1. Basic Terms

By providing us with your email address, you agree to provide true, accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information and credentials.

You may use the Service (including, but not limited to, any programs, or Contests, as applicable) only if you are of legal age in your country of residency, or have we have received the written consent of one or both of your Parent(s) (as applicable), and you are not otherwise barred from accessing the Service under the laws of the United States or country of residence. By using this Site, or our Service, you represent and warrant that you meet these requirements. Where the foregoing user is a minor, the foregoing representation and warranty is made by their Parent(s). If you do not meet these requirements, you must not access or use the Service. Parents (as defined below) are responsible for supervising the minor’s use of the Service and for ensuring compliance with these Terms.

You may not use our Service for any illegal or unauthorized purpose.

2. Your License to the Site

LDF gives you a personal, worldwide, royalty-free, revocable, non-sublicensable, non-assignable and non-exclusive license to use the Service (which may include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to your ongoing compliance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by LDF, in the manner permitted by these Terms. No rights not explicitly listed here are granted to you. If you are under the age of 18, this license is granted subject to the consent and supervision of your parent or legal guardian.

The rights to use the Service are licensed, not sold, to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, or make a derivative work from the software underlying or incorporated into the Service.

All logos and slogans on the Service are trademarks of LDF, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of LDF or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “LDF”, “Luka Dončić”, or any other name, trademark or product or service name of LDF without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LDF and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

The intellectual property rights in all software and content (including videos, photographic images, and other graphics) made available to you on or through the Service are and shall remain the property of LDF and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by LDF and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Service nor may you use any such content in connection with any business or commercial enterprise.

3. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on the Service is not accurate, complete, or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk to the extent permitted by applicable law. The Service may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service, except as may be required by applicable law. Where required by applicable law, any material changes we make to the contents will be appropriately communicated to you. You agree that it is your responsibility to monitor changes to the Service, and these Terms as they appear on the Site.

4. Modifications to the Site

The Service may change from time to time. In addition, LDF may stop offering the Service -- permanently or temporarily, in whole or in part – to you or to users generally, where such changes or discontinuation are justified by legitimate reasons, including, without limitation, technical, security, operational, legal, or regulatory requirements. Where practicable, LDF shall endeavor to provide reasonable prior notice of any material changes to, or discontinuation of, the Service. Nothing in this Section shall affect or limit any mandatory statutory rights or remedies available to consumers under applicable law, including, without limitation, the rights afforded to consumers under applicable consumer protection legislation.

5. Optional Tools

We may provide you with access to third-party tools, such as donation widgets. We do not monitor and do not have control over those tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. To the extent permitted by law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools offered through the Services. If you use optional tools offered through the Services, you do so entirely at your own risk and you should ensure that you are familiar with, and accept, the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

6. Third Party Links

Certain content available via the Service may include materials from third parties. Third-party links on the Service may direct you to third-party websites that are not affiliated with us and we do not endorse such third parties, their websites, or their actions. Such links are provided for convenience only and we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties, to the extent permitted by applicable law. To the extent permitted by applicable law we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party, to the extent permitted by applicable law.

You may not use any LDF logo or other proprietary graphic of LDF to link to the Service without the express written permission of LDF. Further, you may not use, frame or utilize framing techniques to enclose any LDF trademark, logo or other proprietary information, including the images found on the Service, the content of any text, or the layout/design of any page or form contained on a page on the Site without LDF’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of LDF or any third party.

7. User Comments, Feedback and Other Submissions

If, at our request, you (and, where applicable, your parent or legal guardian) send certain specific submissions (for example, Contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, on a worldwide and perpetual basis, at any time, revise, edit, copy, publish, distribute, translate, and otherwise use in any medium any feedback that you provide to us, and may grant sublicenses of these rights as necessary to provide and/or improve the Services (on a perpetual basis), comply with applicable law (while you are using the Service and for a reasonable amount of time thereafter), and/or administer Contests (such license lasting for the term of the Contest plus two (2) years), as applicable, or to the extent necessary to comply with applicable law. Where the user is under the age of 18, such license is granted with the consent of the user’s parent or legal guardian. Unless expressly stated, we are and shall be under no obligation (1) to maintain any Submissions in confidence, except as otherwise expressly indicated by you, to the extent that a Submission contains PII (as defined in our Privacy Policy), or as we otherwise may indicate at the time of receiving a Submission; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions, to the extent permitted by applicable law. We may, but have no obligation (except as required by applicable law) to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You (and, where applicable, your parent or legal guardian) agree and warrant that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree and warrant that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. To the extent permitted under applicable law we take no responsibility and assume no liability for any comments posted by you or any third party.

8. Persona Information

The Luka Dončić Foundation, as data controller, will process your submission of personal information to us, through the Service or otherwise, for managing your access and use of the Service.

You may exercise your rights under Articles 15-22 of the EU General Data Protection Regulation (GDPR), by contacting us at info@lukadoncicfoundation.org.

For more information on how your personal data is processed, please visit our Privacy Policy https://lukadoncicfoundation.org/privacy-policy/.

9. Prohibited Uses

In addition to other restrictions set forth in these Terms, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including but not limited to creating and using avatars or other images that infringe the copyrights or trademark rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others, or to provide the personal information of others without the necessary permission to do so; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate any person or business; (l) to direct or encourage anyone to do something that is unsafe, or that any reasonable person would believe to be unsafe; (m) to stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Service; (n) to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or (o) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Where the Service is used by minors, Parents are responsible for supervising such use and ensuring compliance with these Terms. We reserve the right to take appropriate and proportionate measures in response to violations of these Terms, including to suspend or terminate your use of the Service or any related website for violating any of the prohibited uses.

10. Disclaimer of Warranties; Limitation of Liability

WE WILL USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICE BUT, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT YOU WILL BE ABLE TO PARTICIPATE IN OR ATTEND ANY GIVEN CONTEST.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ANY INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (OTHER THAN WITH RESPECT TO CONTESTS) WILL BE ACCURATE OR RELIABLE.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, AND YOUR PARTICIPATION IN ANY CONTEST(S), IS AT YOUR SOLE RISK EXCEPT TO THE EXTENT THAT MANDATORY LAW PROVIDES YOU WITH SPECIFIC RIGHTS OR REMEDIES. THE SITE AND ANY OTHER WEB-BASED SERVICES (OTHER THAN THE CONTESTS) ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. THIS CLAUSE DOES NOT EXCLUDE OR LIMIT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LDF, ITS AFFILIATES, OR THEIR RESPECTIVE OWNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR VOLUNTEERS BE LIABLE FORANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LDF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES or (b) any OTHER damages in excess of $500.00. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LDF'S LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION WOULD BE DISPROPORTIONATE OR OTHERWISE PROHIBITED UNDER APPLICABLE, MANDATORY LAW, INCLUDING, WITHOUT LIMITATION, ANY APPLICABLE CONSUMER PROTECTION LEGISLATION. IN PARTICULAR, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO LIABILITY ARISING FROM 1) death or personal injury caused by our own act or omission; 2) our fraud or fraudulent misrepresentation; 3) damage caused by our WILFUL MISCONDUCT OR GROSS NEGLIGENCE; 4) OR TO ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

11. Indemnification

You (or your Parent(s) if you are not the age of majority in your country of residence) agree to indemnify, defend, and hold harmless LDF and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party to the extent due to or arising out of: (a) breach of these Terms, the Privacy Policy (https://lukadoncicfoundation.org/privacy-policy/), or the documents they incorporate by reference; (b) unlawful use of the Service; (c) violation of any applicable law or the intellectual property, publicity, or privacy rights of a third party, including, but not limited to your Submissions where such violation is attributable to you; or (d) acts or omissions resulting in personal injury or property damage. To the extent prohibited by applicable mandatory law, the indemnification obligations set out in this Section shall not apply to users who are minors, nor to the extent a Parent or other adult user is residing in a jurisdiction where such obligations cannot be imposed on consumers.

12. Children/Minors

If you are under the age of majority/adulthood in the country where you reside, we must receive the prior written consent of your parent(s) or legal guardian(s) (each, a “Parent”) as required by COPPA, the GDPR, and other applicable laws relating to the consent of minors and Parents before you can use the Service, participate in any Contest(s) under the supervision of your Parent(s), and before we can process any of your PII (as defined in our Privacy Policy). Please note, there may be specific eligibility requirements regarding age for a given Contest, and you (and your Parent(s), if applicable) should review the materials and eligibility requirements for a Contest before applying. Please also note that parental consent to participate in Contests will be required for children under the age of majority in their resident country. In particular, where the law of your country of residence requires that your Parent give or authorize consent for you to use the Service or participate in Contest(s), we will request that your Parent provide such consent through the methods we make available. More information on parent/guardian consent can be found in our Privacy Policy, available here,https://lukadoncicfoundation.org/privacy-policy/.

13. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by (a) providing us with written notice that you wish to terminate and (b) permanently ceasing all use of the Service. If you visit the Site, or use the Service generally, thereafter, the Terms will apply again, as of that time.

In addition, your right to access and use the Service will terminate immediately where we reasonably determine that: (a) you have committed a material breach any of these Terms, or (b) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition in bankruptcy; or (c) you initiate any legal actions in violation of these Terms, against any of LDF, and/or its officers, directors, affiliates, agents, attorneys and employees. Notwithstanding the foregoing, paragraph (c) of this Section shall not apply to consumers domiciled or habitually resident in any jurisdiction where such provision would contravene applicable mandatory law, including, without limitation, relevant consumer protection laws. Nothing in these Terms shall be construed as limiting or restricting the right of any consumer to initiate legal proceedings before the competent courts or consumer authorities to the extent applicable law prohibits such limitation or restriction of your rights.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. All provisions that by their nature are intended to survive termination shall survive, including, without limitation, Sections 7, 8, 10, 11, 12, 15, 16, and 17.

We reserve the right, in our sole discretion, to protect our users from violators and violations of these Terms, including, but not limited to, restricting your use of the Services, restricting your ability to upload Submissions, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, we have the right, to the extent permitted by applicable law, to suspend or terminate your access to the Service (including cancelling, or banning you from participating in, any Contest(s)), where reasonably necessary to protect the Service, other users, or LDF’s legitimate interests, and such right shall not be limited to violations of these rules of conduct.

14. Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

15. Entire Agreement

No failure on the part of LDF to enforce any part of these Terms shall constitute a waiver of any of LDF’s rights under these terms, whether for part or future actions on the part of any person. Neither the receipt of any funds by LDF or the reliance of any person on LDF’s actions shall be deemed to constitute a waiver of any part of these Terms. Only an express, specific, and written waiver signed by an authorized representative of LDF shall have any legal effect whatsoever.

These Terms, the Privacy Policy (https://lukadoncicfoundation.org/privacy-policy/), and any policies or operating rules posted by us on or with respect to our Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms), except that nothing in this clause shall limit any rights or protections granted to you under applicable mandatory law. In the event of a conflict between these Terms and terms specifically created in relation to a Contest, the terms of the Contest shall take precedence.

16. Applicable Law; Venue

Without limiting anything the arbitration agreement in Section 17 (Disputes) below, these Terms and all matters or issues arising from or relating to the Terms or the Service will be governed by, construed, and enforced in accordance with the laws of the State of Delaware without regard to conflict-of-laws principles. Except as expressly set forth in Section 17 below, all disputes shall be brought to an arbitrator or federal or state court (as applicable), in Wilmington, Delaware. YOU (OR YOUR PARENT(S)) AND LDF AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN WILMINGTON, DELAWARE AND HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE. Notwithstanding the foregoing, if you are a consumer domiciled or habitually resident in a jurisdiction where applicable law prohibits such choice of law and/or venue limitations: (a) the choice of law set forth in this Section shall not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence; and (b) you shall retain the right to bring proceedings in the courts of your domicile in accordance with applicable law (including, but not limited to, Article 6(2) of the Rome I Regulation).

17. Disputes

For the purposes of this Section 17, “Dispute” shall mean any dispute, claim, controversy or action between you and LDF that arises from or relates to your use of the Service, these Terms, or any other transaction or interaction involving you and LDF, relating to the Service, whether in contract, warranty, misrepresentation, tort, statute, regulation, ordinance, or any other legal or equitable basis; provided, however, that “Dispute” shall not include any claim or cause of action by LDF against you for alleged: (1) trade secret misappropriation; (2) patent infringement; (3) copyright infringement or misuse; (4) trademark infringement or dilution or (5) any claim that, as a matter of applicable law, must be brought in a specific court or forum. Any such excluded matter may be brought in the courts identified in Section 16 (Applicable Law; Venue), unless the parties agree otherwise in writing.

YOU AND LDF AGREE THAT ANY DISPUTE WILL BE RESOLVED SOLELY AND EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A CONSUMER DOMICILED OR HABITUALLY RESIDENT IN A COUNTRY WHERE THE FOREGOING MANDATORY BINDING ARBITRATION PROVISION WOULD VIOLATE APPLICABLE MANDATORY CONSUMER PROTECTION LAW, THEN SUCH ARBITRATION PROVISION SHALL NOT APPLY TO YOU. IN SUCH CASES, ANY DISPUTE SHALL BE RESOLVED BEFORE THE COMPETENT COURTS, THROUGH THE CONSUMER ARBITRATION MECHANISMS, OR SIMILAR DISPUTE RESOLUTION PROCEEDINGS PROVIDED UNDER APPLICABLE LAW.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms (and the applicable law) as would a court, to the extent permitted by applicable law.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Luka Dončić Foundation, 5420 LBJ Freeway, Suite 410, Dallas, TX 75240, USA.

Arbitration pursuant these Terms will be administered by the American Arbitration Association (“AAA”) under its then-current Commercial Arbitration Rules then in effect, shall be conducted in English before a single arbitrator, and shall be held in Wilmington, Delaware unless you and LDF agree otherwise. To the extent permitted by the applicable AAA rules and the arbitrator, either party may request that the arbitration be conducted in whole or in part by telephone, video conference, and/or on the basis of written submissions. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties. To the extent that you are under the age of majority in your country of habitual residence, arbitration must be initiated by your Parent(s) on your behalf.

Payment of all AAA filing, administration, and arbitrator fees will be governed by AAA's rules, but LDF shall not be responsible to pay your attorneys' fees, unless required by applicable law. You are responsible for all costs that you incur in the arbitration, including, without limitation, fees for attorneys or expert witnesses, to the extent permitted by applicable law.

WAIVER OF CLASS ACTION AND CLASS ARBITRATIONS. YOU AND LDF AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN COURT (IF PERMITTED) OR IN ARBITRATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND LDF AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

TO THE EXTENT ANY DISPUTE IS PERMITTED TO BE BROUGHT IN COURT UNDER THIS SECTION YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in this Section shall be construed to limit or restrict the right of consumers to bring, join, or benefit from collective, group, or representative actions available under the mandatory laws of their country of habitual residence for the protection of the collective interests of consumers or its national implementing legislation.

Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by either sending 1) a written letter to Luka Dončić Foundation, 5420 LBJ Freeway, Suite 410, Dallas, TX 75240, USA, Attn: Legal Department, or an email to info@lukadoncicfoundation.org, within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Site) that specifies: (1) your name; (2) your mailing address; (3) your email address; (4) your phone number and (5) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section 17. In the event that you opt-out consistent with the procedures set forth above, all other provisions of these Terms shall continue to apply. For consumers habitually resident in a country where a requirement to arbitrate or waiver of right to class action is prohibited, the statutory rights to collective redress recognized under applicable mandatory law shall apply irrespective of whether such opt-out procedure is followed.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, if you are a consumer domiciled or habitually resident in a jurisdiction where mandatory law prescribes a longer limitation period, such longer period shall apply.

If any provision in this Section 17 is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect.

18. Changes to These Terms

From time to time, LDF may change these Terms in its sole discretion. All such changes are effective upon the date we post them to the Site and apply to all access to and use of the Service thereafter. It is our policy to post any changes we make to these Terms on this page with a notice on the Site’s home page. If, however, we make material changes to these Terms, we will endeavor to notify you individually in advance indicating the nature of the change and when the changes take effect. Continued use of the Service after the effective date of the changes, where the user/participant has been duly notified, will constitute acceptance of the amended Terms.. If you do not agree to such amended Terms, you must terminate your use of the Service without penalty, and, where you are a minor, your Parent(s) may withdraw consent to your use of the Service.

19. Contact Information

Questions about these Terms should be sent to us at info@lukadoncicfoundation.org, or you may contact us at Luka Dončić Foundation, 5420 LBJ Freeway, Suite 410, Dallas, TX 75240, USA.

Complaints, claims, and consumer queries may be submitted through any of the following channels: (a) by email at info@lukadoncicfoundation.org; (b) by postal mail to Luka Dončić Foundation, 5420 LBJ Freeway, Suite 410, Dallas, TX 75240, USA; or (c) by telephone at +1 219 249 4551. LDF shall acknowledge receipt of any complaint and endeavor to respond within one (1) month from the date of receipt. Depending on your domicile or country of habitual residence, as a consumer, you may also have the right to submit complaints to the competent consumer protection authorities or to access alternative dispute resolution (ADR) entities recognized under applicable regulations, including the European Online Dispute Resolution platform available at https://ec.europa.eu/consumers/odr.

20. Copyright and Intellectual Property Notice

In accordance with the U.S. Digital Millennium Copyright Act, and equivalent applicable laws (including, without limitation, the EU Copyright Directive 2019/790), we respond to notices of alleged copyright infringement and terminate access to the Service for repeat infringers, to the extent permitted by applicable law. If you believe that materials on our Service infringe your copyright, please send the following information to the Copyright Agent named below:

i. your address, telephone number, email address, and your physical or electronic signature;

ii. a description of the work that you claim is being infringed;

iii. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

iv. a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;

v. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

vi. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

If you receive a notification from us that content you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to our copyright agent, and include substantially the following information:

i. Your physical or electronic signature;

ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found or the competent courts of your country of residence, and that the you will accept service of process from the person who provided notification under this copyright Policy above or an agent of such person.

Copyright Agent

Luka Dončić Foundation

5420 LBJ Freeway

Suite 410

Dallas, TX 75240, USA

info@lukadoncicfoundation.org

If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

If you reside outside the U.S. and you believe that material available on or through the Service infringes your copyright or other intellectual property rights under the laws of your resident country (or which otherwise apply to you), you may also notify us using the Copyright Agent contact details above. Your notice should, at a minimum, (i) clearly identify the protected work or other subject matter you claim is infringed, (ii) clearly identify the allegedly infringing material and its location on the Service, and (iii) provide your full contact details (name, postal address, email address, and, where available, telephone number), together with a clear statement that, to the best of your knowledge, the information in your notice is accurate and that you are the right holder or are duly authorized to act on the right holder’s behalf. We will review and handle such notices in good faith, taking into account the provisions of applicable law and our obligations under these Terms. Nothing in this Section is intended to limit any mandatory rights or remedies you may have under applicable law.

If we determine that you are a repeat infringer, we may terminate your access to the Service, remove or ban you (and any Site account you created or control), and take other action that we deem appropriate, in our sole discretion.

21. Unsolicited Idea Submission Policy

We want to thank each person who has taken the time and effort to get in touch with us.

Our policy, however, is that neither LDF, nor its affiliates, nor their respective owners, employees, contractors, or agents accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including for new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, "Unsolicited Submissions"). Please do not send any Unsolicited Submissions in any form to LDF, its affiliates, or any of their respective owners, employees, contractors, or agents.

The intent of this policy is to avoid potential misunderstandings or disputes when the products, services, marketing, Contest, or other projects of LDF or its affiliates might seem similar to any Unsolicited Submissions made by you.

Terms Governing Submissions

If, despite our policy, you still submit your ideas, the following terms shall apply to your Unsolicited Submissions, regardless of what your communication states. You agree that:

The Unsolicited Submissions will not be considered confidential or proprietary except to the extent that they constitute personally identifiable information, PII (as defined in our Privacy Policy).

We (and our affiliates) may (on a worldwide and perpetual basis) use, copy, redistribute, publish, and disclose the Unsolicited Submissions to improve, administer, and publicize the Services (including Contests), without compensation to you or any other person or party.

Neither we, nor our affiliates, will have any obligation concerning the Unsolicited Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Unsolicited Submissions, except to the extent otherwise required by applicable law.

If you do not agree to these terms, please do not send us any Unsolicited Submissions.

If you are under the age of majority in your country of residence, you must not send any Unsolicited Submission unless your Parent(s) has reviewed these Terms, including this Section 21, and has agreed that any Unsolicited Submission you send will be subject to them.

By sending an Unsolicited Submission of while you are a minor, you (to the extent permitted by applicable law) represent and warrant that you have obtained such parental consent. If you have not obtained this consent, you must not send any Unsolicited Submission.

Nothing in this Section 21 limits any non‑waivable rights that you or your Parent(s) may have under applicable law, including the mandatory provisions of law where you reside.