Terms and

Conditions

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

We ask you to read these Terms and Conditions carefully, taking into account that it contains information about your rights and obligations. So that, by accessing this website, you will be accepting the content of these Terms and Conditions and knowledge of the scope indicated here; likewise, we reserve the right to update and/or modify the Terms and Conditions, making a timely communication through the website www.toamunited.org and indicating the date on which these terms will come into force. For this reason we recommend reading this section.

1. COMPANY INFORMATION

Company name: CORPORACIÓN TOAM

Tax Identification Number: 901.508.397

Address: Bogotá D.C.

Notifications: Carrera 14 No. 103-53 Apartment 102

E-mail address: info@toamunited.org

Telephone: +57311869901, which will be available from Monday to Friday from 8am to 6pm.

The web page is entirely managed by CORPORACIÓN TOAM, therefore, when entering the page, the Users are directly related to CORPORACIÓN TOAM, who is the company in charge of carrying out all activities related to the web page and the activities carried out through it and/or through the means of communication provided for such purpose.

2. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions shall be taken into account, regardless of whether they are used in singular or plural:

Activity:

work or task carried out by foundations or other non-profit organizations sporadically for les tan one year.

Beneficiary:

They are foundations or other non-profit organizations registered in the CORPORACION TOAM platform with the purpose of incorporating and/or entering an Activity or campaing, on which they present the need for collection.

Benefactor:

It is the person who donates the donations for the Campaign, in order to support an activity and/or Programo n which they presente the need for collection, thorugh the campaign.

Campaign:

A promotional activity developed by CORPORACIÓN TOAM to encourage donation to the Project.

Particular Conditions of Activities:

Means the conditions that apply to each specific Project. The conditions include, but are not limited to, description of the campaign, sweepstakes, product or service object of the sweepstakes, amount, donation value to participate, incentives, delivery time, deadline to participate in the campaign and the form of payment through the web platform. 

Cookies:

Means data files that are stored on the hard drive of the User’s computer when the User accesses the Portal.

Contents:

Means, without limitation, all texts, images, audiograms, videograms, graphics, brands and designs (as well as all its improvements, supplements, updates, revisions and/or corrections) and in the generation of strategies that allow developing a precise communication and taking advantage of the resources offered by the industrial monitors.

Contract:

Means the present Terms and Conditions of Use with respect to the page, as the same may be modified, added or supplemented, from time to time.

Donors:

Any person who uses the Platform with the purpose of being enabled and having the possibility of making monetary contributions to the Activities published by CORPORACION TOAM.

Donations:

It will be the contributions of money or donations made through the Platform, the donors, for the development of the Activities.

Incentives:

Non-monetary incentives offered to donors to participate in the campaigns and / or projects of the platform.

Website:

Means the e-commerce portal operated by CORPORACION TOAM.

Products:

Means, collectively, any product that is offered to the User through the Website. 

Project:

Document registered by the Foundation or other non-profit organization to CORPORACIÓN TOAM, where the Activity or Program that requires financial resources to be able to support its target population is described. 

Program:

work or task carried out by foundations and other non-profit organizations on a continuous basis during a period of time, which is one year or more.

Collection Period:

Shall be the term that a campaign will have for the collection of resources or contributions. Each Campaign will have a period of collection of 3 months, however, that period may be modified by CORPORACION TOAM according to the fulfillment of collection goals, which will be disclosed in its specific Terms and Conditions. 

Payment Processor and/or Payment Gateway:

CORPORACION TOAM is not a payment processor and does not hold funds. Instead, it uses third parties payment processors to process Donations for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is an integral part of the Services and that we exchange information with Payment Processors to facilitate the provision of the Services.

User:

Means any person who accesses the Website in his or her capacity as an end user, for the purpose of participating in the activities provided on the Platform.

3. WHO WE ARE

We are a non-profit organization whose objective is to raise funds in order to give them to foundations and/or other non-profit organizations. So that these in turn with these funds, can develop their programs and activities, which can benefit thousands of people. To achieve this goal, we seek to create awareness to a new generation of donors to whom we give the opportunity to dream big and participate in unique raffles while helping to make the world a better place.
We formulate, execute and support activities, projects, Campaigns and processes whose purpose is to benefit one or more communities or non-profit organizations that already have Projects that are aligned with our objectives.

3.1 ACCESS AND USE

Description of the Website Services: The Website functions as a platform to allow CORPORACION TOAM or a non-profit organization to post a Campaign on the Platform to accept monetary payment of Donations from Donors. Neither CORPORACION TOAM. the Benefactor or the Beneficiary, nor the Campaign will provide goods or services in exchange for Donations except for incentives that are offered for participating in such campaigns.

3.2 CONTENTS

– Charitable programs and activities of allied non-profit organizations.
– Donor incentives.
– Other.

4. ACCEPTANCE OF TERMS AND CONDITIONS.

The User or client that enters the web page will do so under his own initiative and responsibility, therefore, accepts that at the moment the “Terms and Conditions” published in this site and all operations and contents will be regulated in accordance with the applicable Colombian laws. Likewise, and as it appears explicitly in the particular conditions, these Terms and Conditions have the same scope for participation in programs, activities and / or campaigns advertised on the website www.toamunited.org. Likewise, it shall apply to payments/donations made through the different means available for this purpose. Therefore, by making a payment or donation, the User acknowledges having read and understood these “Terms and Conditions” and therefore assumes the obligation to respect all the content expressed in them, since their contractual and/or commercial relationship will be governed by them. Therefore, if the user does not agree with these Terms and Conditions, we respectfully request that he/she refrain from participating, making payments, donations and/or entering into any type of contractual relationship with us.

5. INTELLECTUAL PROPERTY RESTRICTIONS

All computer, advertising, multimedia, audiovisual material, website design, graphic design, logos, texts, illustrations, images, photographs, among others and all intellectual property rights regarding the products, services and contents, distinctive signs and domains provided through, contained in or related to the website, as well as the rights of use and exploitation thereof, including, but not limited to, their disclosure, modification, transmission, publication, sale or commercialization, reproduction and/or distribution are exclusive property of CORPORACIÓN TOAM. The User does not acquire any intellectual property right by the mere use of the products, services and contents of the web page and at no time shall such use be considered as an authorization or license to use the products, services and contents for purposes other than those expressly provided for in these Terms and Conditions. Consequently, the User shall in no case be entitled to create new versions, distribute, exhibit or in any way exploit any of the Contents displayed through the website and which are the exclusive property of the company.

6. PROJECTS, DONATIONS, SPONSORS OR BENEFACTORS AND INCENTIVES

The projects listed in the platform of www.toamunited.org will be exclusively projects or campaigns that seek the collection of resources for charitable purposes, projects that may be CORPORACION TOAM’s own or from benefactors with purposes related to CORPORACION TOAM.
Users of the web platform will participate as follows:
Donors: They may make contributions for the development of the programs and/or campaigns announced in the web platform, which may be CORPORACION TOAM’s own or from other specified non-profit organizations. When making contributions, they will have as an incentive the opportunity to participate in the raffle of different Campaigns and/or activities, services and/or products.
Beneficiary: Foundations or other non-profit organizations have the opportunity to obtain resources for the development of their activities for which they must provide CORPORACIÓN TOAM with a description of a Project or campaign, which will be audited by the corporation at the time of the execution of the resources.
Benefactor sor Sponsors: Those who wish to be linked to programs, projects, campaigns and/or activities may obtain donation certificates issued by CORPORACIÓN TOAM, in addition to advertising in all the pieces developed for the campaign. Advertising benefits will be agreed between CORPORACIÓN TOAM and the respective sponsor by mutual agreement.

6.1 INCENTIVES

Donor Users and/or contributors will be eligible to participate in the incentives offered, which may include:

– Contests, coupons and raffles;

CORPORACIÓN TOAM will not admit incentives or activities related to the following:

– Games of chance, online gambling or any other activity that includes an admission price and a prize;

– Offensive material (e.g. verbal incitement to hatred or violence, etc.);

– Offering financial, payment processing or credit services; financial intermediaries or instruments equivalent to a monetary value; travel services (e.g. vacation packages); telephone services (e.g. prepaid telephone services);

– Fundraising for political campaigns;

– Project sor Campaigns that the Company believes promote discrimination, intolerance or aggression towards marginalized groups;

– Drugs, alcohol, nicotine, tobacco, vaporizers and related paraphernalia;

– Weapons, replica weapons and weapon accessories;

– Activities with, in, or involving countries, regions, governments, persons or entities that are subject to U.S. sanctions and other economic sanctions under applicable law;

– Any activity that the Company believes is or may be related to money laundering, terrorist financing activities and proliferation of weapons of mass destruction (ML/TF/ WMD);

– Any other activity that the Company considers in its sole discretion to be unacceptable and/or contrary to the Colombian legal system; and

– It is not allowed to offer any goods or services in exchange for a Donation on the platform.

In addition to the above, CORPORACIÓN TOAM reserves the exclusive and discretionary right not to admit the publication of projects presented by beneficiaries or benefactors on the Platform, with the understanding that it will not be necessary to provide a support or reason for the non-admission of the Activity.

In each Campaign or Project CORPORACIÓN TOAM will establish at least the following information regarding incentives:

– Identification of the incentive being offered indicating its quantity and quality.

– Conditions of time, mode, place and any other requirement to access the Campaign and/or project.

– Requirements and conditions for its delivery in case of being the winner, such as if it is not cumulative with other incentives, if the amount per person is limited, etc.

– Deadline for the collection period of the Campaign and/or project, indicating the exact date of initiation and termination of the Campaign and/or project.

– Expenses, discounts, withholdings, taxes, deductions and, in general, the costs to be paid by the consumer for the delivery of the incentive, if applicable.

7. USER REGISTRATION

User registration will be done through the web page www.toamunited.org, where the following information will be required:
– Full name;
– e-mail; and
– Land line number or mobile number.
The User’s personal information is processed and stored in servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information about privacy and/or the treatment of personal data, you can consult our Privacy Policy available at: ____________
Both the Registered User’s account and its security key are personal and non-transferable. The Registered User undertakes to keep his/her security password strictly confidential. The Registered User will be, in any case, responsible for any damage, damage, injury or detriment that the breach of this obligation of confidentiality is generated by any cause.
As it has been expressed, the User is solely responsible for preserving the confidentiality of his password and account, if any, and fully responsible for each of the activities carried out with the same. You agree to: (a) immediately notify CORPORACIÓN TOAM of any unauthorized use of your password or account, or any other breach of security, (b) log out of the account at the end of each session when accessing the Services. CORPORACIÓN TOAM accepts no legal responsibility for any loss or damage arising from your failure to comply with the provisions of this paragraph.

7.1 ACCESS AND DONATION PROCESS

Donors who choose to contribute to the different campaigns or projects advertised on the website, must make the respective payment through the payment buttons provided in each specific activity-campaign or go and pay directly through one of its allies such as: APOSTAR or MERCADOPAGO, among others in accordance with the provisions of title nine of this Terms and Conditions. Once the payment has been made and verified by the third party payment processor, a confirmation email will be sent by ____________.

Once the contribution is received CORPORACIÓN TOAM and according to the particular conditions of each activity-campaign, will issue an email containing a coupon representing the respective incentive for the activity-campaign for which the contribution was made. This coupon will again indicate the particular conditions of the campaign, description of the incentive, conditions of the draw (if it is a draw), description of prizes, campaign activity deadlines, collection period, and deadlines for delivery of the prize in case of obtaining it. 

In the case of beneficiary-owned projects or campaigns, administrative and operational costs and payment processing fees will be deducted from the contributions, as well as the costs, commissions, administrative expenses incurred by TOAM in order to raise the money for the Campaing or Project..

TOAM’s website (www.toam.org) (the “Website”) allows almost anyone (see restrictions below) to participate in a raffle hosted on the Website (each a “Campaign and/or Project”).

All entries in a Campaign and/or Project have an equal chance of winning.  Each Campaign and/or project will be governed by these Terms and Conditions and its own additional terms and conditions specific to the Campaign and/or project(the “Campaign and/or project Rules”). However, if there is a conflict or inconsistency between these Terms and Conditions and the particular Terms and Conditions, the particular Terms and Conditions will prevail.

To be eligible to enter a Campaign and/or proect or receive the prizes identified on each Campaign and/or project web page (each a “Prize”), the Participant must fully comply with the general Terms and Conditions and the Particular Terms and Conditions of the Campaign and/or project. 

  1. Eligibility : Unless otherwise provided in the Particular Terms and Conditions of each Campaign and/or project, the Campaigns and/or projects are only open to persons who: (i) are at least 18 years of age or older at the time of entry; and (ii) are NOT in one or more of the “Prohibited Persons” categories listed in Section (A), described below. Any entry submitted by any Ineligible Person will not be counted.

(A) Prohibited Persons. The following persons are ineligible to participate or win in any Campaign and/or project: 

(i) Employees, officers and/or directors of any of the following (collectively, the “Campaign and/or projects Beneficiaries”): (a) CORPORACIÓN TOAM; (b) Foundations, Benefactors or Beneficiaries for whom the Campaigns and/or projects are executed, (c) any contractor or other partner of CORPORACIÓN TOAM who is engaged in marketing and/or promoting one or more Campaigns and/or projects, or who is involved in the development, testing, administration and/or fulfillment of any Campaign and/or project, including, without limitation, prize provider partners. 

(ii) Members of the immediate family of Campaign and/or project Beneficiaries (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household as Campaign and/or project Beneficiaries (whether or not related) are ineligible to enter or win.

(iii) People who have won within the 6 months immediately pior to the date of the current Campaign or Project.

7.2. HOW TO PARTICIPATE

Each Campaign and/or project will have a start date and time and an end date and time (the “Participation Period”) specified in the Campaign and/or project Particular Conditions.  CORPORACIÓN TOAM must receive all registrations and donation payments by the end date/time of the Registration Period to be valid. CORPORACIÓN TOAM will be the official timekeeper for all Campaigns and/or projects. 

(A) Campaigns and/or projects with prizes. All Campaigns and/or projects will participate as follows:

(i) Donation Related Entries . Visit the website, click on “Enter Now” on the Campaign and/or project webpage.  Then, make a donation by choosing a donation amount and following the instructions to provide your name, contact and payment information. Once the donation is received by CORPORACIÓN TOAM, the donor will automatically receive the entries or coupon and will be entered for a chance to win the prize being drawn at the Campaign and/or project. The number of entries awarded may correspond to the peso value of the donation, as specified on the Campaign and/or Activity web page. Individuals may donate as many times as they wish, but for each Campaign and/or project, an Entrant is limited to the applicable maximum Entry Limit. For any Campaign or Project there will be only 4000 tickets for each Donor or  a cash investment per Donor of COP$4.000.000, that is, one ticket per COP$1000. (as defined below). 

(B) Entry Limitations and Restrictions: Only complete entries submitted during the Entry Period, with donation payments made and received by CORPORACIÓN TOAM are eligible. Any incomplete, illegible, corrupt or late entries are also void and ineligible to win. To receive valid entries, at the time of submission, the Entrant must provide the requested registration information and valid email address for which the Entrant is the authorized account holder. The “authorized account holder” is the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners and/or winners (as those terms are defined below) may be required to prove that they are the authorized account holder. Any entries linked to an invalid, inactive or non-functioning email or ID number, or linked to an authorized account holder other than the Entrant, are void and are not eligible to win. CORPORATION TOAM is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically damaged or distorted entries, or for other submission problems of any kind, whether mechanical, human or electronic, all of which are void and ineligible to win. In addition, TOAM CORPORATION is not responsible for any telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn and will not be eligible to win.  

7.3 CONDITIONS OF ENTRY AND RELEASE

As a condition of entering any Campaign and/or project, Participant will expressly: 

(A) Grant consent to receive information or promotional materials from CORPORACIÓN TOAM, or any of the other Campaign and/or Project Partners, by email, telephone, WhatsApp, mail and/or any means of communication used by CORPORACIÓN TOAM; 

(B) Declares and warrants that it agrees to be bound by these Terms and Conditions and the decisions of CORPORACION TOAM, which shall be binding and final in all matters relating to each Campaign and/or Project; 

(C) Exonerates the beneficiaries and CORPORACION TOAM from any liability, loss, damage or expense arising from an improper use of any Prize.

In any case, personal data will be treated according to our Privacy Policy contained in: _________________

7.4. WINNER DRAWINGS

Potential winners of a Campaign and/or Project (the ” potential winner “) will be randomly selected from among all eligible entries received. The drawing will occur at or around the end of the Entry Period or as specified in the applicable Campaign and/or Project specific rules.  The closing day o the registration period will not be necessarily the same date of the draw. CORPORATION TOAM, may as its discretion, choose a later day or the day of the draw.  CORPORACIÓN TOAM will conduct the drawing and award the prize. Once confirmed and verified, the winner of the Campaign and/or Project is referred to herein as the “Winner”. Odds of winning depend on the number of eligible entries received during the Entry Period. 

7.5. PRIZE WINNER NOTIFICATION PROCESS

Potential winners will be contacted using the email address used to enter the Campaign and/or project. Potential Winners must respond to the initial winner notification email within 48 hours after it is sent or within some other time period indicated in the official winner notification email. If a potential Winner does not respond to the notification email within the stated time period, the potential Winner may be disqualified and, in such cases, will forfeit the right to claim any of the Prizes. Potential Winners may be named, tagged or otherwise identified on the CORPORACIÓN TOAM website, other Sponsors’ promotional materials and/or on CORPORACIÓN TOAM social media pages. Potential winners may object to this by sending an email to info@toamclub.org

7. 6. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS

A potential winner will only be confirmed as the winner eligible to receive the prize after the recipient has completed verification of the potential winner’s eligibility to win and has confirmed compliance with the terms of these Terms and Conditions, as well as the particular Terms and Conditions of each Campaign and/or Project(A verified and confirmed potential winner is referred to herein as ” Winner”). Winners must be willing and able to claim and/or accept the prizes in full within the period specified by CORPORACION TOAM. 

Potential winners are subject to confirmation and verification by the beneficiary, by whatever means the beneficiary deems appropriate.  To be verified and confirmed, a potential Winner and the potential Winner’s guests, if applicable, must comply with all terms and conditions of these Terms and Conditions and comply with all Particular Conditions of the Campaign and/or Project.  The decisions of CORPORATION TOAM are final and binding in all matters relating to the administration, operation, raffles, sweepstakes, verification of the Winner and all matters relating to a Campaign and/or project.  In addition to all other requirements set forth in these Terms and Conditions. 

7.7 DISQUALIFICATION OF PRIZE WINNER

A winner will be disqualified when:

  1. Has acted in an unpleasant, threatening, abusive or harassing manner at any time prior to or during the awarding of the prize;
  2. Winner’s inability to accept the Prizes in a timely manner for any reason and;
  3. the inability of CORPORACION TOAM to timely award the Prizes or fulfill the Prizes due to circumstances beyond CORPORACION TOAM’s reasonable control, including legal restrictions, act of God and/or force majeure.
  4. For having won within the immediately preceding 6 months 

If a Potential Winner or Winner is determined to be ineligible and/or disqualified, an alternate Potential Winner may be selected at random from among the remaining eligible entries. Any alternate Potential Winner will be notified according to the procedures outlined in the Terms and Conditions (time permitting). CORPORATION TOAM reserves the right to modify the Winner notification and/or confirmation and verification procedures related to the drawing of an alternate Potential Winner, if any. 

If a Winner chooses to forfeit or forfeit some or all of the Prizes and/or chooses not to appear within the times specified by CORPORACION TOAM to claim the prize, CORPORACION TOAM shall have no obligation to award the forfeited or unclaimed portion of the Prizes to an alternate winner. 

7.8. PRIZES

Subject to the restrictions expressly set forth in the Terms and Conditions, Winners will receive the Prizes identified on each Campaign and/or project web page (each a “Prize”). CORPORATION TOAM will solely determine the details of all elements of all Prizes (including the timing of Prize fulfillment and travel options, if applicable).  Winners are responsible for ensuring that they accept the Prize in a timely and complete manner at the locations specified for the Prize and within the specified Prize fulfillment period. 

Unless otherwise stated in the Particular Terms and Conditions of each Campaign and/or project, Winners are solely responsible for all taxes, costs and fees associated with the receipt, ownership and/or use of the Prize.  

All Winners have the right to refuse to accept any Prize they may receive and, in such cases, will be deemed to have forfeited the Prize. If the winner is deemed to have forfeited a prize, in whole or in part, the winner will not be entitled to any alternate prize or other compensation of any kind. 

Certain types of prizes may have other restrictions or limitations, including but not limited to the following, unless otherwise specified in the particular Campaign and/or Project Terms and Conditions:

(A) Prizes that include a travel component:

For all travel prizes, you must travel on the dates and itinerary specified by CORPORACION TOAM. Any airfare included is coach class. All hotel accommodations are standard class, double occupancy, unless otherwise specified. Winner and Winner’s guests, if applicable, must travel on the same itinerary, unless otherwise approved by CORPORACION TOAM in its sole and absolute discretion. Lost or stolen tickets, travel vouchers or certificates or similar items will not be replaced once in your possession. Any and all expenses not specified in the Particular Terms and Conditions of the Campaign and/or Activity, including but not limited to checked baggage fees, meals and gratuities, transfers and ground transportation, are the sole responsibility of the Winner and the Winner’s guests. Travel and accommodations are subject to availability; certain additional restrictions and blackout dates may apply. If specific dates for travel are indicated, and the Winner is unable to travel on those specified dates, the Prize will be forfeited and may be awarded to an alternate Winner selected at random from all remaining valid entries if so defined by CORPORACION TOAM. In such cases, the forfeiting Winner will not be entitled to any alternate prize or compensation of any kind. Winner and Winner’s guests, if applicable, are responsible for all required travel documentation and identification, including, but not limited to, and as applicable, any passport or visa, as well as complying with any other requirements to enter the applicable destination.  Winner’s guests must be of legal age of majority in the state, province or territory in which they reside, or the winner accompanying them must be their parent or legal guardian, unless otherwise specified in the Particular Terms and Conditions of each applicable Campaign and/or project. If, in TOAM’s judgment, air travel is not necessary due to the Winner’s proximity to the location of the Prize, CORPORACIÓN TOAM may provide ground transportation as a substitute for air transportation

(B) Prizes that include winning a car or other vehicle:

The prize winning vehicle is not eligible for any cash rebate program. CORPORACION TOAM will determine the interior/exterior colors of the vehicle at its sole discretion. Winner will be responsible for the mobilization of the vehicle and must receive the vehicle at a location specified by CORPORACION TOAM. For any Prize vehicle, neither TOAM CORPORATION, nor the Benefactor o Beneficiaries, have made or are responsible for any warranty (whether statutory or extended warranty), regarding the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. However, the Prize vehicle may include the manufacturer’s or supplier’s standard vehicle warranty, as stated in the respective vehicle manuals and in the Particular Terms and Conditions of the Campaign and/or Project.  The prize will be delivered only in Colombian territory, regardless of the place of registration, it will be delivered in the place specified by CORPORACIÓN TOAM.  To be eligible for the prize, the winning customer must be in good standing for fines and summons before the corresponding traffic agencies. The winning client must assume the expenses and costs of registration, SOAT and other expenses that are mandatory to register the vehicle in his name.

(C) Prizes that include attending an event:

Tickets and seats are subject to availability. In the event the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of CORPORACION TOAM. If the event is cancelled for any reason, the remainder of the prize, if any, will be provided without the scheduled event. CORPORACIÓN TOAM may substitute an alternate Prize of equal or greater value at its sole discretion. Winner’s guests must be 18 years of age or older, unless otherwise specified in the Terms and Conditions of each applicable Campaign and/or Project. 

(D) Prizes that include meet and greet:

The meet and greet prize is subject to availability. In the event the person is unavailable, the remainder of the Prize, if any, will be awarded without the meet and greet portion and/or CORPORACION TOAM may substitute an alternate Prize of equal or greater value at its sole discretion.

(E) Prizes Involving Participation in a Physical Event:

CORPORACIÓN TOAM may require Winner and Winner’s guests, if applicable, to be examined by a physician or other appropriate medical professional prior to participating in the event. CORPORACIÓN TOAM and/or the Campaign and/or Project Beneficiaries or Benefactors reserve the right to refuse participation in the event to any Winner or Winner’s guest(s), if applicable, if the individual is deemed to be unfit, is in a condition that places him/her at risk, acts in an unsafe manner, does not meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the participant’s health) or for any other reason as determined by Sponsor in its reasonable discretion. In such circumstances, the potential Winner may be asked to take cash or other prize alternatives, if available as part of the Campaign and/or Project. 

(F) Prizes involving an appearance in a film, television or other production:

This portion of any prize is subject to the production taking place as scheduled and the potential winner entering into agreements with third parties (such as with a performing syndicate, production company or publishing platform, including confidentiality and background agreements). Participation in such performance opportunity does not guarantee any type or duration of appearance or that such appearance will be included in the final production or that the production will be released at all. 

7.9. WINNER PUBLICITY

Winner agrees to be published on the platform for purely publicity purposes. Any winner may object to such publicity by contacting CORPORACION TOAM at info@toamclub.org and info@toamunited.org.

The winner accepts and authorizes the use of the image rights on photographs or analogous and/or digital procedures to photography, or audiovisual productions (videos), as well as the patrimonial copyrights (reproduction, public communication, transformation and distribution) and related rights, to CORPORACION TOAM, to include them in photographs or analogous and/or digital procedures to photography, or audiovisual production (videos).

Therefore, he/she grants exclusive authorization to CORPORACIÓN TOAM to use, display, divulge or in any other way exhibit or exploit the winner’s Image in all scenarios and media it deems appropriate in connection with the sweepstakes, raffles, shows and/or event as long as such use is in accordance with morality and public order. The present authorization has no territorial limit or limit of exploitation means.

8. PAYMENT PROCESS

In order to make the payment of contributions, the User must make the payment of the donation amount selected by him/her, among the options displayed on the website. Payment methods will be through third party payment processors: Payco, PSE, Mercadopago and/or PayPal. Likewise, depending on the campaign and/or activity, there may be correspondents who will collect the payments.

The contribution amounts will be variable depending on the project and/or Campaign and may be modified at any time. This modification will be reflected in the contribution options for each particular project. 

The User must read carefully the particular conditions of each campaign and/or project, which will be understood as accepted at the moment the User proceeds to the payment of the selected contribution. In case of any doubt, the User can communicate through the means provided in the notifications section of this document.

In the event that the campaign has already finished its collection period and the system for some reason has allowed new contributions from donors, the User will be informed of this situation and the amount paid will be reimbursed to the User, according to his/her payment method. 

From the amounts collected, CORPORACIÓN TOAM will deduct the costs of procedures, administrative costs, commissions and other costs and/or deductible expenses incurred for the management of the Campaigns and/or projects.

9. PAYMENT METHODS

The User may make contributions and/or donations only by paying through the platforms of third party payment processors, being these:

– Payco

– PSE

– PayPal

-Mercadopago

– Apostar

– Others

At any time CORPORACIÓN TOAM may add, suspend, limit, or cancel, without any responsibility, any payment method.

The User is solely responsible for ensuring that payment is made to the payment reference provided by CORPORACIÓN TOAM.

The Donor, represent and warrant to CORPORACION TOAM that the information given to CORPORACION TOAM and its allies is true and that it is authorized to use the applicable Payment Instrument. The Donor agrees that the application of the donation amount chosen by him/her in the respective campaign and that all Donations are final and non-refundable, unless CORPORACION TOAM, in its sole discretion, agrees to issue a refund.

TOAM CORPORATION uses third party payment processing allies to bill you through your Payment Instrument for any Donation you make, and Donors acknowledge that by contributing a Donation to a Campaign, Donor agrees to the processing, use, transfer or disclosure of data by Payment Processors in accordance with any and all applicable terms set forth by our payment processors (currently, Payco, PSE, Mercadopago, PayPal, Apostar and/or those that TOAM may have) in any case, each time a user proceeds to make a payment, the allied payment processors will display the option to read, know and accept the content of their respective terms and conditions and Privacy  Policy.

 

CASH PAYMENT: CORPORACION TOAM uses Mercadopago as a payment processor, a platform that allows to make the payment by cash, in which case a code will be released by  Mercadopago. Afterwards, the Donor can pay using the code and giving the exactly amount at the payment places, such as Efecty and Via.

 

The code generated by the platform will be valid and active for three days from the time of its issuance and durin this time the Donor is allow to make the payment, howeveer, CORPORACION TOAM  only will take into account those payments made and effectively reflected into its account at the time of the closing of each Campaign or Project. Therefore, the Donor cannot make the payment outside that period of time.

 

CORPORACION TOAM will not issue any ticket until the payment its reflected into its account.  

10. SHIPMENTS AND DELIVERY OF PRIZES

In the event that a Donor is awarded a prize derived from a sweepstakes of any Campaign and/or project in which he/she participates, these will be delivered by CORPORACIÓN TOAM, in the place defined by TOAM at its sole discretion. 

Product deliveries will be the responsibility of the transportation and/or parcel company selected by CORPORACIÓN TOAM and it will assume the shipping costs. The estimated delivery time will be the one indicated upon being the winner of a prize. Delivery dates are estimates. However, in case the User does not receive the Product in the maximum time indicated from the reception of the order confirmation, the User must communicate through the means provided in the notifications section of this document. The attention schedule is from 8:00 am to 6:00 pm from Monday to Friday. Or otherwise send an email to the address info@toamunited.org 

Deliveries cannot be made in an exact schedule, they are made within the time indicated by the selected transport company and / or parcel.

In case the Product has signs of damage or breakage in its packaging at the time of delivery, the User shall not receive the product or in its absence shall register it in the carrier’s guide as an observation and communicate within twenty-four (24) hours following its receipt with CORPORACIÓN TOAM.

The delivery of the prizes may only be received and inspected by the person who has been designated to receive, at the moment of the donation.

If the products cannot be delivered, the order will be returned to the place of delivery. A person from the CORPORACIÓN TOAM team will contact the customer to schedule a later delivery, which may generate an additional cost. 

Once the prize consisting of a product is received, for any circumstance other than a change request by the customer, neither CORPORACIÓN TOAM personnel nor the carrier, nor third parties are authorized to remove the product from your residence.

11. RETRACT

The User shall not have the right to retract the contribution made, given that this does not apply in the absence of a contract for the sale of products and / or services in this relationship. The foregoing, in accordance with Article 47 of Law 1480 of 2011 and/or the rule that modifies, supplements or repeals it.

12. PAYMENT REVERSAL

In case of electronic fraud, the donor must contact the issuer of the payment instrument and/or the Financial Superintendence of Colombia, who will indicate the procedure to follow in order to verify the existence of this fraud. Therefore, CORPORACIÓN TOAM shall abide by the decision of the competent authority for these requests.

13. INCENTIVE GUARANTEES

The warranty is defined by the Consumer Statute Law 1480 of 2011, article 5, numeral 5 and/or the rule that modifies, complements or repeals it, as a temporary, joint and several obligation of the producer and the supplier, to respond for the good condition of the product and its conformity with the conditions of suitability, quality and safety legally required or those offered. The legal guarantee will not have additional consideration to the price of the product.

The warranty, as well as the policies of changes and/or returns, of the products and/or services, which are delivered as an incentive will be stipulated in the particular conditions of each campaign and/or activity. 

CORPORACIÓN TOAM does not have the quality of being a producer or supplier, therefore, those responsible for the legal or extended warranties will be the producers or suppliers of the products and/or services delivered as prizes. In this sense, the Winning User must process the warranties directly with them, according to their warranty policies and/or the legal warranty established in law 1480 of 2011.

14. REQUESTS, COMPLAINTS OR CLAIMS

In case of requests, complaints and/or claims, the following communication channels are available:

Physical address for notifications: Carrera 14 No. 103 53 Ap 102, Bogotá.

E-mail address: info@toamunited.org

Telephone: +57 311869901

The User must express in detail the disagreement in question and communicate through the means of communication provided, where the request, complaint and/or claims of the User will be attended and procedures to follow to resolve the respective request, complaint and/or claims, if still applicable, will be informed.

15. GENERAL CONDITIONS

15.1 RIGHTS AND DUTIES OF WEBSITE USERS

The rights of Users of the Website are those expressly set forth in these Terms and Conditions and those to which they are entitled by law. In order to exercise the rights described in these Terms and Conditions, Users must comply with the specific conditions set forth herein.

Users of the website make use of the website at their own risk, following the stipulations of the Terms and Conditions.

15.2 COOKIES

The User who has access to the website, agrees to receive the Cookies that are transmitted by the servers. Likewise, the User expressly acknowledges that Cookies may contain information relating to the identification provided by the User or information to track the Pages that the User has visited within the website, in the understanding, however, that a Cookie cannot read data or information from the User’s hard drive, nor read Cookies created by other Sites or Pages.

16 MODIFICATIONS

CORPORACIÓN TOAM shall have the right to modify unilaterally and at any time, part or all of these Terms and Conditions. Consequently, the User must carefully read the Terms and Conditions each time he/she intends to access or use the web page. The projects or campaigns offered to Users on and/or through the website are subject to the Particular Conditions of each Campaign or project that replace, complement and/or modify, as applicable, the present Terms and Conditions.

17 STATEMENT OF LIABILITY

Persons who decide to participate in the Campaigns and/or Projects that include as an incentive the participation in raffles, by the mere fact of participating, are subject to the obligations, conditions and restrictions indicated below: 

  1. The responsibility of CORPORACIÓN TOAM ends with the delivery of the Prize. 
  2. There will be total coincidence between the data provided to participate and the participant’s identification document, otherwise the prize will not be delivered. 
  3. The winner relieves and waives CORPORACIÓN TOAM of all responsibility for any damage that may be caused to persons or things, derived from the use of the Prize. 
  4. The Prize cannot be exchanged for money, securities or any other good or service. Except for the exceptions stipulated in these Terms and Conditions.
  5. If the winner does not accept the Prize or the conditions established for its delivery and/or receipt, the Prize will be considered renounced and extinguished in relation to the winner and he/she will not be entitled to any claim or compensation, not even partially. 
  6. The winner shall sign a certificate of delivery in accordance with the receipt of the Prize, accepting the limitations and conditions represented by the same and thereby releasing CORPORACIÓN TOAM from all liability. 
  7. The right to the Prize is not transferable, negotiable, nor can it be traded or exchanged for cash. 
  8. The Prize is delivered only to the person who is the winner or to the person designated for such purpose by means of a power of attorney duly authenticated before a notary public. 
  9. Any difference, claim, discussion, unforeseen event and/or controversy that may arise in relation to the prize drawing, whose solution is not foreseen in the present regulations, will be resolved by CORPORACIÓN TOAM in strict compliance with the laws of Colombia. 
  10. The prize given is not transferable to other persons, it will only be given to the selected winner. 
  11. CORPORACIÓN TOAM reserves the right to verify compliance with the rules, including during and after the raffles.

18. PRIVACY POLICY

CORPORACION TOAM S.A.S., has a Privacy Policy for the treatment of personal data according to the law 1581 of 2012 and its regulatory decree 1377 of 2013 that can be consulted through the following link: _________

19. CONTROL OF MONEY LAUNDERING, TERRORIST FINANCING ACTIVITIES AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION (ML/TF/ WMD)

The User declares under the gravity of oath, which is understood to be provided with the present Terms and Conditions, that the resources that make up its patrimony do not come from money laundering, financing of terrorism, drug trafficking, illegal money collection, proliferation of weapons of mass destruction.  

Therefore, if CORPORACION TOAM verifies that the User, its shareholders, legal representatives or administrators are included in such lists, it may unilaterally and immediately terminate the contractual/commercial relationship with the User. i) Included in lists for the control of money laundering, financing of terrorism and proliferation of weapons of mass destruction administered by any national or foreign authority, such as the Office of Foreign Assets Control – OFAC issued by the Treasury Office of the United States of America, the list of the United Nations Organization, as well as any other public list related to money laundering and financing of terrorism issues. ii) Convicted by the competent authorities in any type of judicial process related to the commission of the aforementioned crimes in any jurisdiction.  

For this purpose, the User irrevocably authorizes to consult such information in the aforementioned lists or in those with similar purpose and/or content, and to carry out the necessary confirmations and verifications, being able to keep such information indefinitely.  

In case of presenting the requirements foreseen in the present clause, the termination of the contractual/commercial relationship shall not entitle the reported and/or condemned party to any economic recognition for indemnifications, penalties, fines or any other derived from this just cause of termination, and CORPORACION TOAM may demand the indemnification of those damages that may be accredited derived from said termination, being able to initiate the legal actions it deems appropriate.

20. APPLICABLE LAW AND RESOLUTION OF CONFLICTS

For the interpretation, compliance and execution of these Terms and Conditions, the Parties submit to Colombian law, expressly waiving any other jurisdiction that, by reason of their domiciles, present or future, or for any other reason, may correspond to them. In the event of any controversy or dispute arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve such dispute. If such dispute cannot be resolved within a reasonable time (not to exceed thirty (30) days), either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, the parties shall be free to exercise any right or remedy available to them in accordance with applicable law.

Incase of discord or contradiction between these Terms and Conditions and the Spanish version contained in: Términos y Condiciones, the Spanish version shall prevail. 

We are a non-profit organization whose objective is to raise funds in order to give them to foundations and/or other non-profit organizations. So that these in turn with these funds, can develop their programs and activities, which can benefit thousands of people. To achieve this goal, we seek to create awareness to a new generation of donors to whom we give the opportunity to dream big and participate in unique raffles while helping to make the world a better place.

We formulate, execute and support activities, projects, Campaigns and processes whose purpose is to benefit one or more communities or non-profit organizations that already have Projects that are aligned with our objectives.

Payco.
PSE.
PayPal.
Apostar.
Mercadopago.
Others.

ORPORACION TOAM uses Mercadopago as a payment processor, a platform that allows to make the payment by cash, in which case a code will be released by  Mercadopago. Afterwards, the Donor can pay using the code and giving the exactly amount at the payment places, such as Efecty and Via.

The code generated by the platform will be valid and active for three days from the time of its issuance and durin this time the Donor is allow to make the payment, howeveer, CORPORACION TOAM  only will take into account those payments made and effectively reflected into its account at the time of the closing of each Campaign or Project. Therefore, the Donor cannot make the payment outside that period of time.

CORPORACION TOAM will not issue any ticket until the payment its reflected into its account.

For any Campaign or Project there will be only 4000 tickets for each Donor or  a cash investment per Donor of COP$4.000.000, that is, one ticket per COP$1000.

The warranty is defined by the Consumer Statute Law 1480 of 2011, article 5, numeral 5 and/or the rule that modifies, complements or repeals it. The warranty, as well as the policies of changes and/or returns, of the products and/or services, which are delivered as an incentive will be stipulated in the particular conditions of each campaign and/or activity.

In case of requests, complaints and/or claims, the following communication channels are available:

Physical address for notifications: Carrera 14 No. 103 53 Ap 102, Bogotá.

E-mail address: info@toamunited.org

Telephone: +57 311869901

CORPORACION TOAM S.A.S., has a Privacy Policy for the treatment of personal data according to the law 1581 of 2012 and its regulatory decree 1377 of 2013 that can be consulted through the following link: https://www.toamclub.org/politica-de-privacidad/

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