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THE DUKE ELLINGTON FOUNDATION

SMS Text Messaging Terms of Service

A 501(c)(3) Nonprofit Organization

Effective Date: July 8, 2026  |  Document Version: 1.0

 

 

1. INTRODUCTION & PROGRAM OVERVIEW

 

The Duke Ellington Foundation (hereinafter "the Foundation," "we," "us," or "our") is a 501(c)(3) nonprofit organization dedicated to growing the game of golf in the Millington, TN and surrounding community.

The Foundation operates an SMS text messaging program (the "Program") to communicate with donors, supporters, volunteers, community members, and other interested individuals (collectively, "Users" or "you") regarding its charitable mission, programs, events, and fundraising initiatives.

These SMS Terms of Service (the "Terms") govern your participation in the Foundation's SMS messaging Program. By opting into the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not opt into or continue participation in the Program.

The Foundation's SMS Program is operated in compliance with applicable federal and state law, including the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, CTIA Messaging Principles and Best Practices, and all applicable carrier guidelines.

 

2. USER CONSENT & OPT-IN

 

2.1 Methods of Obtaining Consent

The Foundation obtains express written consent from Users through one or more of the following opt-in methods:

  • Web Form Opt-In: By completing and submitting an online form on the Foundation's website (www.dukeellingtonfoundation.org) that includes a clear SMS consent disclosure and checkbox;

  • Keyword Opt-In: By texting a designated keyword (e.g., JOIN, ELLINGTON, or other program-specific keywords) to the Foundation's designated short code or long code number;

  • Point-of-Donation Opt-In: By affirmatively selecting an SMS communication option during an online or in-person donation process; or

  • Other Affirmative Consent Methods: By any other clearly disclosed, affirmative opt-in mechanism offered by the Foundation from time to time.

2.2 Consent Not a Condition of Donation or Purchase

Consent to receive SMS messages is not required as a condition of making a donation to the Foundation, purchasing event tickets, or accessing any Foundation program or service. Participation in the SMS Program is entirely voluntary.

2.3 Age Requirements

  • Users must be at least 13 years of age to receive general informational messages, program updates, and event announcements.

  • Users must be at least 18 years of age to receive donation solicitations, fundraising appeals, or any donation-related communications.

  • By opting in, you represent and warrant that you meet the applicable age requirement for the type of messages you will receive.

2.4 Carrier Confirmation

By opting into the Program, you confirm that you are the account holder or have the account holder's permission to opt into SMS messaging on the mobile device and phone number provided. The Foundation is not responsible for messages sent to a number that has been reassigned or transferred to a different subscriber.

2.5 Double Opt-In Process

To ensure valid consent and protect Users from unauthorized enrollment, the Foundation may employ a double opt-in process, as follows:

  • Step 1 – Initial Opt-In: You submit your mobile number and express consent via one of the methods described in Section 2.1.

  • Step 2 – Confirmation Message: You receive a confirmation SMS from the Foundation requesting that you confirm your enrollment by replying YES or the designated confirmation keyword.

  • Step 3 – Enrollment Confirmed: Upon receipt of your confirmation reply, your enrollment in the Program is activated and you will begin receiving messages.

If no confirmation reply is received within the specified timeframe, the mobile number will not be enrolled in the Program.

 

3. MESSAGE FREQUENCY

 

Message frequency may vary based on the Foundation's activities, campaigns, and programming schedule. Users should expect to receive approximately 4 to 8 messages per month under normal program operations.

 

3.1 Types of Messages

The Foundation may send the following categories of SMS messages to enrolled Users:

  • Event announcements, invitations, and reminders;

  • Fundraising campaigns and charitable giving appeals;

  • Donation receipts and acknowledgment notifications;

  • Program updates and arts education news;

  • Donor and supporter acknowledgments;

  • Volunteer opportunities and engagement updates;

  • Scholarship and grant announcements; and

  • General organizational news related to the Foundation's charitable mission.

3.2 Emergency or Special Event Communications

During major fundraising campaigns, special events, concerts, galas, or emergency circumstances relevant to the Foundation's operations, message frequency may temporarily exceed the estimated range disclosed above. The Foundation will endeavor to keep supplemental messaging relevant, timely, and mission-aligned.

 

Note: Message frequency is estimated and not guaranteed. Actual frequency will depend on the Foundation's programming calendar and organizational needs at the time of transmission.

 

4. MESSAGE AND DATA RATES

 

Message and data rates may apply. Standard text messaging and data rates charged by your wireless carrier will apply to all messages sent and received through the Program, including opt-in and opt-out confirmation messages.

  • The Foundation does not charge any fee for participation in the SMS Program itself;

  • The Foundation is not responsible for any charges assessed by your wireless carrier, including but not limited to per-message fees, plan overage charges, or data charges;

  • Charges imposed by your carrier are governed solely by your mobile service agreement with that carrier; and

  • Users are encouraged to review their wireless carrier's pricing plan and consult their carrier directly to understand any applicable charges before enrolling in the Program.

 

5. OPT-OUT PROCEDURES

 

5.1 Global Opt-Out (All Messages)

You may unsubscribe from all Foundation SMS messages at any time by replying STOP to any message received from the Foundation. Upon receipt of your STOP request, the Foundation will send a single confirmation message acknowledging your opt-out, and no further messages will be sent to your number unless you subsequently re-enroll.

5.2 Selective Opt-Out (Specific Message Types)

Where applicable and technically supported, you may opt out of a specific category of messages by replying STOP [KEYWORD], where [KEYWORD] corresponds to the specific program or message category. For example:

  • STOP EVENTS – to unsubscribe from event announcements only;

  • STOP DONATE – to unsubscribe from fundraising and donation-related messages only.

Availability of selective opt-out may vary depending on the technical capabilities of the messaging platform in use at the time of your request.

5.3 Re-Enrollment

Users who have opted out may re-enroll in the Program at any time by texting START or the original enrollment keyword to the Foundation's designated number, or by completing a new opt-in form on the Foundation's website.

5.4 Alternative Opt-Out Methods

In addition to the keyword-based opt-out described above, Users may request removal from the SMS Program by contacting the Foundation directly via:

 

6. HELP & SUPPORT

 

For assistance with the SMS Program at any time, reply HELP to any Foundation message. You will receive a response with support information and contact details.

You may also contact the Foundation directly using the following information:

 

Email: info@dukeellingtonfoundation.org

Website: www.dukeellingtonfoundation.org

 

The Foundation strives to respond to all support inquiries within two (2) business days.

​

7. SUPPORTED CARRIERS

 

The Foundation's SMS Program is designed to operate on major U.S. wireless carrier networks. Supported carriers include, but are not limited to:

  • AT&T

  • Verizon Wireless

  • T-Mobile (including former Sprint customers migrated to the T-Mobile network)

  • U.S. Cellular

  • Boost Mobile

  • Cricket Wireless

  • MetroPCS

  • Virgin Mobile

Not all wireless carriers are supported. The Foundation cannot guarantee that messages will be delivered on all networks or to all devices. Service availability may vary by carrier, geographic location, device type, and network conditions. The Foundation is not responsible for the failure of any message to be delivered due to lack of carrier support or network limitations.

​

8. CARRIER LIABILITY DISCLAIMER

 

The following terms apply with respect to wireless carrier involvement in the SMS Program:

  • Carrier Non-Liability: Wireless carriers, including but not limited to those listed in Section 7, are not liable for delayed or undelivered messages. Carriers are not sponsors or co-administrators of the Foundation's SMS Program and bear no responsibility for the content, accuracy, or timeliness of any messages transmitted through the Program.

  • Foundation Non-Liability for Network Issues: The Foundation is not responsible for any delays, failures, or interruptions in message delivery caused by wireless carrier network outages, technical failures, system maintenance, or other circumstances outside the Foundation's reasonable control.

  • "As-Is" Basis: SMS messages transmitted through the Program are provided on an "as-is" and "as-available" basis. The Foundation makes no representations or warranties regarding the timeliness, reliability, or completeness of any message delivered through the Program.

​

9. PROGRAM ELIGIBILITY & GEOGRAPHIC RESTRICTIONS

 

Participation in the Foundation's SMS Program is subject to the following eligibility requirements:

  • Geographic Limitation: The Program is available exclusively to mobile subscribers within the United States, including the fifty (50) states and the District of Columbia. The Program is not available to Users located outside the United States.

  • Valid U.S. Mobile Number Required: Users must provide a valid U.S. mobile telephone number capable of receiving standard SMS text messages. The Foundation reserves the right to verify the validity of submitted phone numbers prior to enrollment.

  • Age Eligibility: As stated in Section 2.3, Users must meet applicable minimum age requirements for the message types they will receive.

  • Account Holder Responsibility: Users are responsible for ensuring that their participation complies with their wireless carrier's terms of service and that they are authorized to receive SMS messages on the submitted mobile number.

​

10. MODIFICATION OF TERMS

 

The Foundation reserves the right to modify, amend, or update these Terms at any time, in its sole discretion, to reflect changes in applicable law, CTIA guidelines, carrier policies, or the Foundation's operational needs.

  • Effective Date of Changes: Modifications to these Terms will be effective upon the date specified in the updated Terms or, if no date is specified, upon posting to the Foundation's website.

  • Notice of Material Changes: For material changes to these Terms, the Foundation will make reasonable efforts to provide advance notice to enrolled Users via SMS message and/or a notice posted on the Foundation's website at www.dukeellingtonfoundation.org.

  • Continued Participation as Acceptance: Your continued participation in the SMS Program following the effective date of any modified Terms constitutes your acceptance of the updated Terms. If you do not agree to any modified Terms, you must opt out of the Program in accordance with Section 5 of these Terms.

  • Review Responsibility: Users are encouraged to review the current version of these Terms periodically on the Foundation's website.

​

11. TERMINATION

 

The Foundation reserves the right to terminate, suspend, or discontinue the SMS Program, in whole or in part, at any time and for any reason, including but not limited to changes in applicable law, technology, carrier policies, or organizational priorities.

  • Notice to Users: When practicable, the Foundation will provide enrolled Users with advance notice of program termination via SMS and/or a notice posted on the Foundation's website.

  • Individual Termination: The Foundation also reserves the right to remove individual Users from the Program at its discretion, including in cases of suspected misuse, fraudulent activity, or violation of these Terms.

  • Effect of Termination: Upon termination of the Program or an individual User's participation, no further messages will be sent to the affected mobile number(s), and any accumulated consent records will be retained in accordance with the Foundation's data retention policies and applicable law.

​

12. DONOR & SUPPORTER COMMUNICATION PRACTICES

 

As a 501(c)(3) charitable nonprofit organization, the Foundation is committed to responsible and ethical communication with all donors, supporters, and members of the community. The following practices govern the Foundation's use of SMS communications:

​

12.1 Mission Alignment

All SMS communications sent by the Foundation are aligned with its charitable mission as previously described. The Foundation will not use the SMS Program for commercial marketing unrelated to its nonprofit mission.

12.2 Privacy and Data Practices

  • No Third-Party Sale or Sharing: The Foundation will not sell, rent, trade, or otherwise disclose your mobile phone number to third-party marketers, commercial vendors, or unaffiliated organizations for marketing purposes.

  • The Foundation's broader Privacy Policy, available at www.dukeellingtonfoundation.org, governs the collection, use, and protection of all personal information, including mobile phone numbers.

12.3 Compliance with Nonprofit Solicitation Laws

All donation-related SMS communications transmitted through the Program comply with applicable federal and District of Columbia nonprofit solicitation statutes, including requirements for proper charitable organization identification and disclosure. The Foundation's 501(c)(3) status will be clearly reflected in donation-related messages where required by law.

 

13. LIMITATION OF LIABILITY

 

To the fullest extent permitted by applicable law:

  • No Warranties: The Foundation makes no express or implied warranties, representations, or guarantees with respect to the SMS Program, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or reliability of message delivery.

  • Limitation of Damages: In no event shall the Foundation, its officers, directors, employees, agents, affiliates, or volunteers be liable to any User or third party for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to participation in the SMS Program, including but not limited to loss of data, loss of revenue, or any failure of message delivery.

  • Maximum Liability: The Foundation's total aggregate liability arising from or related to the SMS Program shall not exceed the amount, if any, paid by the User to the Foundation in the three (3) months preceding the event giving rise to the claim. As the SMS Program is provided at no charge to Users, the Foundation's maximum liability shall be zero dollars ($0.00) absent extraordinary circumstances.

  • Nonprofit Status: Nothing in these Terms shall be construed to impose liability on the Foundation inconsistent with its status as a 501(c)(3) nonprofit organization under applicable federal and District of Columbia law.

 

14. GOVERNING LAW & REGULATORY COMPLIANCE

 

14.1 Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. Any dispute arising from or related to these Terms or the SMS Program shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in Tennessee.

14.2 TCPA Compliance

The Foundation's SMS Program is operated in compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and the regulations promulgated thereunder by the Federal Communications Commission (FCC). The Foundation obtains express written consent prior to sending marketing or fundraising text messages and honors all opt-out requests without delay.

14.3 CTIA Compliance

The Foundation adheres to the CTIA Messaging Principles and Best Practices, including requirements for clear disclosure of message frequency, applicable charges, opt-in and opt-out mechanisms, and program identification in all messages.

14.4 CAN-SPAM Act

To the extent applicable, the Foundation's electronic communications comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.), including requirements for accurate header information, clear identification of commercial messages, and a functional opt-out mechanism.

14.5 State Law Compliance

The Foundation is committed to compliance with all applicable state laws governing SMS marketing, nonprofit solicitation, and electronic communications, including any state-specific requirements applicable to Users' state of residence.

 

15. CONTACT INFORMATION

 

For questions, concerns, or correspondence regarding these Terms or the Foundation's SMS Program, please contact:

 

Organization: The Duke Ellington Foundation

Email: info@dukeellingtonfoundation.org

Website: www.dukeellingtonfoundation.org

Tax-Exempt Status: 501(c)(3) Nonprofit Organization

 

 

 

The Duke Ellington Foundation  |  SMS Text Messaging Terms of Service  |  Effective Date: July 8, 2026  |  Version 1.0

www.dukeellingtonfoundation.org  |  501(c)(3) Nonprofit Organization  |  

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