Fundraiser Terms and Conditions

Last Updated: February 14, 2022

These terms and conditions (“Terms and Conditions”) will confirm the details of the agreement between the applicable MOD Entity (“Sponsor”) and the charity indicated on the application filled in by you (“Charity”) regarding the Promotion (defined below). As used herein, the term “MOD Entity” means, with respect to a Promotion involving stores in California, MOD Super Fast Pizza (California), LLC, a Delaware limited liability company; with respect to a Promotion involving stores in Wisconsin, MOD Super Fast Pizza (Wisconsin), LLC, a Delaware limited liability company; and with respect to a Promotion involving stores in all other states, MOD Super Fast Pizza, LLC, a Delaware limited liability company.

Subject to the conditions below, Sponsor will donate to Charity 20% of Net Sales earned by Sponsor on the date indicated on the application submitted by Charity and approved by Sponsor, or if not approved by Sponsor, then on such day that Sponsor and Charity mutually agree (the “Promotion Date”) generated by the MOD Pizza store location indicated on the application submitted by Charity (the “Promotion”). “Net Sales” is defined to mean gross sales of the aforementioned MOD Pizza store, less any complimentary discounts and alcohol sales, that originate from customers who present a Sponsor-approved promotional flyer or code in relation to Charity upon payment of such customers’ in-store purchases, purchases made online via the MOD Rewards® app and online at www.modpizza.com on the Promotion Date. Purchases made through third-party apps or by phone are not eligible. Gift card purchases are not eligible. Net Sales must be equal to or greater than $150 for Sponsor to donate.

Charity acknowledges and agrees that Sponsor may use Charity’s name, information, logo and trademarks on packaging for any of Sponsor’s products and in communicating the terms of the Promotion to the public via various means, including but not limited to direct mail and point-of-sale, print, broadcast and online media. Sponsor grants Charity a limited, non-exclusive right and license to use Sponsor’s name solely for the purpose of promoting the Promotion to its members and related others on the Promotion Date, provided that such use complies with MOD brand quality control requirements and is consistent with the purposes of the Promotion. Any misuse of Sponsor’s name or the MOD name or logo or other use that in Sponsor’s sole discretion is inappropriate, offensive or tarnishes Sponsor or MOD, shall be grounds for immediate termination of the Promotion by Sponsor and Sponsor reserves the right to withhold any donation to Charity.

Sponsor will provide Charity with a donation payment from the Promotion no more than ninety days after the Promotion Date. The payment will be accompanied by a final accounting of the results for the Promotion, including but not limited to the number of purchases and a calculation of the amount of the donation.

The Promotion will be subject to all applicable laws. Each party shall be responsible for complying, at its own expense, with all requirements imposed by law or regulation on each of them individually as a result of their respective roles in the Promotion, including but not limited to, any obligation to register, post bonds, or take other actions under state law as a charity or a commercial co-venturer. Charity represents and warrants that it is (A) a local organization established for the benefit of local causes, and is not and is not affiliated with (B) (i) any employee, official, representative or agent of any government, political party, state-owned entity or public international organization (such as the United Nations), including foreign government officials, (ii) any national charity organization, or (ii) established for or organized for the purpose of fundraising for medical research, religious causes, political causes, and international/national causes. Neither the Charity nor anyone associated with the Charity may setup any stands, tables, or hand out flyers in or directly outside of the MOD store.

Each party will indemnify, defend and hold harmless the other party against any third-party claims and all resulting liabilities, losses and costs (including reasonable attorneys’ fees) arising out of: (a) any negligence, willful misconduct or breach of this agreement by the indemnifying party, and (b) the sale, use or advertising of any products or services of the indemnifying party. Each party will give the other prompt notice of any such claim. The indemnifying party shall have the right to control the defense of the claim. The indemnified party may participate in the defense at its own expense.

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