Who are we?
We are Thanks Ad Pty Ltd (ABN 15 665 397 062) of 81-83 Campbell Street, Surry Hills, NSW, 2010, Australia. Our affiliated companies include Thanks Heaps, Inc. and Thanks Studio, Inc. (one or more of these entities being referred to in these Charity Donation Terms as “we”, “us” and “our”).
What does Thanks do?
We operate a promotional ads service through our proprietary widget (the “Thanks As Widget”) and related services to provide end users with relevant offers. These offers are either third party promotional ads provided by our advertising partners, on behalf of themselves or on behalf of advertisers with whom they have relationships; in house promotional ads from our merchant partners – the partners whose websites, apps or e-commerce integrations display Offers (“Merchant Partners”); or our own ads, promoting products, prize draws, offers relating to charity donations or other types of offers (“Offers”, each an “Offer”).
Through the Thanks Ad Widget, Thanks facilitates the display of relevant Offers to end users (“Users” “you”, “your”), and you can take advantage of those Offers by following the call-to-action for the applicable Offer.
These Terms
These Charity Donation Terms set out the contract between you and us when you select a Cause on a Charity Donation Offer, as defined below. By selecting a Cause, you acknowledge that these Charity Donation Terms are legally binding. If you do not agree with any of these Charity Donation Terms, you should not select a Cause or interact with the Charity Donation Offer.
For information about how we process your personal data, please see our Privacy Policy here.
1. Interpretation
1.1 In addition to the definitions listed above, the following definitions apply to these Charity Donations Terms:
(a). “Calculation Method” means the method we will use to determine how the Donation Amount will be allocated to one or more Causes, according to the number of Votes (for example, the Cause with the highest number of Votes could receive the Donation Amount, or the Donation Amount could be split according to the percentage of Votes for each Cause, or we may apply a different calculation);
(b) “Cause” means a charity listed on a Charity Donation Offer and “Causes” means more than one Cause;“
(c) Charity Donation Conditions” means one or more conditions attaching to the Charity Donation Offer, imposed by Thanks, relating to the number of Causes, and/or whether the Donation Amount will be allocated to one Winner or split between multiple winners, and/or what will happen if there is a Tie, and/or any other applicable conditions;“
(d) Charity Donation Offer” means an Offer displayed to Users through a Merchant Partner platform which invites Users to select (vote for) a Cause;
(e)“Donation Amount” means the total donation amount displayed on the Charity Donation Offer;
(f) “Tie” means that an equal number of Votes have been submitted for more than one Cause;
(g) A “Vote” means one vote for a Cause from a User who has selected that Cause from a list presented to them on a Charity Donation Offer;
(h) “End Date” means the final date on which Votes can submitted for a specific Charity Donation Offer;
(i)“Voting Period” means the period beginning on the Start Date and ending on the End Date;
(j)“Start Date” means the first date on which Votes can submitted for a specific Charity Donation Offer; and
(k) “Winner” means the Cause to which either the Donation Amount, or a portion of the Donation Amount, will be donated by Thanks following the end of the Voting Period, based on the Calculation Method. If there is a Tie, or if the Charity Donation Conditions stipulate that the Donation Amount will be split between more than one Cause, there will be more than “Winner”, all “Winners”.
2. How Charity Donation Offers work
2.1 If you are presented with a Charity Donation Offer, you will be invited to select a Cause from a list of multiple Causes.
2.2 The Charity Donation Offer will always include the following information for that specific Charity Donation Offer (“Essential Information”):
(a) The Donation Amount;
(b) The Calculation Method;
(c) The Start Date; and
(d) The End Date.
2.3 The Charity Donation Offer may also stipulate one or more Charity Donation Conditions that apply to the Charity Donation Offer such as what happens if there is a Tie, or any other conditions.
2.4 When you select a Cause:
(a) our selection will amount to a Vote;
(b) We will confirm to you the Cause you have chosen on a further pop-up, on the same Merchant Partner platform through which the Charity Donation Offer was displayed to you;
(c) Your Vote will be counted within 14 days of the End Date;
(d) We will apply the Calculation Method in order to determine the Winner or Winners;
(e) The Winner or Winners will be informed that they have been selected and the Donation Amount, or a portion of the Donation Amount, will be transferred to that Winner or those Winners within 45 days; and
(f) The Winner or Winners may be communicated via social media within 90 days of the Winner or Winners being informed. 3. Conditions of entry
3.1 Votes for a Charity Donation Offer can only be submitted online via the Charity Donation Offer, by following any instructions displayed on the Charity Donation Offer.
3.2 Only one entry is permitted per User, per day, for any one Charity Donation Offer.
3.3 Charity Donation Offers are open to all US and Australian residents aged 18 years or over, except our employees, their families or agents.
3.4 Each Charity Donation Offer is only open for during the Voting Period. Any selections made outside of the Voting Period will not be considered Votes.
4. Disclaimers
4.1 If for any reason a technical interruption, fault or site failure occurs when selecting a Cause, we do not take any responsibility for failed selections. Any such failed selections will be invalid and your selection will not be counted as a Vote in the Charity Donation Offer.
4.2 The pop-up and/or the Merchant Partner platform through which Charity Donation Offer is displayed may contain links to other websites (“Linked Sites”). We are not responsible for the content of any Linked Sites, or the terms applicable to any products or services associated with them, whether or not we are affiliated with those Linked Sites. We do not in any way endorse any Linked Sites and are not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites.
5. Further terms
5.1 The number of Winners for each Charity Donation Offer will depend on the Calculation Method for that Charity Donation Offer, which may vary from one Charity Donation Offer to another.
5.2 We may run multiple Charity Donation Offers at any one time, or at any time, with different Donation Amounts, Calculation Methods, Voting Periods, and Charity Donation Conditions.
5.3 We will only donate one Donation Amount per Charity Donation Offer, based on Votes submitted by all Users in that Charity Donation Offer. Each Charity Donation Offer will be offered to other Users throughout the Voting Period and Votes will be counted from all such Users in order to determine the Winner(s) of that Charity Donation Offer.
5.4 The Winner or Winners that emerge following the Calculation Method is/are final and binding and we will not consider or enter into any negotiations about the Winner or Winners.
5.5 Donations are made by us. Users are not made on behalf of Users and Users will not be asked to donate or pay any money towards the Donation Amount.
5.6 Your selection of a Cause will not affect any purchase you have made through a Merchant Partner or any other purchase, relationship or engagement you have with us.
5.7 These Charity Donation Terms and all Charity Donation Offers are governed by the laws of New South Wales, Australia. Any legal disputes must be dealt with by the courts in and of New South Wales.