Terms of Use

1.Acceptance of Terms

These Terms of Use (these “Terms”) constitute a legally binding agreement between you and the Plant Scherer Chapter of Citizens of Georgia Power (the “Chapter,” “we,” “us,” or “our”) governing your access to and use of this website (the “Site”) and your registration for, sponsorship of, donation to, or participation in any fundraising event organized by the Chapter (each, an “Event”). By accessing the Site, submitting a registration, making a payment, or participating in an Event, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Site or participate in any Event.

If you register or make a payment on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and “you” shall include that entity.

2.The Operator

The Site and each Event are operated by the Chapter, an unincorporated chapter of Citizens of Georgia Power State Organization, a nonprofit organization recognized as exempt from federal income tax under Section 501(c)(4) of the Internal Revenue Code of 1986, as amended (the “Code”). The Chapter is the sole contracting party with respect to any registration, sponsorship, donation, raffle entry, or other transaction conducted through the Site.

Citizens of Georgia Power is an organization of employees and retirees of Georgia Power Company. Notwithstanding that affiliation, neither Georgia Power Company nor Southern Company, nor any of their respective affiliates, subsidiaries, officers, directors, or employees acting in that capacity (collectively, the “Company Parties”), operates the Site, organizes any Event, or is a party to any transaction hereunder. No Company Party has made, and none shall be deemed to have made, any representation, warranty, or undertaking with respect to the Site or any Event, and the Company Parties shall have no liability of any kind arising out of or relating to the same.

3.Registration, Sponsorship, and Payment

1. All registrations, sponsorships, and raffle entries are subject to availability and to acceptance by the Chapter in its sole discretion. Submission of a registration or payment does not, by itself, guarantee a place in an Event until confirmed by the Chapter.
2. Prices are stated in United States dollars. Card payments are processed by Square, Inc. or its affiliates (“Square”), a third-party payment processor, on a page operated by Square and subject to Square’s own terms and privacy policy. The Chapter does not receive, transmit, or store payment card numbers. Payments by check are due in accordance with the instructions stated on the applicable invoice and are not deemed received until the check has cleared.
3. Stated prices are inclusive of payment-processing costs. The net proceeds of an Event, after the costs of conducting the Event, are distributed to the beneficiary organizations described in Section 5.
4. ALL SALES ARE FINAL. Except as required by applicable law, no refunds, credits, or exchanges shall be issued. The Chapter may, in its sole and absolute discretion and without obligation, entertain a written request for a refund, and any refund so granted shall be made solely by check and shall not constitute a waiver of this Section as to any other transaction.
5. The Chapter reserves the right to cancel, postpone, or modify any Event, in whole or in part, for any reason, including without limitation weather, safety, insufficient participation, or circumstances beyond its reasonable control. In the event of cancellation, the Chapter’s sole obligation shall be, at its election, to apply amounts paid to a rescheduled Event or to refund such amounts by check.

4.Tax Matters

The Chapter is exempt from federal income tax under Section 501(c)(4) of the Code, and not under Section 501(c)(3). Accordingly, payments made to the Chapter — including registration fees, sponsorship payments, raffle purchases, and donations — are not deductible as charitable contributions under Section 170 of the Code.

Whether any payment may be deductible for any other purpose, including as an ordinary and necessary business expense, depends upon your individual circumstances. The Chapter makes no representation of any kind regarding the tax treatment of any payment, and nothing on the Site or in any communication from the Chapter constitutes tax, legal, or accounting advice. You should consult your own tax advisor. A Form W-9 for the Chapter is available upon request.

5.Beneficiary Organizations

1. The organizations that receive net proceeds from an Event (the “Beneficiary Organizations”) are selected by the Chapter and are separate and independent legal entities. The Chapter does not own, control, operate, manage, govern, or supervise any Beneficiary Organization, and no Beneficiary Organization owns, controls, or operates the Chapter, the Site, or any Event.
2. The Chapter’s relationship with each Beneficiary Organization is limited to the making of a donation. The Chapter has no responsibility for, and makes no representation or warranty regarding, the governance, management, finances, programs, expenditures, solicitations, conduct, or compliance with law of any Beneficiary Organization, or the use to which any Beneficiary Organization puts funds received from the Chapter.
3. The names, logos, and marks of Beneficiary Organizations are displayed on the Site solely to identify the intended recipients of net proceeds. Such display does not constitute, and shall not be construed as, an endorsement, sponsorship, certification, or approval of the Chapter or any Event by any Beneficiary Organization, or of any Beneficiary Organization by the Chapter or any Company Party.
4. The selection of Beneficiary Organizations, the allocation of net proceeds among them, and the amount and timing of any distribution are within the sole and absolute discretion of the Chapter and may change without notice. No participant, sponsor, donor, or purchaser shall have any right to direct, restrict, or enforce any distribution.

6.Venue, Participation, and Assumption of Risk

1. Events are held at venues owned and operated by third parties (each, a “Venue”). No Venue is affiliated with the Chapter, and the Chapter does not control the condition, operation, staffing, or safety practices of any Venue. Use of a Venue is subject to the Venue’s own rules, which you agree to observe.
2. YOU ACKNOWLEDGE THAT PARTICIPATION IN AN EVENT — INCLUDING WITHOUT LIMITATION SPORTING CLAYS, TRAP, SKEET, OR OTHER SHOOTING SPORTS, AND GOLF — INVOLVES INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, SERIOUS BODILY INJURY, AND DEATH, WHICH MAY ARISE FROM THE ACTIONS OF OTHER PARTICIPANTS, THE CONDITION OF THE VENUE OR EQUIPMENT, WEATHER, OR YOUR OWN CONDUCT. YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS.
3. As a condition of participation, each participant will be required to execute a separate release and waiver of liability in the form prescribed by the Chapter and/or the Venue before taking part in any Event activity. These Terms do not replace or limit that release, and a participant who has not executed it may be refused participation without refund.
4. Each participant is solely responsible for the safe handling of any firearm, ammunition, or equipment in their possession or control, for compliance with all applicable federal, state, and local law, and for compliance with all range-safety and Venue rules and the instructions of Event officials. The Chapter may remove any person from an Event, without refund, for conduct it deems unsafe or inappropriate.

7.Raffles

1. Any raffle conducted in connection with an Event is conducted by the Chapter as a nonprofit, tax-exempt organization pursuant to, and subject to the limitations of, O.C.G.A. § 16-12-22.1 and any license issued thereunder by the sheriff of the county in which the raffle is conducted. Void where prohibited by law.
2. Eligibility to purchase a raffle ticket, and to receive any prize, is subject to the age, residency, and other requirements stated on the applicable raffle page and under applicable law. Where a prize consists of a firearm, the winner must be legally eligible to possess that firearm under all applicable federal, state, and local law; transfer shall be completed only through a federally licensed firearms dealer, following a successful background check; and no firearm shall be delivered directly by the Chapter. A winner who is ineligible, or who fails to complete a required transfer within the period specified by the Chapter, forfeits the prize.
3. Raffle tickets are non-refundable and non-transferable. The purchaser of record, as identified at the time of payment, is the sole entrant for the tickets purchased, regardless of any indication that tickets were purchased for the benefit of another person. Prizes are awarded as described and have no cash value; no cash substitution shall be made except at the sole election of the Chapter or as required by law. A winner need not be present at the drawing to win.
4. The winner is solely responsible for any taxes, fees, transfer costs, or other charges associated with a prize. The Chapter may require a winner to furnish identification and to execute such documents as the Chapter deems necessary, including any documentation required for tax reporting.

8.Sponsor Recognition

By purchasing a sponsorship, you grant the Chapter a non-exclusive, royalty-free license to use your name, trade name, logo, and marks (your “Marks”) in connection with the applicable Event, including on the Site, on signage, and in printed, electronic, and social-media materials, for the purpose of recognizing your sponsorship. You represent and warrant that you own or are authorized to license your Marks for such use. The Chapter shall have no obligation to use your Marks in any particular manner and makes no guarantee regarding the placement, prominence, or duration of any recognition. Sponsorship of an Event does not constitute an endorsement of the sponsor by the Chapter, any Beneficiary Organization, or any Company Party.

9.Acceptable Use

You agree not to use the Site for any unlawful purpose; to submit false, misleading, or fraudulent information; to register or purchase on behalf of another person without authority; to interfere with the operation or security of the Site; or to access, or attempt to access, any account, record, or system without authorization. The Chapter may suspend or terminate access to the Site, and cancel any registration, for any violation of these Terms.

10.Disclaimer of Warranties

The Site, and all content, materials, and services made available through it, are provided “as is” and “as available,” without warranty of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or that the Site will be uninterrupted, timely, secure, or error-free. To the fullest extent permitted by applicable law, the Chapter disclaims all such warranties.

11.Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Chapter, Citizens of Georgia Power State Organization, any Company Party, any Beneficiary Organization, any Venue, or any of their respective officers, directors, members, volunteers, agents, or representatives (collectively, the “Released Parties”) be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Site, these Terms, or any Event, however caused and under any theory of liability, even if advised of the possibility of such damages. The aggregate liability of the Released Parties for any claim arising out of or relating to the Site, these Terms, or any Event shall not exceed the amount actually paid by you to the Chapter for the transaction giving rise to the claim. Some jurisdictions do not permit certain limitations, in which case the foregoing shall apply to the maximum extent permitted.

12.Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site; (b) your participation in, or the participation of any person you register for, any Event; (c) your breach of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) any Marks or other content you furnish to the Chapter.

13.Governing Law and Venue

These Terms, and any dispute arising out of or relating to these Terms, the Site, or any Event, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts sitting in or having jurisdiction over Monroe County, Georgia, and waive any objection to such venue.

14.General Provisions

1. Modification. The Chapter may amend these Terms at any time by posting the amended Terms on the Site and revising the date above. Amendments are effective upon posting. Your continued use of the Site, or participation in an Event, after posting constitutes acceptance of the amended Terms.
2. Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
3. No Waiver. The Chapter’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
4. Entire Agreement. These Terms, together with the Privacy Policy, any Event-specific rules published on the Site, and any release or waiver executed by a participant, constitute the entire agreement between you and the Chapter regarding their subject matter and supersede all prior or contemporaneous understandings.
5. Assignment. You may not assign or transfer these Terms or any registration, sponsorship, or raffle entry without the Chapter’s prior written consent. The Chapter may assign these Terms to Citizens of Georgia Power State Organization or any successor.

15.Contact

Questions regarding these Terms may be directed to: