Terms & Conditions
The following terms and conditions apply to the SCHWAN’S CARES® program
1. SCHWAN’S CARES® is a fundraising program of Schwan’s Home Service, Inc. (“Schwan’s”), which has its principal, place of business located at 115 West College Drive, Marshall, MN 56258. The SCHWAN’S CARES® program is open to any tax-exempt, entity, as more further defined herein, or school (hereinafter “organization”) looking to raise funds through a fundraising event.
2. Applications must be completed in full by the organization and submitted online to Schwan’s in order to be considered. Submitting an online application does not guarantee funding. The Schwan’s merchant administrator reserve the right to adjust the amount awarded to each organization with 30 days prior notice.
3. Schwan’s reserves the right to refuse or deny a campaign request. Certain types of organizations are eligible to participate in the SCHWAN’S CARES® program, and each will be reviewed by Schwan’s prior to the creation of that organization’s individual program, with Schwan’s reserving the right to refuse participation in the program to any organization, for any reason or no reason at all. The following types of organizations will be eligible: an organization holding a current tax-exempt status under Section 501(c)(3), (4), (6) or (19) of the Internal Revenue Code; a recognized government entity: state, county, or city agency, including law enforcement or fire departments that are requesting funds exclusively for public purposes; a K-12 public or private school, charter school, community/junior college, state/private college or university; a church or other faith- based organization with a proposed project that benefits the community at large & is not on the terrorist watch list; those other public groups which do not require an IRS Tax ID number, such as little league baseball or similar sporting groups. The organization certifies that it is eligible to participate in the SCHWAN’S CARES® program, and will provide written documentation thereof at Schwan’s request. The organization and its members hereby consent to Schwan’s use of the Organization’s logos, images, name and those images and descriptions of its members by Schwan’s for the promotion of a campaign or the SCHWAN’S CARES® program. Individual chapters or units of national organizations agree that they are participating in this fundraiser under the applicable rules of any parent or national organization which they may be subject to, and release, indemnify and hold Schwan’s harmless for any violation of those rules. Organization also agrees that it will abide by all applicable federal and state laws and regulations, including those of the IRS and similar state agencies in relation to organization’s non-profit status and accounting for its funds thereunder.
4. The following entities are not eligible to participate in the SCHWAN’S CARES® program: individual persons, for profit businesses such as Partnerships, LLCs, or Corporations. The organization and the person entering into the fundraiser on behalf of it (“Coordinator”) certifies that it is not such an entity and will provide written documentation thereof at Schwan’s request.
5. The products that will be offered for this program and the prices for each product are listed in the Schwan’s product catalog and at www.schwans.com. Schwan’s makes no assurances or guarantees, however, that all products will be available on the date of the fundraising event. Based upon supply, some products may not be available.
6. Customers participating in SCHWAN’S CARES® will receive their order via Schwan’s home delivery and will be sequenced on a route for future deliveries. Customers participating in SCHWAN’S CARES® will receive their order via Schwan’s Home Delivery. Only orders that have an active Campaign ID will count towards a fundraising campaign. All orders placed during the Campaign Duration must have a payment tied to the order at the time that the order was placed. Accepted payments are electronic gift card ("eGift Card"), Gift Card, Schwan’s Pay, Credit Card (VISA, MasterCard, Discover and American Express). In the event that you are not home for delivery, your order will be left in a Schwan’s Freezer Bag on dry ice. Orders placed during the Annuity period do not require a payment at the time the order is placed. Coordinators are NOT ALLOWED to enter additional addresses under a Coordinator account for the purpose of delivery to those individuals making purchases under a given fundraiser. Schwan’s reserves the right to terminate, suspend or cancel campaigns if this occurs. Coordinators may combine the orders of individuals making purchases into one order under the Coordinator’s Account, but if so, the Coordinator shall bear the responsibility of sorting and delivering those orders to the various individuals under the combined order and by doing so releases Schwan’s from any and all claims and liability resulting from Coordinator’s actions.
7. Goal meters on schwans.flipgive.com will reflect order totals that have been placed for purchase by a participating consumer. If the order is not purchased or if the amount is altered, that would only be reflected after the campaign duration has ended.
8. Schwan’s eGift Cards are available for purchase in support of a campaign; however Schwan’s Gift cards are not available for purchase in support of a campaign. Schwan’s eGift Cards can be purchased on schwans.flipgive.com. Each customer may only purchase one (1) eGift Card per active campaign period. There are no refunds on eGift Cards purchased.
9. Payouts to organizations will be based upon the total sales generated from products and eGift Cards purchased and not order amount as reflected on the goal meter. The donation will be a percentage of the total sales based on the program that the organization is enrolled in, as set forth in the “Payout Information Sheet” provided to the organization by Schwan’s upon execution of his Agreement. Payment terms can and may vary by program. All discounts, coupons and delivery fees will not be included in payouts to the organization. Percent of Payout can be changed by Schwan’s at anytime and may vary from campaign to campaign and from offer (product) to offer (eGift Cards).
10. Payouts will be approved 20 days after the initial active campaign duration has ended. If the organization is participating in the Annuity, annuity payments will be made quarterly. All payments made to the organizations will be made via check or ACH deposit. All payments issued shall be for $10.00 or more. If the amount earned does not exceed $10.00, that amount shall be carried over to the next approved payout period and paid in combination with that next approved payout. If the total amount earned during all intended payout periods, including the active campaign period and annuity period(s) does not exceed $10.00, no payment shall be issued. Included with payment will be an itemized statement showing: total sales amount, the percentage payout and the dollar amount paid to the organization.
11. All organizations participating in the SCHWAN’S CARES® program must be based in the 48 contiguous United States.
12. Schwan’s eGift Cards purchased in support of a campaign can be used as payment for an order, however if the order that the eGift Card is being applied as payment to is a Fundraising order, the amount paid with eGift Card will not benefit the campaign.
13. Nothing in this agreement shall be deemed to transfer to organization any right, title, interest or license in or to any of Schwan’s trademarks, trade names, service marks or logos (“Marks”). The organization shall not use any of Schwan’s Marks without the express prior written permission of an authorized representative of Schwan’s.
14. This agreement is subject to all requirements of applicable state law and for those events in New Hampshire includes the requirements of Rev. Stat. § 7:28-d applicable to charitable sales promotions. In addition, the organization will ensure that the event location and hours of operation, and use of all raised funds comply with all federal, state and local laws and ordinances. Organization hereby indemnifies, releases and will hold harmless Schwan’s from any claim resulting from any violation of those
15. Organization agrees that all money raised through this SCHWAN’S CARES® program will be used in compliance with all applicable anti-terrorist financing and asset control laws, statutes and executive orders.