Special Events Terms and Conditions
The following terms and conditions apply to sponsorships and/or underwriting of Special Events in support of SOME (“SOME” and/or “So Others Might Eat”). If you have questions, please email firstname.lastname@example.org.
1. Financial and/or In-Kind Commitment. Sponsor has agreed to a financial and/or in-kind contribution (the “contribution”) as a sponsor and/or underwriter of a SOME event, as identified on a Special Event sponsor commitment form, sponsorship package, pledge form, SOME website or similar agreement (a “Sponsorship Commitment”). Financial funding provided to SOME via special events are unrestricted funds, and the contribution may be allocated as SOME determines is in the best interests of its work. Goods or services contributed (“in-kind support”) by Sponsor or promotional activities conducted by Sponsor in connection with Event are provided as a charitable contribution to SOME, where applicable.
2. Sponsorship Benefits. SOME will provide sponsorship benefits (such as Event admission, food and beverage, entertainment, VIP seating, etc.) applicable to Sponsor’s support level as set forth in the Sponsorship Commitment. SOME will arrange and bear all costs and expenses related to these benefits.
3. Acknowledgements. SOME will provide public recognition and acknowledgment applicable to Sponsor’s support level as stated in their respective Sponsorship Commitment. Acknowledgement of Sponsor’s sponsorship, while identifying Sponsor, will not endorse Sponsor’s products or services or contain any qualitative or comparative language or price information with respect to Sponsor’s products or services. SOME will arrange and bear all costs and expenses related to Sponsor Acknowledgements.
4. Use of Names and Logos. Sponsor grants to SOME the free, limited, non-exclusive, nontransferable, nonassignable, revocable right and license to use the Sponsor’s name and logo provided by Sponsor solely for the purpose of providing the Sponsorship Acknowledgments, Benefits and otherwise fulfilling its obligations under these Terms and Conditions. Sponsor has the right to publicly announce and promote its sponsorship of the Special Event using the SOME name as follows: “[Sponsor] is [or was] a proud Sponsor of the [Event]” or in similar language approved in advance by SOME. In any online announcement, a link to www.some.org will be provided. Any use of the SOME logo or any use of the SOME name other than the language set forth above, requires the prior written review and approval of SOME. In no event shall Sponsor use SOME’s name or logo in connection with the sale of a product or service. Upon request, Sponsor will provide SOME with copies of any Sponsor materials that use the SOME name or logo. All use of the SOME name or logo inures to the benefit of SOME. All Sponsor’s right to use the SOME name and/or logo will terminate one hundred twenty (120) days after the Event, or earlier upon SOME’s written notice of termination. Both parties further agree not to use each other’s intellectual property in any way that would imply endorsement of one’s self or demean, defame, embarrass, diminish or cause any harm to the other.
5. Sponsorship Scope. Unless otherwise expressly identified on the Sponsorship Commitment, Sponsor will be a non-exclusive sponsor of the Special Event and SOME reserves the right to have other sponsors. Sponsor acknowledges that all Sponsorship Acknowledgements and Benefits provided by SOME relate only to the identified Special Event, and not similar SOME events held in other locations or dates/times.
6. Force Majeure. Neither Sponsor nor SOME will be deemed to be in default of any provision of this Agreement, or for failures in performance, resulting from acts of God, fire, flood, communicable disease outbreak, epidemic, public health emergency, natural catastrophe, severe weather, war, terrorism, labor dispute, governmental regulation or act, or similar events beyond the party’s reasonable control, including any quarantine, travel warning or restriction or other action of government agencies or commercial entities intended to control, mitigate or otherwise address the foregoing (a “Force Majeure Event”).
7. Discretionary Authority. Sponsor understands that the Special Event is being conducted, and Sponsor’s Payment will be utilized, in furtherance of SOME’s charitable mission. Sponsor acknowledges that SOME shall retain full discretion and control over the Special Event, including planning, schedule, and operations. SOME reserves the right to reschedule or cancel the Special Event for any Force Majeure Event or any other reason it deems necessary or advisable, including without limitation logistical complications, public health concerns, severe weather forecast or other circumstances potentially affecting Event operations, attendance or success. In such cases, SOME will make reasonable efforts to provide Sponsorship Acknowledgements and Benefits at a rescheduled or comparable event within a reasonable time with Sponsor’s approval.
8. Tax Treatment. SOME is a qualified public charity under Section 501(c)(3) of the Internal Revenue Code. To the extent that Sponsor’s Payment exceeds the fair market value of all goods, services and other return benefits received by Sponsor, it is considered a charitable donation to SOME and tax-deductible to the extent permitted by law. SOME will provide Sponsor with documentation of the fair market value of all benefits received in connection with the Special Event. In no event will the value of return benefits exceed the Payment. The return benefits are not intended to be available as a regularly occurring sale or an offer of advertising. Sponsor is responsible for consulting with its own tax advisor regarding the deductibility and treatment of its Payment, including contributed goods, for its own tax purposes. Contributed services are not tax-deductible.
9. Discretionary Authority. Sponsor understands that the Special Event is being conducted, and Sponsor’s Payment will be utilized, in furtherance of SOME’s charitable mission. Sponsor acknowledges that SOME shall retain full discretion and control over the Special Event, including planning, schedule, and operations. SOME reserves the right to reschedule or cancel the Special Event for any Force Majeure Event or any other reason it deems necessary or advisable, including without limitation logistical complications, public health concerns, severe weather forecast or other circumstances potentially affecting Event operations, attendance or success. In such cases, SOME will make reasonable efforts to provide Sponsorship Acknowledgements and Benefits at a rescheduled or comparable event within a reasonable time with Sponsor’s approval.
10. Additional Terms. If any provision of these Terms and Conditions of Sponsorship are held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of these Terms and Conditions, and the application of such provision in any other circumstances, will not be affected thereby.
These Terms and Conditions, together with the Sponsorship Commitment, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all other communications between the parties with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Sponsorship Commitment, these Terms and Conditions will control. Nothing in this Agreement shall be construed to create a partnership or joint venture between the parties and neither party shall have the right to bind the other to any contracts, agreements, or other obligations without the express, written consent of an authorized representative of such party.
These Terms and Conditions, and the rights granted hereunder, may not be assigned by either party without the prior written consent of the other party.