The Face of Today Foundation (“Face of Today”) offers Vancouver high school age youth the opportunity to engage with the organization through the C.A.R.E. Passport Program (the “C.A.R.E. Program”).
Background
The C.A.R.E. Program rewards youth who exemplify Face of Today’s core values of commitment, access, resilience, and empowerment. Youth who demonstrate these qualities during Face of Today programming or workshops will be eligible to receive a Passport Stamp or be entered into a pot to win a Stamp. Passport Stamps are accumulated over the duration a participant engages in Face of Today programming and workshops. It is a monetary bursary given by Face of Today and will be paid directly to the post-secondary institution or vocational training program of the participant’s choice, and will be paid out after the participant graduates or completes the GED.
Participation in the C.A.R.E. Program is subject to compliance with the following Terms and Conditions (the“Terms”).
Before engaging in the C.A.R.E. Program, please take some time to review these Terms. The Terms may be changed or updated by Face of Today from time to time without prior notice. Participants are responsible for regularly reviewing these Terms. Face of Today encourages all participants to review these Terms carefully when participating in the C.A.R.E. Program and are encouraged to print a copy for records purposes.
These Terms include basic rules governing the C.A.R.E. Program and contain provisions that govern the resolution of legal claims. You agree that we may provide notices, disclosures, and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the C.A.R.E. Program site.
ELIGIBILITY
1. Eligible Participants: Participants in the C.A.R.E. Program must be Vancouver high school age youththat engage in Face of Today programming, events, and/or workshops. Participants may miss up to one (1) program session with prior written notice and still be eligible to receive a Passport Stamp, or be entered into a contest to win a Passport Stamp. Failure to attend more than one (1) session without written notice may affect participant eligibility to receive Passport Stamps. Upon participant’s graduation from high school, those eligible can request their C.A.R.E. Passport Stamps be converted into a Bursary and paid directly to a recognized college program, university program, job skills training program, apprenticeship program or other vocational program (an “Eligible Program”) of their choice.
2. Prohibited Conduct: You may not enter the C.A.R.E. Program for any purpose that is unlawful or prohibited. “Prohibited Conduct” includes libelous, unsportsmanlike, disruptive, harassing, and/or threatening behaviour, as well as falsifying C.A.R.E. Passport Stamps or any other behaviour that could damage, impair, or interfere with the C.A.R.E. Program and/or any other participant’s eligibility and enjoyment of the C.A.R.E. Program, or violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. Participants that engage in any Prohibited Conduct may be immediately disqualified from the C.A.R.E. Program. Face of Today reserves the right to disqualify participants at any time.
DECISIONS AND PRIZES
3. Decisions: All decisions made by Face of Today are final. Face of Today may waive any of the C.A.R.E. Program Terms or rules in its sole discretion. By participating in the C.A.R.E. Program, participants agree to be bound by the decisions of Face of Today. Participants who engage in Prohibited Conduct, violate any rule, gain unfair advantage, or obtain Passport Stamps using fraudulent means will be disqualified. If the outcome of the C.A.R.E. Program is affected by any human error, mechanical malfunctions, intentional interference, failures of any kind, or any event beyond the control of Face of Today, Face of Today reserves the right to terminate the C.A.R.E. Program or make such other changes or decisions regarding the C.A.R.E. Program that Face of Today deems appropriate.
4. Bursaries: Participants may accumulate Passport Stamps (the “Recipients”) and receive the equivalent amount of bursary upon entering a post-secondary program (the “Bursary Funds”). The Bursary Funds must be used in relation to the Recipient’s enrollment in an Eligible Program. Bursary Funds must be requested within 60 days of enrollment in an Eligible Program to enable Face of Today to transfer the funds to the given institution. Bursary Funds awarded to Recipients are not transferable and may not be exchanged for any other prize, and hold no monetary value. In the event it is determined that an ineligible participant wins Bursary Funds, Face of Today reserves all rights to the ownership and return of the Bursary Funds.
5. Recipient Requirements: Recipients must provide proof of enrollment in an Eligible Program prior to the transfer of Bursary Funds to said institution, and remain a student in good standing for the duration of the school term for which the Bursary was received. Recipients may be asked to share their experience of the C.A.R.E. Program with new youth participants. Recipients are encouraged and may be requested to check in and communicate with Face of Today about their progress in the Eligible Program either biannually or annually. Recipients must remain as a respectful and productive member of society, guided by the principles under the Face of Today C.A.R.E. Youth Code of Conduct.
6. Bursary Termination: Failure by the Recipients to maintain any of the requirements under section 5 above may result in termination of the Bursary. In addition, Face of Today may terminate a Recipient’s Bursary if (a) the Recipient does not use the Bursary Funds towards an Eligible Program, (b) the Recipient withdraws from the Eligible Program, (c) the Recipient is meted disciplinary measures related to his or her studies, (d) Recipient acts unlawfully, or (e) the Recipient fails to uphold a good public image, including display of reprehensible behaviour in online social media channels.
7. Disputes: Face of Today reserves the right, in its sole discretion, to resolve any disputes, conflicting claims or ambiguities concerning C.A.R.E. Program, and any decisions made by Face of Today will be final and binding. Should an attempt be made by a Recipient, C.A.R.E. Program participants or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of the C.A.R.E. Program, Face of Today reserves the right to assert legal action, including civil or criminal prosecution with damages against any such person to the fullest extent permitted by law. Face of Today’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
8. Taxes: The value of any C.A.R.E. Bursary awarded to a Recipient may need to be reported for tax purposes, as required by law. Each Recipient is solely responsible for reporting and paying any and all applicable taxes related to the C.A.R.E. Funds, including paying any expenses associated with the C.A.R.E. Funds.
DISCLAIMER
9. Representations & Warranties: Face of Today expressly disclaims any and all representations, warranties and conditions with respect to the C.A.R.E. Program, whether express, implied or statutory, to the fullest extent permitted by applicable laws. In addition, Face of Today does not warrant that a participant’s entry into the C.A.R.E. Program, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the C.A.R.E. Program or its server or website is free of viruses or other harmful elements.
10. Acknowledgment of Risk: By participating in the C.A.R.E. Program, all participants acknowledge that entry to the C.A.R.E. Program is at their sole risk and that participants assume full responsibility for all costs associated with all aspects of the C.A.R.E. Program, including damage necessitating repairs to any equipment used in connection with the C.A.R.E. Program. Face of Today shall not be liable for any damages of any kind, direct or indirect, related to the C.A.R.E. Program.
11. Indemnity: All C.A.R.E. Program participants and Recipients agree to defend, indemnify and hold harmless Face of Today, its employees, officers, directors and related entities from and against any and all losses, liabilities, costs and expenses including reasonable legal fees, related to a violation of any of these Terms, to the extent permitted by law.
12. Limitation of Liability: IN NO EVENT WILL FACE OF TODAY, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION IN RELATION TO THE C.A.R.E. PROGRAM BE LIABLE TO ANY C.A.R.E. PROGRAM PARTICIPANT, RECIPIENT, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO LOSS OR DAMAGE TO ANY COMPUTER, SOFTWARE OR DATA BY ANY COMPUTER VIRUS WHICH MIGHT BE TRANSMITTED OR ACTIVATED BY OR THOUGH PARTICIPATION IN THE C.A.R.E. PROGRAM OR RECEIPT OF THE BURSARY FUNDS, AND LOSS OR DAMAGE OCCASIONED BY CONTRAVENTION OF ANY LOCAL, NATIONAL R INTERNATIONAL RESTRICTION ON THE PUBLICATION OR TRANSMISSION OF iNFORMATION) ARISING OUT OF ENTRY OR INABILITY TO ENTER THE C.A.R.E. PROGRAM, ANY DECISION MADE IN RELATION TO THE C.A.R.E. PROGRAM, OR ANY OTHER ASPECT OF THE C.A.R.E. PROGRAM, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF FACE OF TODAY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
PRIVACY & SECURITY
13. Submissions: All content disclosed to Face of Today, whether submitted or offered in connection with obtaining the Passport Stamps, including but not limited to essays, compositions or articles (the “Scholarship Submissions”) shall be and remain the property of the Face of Today. Entry in the C.A.R.E. Program shall constitute an assignment to Face of Today of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Scholarship Submissions. Face of Today shall own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Scholarship Submissions. Face of Today shall be under no obligation to maintain any Scholarship Submissions in confidence, or pay any compensation or royalties for the use of any Scholarship Submissions. For this reason, participants should not submit anything that they do not wish to assign to Face of Today.
14. Use of Information: By participating in the C.A.R.E. Program, all participants and Recipients grant Face of Today exclusive permission to use their names, characters, photographs, voices, videotape, and likenesses in connection with the C.A.R.E. Program or otherwise, and waive any claims to royalty, right, or remuneration for such use. By participating in the C.A.R.E. Program, participants agree that Face of Today may disclose personal information obtained to third parties and to use such information for marketing and other purposes, to the extent permitted by law. Face of Today reserves the right at all times to disclose any information as Face of Today deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
15. Use of Cookies: From time to time, Face of Today may use a web browser feature known as a “cookie”. Each C.A.R.E. Program participant hereby consents to the use of cookies.
16. Third Parties: The online C.A.R.E. Passport may contain links to other sites which are not owned by, operated or under the control of Face of Today. Face of Today is not responsible for the collection or use of personal information by the sites of any third parties. We recommend that C.A.R.E. Program participants review the privacy policies of those third parties if they visit their websites. Face of Today does not warrant, represent or assume any responsibility or liability for the accuracy or completeness of the information contained in any linked site or any site contained in a linked site. Face of Today does not intend links on the C.A.R.E. Passport website to be referrals or endorsements of the linked sites, and are providing these links only as a convenience. Such sites are not under the control of Face of Today and Face of Today is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
17. Copyright: All information, software, HTML graphics and other material associated with the C.A.R.E. Program are protected by international copyright and trademark laws and may not be copied or reproduced without the express written permission of Face of Today. C.A.R.E. Program participants are not permitted to modify, copy, reproduce, republish, upload, post, enter into a database, create derivative works, or distribute, in whole or in part, in any manner, the contents of the C.A.R.E. Program, including text, graphics, code or software. Face of Today reserves the right to pursue any and all legal and equitable remedies available against any participant in the C.A.R.E. Program who is found to be responsible for submitting, posting, transmitting, distributing or otherwise providing the content to third parties.
18. Co-Branding: By entering the C.A.R.E. Program, participants agree not to co-brand the C.A.R.E. Program without the express prior written permission of an authorized representative of Face of Today. For these purposes, “co-branding” means to display a name, logo, trademark or other means of attribution of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the C.A.R.E. Program. Participants agree to cooperate with Face of Today in causing any unauthorized co-branding immediately to cease.
GENERAL TERMS
19. Severability: If any provision of these Terms is invalid or unenforceable under applicable law, then that provision shall be deemed omitted and the remaining provisions will continue in full force and effect.
20. Governing Law: These Terms and participation in the C.A.R.E. Program shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada, where applicable. Participants expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of British Columbia in the city of Vancouver for any legal proceeding arising out of or relating to the Terms or participation in the C.A.R.E. Program.
21. Heirs & Assigns: These Terms are binding on participants’ heirs, executors, administrators, successors and assigns.
22. No Waiver: Face of Today’s failure to insist upon or enforce strict performance of any provision of these Terms will not be constituted as a waiver of any provision or right.
23. I confirm that I have read and understood this agreement prior to signing it.