Fundraiser Terms and Conditions

Last Updated: May 8, 2017

These terms and conditions (the “Terms”) govern your application for, scheduling and holding a fundraising event or events (each, an “Event”) at a MOD Super Fast Pizza, LLC or its affiliates or authorized operators (collectively, “MOD”) location. Event requests are NOT guaranteed unless your submitting organization (“Organization” or “you” for purposes of these Terms) receives a confirmation email from MOD. To be considered for approval of an Event, you must submit accurate information and both the Event and the Organization must be appropriate for a family-friendly environment, as determined in MOD’s sole discretion. You represent and warrant that all information provided to MOD regarding the Organization shall be accurate and complete in all respects.

If your Event and its proposed date are approved by MOD, the following additional conditions apply:

  • For each approved Event, MOD will donate twenty percent (20%) of net food and beverage sales (excluding tax, tips, and discounts) for each transaction accompanied by a Flyer that is presented by a customer at the time of purchase during the Event. Purchases of MOD gift cards, online ordering, and non-food retail items do not count toward the net food and beverage sales for the Event.

  • MOD (or its participating franchisee for the approved store location, as applicable) will mail a check to the Organization for the total donation amount no more than 90 days following the Event. MOD will provide you a written accounting upon written request.

  • You will be provided with one electronic version of the Event fundraising flyer (the “Flyer”) for copying and distribution by the Organization as described below.

    • The Flyer artwork, excluding your name, is owned by MOD and may ONLY be used by you as described in these Terms.

    • You have the right but not the obligation, solely in connection with the Event, to: (1) at your own expense, send Flyers to all supporters in your database; (2) post the Flyer to your website; and (3) distribute the Flyer to the Organization’s employees, friends, families and members of the community to promote the Event.

    • The Organization may make copies of the Flyer at its own expense; all other advertising costs related to the Event incurred by the Organization are also the responsibility of the Organization.

    • You may not issue a press release or engage in any other publicity promoting the Event except as described herein, without MOD’s prior written approval.

  • In connection with the Event, MOD grants you a limited, non-exclusive, non-transferable, royalty-free right and license to use, reproduce and publicly display MOD’s name, trademarks and logo (collectively, the “MOD Marks”) as embodied in the Flyer and to promote or otherwise factually describe the Event. MOD shall have the right to monitor the quality of your use of its name, trademarks, and logo. You shall not use the MOD Marks in any manner other than for the limited purposes of the Event as described herein. You acknowledge and agree that: (i) you shall not use the MOD Marks in a manner likely to diminish the MOD Marks’ commercial value; (ii) you shall not permit any third party to use the MOD Marks unless authorized to do so in writing by MOD; (iii) you shall not use or permit the use of any mark, name, or image likely to cause confusion with the MOD Marks; (iv) all goodwill associated with your use of the MOD Marks shall inure to MOD; (v) the MOD Marks are and shall remain the sole property of MOD; (vi) nothing in these Terms shall confer in the Organization any right of ownership in the MOD Marks; and (vii) you shall not now or in the future contest the validity of the MOD Marks.

  • All scheduled Events are subject to cancellation by MOD at any time for any reason.

  • If the approved location for your Event is a MOD franchisee location, you will deal directly with the participating franchisee for the approved MOD location for all aspects of the Event, subject to these Terms.

By participating in the Event and using the Flyer, Organization warrants and represents that distributing the Flyers as described above is not in violation of any terms of use, Organization policies or any other limitations on contact previously identified to the Organization or in violation of any applicable law (including without limitation online solicitation laws and the CAN-SPAM Act and/or CASL, as applicable), and Organization agrees to indemnify, defend and hold harmless MOD, its parent, affiliates, subsidiaries and authorized operators, and each of their respective directors, members, officers and employees from and against any claims by any such parties related to any such contact. Further, Organization shall defend, indemnify and hold harmless MOD, its parent, affiliates, subsidiaries and authorized operators, and each of their respective agents, representatives, directors, officers, and employees, from and against any and all actions, claims, demands, liabilities, expenses and costs, including, without limitation, reasonable attorney’s fees and legal expenses, that arise out of any third party claim regarding the negligence or wilful misconduct of Organization in connection with the Event, Organization’s performance (or failure to perform) under these Terms, and/or any breach of any representation made by Organization.