffles, charitable gaming, and fundraising.
• It is NOT located in a jurisdiction where paid charitable raffles are prohibited (see Section 4).

4. Jurisdictional Restrictions

The Application is not intended for use where paid charitable raffles are prohibited:

• Alabama — Constitutionally prohibits all lotteries and raffles.
• Hawaii — Prohibits raffles requiring payment for entry.
• Utah — Considers paid raffles illegal gambling.

Organizations in other states are responsible for verifying their state's specific raffle laws before using the Application.

5. Operator's Financial Interest

The Operator does not hold and will not acquire any financial interest in the conduct of any raffle administered using the Application. The Operator's compensation consists solely of flat licensing or service fees not contingent on raffle revenues, proceeds, prizes, or outcomes. The Organization agrees that any fees paid shall come from the Organization's general funds, not from raffle ticket revenues reserved for charitable purposes.

6. Data and Privacy

The Operator's collection and use of student and family data is governed by the Privacy Policy and the Data Use and Service Agreement executed between the parties. The Organization agrees to execute the Data Use and Service Agreement before entering any student personally identifiable information into the Application.

7. Acceptable Use

The Organization agrees that it will not:

• Use the Application for any purpose other than internal raffle administration for a lawfully conducted charitable raffle.
• Enter data belonging to another organization without authorization.
• Attempt to gain unauthorized access to any portion of the Application.
• Reverse engineer, decompile, or attempt to extract the Application's source code.
• Resell, sublicense, or transfer access to the Application without the Operator's written consent.

8. Indemnification

The Organization shall indemnify, defend, and hold harmless the Operator from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Organization's use of the Application; (b) the Organization's raffle or charitable gaming activities; (c) the Organization's violation of applicable law; (d) the Organization's breach of these Terms or the Data Use and Service Agreement; or (e) any misrepresentation of its legal eligibility to conduct raffle activities. This indemnification obligation survives termination.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Operator's total cumulative liability shall not exceed the greater of: (a) total fees paid in the 12 months preceding the claim, or (b) $100.00. In no event shall the Operator be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost data, or reputational harm, even if advised of the possibility of such damages.

10. Disclaimers

The Application is provided "as is" and "as available" without warranties of any kind. The Operator does not warrant that use of the Application will make the Organization's raffle activities compliant with any law. The Organization is solely responsible for legal compliance.

11. Term and Termination

These Terms are effective from the date of first use and continue until terminated. Either party may terminate for convenience on 30 days' written notice, or immediately for material breach. Sections 8 (Indemnification), 9 (Limitation of Liability), 10 (Disclaimers), and 12 (Governing Law) survive termination.

12. Governing Law

These Terms are governed by the laws of the State of California. Disputes shall be resolved in the state or federal courts of California.

13. General

These Terms, together with the Privacy Policy and the Data Use and Service Agreement, constitute the entire agreement between the parties. If any provision is held unenforceable, the remaining provisions remain in full force.