Terms of Use

These Terms of Use (“Terms”) govern your use of the Wine Chips Rally fundraising platform at rally.winechips.com (the “Platform”), operated by Wine Chips, Inc., 61675 M 40, Paw Paw, MI 49079 (“Wine Chips”, “we”, “us”). By creating an account, placing an order, or otherwise using the Platform, you agree to these Terms and acknowledge our Privacy Policy.

Please read Section 14. It requires most disputes to be resolved by individual binding arbitration instead of in court, waives class actions, and explains how to opt out within 30 days.

1. How Rally fundraising works

• Organizers set up a fundraising campaign for a school, team, club, nonprofit, or other group (the “Organization”). Sellers (participants) share a personal fundraising page. Supporters buy Wine Chips products through those pages.
• Wine Chips, Inc. is the seller of every product. We take payment, ship the order, handle customer service and returns, and pay the Organization its fundraising share.
• The Organization’s share. The Organization receives the percentage of the product price shown on the fundraising page and at checkout (50% unless a different percentage is shown), calculated on paid orders, less any order refunded under Section 7. Shipping, handling, and sales tax are not included. Wine Chips keeps the remainder to cover the cost of products, fulfillment, payment processing, and operating the Platform.
• Purchases are not donations. You are buying products from Wine Chips, Inc. A purchase is not a charitable contribution to the Organization or to Wine Chips and is not tax-deductible. Wine Chips is a for-profit company, not a charity, and does not solicit donations.
• “Raised” amounts shown on fundraising pages are the Organization’s share of qualifying sales to date. They are estimates until the campaign closes and are reduced by any later refund.

2. Eligibility and accounts

• Organizers must be at least 18 years old.
• Sellers aged 13 to 17 may hold an account with the permission and involvement of a parent or legal guardian.
• A seller under 13 may not create their own account. A parent or legal guardian (or the Organizer, with the parent’s permission) must create and control the account, provide their own email address, and decide what appears on the child’s page. The adult who creates the account accepts these Terms on the child’s behalf. We recommend using a first name only for minors.
• Supporters check out as guests and do not need an account. You must be at least 18, or have a parent or guardian’s permission, to place an order.
• Give accurate information, keep your password secure, and tell us promptly at hello@winechips.com if you suspect unauthorized use. You are responsible for activity on your account.

3. Organizers

If you create or manage a campaign, you represent and agree that:

• You are authorized to run the fundraiser on behalf of the named Organization and to invite its participants, and the information you give us about the Organization (including whether it is a tax-exempt charity) is accurate.
• The Organization is responsible for its own legal obligations, including any charitable-solicitation registration that applies to it, and the rules of its school, district, league, or governing body.
• You will describe the fundraiser truthfully. Don’t tell supporters that “all proceeds” go to the Organization, that purchases are donations, or that they are tax-deductible.
• You will use supporter information you can see on the Platform (such as names, email addresses, and what they bought) only to run, thank supporters for, and follow up on that fundraiser, in line with our Privacy Policy and applicable law. Don’t sell it, add it to unrelated mailing lists, or share it outside the Organization.
• Before a payout, the Organization will give us the payment and tax information we reasonably request (for example, a completed IRS Form W-9).

4. Sellers and fundraising pages

• Your page content (name, photo, message, goal) must be yours to share, must be truthful, and must not infringe anyone’s rights or be hateful, harassing, sexual, or unsafe. We may edit or remove content or pages that break these Terms.
• Public fundraising pages show a seller’s first name only. Leaderboards require signing in and are visible only to the campaign’s participants and organizers.
• Share your link with people you know. Don’t send spam, mass unsolicited texts or emails, or automated messages. You are responsible for messages you send.
• Purchases are credited to a seller when made through that seller’s link or page. Sellers do not receive money personally; the fundraising share is paid only to the Organization.
• Any user under 18 may ask us to remove content they posted on the Platform by emailing hello@winechips.com.

5. Orders, pricing, and payment

• Prices are in U.S. dollars. Before you pay, checkout shows the product price, shipping (based on live carrier rates for your address, including handling), any sales tax required for your shipping address, and the total.
• Payments are processed by Stripe. Card details go directly to Stripe; we never see or store your full card number. Your order is accepted when payment succeeds and we email your confirmation.
• We may cancel and fully refund an order if a product becomes unavailable, a price or listing error occurs, or the order appears fraudulent.
• Products are food. Read the ingredient and allergen information on the package before eating, and contact us with any questions before you order.

6. Shipping

We ship to addresses in the United States. Because Rally orders are part of a fundraiser, we ship orders on the schedule set in our agreement with the Organization running the campaign. That may mean orders are packed and shipped together, including after the campaign ends. We do not guarantee any processing time, shipping speed, or delivery date. The shipping option you choose at checkout selects the carrier service used once your order ships; it does not change when your order ships, and carrier transit times are not guaranteed. We email tracking when your order ships.

As the law requires, if we cannot ship your order within 30 days of the order date, we will tell you and give you the choice of a revised shipping date or cancellation for a full refund.

7. All sales are final

Fundraiser purchases are final. Because each order immediately counts toward an Organization’s fundraiser, we do not accept returns, exchanges, or cancellations, and do not give refunds for a change of mind. The only exceptions are the ones below, which the law requires and which this policy does not limit:

• Damaged, defective, or wrong items: tell us at hello@winechips.com within 30 days of delivery (a photo helps). We will replace the item at no cost to you, or refund it, including the shipping you paid, if we can’t replace it. You don’t need to send it back unless we ask.
• Orders we can’t ship: if we can’t ship within 30 days of your order (and you choose to cancel, as described in Section 6), cancel an order, or a product is unavailable, we refund what you paid for it.
• Billing errors: duplicate or incorrect charges are corrected and refunded.

Refunds go back to the original payment method, usually within 5–10 business days. A refunded order is removed from the seller’s and Organization’s totals. Nothing in this section limits any right you have under applicable law.

8. Payouts to Organizations

We pay the Organization’s share (Section 1) after the campaign ends, by check or ACH to the Organization (never to an individual seller), within 7 days after the campaign ends. If we don’t yet have the Organization’s payment and tax information, we pay within 7 days after we receive it. Totals shown during a campaign are estimates. If an order is refunded or charged back after a payout, we may deduct that order’s share from a future payout to the Organization. Orders placed in test mode never earn a payout.

9. Test campaigns

The Platform may run in a clearly labeled test mode during setup. Orders placed in test mode are not charged, shipped, or paid out, and may be deleted.

10. Acceptable use

Don’t misuse the Platform. That includes fraud, false or misleading fundraising claims, scraping or automated access, interfering with security or other users, accessing another Organization’s data, or using the Platform in violation of law.

11. Intellectual property and your content

The Platform, the Wine Chips name and logos, and our product images belong to Wine Chips, Inc. You keep ownership of content you upload. You give us a non-exclusive, royalty-free license to host, display, and reproduce it on the Platform and in messages promoting your campaign, for as long as it remains on the Platform and for a reasonable time after that to wind down campaign materials.

12. Disclaimers

Except as stated in these Terms, the Platform is provided “as is” and “as available”. We don’t promise any fundraising result or that the Platform will be uninterrupted or error-free. This does not limit any warranty on products that applicable law does not allow us to disclaim.

13. Limitation of liability

To the extent permitted by law, Wine Chips is not liable for indirect, incidental, special, consequential, or punitive damages, and our total liability for any claim relating to the Platform or a purchase is limited to the greater of the amount you paid us in the 12 months before the claim or $100. Nothing in these Terms limits liability for personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under applicable law, including the Texas Deceptive Trade Practices–Consumer Protection Act and California consumer protection law.

14. Dispute resolution and arbitration

• Talk to us first. Before filing a claim, email hello@winechips.com with a description of the issue. We will try to resolve it informally within 30 days.
• Arbitration. If we can’t resolve it, you and Wine Chips agree that any dispute relating to these Terms, the Platform, or a purchase will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (adr.org). We will pay the filing, administration, and arbitrator fees that those rules assign to the business. The arbitration may be held by video or phone, or in person in the county where you live. Either party may instead bring an individual claim in small claims court.
• No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, or representative proceeding.
• Public injunctive relief. Nothing here waives your right to seek public injunctive relief where applicable law (including California law) does not allow that right to be waived. Any such request will be decided by a court after the individual arbitration is complete.
• Opt out. You can reject this Section 14 by emailing hello@winechips.com within 30 days after you first accept these Terms, with your name and the subject “Arbitration opt-out”.
• If this Section 14 does not apply to a dispute, it will be decided in a state or federal court with jurisdiction over the county where you live, or in Delaware.

15. Governing law

These Terms are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory consumer laws of the state where you live (for example, Texas or California), which these Terms do not override.

16. Termination

You may stop using the Platform at any time and ask us to close your account. We may suspend or close accounts or campaigns that violate these Terms. Paid orders will still be fulfilled or refunded, and earned Organization shares will still be paid under Section 8 unless the campaign was fraudulent.

17. Notice for California residents

Under California Civil Code §1789.3, California users are entitled to this notice: you can reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

18. Changes to these Terms

We may update these Terms. We will post the new version here with a new “Last updated” date and, for material changes, notify account holders by email or on the Platform. Changes apply going forward; the Terms in effect when you placed an order govern that order.

19. Contact

Wine Chips, Inc.
61675 M 40, Paw Paw, MI 49079
hello@winechips.com · 800-501-3316