LEGAL FUNDRAISER TERMS AND CONDITIONS
Last Updated: March 1, 2024
Tropical Smoothie Café, LLC (“TSC LLC”) is the franchisor of the Tropical Smoothie Cafe® restaurant system. With the exception of one restaurant located at 1155 Mount Vernon Highway, Unit #1040, Atlanta, GA 30338, which is owned and operated by a wholly owned subsidiary of TSC LLC, all Tropical Smoothie Cafe restaurants are independently owned and operated by franchisees. When you apply to host a fundraising event (“Event”) at a Tropical Smoothie Cafe restaurant, your application will be sent to the owner of Tropical Smoothie Cafe restaurant where your Event will be hosted (“Owner”), and if your fundraising event application is accepted, you will work directly with the Owner on your Event.
Fundraising event applications are not accepted unless the submitting organization (if accepted, “Organization”) receives an email from the Owner confirming acceptance of the application. If a fundraising event application is accepted, the location, date and time of the Event will be referenced in the acceptance email, and the following terms and conditions will apply.
Scheduled fundraising events are subject to cancellation by the Owner, at the Owner’s sole and absolute discretion.
An electronic version of a flyer for the Event (the “Flyer”) will be provided to the Organization for copying and distribution by the Organization as described below. The Flyer artwork, excluding the Organization’s name and logo, is owned by TSC LLC or its affiliates and may be used by the Organization only as described in these terms and conditions.
The Owner will donate to the Organization 20% of total net sales generated during the Event for sales where a Flyer is presented at the time of purchase as described below. A code will be provided for guests to use when placing eligible mobile app and online pickup and delivery orders during the Event. A minimum of $150 in net sales must be generated during the Event, including any eligible mobile app and online orders, to qualify for a donation. Neither the Owner nor TSC LLC is responsible for any technical issues related to tracking any eligible mobile app or online orders. Gift card purchases, discounted items, reward redemptions, catering orders, tips, service, delivery or other fees, and orders placed on third party delivery sites are excluded and do not count toward the $150 minimum net sales requirement for the Event.
If the Event satisfies the $150 minimum net sales requirement, you will need to complete and submit a donor acknowledgement letter. A check for the total donation amount will be sent to the Organization by mail within 90 days following receipt of your donor acknowledgement letter. The Owner is not responsible for lost checks or checks that are not delivered due to incorrect addresses provided by the Organization. The Owner reserves the right to cancel your donation if USPS is unable to deliver the check to the address provided or if the check is not deposited within 90 days of delivery. The Owner also reserves the right to withhold donations in the event of abuse, fraud, or other violations of applicable fundraising event terms.
In connection with the Event, the Organization may use the Tropical Smoothie Cafe name and logo and/or the name of the Owner, as applicable, only to promote and otherwise factually describe the Event; provided, however, that the Organization may not issue a press release promoting the Event, without TSC LLC’s prior written approval.
The Organization will 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.
The Organization has the right, but not the obligation to, at its own expense, send Flyers to all supporters in the Organization’s database, post to Organization’s website, distribute to the Organization’s employees, friends, families, and members of the community to promote the Event. By participating in the Event and using the Flyer, Organization represents and warrants that distributing the Flyers as described in the prior sentence is not in violation of any terms of use, Organization policies or any other limitations on contact previously identified to such parties 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 Owner, TSC LLC, and their parents and affiliates, as well as each of their respective directors, officers and employees from and against any claims by any such parties related to any such contact.
The Organization and the Owner will be responsible for complying, at their own expense, with any and all requirements imposed by any law or regulation as a result of their respective roles in the Event.
Any and all information provided by the Organization will be used in accordance with TSC LLC’s Privacy Policy.
By submitting an application and hosting an Event, the Organization agrees that it is bound by and will comply with these terms and conditions, as well as the application submitted by the Organization, which constitute the entire agreement between the Organization and the Owner with respect to the subject matter herein. In the event of a conflict between the application and these terms and conditions, these terms and conditions shall control.
State of Fundraising Report
