Giveaway Compliance Acknowledgment

For purposes of this Giveaway Compliance Acknowledgment (“Acknowledgment”), the following terms shall have the meanings set forth below. Capitalized terms not defined herein shall have the meanings ascribed to them in the RaffleTracker Partner Terms of Service (“Agreement”).

• “Platform” means the RaffleTracker mobile application, website (raffletracker.app), and all associated services and tools operated by RaffleTracker.
• “Partner” means the business entity or individual who has been approved for a Partner account and submits Giveaway Listings to the Platform.
• “Giveaway” or “Giveaway Listing” means any sweepstakes, contest, raffle, giveaway, or promotional offering submitted by a Partner for display on the Platform.
• “Entrant” or “User” means any individual who views, interacts with, or participates in a Giveaway through the Platform or through the Partner’s external Entry URL.
• “Entry URL” means the external web address provided by the Partner where Entrants are directed to complete their entry into a Giveaway.
• “Listing Content” means all text, images, videos, descriptions, prize details, and other materials associated with a Giveaway Listing.

The term “Giveaway” is used generically throughout this Acknowledgment and the Platform and does not imply that any promotion constitutes a legally defined raffle, lottery, or any other specific promotional format. Partners are solely responsible for ensuring their promotions are structured lawfully as sweepstakes, contests, or other permitted promotional formats under applicable law.

This Acknowledgment is a binding supplement to the RaffleTracker Partner Terms of Service. By submitting any Giveaway Listing through the RaffleTracker Platform, the Partner reaffirms and acknowledges the representations, warranties, and obligations set forth herein.

The purpose of this Acknowledgment is to ensure that all promotional offerings listed on RaffleTracker are conducted lawfully, honestly, and in compliance with all applicable regulations governing sweepstakes, contests, raffles, and giveaways.

By submitting a Giveaway Listing to RaffleTracker, the Partner acknowledges, represents, and warrants the following:

The Partner acknowledges that the RaffleTracker Platform is intended for users aged eighteen (18) and older. Individuals under the age of eighteen (18) are not permitted to use, access, or register for an account on the Platform. The eighteen (18) year age requirement is in place because the Platform may display promotions involving regulated products such as firearms, ammunition, alcohol, tobacco, and other age-restricted items.

Partners should be aware that their Giveaway Listings will be displayed to an adult (18+) audience. Promotions that require entrants to be twenty-one (21) years or older (such as those involving alcohol, certain firearm transfers, or other products restricted by law) must clearly disclose the twenty-one (21) year eligibility requirement in both the Giveaway Listing and the promotion’s official rules. Partners are solely responsible for implementing age verification or eligibility gating on their own entry pages where required by law. RaffleTracker does not independently verify the age of users or entrants for any Partner promotion.

Each Giveaway Listing submitted to the Platform has been structured and will be conducted in full compliance with all applicable federal, state, local, and international laws and regulations, including but not limited to:

• Federal Trade Commission (FTC) Act and related guidelines governing advertising, endorsements, and promotional practices;
• State-specific sweepstakes and contest registration and bonding requirements, including but not limited to New York (GBL §369-e), Florida (FS §849.094), and Rhode Island (RI Gen. Laws §11-50);
• The Deceptive Mail Prevention and Enforcement Act (39 U.S.C. §3001);
• Applicable state consumer protection statutes and unfair business practice laws;
• General Data Protection Regulation (GDPR) where the Giveaway is offered to residents of the European Economic Area;
• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) where applicable;
• Children’s Online Privacy Protection Act (COPPA) — regardless of the Platform’s eighteen (18) year age floor, Partners must comply with COPPA if any aspect of their Giveaway, entry process, or marketing is accessible to individuals under the age of thirteen (13);
• CAN-SPAM Act (15 U.S.C. §7701 et seq.) for any email communications related to the Giveaway;
• Any other applicable laws, rules, or regulations in any jurisdiction where the Giveaway is offered or promoted.

Where required by law, the Partner’s Giveaway includes a free method of entry that provides equal opportunity for participation without requiring any purchase, payment, or consideration. The Partner has prominently disclosed this free entry method in the Giveaway’s official rules and promotional materials.

The Partner has drafted and will maintain complete, publicly accessible official rules for each Giveaway that, at minimum, include the following:

• Full legal name and contact information of the Giveaway sponsor;
• Eligibility requirements, including age restrictions, geographic limitations, and any exclusions (e.g., employees of the sponsor);
• Complete description of the entry method(s), including any free alternate entry method where required;
• Start date and end date (with time zone) of the entry period;
• Complete description of all prize(s), including approximate retail value (ARV);
• Method of winner selection (random drawing, judging criteria, etc.) and odds of winning (or statement that odds depend on entries received);
• Date and method of winner notification;
• Prize claim period and procedures;
• Conditions under which the sponsor may modify, suspend, or cancel the Giveaway;
• Tax disclosure statement informing winners of their responsibility for applicable taxes;
• Privacy disclosure describing how entrant personal information will be collected, used, and protected;
• Release and limitation of liability language;
• Governing law and jurisdiction for dispute resolution.

All prizes described in the Giveaway Listing are genuine, exist in the Partner’s possession or are obtainable by the Partner, and will be awarded and delivered to the selected winner(s) as described. The Partner represents that each prize has been secured or will be secured prior to the Giveaway closing date. The Partner will not substitute prizes of lesser value without the winner’s consent unless expressly permitted in the official rules. The Partner will fulfill all prize obligations within the timeframe specified in the official rules.

The Partner will comply with all applicable federal, state, and local tax reporting and withholding obligations in connection with prizes awarded through its Giveaways, including issuing any required IRS forms (such as Form 1099-MISC, Form W-2G, or any successor forms) to winners where required by law. The Partner will collect any required tax documentation (such as IRS Form W-9 or equivalent) from winners prior to prize delivery. The Partner is solely responsible for determining the applicable tax reporting thresholds and requirements for each prize and jurisdiction.

All information provided in the Giveaway Listing, including but not limited to prize descriptions, prize values, eligibility requirements, and entry methods, is truthful, accurate, complete, and not misleading. The Partner has not and will not engage in any deceptive advertising practices in connection with the Giveaway.

Where a Giveaway Listing includes affiliate links, referral programs, promotional codes, or any other mechanism that generates compensation to the Partner, a third party, or RaffleTracker, the Partner shall disclose such relationships clearly and conspicuously in compliance with Federal Trade Commission (FTC) endorsement and advertising guidelines (16 C.F.R. Part 255) and any other applicable disclosure requirements.

The Partner will collect, store, process, and protect all personal information obtained from Giveaway entrants in compliance with all applicable privacy laws and regulations, including applicable state data breach notification laws. The Partner will not sell, share, or otherwise distribute entrant personal information to third parties except as disclosed in the Giveaway’s privacy policy or official rules, or as required by law. In the event of a data breach involving entrant personal information, the Partner shall comply with all applicable notification requirements and shall promptly inform RaffleTracker of the breach.

The Partner acknowledges and agrees to the following regarding RaffleTracker’s role:

• RaffleTracker does not sponsor, administer, operate, manage, conduct, or control any sweepstakes, raffles, contests, lotteries, or promotional drawings listed on the Platform;
• All promotions displayed on the Platform are conducted exclusively by the respective Partner responsible for the promotion, and all entry submissions, eligibility determinations, winner selection, prize fulfillment, and compliance with applicable laws are the sole responsibility of the Partner;
• Participation in any Giveaway occurs exclusively on the Partner’s website or on a promotion page operated by the Partner or its authorized promotion administrator. RaffleTracker does not host entry forms, collect entry submissions, process entry data, maintain entrant databases, or have access to entrant submission data in any capacity;
• RaffleTracker does not accept entry submissions, process payments for promotion entries, determine winners, distribute prizes, draft official rules, or otherwise participate in the operation of any promotion listed on the Platform;
• The Platform merely provides a directory of promotional opportunities and does not constitute a gambling service, lottery operator, raffle administrator, or promotion sponsor;
• RaffleTracker does not verify, endorse, or guarantee the legitimacy, legality, or outcome of any Giveaway, and undertakes no obligation to investigate or audit Partner Giveaways. Listing on the Platform does not constitute RaffleTracker’s approval or endorsement of the Giveaway;
• RaffleTracker reserves the right to remove any Giveaway Listing at any time, for any reason, without notice or liability.

RaffleTracker does not promote or endorse giveaways involving regulated products such as firearms, ammunition, alcohol, tobacco, cannabis, pharmaceutical products, or other controlled goods. Partners offering Giveaways involving regulated products are solely and exclusively responsible for compliance with all applicable federal, state, and local laws governing the promotion, advertising, transfer, sale, and distribution of such items, including but not limited to age verification, licensing, shipping restrictions, and background check requirements. RaffleTracker makes no representation regarding the legality of any regulated product Giveaway in any jurisdiction.

The Platform may display engagement metrics such as watcher counts, popularity indicators, or other user interaction data related to Giveaway Listings. RaffleTracker does not guarantee the accuracy, completeness, or reliability of such engagement metrics. Partners may not rely on Platform-displayed metrics for regulatory disclosures, legal representations, odds calculations, or any official reporting purposes. The manipulation of engagement metrics is prohibited under Section 5 of this Acknowledgment.

The Partner shall not, in connection with any Giveaway listed on the Platform:

• Operate a fraudulent, fake, or sham Giveaway with no genuine intent to award the stated prize;
• Artificially inflate entry counts, watchers, or engagement metrics through bots, fake accounts, or other deceptive means;
• Require entrants to make a purchase as the sole method of entry where a free alternate entry method is legally required;
• Collect entrant personal information for purposes not disclosed in the Giveaway’s official rules or privacy policy;
• Use the Platform to promote pyramid schemes, multi-level marketing recruitment, or other deceptive business practices;
• Redirect entrants to websites containing malware, phishing attempts, or other security threats;
• Discriminate against entrants on the basis of any legally protected characteristic;
• Fail to disclose material terms, conditions, or restrictions of the Giveaway;
• Engage in any practice that would constitute a lottery under applicable law (i.e., requiring prize, chance, and consideration) without proper licensing.

Violation of this Acknowledgment or the Partner Terms of Service may result in one or more of the following actions, at RaffleTracker’s sole discretion:

• Immediate removal of the non-compliant Giveaway Listing from the Platform;
• Removal of all active Giveaway Listings associated with the Partner;
• Suspension or permanent termination of the Partner’s account;
• Notification to relevant regulatory authorities if RaffleTracker reasonably believes the Partner has engaged in unlawful conduct;
• Pursuit of all available legal remedies, including but not limited to recovery of damages, costs, and attorneys’ fees pursuant to the indemnification provisions of this Acknowledgment and the Partner Terms of Service.

The Partner agrees to indemnify, defend, and hold harmless RaffleTracker, its members, officers, employees, agents, affiliates, and successors from and against any and all claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or related to:

• The Partner’s Giveaway Listings, including any claims by Entrants, regulatory bodies, or third parties;
• The Partner’s violation of any applicable sweepstakes, contest, promotional, advertising, consumer protection, or data privacy law or regulation;
• The Partner’s failure to award, deliver, or fulfill prizes as described in the Giveaway Listing;
• Any misleading, deceptive, or fraudulent promotional practice by the Partner;
• Any claim that the Partner’s Giveaway Listing or Listing Content infringes the intellectual property rights of any third party;
• The Partner’s collection, use, storage, or mishandling of Entrant personal data;
• Any data breach involving personal information collected through the Partner’s Giveaway;
• Any breach of this Acknowledgment or the Partner Terms of Service by the Partner.

This indemnification obligation shall survive the termination of the Partner’s account and the removal of all Giveaway Listings from the Platform.

RaffleTracker reserves the right, at any time and at its sole discretion, to request documentation from the Partner verifying compliance with applicable laws and the requirements of this Acknowledgment. Such documentation may include but is not limited to:

• Complete official rules for any active or recently concluded Giveaway;
• Proof of prize ownership, availability, or procurement (such as purchase receipts, inventory records, or supplier confirmations);
• State sweepstakes registration filings and bonding documentation where required;
• Tax reporting documentation (such as evidence of IRS Form 1099 issuance to winners);
• Privacy policy and data handling disclosures;
• Winner selection records and notification documentation;
• Any other documentation reasonably necessary to verify compliance.

The Partner shall provide requested documentation within fourteen (14) days of the request. Failure to provide requested documentation within the specified timeframe, or provision of documentation that RaffleTracker determines is materially incomplete or inaccurate, may result in the immediate suspension or removal of the Partner’s Giveaway Listings and, at RaffleTracker’s discretion, suspension or termination of the Partner’s account.

RaffleTracker may remove, decline to publish, or suspend any Giveaway Listing that it determines, in its reasonable judgment, may harm the reputation, integrity, trustworthiness, or public perception of the Platform or its users. This right exists regardless of whether the Giveaway Listing violates any specific provision of this Acknowledgment or the Partner Terms of Service.

Without limiting the foregoing, RaffleTracker may exercise this right in response to: user complaints, negative media coverage, regulatory inquiries, concerns about prize legitimacy, or any other circumstance that RaffleTracker determines may adversely affect user trust in the Platform.

RaffleTracker may, at its discretion, forward any user complaints, regulatory inquiries, legal notices, or other communications related to a Partner’s Giveaway to the Partner. The Partner agrees to:

• Respond to any forwarded complaint or inquiry promptly and in good faith, and in no event later than five (5) business days from receipt;
• Cooperate fully with RaffleTracker in resolving user complaints, including providing relevant documentation and taking corrective action where appropriate;
• Not retaliate against any user who files a complaint;
• Notify RaffleTracker promptly if the Partner receives any regulatory inquiry, subpoena, cease-and-desist notice, or legal action related to a Giveaway listed on the Platform.

The Partner shall not intentionally solicit, contact, or redirect RaffleTracker users for off-platform promotional participation in a manner designed to circumvent the Platform’s tracking, attribution, discovery, or partnership structure. Without limiting the foregoing, the Partner shall not:

• Use data, analytics, or user information obtained through or as a result of the Platform to directly solicit users outside of the Platform;
• Embed hidden redirects, tracking pixels, or data collection mechanisms in Giveaway Listings that are designed to capture RaffleTracker user data for off-platform solicitation;
• Encourage users to bypass the Platform to access the Partner’s promotions directly in a manner that undermines the partnership relationship.

This provision does not prevent Partners from promoting their Giveaways through their own independent marketing channels (such as their own website, social media, or email list) to audiences they acquired independently of the Platform.

The Partner acknowledges that, through its use of the Platform and Partner Portal, it may receive access to certain non-public information regarding the Platform, including without limitation non-public analytics, performance metrics, partner tools, operational processes, onboarding materials, referral attribution mechanisms, internal submission workflows, and other proprietary business information of RaffleTracker (collectively, “Restricted Platform Information”).

The Partner shall not, directly or indirectly, use Restricted Platform Information to develop, operate, assist, market, or invest in any service whose primary purpose is to aggregate, index, track, list, or promote sweepstakes, giveaways, contests, raffles, or similar promotional offerings in a manner substantially similar to the Platform.

Without limiting the foregoing, the Partner shall not:

• Reverse engineer, decompile, deconstruct, or systematically analyze the Platform, Partner Portal, or related tools for the purpose of replicating or substantially imitating the Platform’s non-public features, workflows, discovery mechanisms, or user experience;
• Scrape, harvest, extract, copy, or systematically collect non-public Platform data, partner data, analytics, or engagement information except as expressly authorized in writing by RaffleTracker;
• Use non-public information obtained through the Partner relationship, including internal onboarding materials, operational processes, monetization structures, or non-public performance data, to build or support a competing aggregation or listing service;
• Provide Restricted Platform Information to any third party for the purpose of developing, operating, or supporting a competing service.

For clarity, this Section does not prohibit the Partner from: (a) operating its own giveaways, sweepstakes, contests, or other marketing campaigns; (b) using publicly available information that is not obtained from restricted access to the Platform or Partner Portal; (c) using general skills, experience, and know-how that do not involve the use or disclosure of Restricted Platform Information; or (d) engaging in any business activity that does not involve misuse of Restricted Platform Information or unauthorized copying of the Platform’s non-public systems, data, or workflows.

The Partner shall also not circumvent, disable, interfere with, or attempt to bypass any technical, contractual, or operational restrictions implemented by RaffleTracker to protect Platform data, attribution systems, analytics, or Partner Portal functionality.

This Section survives termination of the Partner’s account for a period of twelve (12) months, except that obligations relating to trade secrets, confidential information, and unlawfully obtained data shall survive for so long as such information remains protected under applicable law.

This Acknowledgment applies to each and every Giveaway Listing submitted by the Partner, both now and in the future. The Partner’s obligation to comply with all applicable laws and the terms of this Acknowledgment is continuous and applies for the entire duration of the Partner’s account and beyond, to the extent that any Giveaway obligations (such as prize fulfillment) survive account termination.

The Partner agrees to promptly notify RaffleTracker at legal@raffletracker.app if any Giveaway Listing becomes non-compliant with applicable laws or if circumstances arise that prevent the Partner from fulfilling prize obligations as described.

The Partner acknowledges that sweepstakes, contest, and promotional laws are subject to change. The Partner is solely responsible for monitoring and complying with any changes in applicable law that may affect their Giveaway Listings. RaffleTracker is not responsible for advising Partners of legal changes and makes no representations regarding the current state of applicable law.

This Acknowledgment is incorporated into and forms a part of the RaffleTracker Partner Terms of Service. In the event of any conflict between this Acknowledgment and the Partner Terms of Service, the more restrictive provision shall control. All defined terms used but not defined herein shall have the meanings ascribed to them in the Partner Terms of Service.