These terms and conditions (the "Terms") govern your application for, scheduling and holding a fundraising event or events (each, an "Event") at a WACKY'S or its affiliates or authorized operators (collectively, WACKY'S") location. Event requests are NOT guaranteed unless your submitting organization ("Organization" or "you" for purposes of these Terms) receives a confirmation email from WACKY'S. To be considered for approval of an Event, you must submit accurate information and both the Event and the Organization must be appropriate for a family-friendly environment, as determined in WACKY'S sole discretion. You represent and warrant that all information provided to WACKY'S regarding the Organization shall be accurate and complete in all respects.

If your Event and its proposed date are approved by WACKY'S, the following additional conditions apply:

• For each approved Event, WACKY'S will donate fifteen percent (15%) of net food sales (excluding tax, tips, and discounts) for each transaction accompanied by a Flyer that is presented by a customer at the time of purchase during the Event. Purchases of WACKY'S gift cards, and online ordering do not count toward the net food and beverage sales for the Event.
• WACKY'S (or its participating location for the approved store location, as applicable) will mail a check to the Organization for the total donation amount no more than 90 days following the Event.
• You will be provided with one electronic version of the Event fundraising flyer (the "Flyer") for copying and distribution by the Organization as described below.
  • The Flyer artwork, excluding your name, is owned by WACKY'S and may ONLY be used by you as described in these Terms.
  • You have the right but not the obligation, solely in connection with the Event, to: (1) at your own expense, send Flyers to all supporters in your database; (2) post the Flyer to your website; and (3) distribute the Flyer to the Organization’s employees, friends, families and members of the community to promote the Event.
  • The Organization may make copies of the Flyer at its own expense; all other advertising costs related to the Event incurred by the Organization are also the responsibility of the Organization.
• In connection with the Event, WACKY'S grants you a limited, non-exclusive, non-transferable, royalty-free right and license to use, reproduce and publicly display WACKY'S name, trademarks and logo (collectively, the "WACKY'S Marks") as embodied in the Flyer and to promote or otherwise factually describe the Event. WACKY'S shall have the right to monitor the quality of your use of its name, trademarks, and logo. You shall not use the WACKY'S Marks in any manner other than for the limited purposes of the Event as described herein. You acknowledge and agree that: (i) you shall not use the WACKY'S Marks in a manner likely to diminish the WACKY'S Marks' commercial value; (ii) you shall not permit any third party to use the WACKY'S Marks unless authorized to do so in writing by WACKY'S; (iii) you shall not use or permit the use of any mark, name, or image likely to cause confusion with the WACKY'S Marks; (iv) all goodwill associated with your use of the WACKY'S Marks shall inure to WACKY'S; (v) the WACKY'S Marks are and shall remain the sole property of WACKY'S; (vi) nothing in these Terms shall confer in the Organization any right of ownership in the WACKY'S Marks; and (vii) you shall not now or in the future contest the validity of the WACKY'S Marks.
• All scheduled Events are subject to cancellation by WACKY'S at any time for any reason.