Introduction

Benefit Games, (“we,” “us,” or “our”) operates a technology platform that enables individuals and organizations to create fundraisers, host events, and process donations on behalf of third-party charities, nonprofits, and other qualified beneficiaries (“Beneficiaries”).

By accessing or using our website or services (the “Platform”), you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our Platform.

Benefit Games Is Not the Charity

Benefit Games is a donation-processing and fundraising facilitation platform. Our Services are a tool for running Fundraisers and for helping Organizers connect with Donors. We are not the Beneficiary, nor do we represent or control the Beneficiary’s operations, governance, or use of funds.

By making a donation through our Platform, you acknowledge that:

• We are not a bank, payment processor, broker, charity, or financial advisor.
• We do not solicit donations, the existence of the Services is not a solicitation of donations, and we do not engage in solicitation activities for ourselves or others on our Platform
• Your donation is made to the designated Beneficiary, not to Benefit Games;
• Benefit Games is not responsible or liable for how the Beneficiary uses the funds.
• We do not act in, or intend to act in, any capacity that requires registration, licensure, or compliance as a Professional Fundraiser, Commercial Fundraiser, or Professional Fundraising Counsel in any US state, as such terms are defined under applicable laws.
• We do not control or endorse any User, Fundraiser, or cause, and we can’t guarantee the success of a Fundraiser. 
• As a Donor, it’s up to you to decide if a cause is worth contributing to.

Accepting of Donations and Purchases

Acceptance of any contribution, gift, purchase or grant is at the discretion of Benefit Games and the benefiting Charity or fundraiser (“Beneficiary”). By making a donation or purchase through our platform, you authorize Benefit Games to transfer the net proceeds to the designated Beneficiary. By donating or purchasing, you acknowledge and agree that Benefit Games is not responsible for how the Beneficiary uses the funds, and that the funds will be used in accordance with the Beneficiary’s own mission, policies, and discretion. Benefit Games only accepts US Currency, by cash, credit, debit or check. In-kind donations or non-cash gifts may be accepted only at our sole discretion.

Refund Policy

All donations, event tickets, registrations, and experiences purchased through Benefit Games are final and non-refundable, unless otherwise required by law or unless Benefit Games determines, in its sole discretion, that a refund is appropriate due to a processing error.

Donors acknowledge that Benefit Games is a pass-through platform and cannot reverse or recall funds already disbursed to a Beneficiary.

Tax Advice

All information provided through our Platform is for your general knowledge and isn’t meant to be professional advice. Benefit Games does not provide tax, legal, or accounting advice. Donors are encouraged to consult with their own professional advisers regarding the tax treatment of their contributions.

Benefit Games issues receipts for donations it processes; however, no value is assigned to any receipt for non-cash gifts or in-kind contributions, and donors are solely responsible for determining the fair market value of any such gifts.

Age Restrictions

If you are under 18, you are prohibited from using our Platform or Services. By using our Platform or our Services, you represent and warrant that you are over the age of 18.

Data Collection

We collect information primarily to accept donations, complete our charitable projects, and provide you with information concerning our programs, projects, and activities. We also use information for analytical purposes, to improve our website, our donor base, our outreach, or to respond to requests for information or merchandise. We may inform you of other purposes at the time that we collect some forms of information.

Donor First Name, Last Name and amount donated may be published on our website and donor contact info may be shared with the charity. With respect to anonymous gifts, Benefit Games will restrict information about the donor to only those staff members with a need to know. If you would like to remain anonymous please contact us via email, mail or phone at the information provided below.

We do not sell information that you provide to us with other organizations who intend to use it only to market their products or services to you

There may be instances in which we share your information with others. We may share your information, for example, in conjunction with your donation to a certain project, as required by law, with law enforcement, to comply with legal process, to protect our legal rights, to protect the safety or security of a person, or to protect against fraud, criminal acts, or misconduct. We may also share your information with companies that provide us with services, or with a successor legal entity.

If you would like to access the data that we received from you, or make corrections to it, you may contact us at the email or mailing addresses provided at the end of this policy.

If you registered to receive communications from us and later change your mind, you may ask that your name and contact information be removed from our distribution list. You can send such a request to the email or mailing addresses at the end of this policy.

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time we do not modify your experience based upon whether such a signal is broadcast.

Links

Our website may contain links to other Web sites. Please note that when you click on one of these links, you are entering another site that is governed by that site’s privacy policies and terms, and Benefit Games is not responsible for their content, practices, or policies.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Benefit Games and its officers, employees, contractors, consultants and agents, any and all Additional Insureds, and all entities and individuals owning a beneficial interest in such entities and any and all affiliates, officers, directors, agents, employees, members, partners, officials, shareholders and managers (hereafter collectively “Indemnitees”)  from and against any all claims, suits, damages, liabilities, professional fees, including attorneys’ fees, costs, court costs, expenses and disbursements arising out of or in connection with or as a result or consequence of:

• Your use of the Platform
• Your donations, purchases, etc. associated with or on the Platform or linked through by the Platform.
• Attendance at any and all events promoted on the Platform.
• Your violation of these Terms
• Any misrepresentation of your identity, affiliation, or donation purpose

Changes to Privacy and Terms and Conditions

We may update or modify these terms and our privacy practices from time to time. Any changes will be posted on this website, and the “Effective Date” will be updated accordingly. Continued use of our platform after such changes constitutes acceptance of the updated terms..

Communicating With Us

If we need, or are required to, contact you about the privacy or security of your information we may do so by telephone, email, or mail. If you have any questions, concerns, requests, or comments about privacy, you can contact us by email, telephone, or mail at:

hello@benefitgames.com
(646) 979-7500.
49 Beech Street
Port Chester, NY 10573

Effective: July 1, 2024