Fan Capture — Terms of Use

1. Who We Are and What This Is

Fan Capture is a fan engagement and lead capture product operated by Punchup Labs ("Punchup Labs," "we," "our," or "us"), a company that builds tools and platforms for comedians and live entertainment. Fan Capture pages are created and managed by individual comedians, performers, and creators ("Creators") who use the Punchup platform to run promotions, sweepstakes, and email campaigns for their fans.

By submitting your information on any Fan Capture page (each a "Campaign Page"), you ("Fan," "you," or "your") agree to these Terms of Use and acknowledge that submitting your information creates a Punchup account, making you a registered user of the Punchup platform. If you do not agree, do not submit your information.

2. Information We Collect

When you submit your information on a Campaign Page, you may be asked to provide one or more of the following:

You are only required to provide the fields marked as mandatory on the specific Campaign Page you are completing. All other fields are optional.

3. How Your Information Is Used

Your information is collected for the following purposes:

By the Creator. The comedian or entertainer who created the Campaign Page will use your contact information to send you updates, promotional offers, tour announcements, and other communications related to their work. If the Campaign Page includes a sweepstakes, your information will also be used to administer the promotion and contact winners.

By Punchup Labs. As the operator of the Fan Capture platform, Punchup Labs receives and stores all submitted fan data. Submitting your information creates a Punchup account, which allows Punchup to provide you with a unified fan experience across all Punchup-powered events and comedians. Punchup may use this information to operate and improve the Fan Capture product, to provide the Creator with analytics and contact management tools, and to send you information about Punchup's own products, events, and services where you have not opted out. Punchup will not sell your personal information to unaffiliated third parties.

By Third-Party CRM Services. If the Creator has connected a third-party email marketing platform (such as Klaviyo or Mailchimp), your email address and name may be automatically added to a mailing list managed by that platform. Each of those platforms operates under its own privacy policy.

4. Your Consent to Email Communications

By submitting your email address on a Campaign Page, you expressly consent to receive email communications from both the Creator and Punchup Labs. Submitting your information creates a Punchup account, and you will receive a welcome email from Punchup confirming your registration. You may unsubscribe from any email list at any time by clicking the "Unsubscribe" link in any email you receive. Unsubscribing from the Creator's list does not automatically unsubscribe you from Punchup's list, and vice versa. Your Punchup account is also governed by the Punchup Fan Terms of Service.

5. Sweepstakes and Promotions

Some Campaign Pages are associated with a sweepstakes or prize promotion. All such promotions are governed by separate Official Sweepstakes Rules, which are linked on the applicable Campaign Page. In the event of any conflict between these Terms of Use and the Official Sweepstakes Rules, the Official Sweepstakes Rules will control with respect to the promotion.

No purchase is necessary to enter or win any sweepstakes run through Fan Capture. A purchase does not improve your chances of winning.

6. Eligibility

Fan Capture Campaign Pages are intended for individuals who are at least 18 years of age (or the age of majority in their jurisdiction, whichever is greater). By submitting your information, you represent and warrant that you meet this age requirement. Residents of jurisdictions where such promotions are prohibited by law are not eligible to participate.

7. Prohibited Uses

You agree to use Fan Capture Campaign Pages only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:

• Use any automated tool, bot, script, macro, or other means to submit entries to any Campaign Page or to access the Fan Capture platform;
• Submit false, inaccurate, incomplete, or misleading information, including entering under a false name or email address;
• Enter a sweepstakes or promotion on behalf of another person without their express consent;
• Attempt to gain multiple entries to a sweepstakes beyond those permitted by the applicable Official Sweepstakes Rules;
• Interfere with or disrupt the operation of any Campaign Page or the Fan Capture platform;
• Use any Campaign Page in any manner that violates applicable federal, state, local, or international law or regulation; or
• Engage in any conduct that could damage, disable, overburden, or impair the Fan Capture platform or interfere with any other party's use of it.

Punchup reserves the right to disqualify any entry or submission that it reasonably believes was made in violation of these Terms.

8. Data Retention and Your Rights

Punchup retains submitted fan data for as long as the Creator's account is active and for a reasonable period thereafter. You may request access to, correction of, or deletion of your personal data by contacting us at [email protected]. Residents of California have additional rights under the California Consumer Privacy Act (CCPA), and residents of the European Economic Area have rights under the General Data Protection Regulation (GDPR). Please refer to Punchup's full Privacy Policy for a complete description of your rights and how to exercise them.

9. Disclaimer of Warranties

The Fan Capture platform and all Campaign Pages are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Punchup does not warrant that the platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Punchup does not warrant the accuracy, completeness, or usefulness of any content on any Campaign Page. Your use of any Campaign Page is solely at your own risk.

10. Indemnification

You agree to indemnify, defend, and hold harmless Punchup Labs and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of any Campaign Page; (b) your violation of these Terms of Use; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party right, including without limitation any intellectual property right or privacy right.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Punchup and the Creator shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your participation in any Campaign Page or promotion, even if Punchup has been advised of the possibility of such damages. Punchup's total liability to you for any claim arising out of these Terms shall not exceed fifty dollars ($50.00 USD).

12. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

13. Changes to These Terms

Punchup reserves the right to modify these Terms of Use at any time. The "Last Updated" date at the top of this page reflects the most recent revision. Your continued use of any Fan Capture Campaign Page after changes are posted constitutes your acceptance of the revised Terms.

14. Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

15. Entire Agreement

These Terms of Use, together with the applicable Official Sweepstakes Rules (if any) and Punchup's Privacy Policy, constitute the entire agreement between you and Punchup Labs with respect to your use of any Fan Capture Campaign Page and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.

16. Contact

For questions about these Terms of Use or your personal data, contact:

For legal notices and DMCA copyright infringement claims, please contact: