Terms & Conditions

Thanks for using eQuack. These Terms & Conditions (the “Terms”) are an agreement between Derby Duck Races, LLC (“Derby Duck Races,” “eQuack,” “we,” “us,” or “our”) and the people and organizations that use the eQuack platform. We wrote them in plain English on purpose. They are still a binding agreement, so please read them.

These Terms cover two groups:

• Organizer Users: administrators, team captains, staff, volunteers, and other people who use an eQuack account to help an Organization plan or run an Event.
• Supporters: people who use a public eQuack page, the eQuack text-to-give number, or an in-person eQuack checkout to adopt a duck, donate, enter an Event, buy merchandise, or purchase a sponsorship.

An organization that uses eQuack is an “Organization.” A fundraising campaign, duck race, raffle, sweepstakes, or similar activity conducted through eQuack is an “Event.” The eQuack websites, public Event pages, mobile application, text-message tools, and related services are the “Services.”

1. Accepting these Terms; eligibility

You accept these Terms when you create or use an eQuack account, accept an invitation, check an acceptance box, click an acceptance button, or submit an order or entry after being shown these Terms. If you do not agree, do not use eQuack.

Organizer Users must be at least 18. If you accept these Terms as an authorized representative of an Organization, you represent that you have authority to bind it. If you do not have that authority, you accept only the obligations that apply to you individually. Holding an invitation or role does not, by itself, make you personally responsible for the Organization’s commercial, regulatory, payment, or indemnification obligations.

Supporters must be at least 18, and any higher age that the Event’s official rules or the law where you live requires, to submit a paid order, donation, or Event entry. If you provide information about another person, such as a gift recipient, you represent that you are permitted to provide it and that any age confirmation you give is accurate.

2. What eQuack provides

eQuack is a technology platform for planning, promoting, and running fundraising duck races and similar Events. Depending on what an Organization has enabled, it may include public Event pages, online and in-person orders and payments, team and peer-to-peer fundraising tools, email and text-message tools, donor and order records, race-day tools, and optional AI-assisted drafting tools.

Derby Duck Races may also provide ducks, logistics, consulting, race-day support, or other services under a separate signed agreement. That agreement governs those services.

We may add, change, or retire features over time.

3. Accounts and access

Each person must use their own account. Keep your credentials and devices secure, use only the access assigned to you, keep your account information accurate, and tell us promptly at info@duckrace.com if you believe an account or device has been compromised.

An Organization’s administrators control who may access the Organization’s information and are responsible for removing users who no longer need access. Derby Duck Races may access Organization information when reasonably necessary to operate, secure, support, or improve the Services, comply with law, or enforce our agreements.

We may suspend or restrict an account that we reasonably believe is compromised, is being misused, violates these Terms, or creates a risk to an Organization, Supporters, other users, or the platform.

Payment hardware and in-person payment tools must be used according to the instructions provided with them.

4. The Organization’s responsibilities

The Organization sponsoring the Event is responsible for the Event, its fundraising activity, and its relationship with Supporters. Providing the eQuack software and its payment tools does not make Derby Duck Races the sponsor, operator, licensee, prize provider, or charitable beneficiary of the Event. Any additional role Derby Duck Races accepts must be stated in a separate signed agreement.

The Organization is responsible for:

• Legal compliance. Determining and following all federal, state, and local laws that apply to the Event, including laws on charitable gaming, raffles, sweepstakes, games of chance, charitable solicitation, consumer protection, privacy, and taxes.
• Licenses and filings. Obtaining and maintaining required licenses, permits, registrations, approvals, bonds, and reports, and telling us promptly if any of them lapses or is questioned.
• Good standing. Remaining in good standing with the tax and state authorities that regulate its charitable or gaming activity.
• Official rules. Preparing and publishing complete and accurate Event rules, including eligibility, geographic and age restrictions, entry methods, any required free or alternative method of entry, odds, dates, payment deadlines and how entries with incomplete or reversed payments are treated, drawing procedures, prizes, and winner selection and notification.
• Event content. Making sure Event dates, goals, prize values, sponsor claims, tax statements, fundraising claims, and descriptions of how funds will be used are complete and accurate.
• Winners and prizes. Determining winners, and awarding and fulfilling prizes, including any tax reporting, withholding, or winner paperwork. eQuack tools, or Derby Duck Races staff, may help an Organization match finishing ducks to Supporter records. That help is administrative and given at the Organization’s direction. The Organization makes the final determination of every winner.
• Taxes and receipts. Determining whether any payment is tax deductible and providing legally accurate receipts or acknowledgments. eQuack may generate receipt messages, but the Organization is responsible for their legal and tax content.
• Refunds and Supporter relationships. Publishing and administering a refund policy, and responding to Supporter questions, complaints, refund requests, and disputes about the Event.
• Its people. Managing the administrators, captains, volunteers, and others acting on its behalf.
• Communications. Making sure contact lists, fundraising emails, text messages, and other communications are lawful and sent only with the required permission.
• Personal information. Providing required privacy notices, honoring applicable privacy rights, and using Supporter information lawfully.

Nothing in eQuack, including templates, checklists, suggested rules, generated content, or receipt language, is legal, tax, accounting, or gaming-compliance advice.

We may decline to support, suspend, or remove an Event that we reasonably believe is unlawful, deceptive, infringing, unsafe, or harmful to Supporters or the platform. We are not required to review Events, and our decision not to act is not a determination that an Event complies with the law.

5. Terms for Supporters

Each Event is conducted by and for the Organization named on its Event page. Your adoption, donation, entry, or purchase is made to that Organization, not to Derby Duck Races. We are not a charity and are not the sponsor or operator of any Event. The Organization’s official rules determine eligibility, entry rights, odds, prizes, and winner selection.

By submitting an order or entry, you agree that:

• You have reviewed and will follow the Event’s official rules and any conditions shown at checkout, and you meet the Event’s eligibility requirements, including age and location. Events may be limited to certain states or areas and are void where prohibited.
• A duck “adoption” represents support for the Event and any entry rights stated in the official rules. It does not transfer ownership of a physical duck unless the rules say so.
• Adopting more ducks does not guarantee a prize.
• The Organization, not eQuack, is responsible for conducting the Event, determining winners, delivering prizes, handling any prize-related tax forms, and answering Event questions.
• Information you submit is provided to the Organization and handled as described in our Privacy Policy and the Organization’s own privacy notice.

A paid order is complete only when its payment is. This applies to orders that require electronic payment. Free sweepstakes entries do not require payment. Payment providers, card networks, and banks may hold, review, decline, or reverse a payment, including after you see a confirmation, so an order confirmation is not a guarantee against a later reversal. If your payment is not completed, the order may be canceled and any duck numbers or entries issued for it may be removed before the Event’s entries are finalized, as the official rules provide.

Your payment counts. A valid payment you complete through eQuack is credited as your payment to the Organization, and you will not be asked to pay the Organization again for the same order. Refunds, reversals, and entry eligibility remain subject to the law and the Event’s official rules.

Refunds. Unless the Organization’s refund policy or the law says otherwise, adoptions, donations, and entries are final. The Organization administers its refund policy, so contact it first. We may also issue a refund where the law or payment-provider rules require it, or to correct a payment error or an order that could not be fulfilled. Refund and payment-dispute rights that the law does not let you waive stay available to you.

Taxes. Adoptions and other payments that include a chance to win a prize are generally not tax-deductible charitable contributions. A receipt or checkout label is not tax advice.

Free entry. When an Event offers a free or alternative method of entry, its official rules control that process. No purchase or contribution is necessary to enter or win an Event run as a sweepstakes, and a purchase will not improve your chances in one. Entries beyond the limits in the official rules, and entries submitted fraudulently or through prohibited automation, are not allowed.

6. Payments and fees

Electronic payments made through eQuack are handled by third-party payment providers, whose own terms may apply to their services. Payment-card details go directly to the payment provider. eQuack does not store full payment-card numbers.

Before an Event accepts electronic payments, the Organization must have payment terms in place with us, accepted by an authorized representative. Those terms govern fees, payouts, refunds, chargebacks, and disputed or reversed payments. Unless they say otherwise, the Organization is responsible for refunds, chargebacks, payment reversals, and related provider fees for its Event, and will reimburse us on request for any of those amounts that we bear. Nothing in these Terms limits any duty that charitable-fundraising, payment, or other law places on us.

Authorization. By submitting a payment, the Supporter authorizes the total shown at checkout to be charged to the selected payment method. That total may include a separately shown platform and processing fee. A charge may appear on a statement under the eQuack or Derby Duck Races name, the Organization’s name, or the Event’s name.

Platform and processing fee. The fee is set by the Organization’s signed agreement, order form, or platform settings. Depending on the Organization’s configuration, the Supporter or the Organization may pay it. When a Supporter pays it, the fee is shown as a dollar amount before payment, is retained by Derby Duck Races for the platform and payment-related services, and is not a charitable contribution.

Payments that do not complete. Payment providers, card networks, and banks make their own decisions to authorize, hold, review, decline, or reverse payments, including through automated fraud screening. We do not control those decisions, we do not guarantee that an attempted payment will be collected, and we are not responsible for payments they hold, delay, decline, or reverse, or for fundraising proceeds that are not collected as a result. Payment status shown in eQuack reflects the latest information the payment provider has reported to us. It may be delayed and can change.

Cooperation. Organizations and Supporters must provide accurate information and reasonably cooperate in investigating chargebacks, disputes, suspected fraud, and unauthorized transactions.

Offline transactions. Cash, check, and other offline transactions may be recorded in eQuack for reporting, but eQuack does not process them or handle those funds.

Except where the law requires otherwise, fee refunds follow the terms disclosed before payment or in the Organization’s agreement with us. All amounts are in U.S. dollars.

7. Email and text messages

eQuack sends transactional messages needed to operate the Services, such as account notices, receipts, order confirmations, duck numbers, payment notices, and Event updates.

Organizations may also use eQuack to send fundraising or promotional messages. The Organization is responsible for having the required permission to contact each recipient and for complying with the laws that apply to email, telemarketing, and text messages. Organizer Users and Organizations may not upload or use a contact list they do not have the right to use, send deceptive or unsolicited messages, ignore unsubscribe or STOP requests, or use automated messages in a way that violates the law or carrier rules.

Text-message consent collected through eQuack applies only to texts sent through eQuack for the Organization it was given to. It does not transfer. Text messaging is available only for the Events and message types approved for our messaging service.

Text message program terms

These terms apply to the eQuack Event Texts program.

• What you will receive. If you text an Event keyword to our number, we reply with a link to adopt and send messages about the order you place, such as confirmations and duck numbers. If you separately opt in to text updates for an Event, you also agree to receive reminders, results, and fundraising messages about that Event from the Organization named when you sign up. eQuack delivers these messages on the Organization’s behalf.
• Consent is optional. Agreeing to receive text messages is not a condition of adopting, donating, or buying anything.
• Frequency and cost. Message frequency varies by Event. Message and data rates may apply.
• How to stop. Reply STOP to any message to cancel. We also honor replies such as QUIT, END, CANCEL, UNSUBSCRIBE, and OPT OUT. Replying STOP stops all texts from our number, not only one Organization’s. You may receive one message confirming that you are unsubscribed.
• How to get help. Reply HELP, or email info@duckrace.com.
• Carriers. Mobile carriers are not liable for delayed or undelivered messages.
• Privacy. We do not sell mobile numbers or text-message consent, and we do not share them with third parties or affiliates for their marketing. See our Privacy Policy.

8. Acceptable use

You may not use eQuack to:

• Conduct an unlawful Event or operate without a required license, permit, registration, or approval.
• Make false or misleading statements about an Organization, Event, use of funds, prize, sponsor, tax treatment, fee, or fundraising result.
• Process payments unrelated to a legitimate Event, or use the Services for money laundering, fraud, sanctions evasion, or other prohibited activity.
• Upload content that is unlawful, infringing, defamatory, deceptive, threatening, exploitative, or obscene.
• Harass people, impersonate another person or Organization, or interfere with another user’s participation.
• Access or attempt to access another Organization’s information without authorization.
• Breach, probe, disrupt, overload, scrape, or reverse engineer the Services, except where the law does not allow that restriction.
• Introduce malware, harmful code, automated abuse, or fraudulent traffic.
• Resell or provide the Services to a third party except as part of operating an authorized Event.
• Use information obtained through eQuack to build competing products, unauthorized marketing lists, or personal profiles unrelated to the Event.

We may investigate suspected misuse and cooperate with payment providers, Organizations, regulators, and law enforcement when appropriate and lawful.

9. Content and intellectual property

Organization content. As between Derby Duck Races and the Organization, the Organization keeps its rights in the Event copy, logos, photographs, files, contact lists, supporter records, and other content it or its users provide (“Organization Content”). The Organization grants us a non-exclusive, worldwide, royalty-free license to host, store, copy, format, display, transmit, back up, secure, and otherwise process Organization Content as reasonably necessary to provide and support the Services, display Event pages and send the communications its users configure, process and reconcile payments for its Events, prevent fraud and abuse, comply with law and enforce our agreements, and create aggregated or de-identified analytics. The Organization represents that it has the rights and permissions needed for Organization Content, including photographs, logos, contact lists, and information about identifiable people.

eQuack. eQuack, the Derby Duck Races names and marks, and our software, designs, templates, and documentation belong to Derby Duck Races or its licensors. Subject to these Terms and any signed agreement, authorized users receive a limited, non-exclusive, non-transferable, revocable right to use the Services for the Organization’s Events. No other rights are granted. We may use feedback and suggestions without restriction or compensation, subject to the Privacy Policy and the confidentiality paragraph below.

Confidentiality. Each of us will protect the other’s non-public business information, such as pricing, product plans, and security details, with reasonable care and use it only for our work together, unless it was lawfully obtained without restriction or the law requires disclosure.

AI-assisted features. If an Organizer User chooses to use an AI-assisted feature, the prompt and relevant Event content are processed by an AI service provider to generate a draft. Generated material may be inaccurate, incomplete, similar to material generated for others, or unsuitable for an Event. The Organizer User and Organization are responsible for reviewing it before publishing or relying on it. Do not submit sensitive personal information or payment-card information to these features.

Copyright complaints. If you believe content on eQuack infringes your copyright, send a written notice to info@duckrace.com with the subject line “Copyright notice,” or to the address in Section 19, Attn: Copyright Notice. Include your contact information, identification of the copyrighted work, the location of the material, a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law, a statement that the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner, and your physical or electronic signature. We may remove or restrict material while reviewing a complaint. Our copyright policy provides for terminating, in appropriate circumstances, the accounts of repeat infringers.

10. Privacy and security

Our Privacy Policy explains what information we collect and how we handle it.

For Supporter personal information collected through an Organization’s Event, the Organization decides how that information is used for its own fundraising, and we process it on the Organization’s behalf. We also use it for the limited purposes of our own described in the Privacy Policy.

Organizations and Organizer Users must handle personal information obtained through eQuack lawfully and consistently with the notices and permissions given to the people concerned, and must not direct us to use it unlawfully.

No system can be guaranteed secure. Users must tell us promptly about suspected unauthorized access, compromised credentials, or misuse of Organization information.

11. Third-party services and availability

The Services rely on third-party providers for functions such as payment processing, authentication, communications, hosting, analytics, and optional AI-assisted features. Those providers may apply their own terms to the services they provide. To the fullest extent permitted by law, we are not responsible for failures or acts of third-party networks, devices, banks, carriers, or services outside our reasonable control.

We work to keep eQuack reliable, especially around race day, but we do not guarantee uninterrupted or error-free operation unless a signed agreement expressly provides a service level. The Services may be affected by maintenance, internet and cellular outages, payment-provider interruptions and fraud controls, device compatibility, and other circumstances outside our reasonable control. Organizations should keep reasonable race-day and payment contingencies.

12. Suspension and termination

These Terms apply while you use the Services. An Organizer User may stop using their account at any time. An Organization’s signed agreement controls the term, renewal, fees, and termination of its commercial relationship with Derby Duck Races.

We may suspend or terminate access when a user or Organization materially breaches these Terms or a signed agreement; when required by law, a court, a regulator, or a payment or technology provider; when continued access creates a material legal, payment, privacy, fraud, or security risk; or when amounts owed remain unpaid after any required notice and cure period. When circumstances reasonably allow, we will give notice and a chance to fix the problem first.

After termination, the right to use the Services ends. Subject to the Organization’s signed agreement and legal and security requirements, we will make the Organization’s data available for export on request for 30 days after termination. We may keep records as described in the Privacy Policy or as the law requires.

Provisions that by their nature should survive termination, including those on fees owed, intellectual property, disclaimers, liability, indemnification, and disputes, survive.

13. Disclaimers

The Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not guarantee that an Event is lawful in a particular place, that an Organization will reach a fundraising goal, that a Supporter will win a prize, that every payment a Supporter attempts will be authorized or collected, that generated content, templates, rules, receipts, or reports are legally or factually complete, or that the Services will be uninterrupted, error free, compatible with every device, or immune from security incidents.

We do not provide legal, tax, accounting, charitable-gaming, or investment advice.

14. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost donations, uncollected, held, declined, or reversed payments, loss of goodwill, or loss of data, even if advised that such damages were possible. This exclusion does not limit a party’s obligation to pay fees or other amounts owed, or the Organization’s obligations under Section 15.

For a claim brought by an Organization or Organizer User, Derby Duck Races’ total liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the total fees attributable to the Organization’s use of eQuack during the 12 months before the event giving rise to the claim, whether paid by the Organization or by Supporters, or (b) one hundred U.S. dollars ($100). Neither this limit nor the exclusion above reduces any amount we owe an Organization under an applicable agreement or the law, whether or not that agreement is signed.

For a claim brought by a Supporter, Derby Duck Races’ total liability will not exceed the greater of the amount the Supporter paid through eQuack during the 12 months before the event giving rise to the claim or one hundred U.S. dollars ($100).

These exclusions and limits do not apply to liability that cannot lawfully be excluded or limited. Some places do not allow certain exclusions or limits, so parts of this section may not apply to you.

15. Indemnification

The Organization will defend, indemnify, and hold harmless Derby Duck Races and its officers, employees, contractors, and affiliates from third-party claims, damages, losses, fines, penalties, and reasonable legal fees to the extent arising from:

• The Organization’s Event, including its raffle, drawing, entries, prizes, winners, venue, volunteers, or operations.
• The Organization’s failure to obtain or maintain a required license, permit, registration, approval, or bond.
• Organization Content or the Organization’s instructions to us.
• The Organization’s fundraising, tax, receipting, advertising, or supporter communications, including emails and text messages sent at its direction or to contacts it supplied.
• The Organization’s handling of personal information.
• The conduct of Organizer Users acting on its behalf.
• The Organization’s material breach of these Terms, a signed agreement, or the law.

This obligation does not apply to the extent a claim is caused by Derby Duck Races’ own material breach, gross negligence, or willful misconduct. We will give reasonably prompt notice of an indemnified claim and reasonable cooperation at the Organization’s expense. The Organization may control the defense with qualified counsel, but may not agree to a settlement that admits wrongdoing by Derby Duck Races, imposes obligations on it, or does not fully release it, without our written consent, which we will not unreasonably withhold.

16. Governing law and disputes

Organizations and Organizer Users. These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Before filing a legal action, the party raising a dispute must describe it in writing to the other party (for us, info@duckrace.com) and allow 30 days to try to resolve it informally. To the extent the law allows, neither party will raise a limitations defense based on that 30-day period, and either party may file sooner to preserve a deadline or to seek urgent relief. A dispute under a signed agreement follows that agreement’s notice procedure. A dispute that is not resolved informally may be brought only in a state or federal court located in Phoenix, Maricopa County, Arizona, and each party consents to jurisdiction and venue there. Claims must be brought individually, and not in a class, consolidated, or representative proceeding, and each party waives the right to a jury trial, in each case to the fullest extent permitted by law.

Supporters. Please contact us at info@duckrace.com before filing a claim so we can try to resolve it. Asking does not restrict your access to court or change any filing deadline. These Terms are governed by the laws of the State of Arizona, except that you keep the benefit of any consumer-protection law of the place where you live that cannot be waived by contract. A dispute will be brought in a state or federal court located in Maricopa County, Arizona, unless the law where you live gives you the right to bring it at home, and a qualifying small claims case may be brought in any court the law permits. To the fullest extent the law allows, you and we agree to bring claims only on an individual basis and not as part of a class action. This does not limit any right you have to seek public injunctive relief or to contact a government agency.

17. Changes to these Terms

We may update these Terms. Changes apply going forward only. They do not alter a completed transaction or a dispute that has already arisen unless the law requires it or the affected person agrees.

For a material change affecting Organizer Users or Organizations, we will give notice by email or in the Services and ask for acceptance of the updated Terms before continued signed-in use. For other changes, we will update the “Last updated” date. Supporters are subject to the version presented when they submit an order or entry.

18. General provisions

These Terms, the Privacy Policy, and any signed agreement or order form make up the agreement governing the relevant use of eQuack. If they conflict:

• A signed agreement, and any order form under it in the order of priority that agreement sets, controls the commercial relationship between Derby Duck Races and the Organization, including fees, payouts, liability limits, indemnification, and notices. Nothing accepted electronically in the Services amends a signed agreement unless a writing signed by both parties says so.
• The Organization’s official Event rules control Event-specific eligibility, entry, prizes, and winner selection.
• These Terms control access to and use of the eQuack platform. They do not expand the software licensed under a signed agreement. Access to a version that agreement excludes requires the separate signed document the agreement calls for.
• The Privacy Policy controls our handling of personal information.

A failure to enforce a provision is not a waiver. If a provision is held unenforceable, it will be modified only as much as necessary and the rest will remain in effect. You may not assign these Terms without our written consent. Derby Duck Races may assign them in connection with a merger, reorganization, acquisition, sale of all or substantially all of its business or assets, or transfer to an affiliate.

Nothing in these Terms creates a partnership, joint venture, franchise, or employment relationship. Except for the indemnified parties in Section 15, these Terms create no third-party beneficiary rights. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations that had already accrued.

You consent to electronic transactions and records. Checking an acceptance box, clicking an acceptance button, or submitting an order after being shown these Terms is your electronic signature, and we may provide notices, receipts, and records electronically, except where a signed agreement requires another method of notice. You may request a paper copy by contacting us.

19. Contact us

Questions about these Terms may be sent to info@duckrace.com. Written notices may be mailed to:

Derby Duck Races, LLC
3409 N 7th Ave, PMB 2126
Phoenix, AZ 85013