2024 Holiday Toy Drive

Terms and Conditions of 2024 Holiday Toy Drive

 

1. Agreement Overview

1.1 This agreement ("Agreement") is entered into between [Archer Angels Family Services LLC], hereinafter referred to as the "Provider," and [Applicant Name listed on the form], hereinafter referred to as the "Participant."

1.2 This Agreement shall be effective as of [Effective Date signed or e-signed on application/registration form].

1.3 These terms and conditions are to be read carefully as it contains details pertaining to this provider, Archer Angels Family Services LLC (AAFS). Voluntary use of services, resources and communication with this provider is considered acceptance of these terms and conditions within this agreement between the participant and this provider.

 

2. Event Details                             

2.1 The Provider agrees to conduct an event, details of which are outlined below:

2.2 Items and/or service(s) promised will be given on a first come, first serve basis, while supplies/services/seats last. A set predetermined number of entries is required in order for this event to be carried out to completion. If this undisclosed amount is not met, this event may be cancelled at anytime. This provider also reserves the right to cancel this event at anytime for any reason. If this event has been cancelled, this provider will not be obligated to carry out tasks and/or distribute items/services as initially intended and/or advertised.

2.3 Participation in this event is an automatic indication that participants/recipient(s) comprehend and agree to these conditional terms/rules. Participants will also not hold this provider nor it’s partners responsible or liable when the seat or supply of item(s)/services, promised run out of stock or are no longer available. This provider reserves the right to refuse or terminate this event, an entry form and/or therapeutic services at any time for any reason without restriction or reservation.

2.4 A therapeutic relationship can be established depending on the participants interest, and willingness to engage in counseling. One’s level of need that meets the criteria of medical necessity is also necessary to determine appropriateness/relevance. This provider can either deliver behavioral health consultation services or refer the participant to another agency/organization.

 

 

 

3. Eligibility Criteria

3.1 Participation in this event is open to [Archer Angels Family Services members, clients, as well as eligible individuals/families residing in the State of Massachusetts].

3.2 Exclusions are specific to those who do not reside in the State of Massachusetts. This exclusion also applies to those that intend to utilize AAFS services for any purpose outside of personal use and benefit that meet the criteria of medical necessity. AAFS events, activities, services and products are not to be resold, duplicated or redistributed for any reason without prior consent.

3.3. Exclusions are also specified in the advertisement. All advertisements will specifically indicate the demographic that is eligible for the event, product and/or service promoted.

3.4 Therefore, this provider reserves the right not to consider or accept all based on these terms and conditions. For successful consideration of ones electronic entry form submission, full and accurate completion of this e-form is required. Entries must include e-signature and the checking off of this “Accept” box. Only one entry per person or family will be considered. Entries can only be made by one individual that applies for a specific participant or family. Minors (under the age of 18) must have the consent and assistance of their parent/legal guardian to make an entry. Entry forms with inaccurate or missing information will not be processed.

3.5 Submission of an entry form is an attestation, warranty and representation that the participant has the authority, mental and legal capacity to agree to the terms and conditions of this event. Continued use of consultation services, participation in this event as well as future events with this provider will be deemed as acceptance and agreement to all of these terms. If a participant does not wish to be bound by the terms and conditions outlined in this agreement, no entry form should be submitted, nor applicable service(s)/products should be sought. 

 

4. Event Period

4.1 Start Date: The event will commence on the [Start Date listed as advertised] at [Start Time listed as advertised].

4.2 End Date: this event will conclude on [End Date listed as advertised] at [End Time listed as advertised].

 

5. Event Mechanics

5.1 Entry Process: Participants are to apply/register using the electronic form provided.

5.2 Selection Process: Applicants who submit a competed form in it’s entirety will be considered to participate. Selection is based on a first come-first serve basis of AAFS members, clients and patients that qualify for the service/product advertised.

5.3 Only electronic entries and e-signatures made with the use of online platform(s) selected by this provider will be considered. These electronic entries and e-signatures carry full legal authority just as if conducted or transacted on paper. The successful submission of an electronic entry form serves as an individual’s automatic consent to participate in this event. Participants agree that all transactions or services provided in person or electronically online are legally binding. After clicking the “Accept” box, participant(s) agree to accept all of these terms and conditions as an agreement between this provider and the participant.

5.4 This provider reserves the right to modify, amend or update the terms and conditions of this event at any time without restriction. It is the participant’s responsibility to keep track of pertinent updates, mail correspondence, emails, dates or deadlines, website updates and/or updates to these terms to ensure successful redemption of items/services promised. As a condition of this entry, participants are solely responsible to keep track of any instructions related to this event and notify this provider of any issue(s)/error(s).

5.5 Participants must complete entry forms with accurate identifiable information in order to take part in an event, product distribution or service as promised. This provider possesses and reserves the legal authority to verify the existence and identity of each participant submitting entry forms online, mail and/or via phone.

5.6 Participates agree to the terms of this event, through the completion of an online entry form with e-signature. This includes the agreement to use, access, and participate in this online transaction of their own free will. Entries must be submitted in a manner that is consistent and does not violate applicable laws, rules and/or regulations. Participation in this event through completion of this online entry transaction and/or services are subject to federal and state laws, regulations and/or rules. This also includes the Health Insurance Portability and Accountability Act (HIPPA) of 1996.

5.7 This provider will initiate efforts of outreach and participant contact through either a phone call or an additional qualifying e-Form. Participants also consent to communication via mail, phone, email, text messaging and mental health consultation service(s) from this provider. This provider will take appropriate measures to determine participant eligibility through the verification of the potential recipient’s existence and identity. This community outreach event will serve as an opportunity for participants to receive a mental health wellness consultation by a licensed professional. Mental health consultations usually review the participants behavioral health needs as well as relevant topics about public health. Therefore, participation through the submission of an entry form with an e-signature serves as automatic consent to treatment if the provider and/or recipient deems it necessary. Additional counseling sessions can be scheduled if the participant meets the criteria of medical necessity. Depending on the provider’s availability and capacity to take new cases, this provider can facilitate these sessions.  Referrals can also be made to a different service provider when it has been determined that the provider has reached capacity.

5.8 Routine counseling sessions are not a requirement for participation in this event. Mental health counseling includes comprehensive assessment(s), treatment planning, weekly psychotherapy sessions, family consultations, communication with collateral providers, the review of psych-education materials/worksheets, community resources as well as referrals to higher levels of care. The resources and advice provided during the initial consultation or group is primarily meant for educational and informational purposes. Again, a commitment to multiple therapy sessions is not a requirement for participation in this event.

5.9 A commitment to regularly engage in counseling therapy would be required to solicit an accurate professional opinion of presenting symptoms, diagnosis and treatment planning from a behavioral health professional. Therefore, participation in this event alone does not constitute and should not be considered a complete psychological evaluation.

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6.0 Prizes and Rewards: All supports and resources utilized by this provider are delivered in good faith, with benevolent intention, in a manner consistent with applicable laws and ethical standards.

6.1 Individuals and families that qualify to participate in this event will receive an admission’s ticket to the theme park advertised.

6.2 Participants will also be offered round trip transportation to the theme park from a designated location in Boston Massachusetts.

6.3 Participants will only be considered to take part in this event after this provider has received an acceptable and complete registration form. Additional details and follow-up instructions, pertaining to the event, will be given to applicants who have met the eligibility criteria.

6.4 Participants will be notified of application acceptance via email, mail and/or phone text/call.

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7. Termination Clause

7.1 Either party may terminate this Agreement with written notice for any reason at any time.

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8. Governing Law

8.1 This Agreement shall be governed by and construed by the laws of the State of Massachusetts.

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9. Miscellaneous

9.1 All amendments to this Agreement shall be made by this provider in writing.​ This provider reserves the sole discretion with or without notice to modify, amend as well as temporarily or permanently discontinue the products/services promised in this event.

9.2 This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.

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10. Contact Information

10.1 Provider’s Contact Information [As advertised]

10.2 Participant's Contact [As detailed on the Participant’s registration form]

IN WITNESS WHEREOF, the parties hereto have executed this Friends and Family Day Agreement as of the Effective Date signed by the participant.

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10.Supply Accessibility

10.1 Accessibility Terms

The guaranteed items, seats and/or services as well as administrations will be given while provisions last on a first-come, first-served basis. This occasional advancement is expected to be completed in a predetermined number of passages. In case this undisclosed aggregate isn't met, this headway may exit the blue. This provider also asserts all positions to drop this event headway at whatever point for any reason. This provider won't be committed to completing the errands as well as disseminating toys and different things as initially arranged and publicized on the off chance that this advancement is dropped.

10.2 Beneficiary Obligation

Cooperation in this event headway is a modified sign that recipient(s) comprehend and agree to these standards and will not consider this provider reliable or mindful when the load of item(s) surefire runs inaccessible. This provider also keeps up with all positions to deny or end this periodic headway as well as helpful organizations at whatever point for any reason without restriction or reservation.

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11. Agree to Take an interest

11.1 Accommodation and Assent

The accommodation of an electronic passage structure is viewed as agreeing to take part in this occasional advancement upon fruitful consummation. Individuals moreover consent to correspondence with this provider. The initial phone call is used to verify participants by confirming the potential recipient's identity and location.

11.2 Health Conference

Members will likewise have a concise opportunity to get psychological well-being and health counsel from an authorized proficient during the call. Profound prosperity gatherings ordinarily review the part's direct prosperity needs as well as relevant focus on broad prosperity. Therefore, if both the provider and the recipient deem it significant, cooperation via the provision of a passage structure with an online endorsement qualifies as programmed consent to treatment. Extra prompting gatherings can be reserved accepting that the part meets the models of clinical need. Depending upon the provider's accessibility and capacity to take new cases, this provider can work with these gatherings. References can similarly be made to another expert association when it has been settled that the provider has shown up at the cutoff.

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12. Electronic Waiver, Liability Release, and Indemnification

12.1 Participation Voluntariness

Involvement in this event, is optional and voluntary. Voluntary use of services, resources and communication with this provider is considered acceptance of these terms and conditions within this agreement between the participant and this provider. This provider benevolently intends to carry out all tasks as promised and advertised for the successful execution of this event. Participants will be treated with care by this provider and staff. Participation in this event is an indication that recipients agree to release and hold this provider including it’s partners harmless from any and all forms of liability and risk.

12.2 This irrevocable release of liability will take effect during the periods of contact made (1) presently, (2) in the future, (3) retroactively and (4) for perpetuity, upon successful submission of the signed registration form provided. This constitutes the first day of service contact.

12.3 All items and/or services will be obtained from 3rd party vendors. However, this provider does not accept responsibility for any risk associated with the appearance, performance or long-term consequence(s) of the products or services delivered. Participants agree to irrevocably relinquish this provider from all forms of liability or risk in perpetuity, in the event of the following: (1) Adverse effects experienced by the participant and/or others during or after the event or item receipt. (2) If exhibits, activities and/or items during the event have been found to be defective or harmful during or afterwards. (3) Unsatisfactory appearance or condition of the venue, site or vehicle during or after the event has ended. (3) If participant(s) find that the meals or refreshments served during the event are unsatisfactory. (4) If the event, group, service or item has been cancelled or stopped unexpectedly during the event. (5) If the planned activity for the event has been changed to a different, yet similar activity than what was initially promised/advertised. (6) If the environment of the event/venue becomes unsafe or unsanitary during the event. (7) If a natural disaster were to occur within the community or if other participants/customers were to become unruly. (8) If the transportation or parking accommodations offered by the venue were to be insufficient or unsatisfactory in any way.

12.4 All catering and food items will be obtained by a third party organization/grocer. This provider does not assume responsibility for the actions or meals supplied by the said third party.

12.5 This provider and/or it’s partners will not be held liable or responsible to another third party or participants for (1) errors related to these online transactions, electronic or telephonic communication, malicious coding, computer viruses and/or technical compatibility issues. (2) Any errors, issues or flaws related to these online transactions. (3) Misuse, unauthorized access by another third party website/vendor, difficulty or inability for either party to utilize or access the entry form. (4) Inappropriate, incomplete, unauthorized or illegal use of the entry form and subsequential communication via phone/email by any party. (5) Incomplete and/or inaccurate information/data provided on these entry forms by the provider or participant. (6) Any error in processing, printing, storing, ineffective destruction or deletion of participant information on forms entries, and/or inaccurate delivery of material goods/services promised. This provider will not be held responsible or liable for damages whether indirect, direct, special, compensatory, consequential, incidental, exemplary or punitive suffered by participant(s). Participants agree to defend, indemnify and hold harmless this provider and it’s partners against any losses, risks, damages, fines, penalties, expenses, retaliation, negative reviews, claims, judgments and costs (including attorneys fees) incurred as a result of a breach, misuse of this agreement or any issues pertaining to faulty online transaction systems or product presentation. This provider reserves the right to deny access or service to anyone at any time, with or without cause.

12.6 Provider's Intent - The benevolent intention of this provider is to carry out every task as promised/advertised and outlined in this Friends and Family Day event.

12.7 By participating, recipients signify their irrevocable agreement to hold this provider, as well as its partners, free of all risk and liability in perpetuity.

12.8 Participants access and utilize event entry forms, provider websites and/or social media at their own risk and discretion. This provider does not accept responsibility for the accuracy of non-provider related websites, search engines, internet service providers and/or third-party organizations. This includes content, services, transactions, and information that has been performed, accessed or conducted in an effort to submit an entry form successfully. This provider disclaims and relinquishes any warranty or representation, implied or expressed as to any service or transaction and/or data, information and/or materials accessible on or through this provider.

12.9 Services, content and online transactions of this provider are available on an “as is” basis. Participants will not hold this provider nor it’s partners responsible or liable in the event of data loss by either party. This includes the deletion, omission, or modification of participant data caused by malicious means such as computer or smart phone viruses, spyware, code destructive properties or elements. This also includes faulty computer or smart phone systems (software/hardware) utilized by the participant or the provider and/or their third party partners. Participants will remain personally responsible to follow up and follow through with this event at their discretion to ensure a successful entry submission. Participants will be solely responsible to utilize appropriate and sufficient devices, mechanisms, procedures and software/hardware to meet these requirements.

12.10 Retroactive Liability

This release of liability will commence and produce effects during the time of (1) signing, (2) in the future, and (3) retroactively, from the first day of service contact.

12.11 Third-Party Merchants

This provider has enlisted the assistance of third parties for catering, marketing and event hosting. The organizers of this event nor it’s partners which include Archer Angels Family Services will not be held responsible for damage or physical harm resulting from a participant’s engagement in this event or failure to comply with the rules of the venue/staff.

12.12 The facility has been selected based on it’s ability to meet building/zoning codes as well as handicap accessibility that is appropriate for children/minors. Therefore, all liability pertaining to the experience of the event are covered by the liability insurance of the third party venue/site.

12.13 Physical Safety: Participants also agree to safe use of the designated location(s) and/or vehicles. It is the responsibility of Parent/Guardians to supervise and monitor all members of their family/group. Parent/Guardians are to command safe behavior and interaction others. This provider and third-party partners will not assume responsibility to supervise minors, as event obligations may not permit. By agreeing to these terms and proceeding to participate in this event, you the participant agree to hold this provider and it’s partners harmless as well as absolved from all risk, harm and liability.

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12.14 Provider's Non-Liability Acknowledgment

This provider doesn't accept liability for any risks associated with the appearance, performance, or long-term consequence(s) of the items/services delivered.

12.15 Release of Liability Conditions

Participants agree to release this provider of any liability or risk in the event of the following:

Service can't be delivered due to an outage and/or a natural disaster.

Adverse effects experienced by the participant or others if the item is defective upon or after receipt.

Unacceptable appearance or condition of the product upon receipt.

Inadequate packaging that may have been damaged during shipping.

Loss, theft , or damage of the item before or after delivery.

Replacement of the item with a different but similar model than initially promised.

It is a requirement that participants including winning recipients consent to the publication of their testimony and/or photo for this event. This provider will not be held responsible for risk or liability associated with the publicity of this event. To increase transparency, compliance with applicable laws and encourage an increase in consumer participation in services offered, this event will be publicized. Therefore, participation in this event is an indication that the recipient has freely consented to be utilized for all of the following: (1) social media (2) provider website (3) online reviews (4) News Broadcasting Stations (5) print (6) any other medium of publicity this provider finds to be appropriate to advance the mission of this organization. Through involvement in this event, all contestants automatically agree to (1) have their photo/video taken and publicized (2) allow the disclosure of their identity (3) leave a positive review and/or testimony of this provider. Participants release all liability and will hold this provider harmless including it’s partners if recognized by other participants, relatives and/or community members. Recipients selected for publication will be at this provider’s discretion.  Therefore, consent does not guarantee that all participants will be selected for this purpose. In the event that winners must redeem an service/item in a public setting, all participants agree to not and/or avoid disclosure of the identity of other participants or winning recipients. This provider will not be held responsible or liable for the disclosure of the identity of any participants if services, gifts/items are distributed in a public setting.

12.8 Provider and Partner Liability Disclaimers                       

This provider and its partners won't be liable or responsible to another third party or participant for various scenarios, including errors in online transactions, unauthorized access, incomplete or inappropriate use of the entry form, and inaccurate information on entry forms.

12.9 Damages Disclaimer

This provider won't be considered responsible for damages, whether indirect, direct, special, compensatory, consequential, incidental, exemplary, or punitive, suffered by participant(s).

12.10 Defense and Indemnification Participants agree to defend, indemnify, and hold harmless this provider and its partners against any losses, risks, damages, fines, penalties, expenses, counter, negative reviews, claims, judgments, and costs (including attorney's fees) incurred due to a breach, misuse of this agreement, or any issues regarding faulty online transaction systems or product delivery.

12.11 Right to Deny Access

This provider reserves the right to deny access or service to anyone at any time, regardless of the cause.

12.12 Social Media and Website Use at Own Risk

Participants use social media, provider websites, and/or entry forms at their own risk.

12.13 Non-Liability for Third-Party Websites

This provider doesn't accept liability for the accuracy of provider -related sites, or non-provider related search engines, or potentially third-party associations.

12.14 Warranty Disclaimers                  

This provider disclaims and waives any warranty or representation, implied or expressed, concerning any service or transaction or potential information, data, and additional materials available on or through this provider.

12.15 Technology System Responsibilities

In the event of either party losing data, participants will not hold this provider or its partners liable.

12.16 HIPAA Compliance Assurance                    

This provider has entered into BAA agreements with various software/tech companies that commit and ensure HIPAA compliance.

12.17 Consent for Publicity

It is a requirement that members, including winning beneficiaries, agree to the publication of their testimonial or potential photograph for this Friends and Family Day event.

12.18 Non-Liability for Publicity

This provider won't be held responsible for any risk or liability associated with the publicity of this event.

12.19 Consent Conditions for Publicity

This event will be made public to improve transparency, ensure compliance with applicable laws, and encourage increased customer participation in future services and events.

12.20 Participant Responsibility for Publicity

Through participation in this event, all participants automatically consent to various uses of their information for publicity purposes.

12.21 Identity Confidentiality Agreement

All participants agree not to reveal the identities of other participants or winners if winners are required to redeem an item in a public setting.

12.22 Public Setting Non-Liability

If gifts or other items are given out in a public setting, this provider will not be held liable for the identity of any participants.

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13. Assignment and Updates

13.1 Non-Transferable Agreement

Participants cannot assign this agreement to another party. Only this provider reserves the right to re-assign forfeited items or services to another participant who’s entry was received and qualified successfully. Participants agree to submit one online entry form for personal consideration. Recipients who are successfully selected to participate in this event are able to engage in the event at no charge.

Participants and all that learn of these event are authorized to view and submit online entries solely. This provider owns all contents and materials therein which include this event. This provider does not permit nor allow any other party to modify, sell or distribute any materials, graphics, or information therein or utilize for public or commercial purposes. This provider is to be contacted directly and in advance for written consent and authorization if necessary.

13.2 Provider's Reassignment Right

Only this provider maintains the right to re-allocate forfeited items to another participant whose entry was received successfully.

13.3 Single Entry Submission

Participants agree to submit one online entry form for individual consideration.

13.4 Fee-Free Redemption

Recipients who successfully redeem a gift, product, or service as per the rules will do so at no out of pocket cost to them..

13.5 Regifting or Selling

After delivery from this provider, recipients who redeem a gift or physical product as promised are free to re gift or sell the item.

13.6 Provider's Discretion for Modification

This provider reserves the sole discretion, regardless of notice, to change, correct, temporarily or permanently suspend the items/services promised in this event.

13.7 Authorized Online Entry Submission

Members and adults over the age of 18, who are competent and possess the capacity to give consent, are only permitted to view and submit entries and/or registration forms.

13.8 Intellectual Property Rights

This provider owns all items and materials protected by intellectual property regulations. This includes trademarks, copyrights, proprietary rights, and other intellectual property privileges.

13.9 Restrictions on Use

Individuals who learn of these event activities and this provider may not modify, sell, or distribute any materials, graphics, or information therein or use them for public or commercial purposes without prior written consent.

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14. Termination

14.1 Misconduct Disqualification

Any form of misconduct will disqualify a participant from participating in this event.

14.2 Provider's Termination Authority

This provider reserves the right to cancel/terminate this event and/or participant entry form(s) or access for any reason, at any time.

14.3 Participant Opt-Out Procedure

Participants may opt out as a member and/or this event by providing written notice to this provider.

14.4 Participant Acknowledgment

By electronically endorsing this entry form and by clicking the "Accept" box online, each participant individually acknowledges that they understand, agree, and consent to all the terms indicated above.

 

Any and all forms of misconduct will be grounds for disqualification of a participant’s involvement in this event. This provider reserves the right to terminate this event and/or a participant’s entry form as well as access with or without cause, at anytime. Participants may opt-out of this event by providing written notice to this provider.