SPARK SPONSOR TERMS OF USE

Last Updated: 1/28/2025

These Terms of Use (“Terms”) apply to:

  1. Any and all websites owned and/or operated by Spark Sponsor, Inc. (including, without limitation, the website on which these Terms are posted), its subsidiary or affiliate entities, mobile versions thereof, and any social networking service pages or applications (collectively, the “Site”).

  2. Any and all services, features, and offerings available on or through the Site (the “Services”).

By accessing or using the Site, you expressly agree to comply with and be bound by these Terms, our Privacy Policy (located at sparksponsor.com/privacy), and any other policies, rules, or guidelines that may be applicable to the Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. “You” or “your” refers to you, a user of the Site, or a parent or legal guardian (over the age of 18) if the user is a minor in his or her state of residence.

Spark Sponsor may revise these Terms at any time. Any changes take effect immediately upon notice, which may be provided by posting a revised version on the Site or by other appropriate means. Your continued use of the Site indicates your acceptance of any such changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top. If we make material changes, we will endeavor to notify you in advance by highlighting the change on the Site or by sending an email to the address you provided upon registration.

In the event of a conflict between these Terms and any Additional Terms for a particular event, class, membership, contest, or activity (“Event”) for which you register or purchase, the Additional Terms shall govern. These Terms remain in effect as long as you use the Site and, in the event of termination of any membership, service, or feature, you will still be bound by any indemnification, warranties, and limitations of liability outlined in these Terms.

1. Eligibility

By using or attempting to use the Site, you certify that:

  • You are at least 13 years of age (if a U.S. resident) and have the permission of a parent or guardian if you are under 13, or

  • You are at least 18 years of age if you are not a U.S. resident (and have guardian consent if under 18), and

  • You are not barred from receiving Services under U.S. laws or other applicable jurisdiction.

If you do not meet these requirements or do not agree to these Terms, stop using the Site immediately.

2. Registration

You may browse certain areas of the Site without registering. However, to access certain features, you may need to create an account (“registration”). You are responsible for maintaining the confidentiality of your username and password. You agree not to:

  • Impersonate another person or use a username you are not authorized to use.

  • Provide false or incomplete information during registration.

  • Transfer your account to anyone without our permission.

You will notify Spark Sponsor immediately if you suspect unauthorized use of your account. Spark Sponsor is not liable for losses due to unauthorized use of your registration. Your registration data and other information are governed by our Privacy Policy.

3. Virtual Swag Bag & Sponsor Promotions

3.1 Description of Virtual Swag Bag

Spark Sponsor may offer a “Virtual Swag Bag” as part of the Services, which can include discount codes, giveaways, raffles, sweepstakes, or other promotions (“Promotions”) from various sponsors (collectively, “Sponsor Offers”). These Sponsor Offers may be available to in-person event attendees as well as virtual participants.

3.2 User Opt-In & Data Collection

  • Opt-In: To claim or unlock certain Sponsor Offers (e.g., a raffle entry, discount code, giveaway registration), you may be required to provide personal information such as your name, email address, or other contact details.

  • Data Security: Spark Sponsor will store and handle any data you provide for Sponsor Offers in accordance with our Privacy Policy. We take reasonable measures to protect your information from unauthorized access or disclosure.

  • Sharing with Sponsors: By opting in or providing your email address (or other data) to unlock a Sponsor Offer, you acknowledge that your information may be shared with the sponsoring brand or entity, subject to your consent and any privacy disclosures presented at the time of opt-in. Once transferred, that sponsor’s use of your information is governed by their own privacy policies.

3.3 Sponsor Offer Terms

  • Additional Terms: Individual offers (including giveaways, sweepstakes, and discount codes) may be subject to Additional Terms provided by the sponsor or required by applicable law.

  • No Guarantee: Spark Sponsor does not guarantee the availability, value, or outcome of any Sponsor Offer. Any disputes about Sponsor Offers must be directed to the sponsoring entity.

  • Compliance: You agree to comply with all applicable laws and regulations, including sweepstakes or raffle laws if you participate in any Sponsor Offer.

3.4 Prize Tax Liability

By participating in any sweepstakes, raffle, or giveaway facilitated through Spark Sponsor, entrants acknowledge and agree to the following tax responsibilities:

  1. Taxable Income: Prizes awarded through Spark Sponsor may be considered taxable income by the Internal Revenue Service (IRS) and other tax authorities. Winners are solely responsible for reporting and paying any applicable federal, state, and local taxes.

  2. 1099-MISC Issuance: If the total value of a prize awarded to a U.S. winner is $600 or more, the sponsor providing the prize may be required to issue a Form 1099-MISC for tax reporting purposes. Winners must provide any necessary tax documentation, including a completed IRS Form W-9, to receive the prize.

  3. Fair Market Value (FMV): The taxable amount is based on the fair market value (FMV) of the prize, as determined by the sponsor. The sponsor is responsible for communicating this value to the winner and reporting it if required by law.

  4. Responsibility for Taxes: Spark Sponsor does not assume any tax liability on behalf of winners or sponsors. All tax-related obligations, including tax withholding, reporting, and payment, are the responsibility of the prize recipient and the sponsor offering the prize.

  5. Non-U.S. Winners: International winners are subject to the tax laws of their respective countries and may be required to comply with additional reporting requirements. It is the winner’s responsibility to determine and fulfill any applicable tax obligations.

  6. Limitation of Liability: Spark Sponsor is a platform that facilitates sweepstakes, raffles, and giveaways but is not responsible for any tax implications, legal requirements, or financial consequences resulting from prize winnings. Spark Sponsor makes no guarantees regarding tax compliance and will not be held liable for any penalties, disputes, or financial burdens incurred by sponsors or winners.

  7. Acceptance of Terms: By entering a raffle, sweepstakes, or giveaway through Spark Sponsor, entrants agree to these terms and acknowledge that failing to comply with tax requirements may result in forfeiture of the prize. Sponsors and winners agree to hold Spark Sponsor harmless from any claims, liabilities, or damages related to tax obligations.

3.5 Alcohol Promotions

By participating in any promotion involving alcoholic beverages facilitated through Spark Sponsor, you acknowledge and agree to the following terms and conditions:

  1. Age Requirement (21+ Only)
    This promotion is available exclusively to individuals who are 21 years of age or older. A valid government-issued photo ID must be presented at the time of redemption to verify age.

  2. Licensed Vendor Distribution
    Alcoholic beverages associated with this promotion are provided solely by a licensed vendor at the event. Spark Sponsor and the alcohol brand do not directly distribute, serve, or sell alcohol.

  3. Compliance with Local Laws
    This promotion is subject to Alcoholic Beverage Control (ABC) laws and all applicable federal, state, and local regulations. The participating vendor is responsible for enforcing all alcohol service laws, including the right to refuse service to any individual as required by law.

  4. No Purchase Necessary
    Participation in this promotion does not require a purchase. This offer is provided free of charge and is not contingent upon any financial transaction.

  5. Venue & Event Organizer Approval
    This promotion is subject to approval by the event organizers and the venue’s liquor license holder. Additional restrictions may apply based on venue policies, local regulations, or sponsor requirements.

  6. Responsible Consumption
    Participants are encouraged to drink responsibly. The licensed vendor reserves the right to refuse service to any individual at their sole discretion, including for reasons of intoxication or failure to comply with applicable laws.

  7. Limitation of Liability
    Spark Sponsor is a third-party platform facilitating this promotion and assumes no liability for any issues related to the redemption, service, or consumption of alcoholic beverages. Participants agree to release Spark Sponsor from any claims, damages, or liabilities arising from their participation in this promotion.

  8. Acceptance of Terms
    By participating in this promotion, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Violation of any of these terms may result in forfeiture of the promotion without notice.

4. License & Restrictions on Use

Spark Sponsor grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services solely for your personal, non-commercial use and to register for or interact with Events listed on the Site. You agree not to:

  • Reproduce, distribute, modify, create derivative works of, publicly perform, or display any content on the Site without express permission.

  • Circumvent any security or technical measure on the Site.

  • Use the Site or Services for any unlawful purpose.

  • Attempt to gain unauthorized access to any part of the Site or Services.

All rights not expressly granted herein are reserved by Spark Sponsor. The Site, its software, databases, code, and content are owned by Spark Sponsor or its licensors and are protected under applicable intellectual property laws.

5. Code of Conduct

You agree not to, directly or indirectly:

  • Upload or transmit any content you do not have a right to make available under law or contractual or fiduciary relationships.

  • Upload or transmit content that infringes upon intellectual property or other proprietary rights of any party.

  • Restrict or inhibit others from using the Site.

  • Impersonate any person or entity.

  • Post, transmit, or make available any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

  • Violate any local, state, national, or international law or regulation.

  • Introduce viruses, worms, or any other harmful code.

  • Use any robot, spider, or other automated device to scrape or index the Site without express permission.

  • Engage in spamming or flooding.

  • Stalk, harass, or harm another individual.

Spark Sponsor may monitor and remove any content violating these Terms or deemed otherwise objectionable at its sole discretion.

6. Ownership of User Content & Submissions

“User Content” refers to any text, images, audio, video, or other material you post or submit to the Site. By submitting or posting User Content:

  • You grant Spark Sponsor a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use, display, reproduce, distribute, modify, and otherwise exploit your User Content for any purpose in any media.

  • You represent that you have all necessary rights to grant the above license.

  • You agree that Spark Sponsor has no obligation to pay you for the use of your User Content.

  • You waive any moral rights you may have in your User Content.

7. Purchases, Transactions & Fees

If you purchase products or register for Events through the Site, you agree to:

  • Provide accurate payment and registration information.

  • Pay all charges incurred by you or users of your account, including applicable taxes.

  • Comply with any Additional Terms related to specific Events or transactions.

  • Direct any refund requests to the Event organizer unless otherwise stated by Spark Sponsor.

  • Acknowledge that Spark Sponsor is not responsible for the actions of Event organizers, including cancellations or inaccuracies in Event listings.

We reserve the right to modify fees or change billing methods upon notice. Spark Sponsor may refuse or cancel any transaction at its discretion.

8. Disclaimers

The Site, Services, and all materials provided by Spark Sponsor are offered “as is” and “as available,” without warranties of any kind, express or implied. Spark Sponsor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Spark Sponsor does not guarantee uninterrupted or error-free use of the Site or Services, nor the accuracy or completeness of any content. Your use of the Site is at your own risk. Spark Sponsor is not responsible for any damage to your computer system or loss of data that results from the download of any material from the Site.

9. Limitation of Liability

To the maximum extent permitted by law, Spark Sponsor and its affiliates, officers, employees, or agents will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including but not limited to lost profits, data, or goodwill) arising out of or related to your use of the Site or Services, even if advised of the possibility of such damages. In no event shall Spark Sponsor’s total liability exceed one hundred U.S. dollars ($100) or the total amount of monies received from you by Spark Sponsor in connection with your use of the Site or Services, whichever is greater.

10. Indemnification

You agree to indemnify and hold harmless Spark Sponsor and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and fees (including reasonable attorneys’ fees) arising from or related to (a) your use or misuse of the Site; (b) your breach of these Terms; (c) your violation of any applicable laws or regulations.

11. Termination

Spark Sponsor may suspend or terminate your access to the Site or Services at any time and for any reason, including any breach of these Terms. Upon termination, your right to use the Site and Services ceases immediately. Spark Sponsor will have no liability for any termination of your access.

12. Arbitration & Dispute Resolution

(For U.S. Users)
Any dispute arising from or relating to these Terms or the Site will be resolved by binding arbitration under the rules of the American Arbitration Association (“AAA”) in the county where you reside. By using the Site, you waive your right to a jury trial or to participate in a class action. You may bring claims on an individual basis only.

This arbitration provision shall survive any termination of these Terms. If you do not agree to this arbitration clause, you must stop using the Site.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Company’s State of Incorporation or Operation], without regard to its conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within that state.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, located at sparksponsor.com/privacy. By using the Site, you acknowledge you have read, understood, and agree to be bound by our Privacy Policy.

  • Data Security: We take reasonable measures to secure all personal information provided, including information related to the Virtual Swag Bag. However, no system is completely foolproof. You acknowledge that any transmission of data is at your own risk.

15. Miscellaneous

  • Entire Agreement: These Terms (along with any Additional Terms, privacy policies, and guidelines posted on the Site) constitute the entire agreement between you and Spark Sponsor regarding the use of the Site and Services.

  • Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force.

  • No Waiver: Spark Sponsor’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  • Assignment: Spark Sponsor may assign its rights and obligations under these Terms without notice. You may not assign your rights or obligations without our written consent.

  • Contact Us: For questions about these Terms, please email us at info@sparksponsor.com.

Thank you for using Spark Sponsor! We appreciate your compliance with these Terms and look forward to helping you connect with events, sponsors, and participants. If you have any questions or concerns, please contact us at the email above.