Thriving Communities Promotion
Terms and Conditions
- Sponsor. The Thriving Communities Promotion (the “Promotion”) is sponsored by the First West Foundation and First West Credit Union (the “Sponsor” or “Credit Union”).
- No Purchase Necessary. No purchase is necessary to participate in the Promotion.
- Eligibile Nominators. Legal residents of the Sponsor’s Trade Area (defined below), who have reached the age of 19 at the time of nomination are eligible to nominate a Registered Charity (“defined below) during the Promotion Period.
- Eligibile Charities. The Promotion is open to all charities registered with the Canada Revenue Agency (“CRA”), which are publicly listed on the CRA’s website, as of the date of nomination and that maintain such status until donations are awarded (individually, a “Registered Charity” or collectively, “Registered Charities”). Registered Charities must serve a community, or communities, in the Sponsor’s Trade Area in order to be eligible to receive a donation.
- Trade Area. The Sponsor’s Trade Area consists of the following regions: (i) Abbotsford, Chilliwack, Coquitlam, Delta, Hope, Kitimat, Langley, Maple Ridge, Pitt Meadows, Mission, Surrey (collectively the “Envision Financial Region”); (ii) Greater Victoria, Cowichan Valley, Ladysmith, Salt Spring, Pender Island, Nanaimo (collectively the “Island Savings Region”); (iii) Armstrong, Kamloops, Kelowna, Keremeos, Lumby, Oliver, Peachland, Penticton, Princeton, Rutland, Vernon, West Kelowna (collectively the “Valley First Region”) and (iv) Enderby (the “Enderby and District Region”)
(collectively the Envision Financial Region, Island Savings Region, Valley First Region, and Enderby and District Region are the “Trade Area”).
- Promotion Dates and Times. The Promotion begins on May 27, 2020 at 9:00 a.m. Pacific Standard Time (“PST”) and ends on July 20, 2021 at 11:59:59 p.m. PST (the “Promotion Period”) after which time the Promotion will be closed and no further nominations will be accepted.
- Nominations. At the outset of the Promotion Period and, in Sponsor’s sole discretion, periodically thereafter, the Sponsor will post on its Facebook and Instagram pages (the “Promotion Posts”) located at https://www.instagram.com/islandsavings, https://www.facebook.com/IslandSavings, https://www.instagram.com/envisionfinancial, https://www.facebook.com/envisionfinancial.ca, https://www.instagram.com/valleyfirst, and https://www.facebook.com/valley.first encouraging individuals to share their personal words of thanks to a Registered Charity serving a community in the Trade Area. The Sponsor may advertise the Promotion Posts and/or the Promotion as it sees fit in its sole and absolute discretion. You can nominate a local Registered Charity to receive a donation by:
(i) responding directly to a Promotion Post from your Facebook account;
(ii) responding directly to a Promotion Post from your Instagram account; and/or
(iii) emailing a response relating to the Promotion Post to the Sponsor at firstname.lastname@example.org
(each, a “Nomination”).
Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to participate in the Promotion, or any other methods not authorized by these Promotion Rules, for example, but not limited to, creating multiple accounts, identities or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from participating in the Promotion.
- Nomination Format and Content. Nominations must:
- be submitted either as a direct response to the Sponsor’s Promotion Post on Facebook or Instagram, or by email to email@example.com;
- be in English;
- relate to the Promotion Post;
- reference a Registered Charity;
- reference how the Registered Charity benefits a community in the Trade Area;
- be suitable for publication to a general audience;
- be no more than 250 words in length;
- not be a duplicate from the same username;
- comply with these Promotion Rules;
- comply with Facebook and/or Instagram’s Terms of Services and Rules;
- not contain any nudity, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content of any kind whatsoever;
- not contain any language suggesting or encouraging illegal activity;
- not contain any reference to or likeness of identifiable third parties, unless consent has been obtained from all such individuals and such individuals are of the age of majority;
- not contain any copyrighted works;
- not contain any third-party content that may be subject to and protected by intellectual property laws, including but not limited to music, artwork, video and photographs; and
- not contain anything that infringes or that may infringe on anyone’s rights, including intellectual property rights.
- Selection Process and Donation Allocation. Committees will be assembled by the Sponsor (each a “Committee” and collectively the “Committees”), in its sole and absolute discretion. The Committees will, in their sole and absolute discretion, select Registered Charities to receive donation(s) from amongst eligible Nominations on, without limitation, the basis of: (i) the order in which Nominations are made; (ii) regional equity; (iii) whether the nominated Registered Charity is open and inclusive to all members of the community(ies) it serves (rather than available only to private members); (iv) alignment of the nominated Registered Charity’s values with the values of the Sponsor; and (v) suitability of the Nomination (collectively, the “Selection Criteria”). With respect to Legacy Donations (defined below), the Committees may consider the number of eligible Nominations received, as well as any other factors the Committees see fit in their sole and absolute discretion. Sponsor reserves the right to amend the Selection Criteria in its sole and absolute discretion. The Committees’ decisions with respect to selecting Registered Charities and consideration/evaluation of the Selection Criteria is absolute and final. Registered Charities selected by the Committees will be eligible to receive a donation in accordance with Section 10 of these Promotion Rules.
- Donations. There is a total of $250,000.00 in donations available to be made during the Promotion which, subject to the requisite number of eligible Nominations being received and selected by the Committees, will be distributed as follows:
- $25.00 Donations. Registered Charities will be eligible to receive a $25.00 donation (a “Nomination Donation”) for each eligible Nomination selected by the Committees, up to a maximum of $2,500.00 for each Registered Charity. There is a total of $150,000.00 in Nomination Donations available to be made during the Promotion Period.
- $25,000.00 Donations. The Committees, in their sole and absolute discretion, will select up to four (4) Registered Charities that will be eligible to receive a $25,000.00 donation (a “Legacy Donation”). There is a total of $100,000.00 in Regional Donations available to be made during the Promotion Period.
Registered Charities that accept a Nomination Donation and/or a Regional Donation assume any and all liability for injury or damage caused, or claimed to be caused, by participating in this Promotion or accepting the donation. Donations must be accepted as awarded. Donations or any portion of a donation cannot be combined with other discounts, promotions or special offers. Further, Registered Charities that accept a donation agree to abide by these Promotion Rules. Awarding of a donation is conditional upon compliance with these Promotion Rules and the Registered Charity signing any releases, forms, or documents as may required by Sponsor.
- Selected Registered Charity Notification. Sponsor will attempt to contact each selected Registered Charity by telephone and/or email on or before August 15, 2021. Each selected Registered Charity will be asked to provide its address and any other information requested by Sponsor by no later than September 15, 2021 so that a release and any other documentation which may be required by Sponsor can be sent to the selected Registered Charity. If a selected Registered Charity fails to: (a) provide Sponsor with the Registered Charity’s address by September 15, 2021; or (b) return a fully executed release form and/or any other documentation which may be required by Sponsor by September 15, 2021, then the Registered Charity may, in Sponsor’s sole and absolute discretion, forfeit its opportunity to receive a donation. In the event that a selected Registered Charity forfeits its opportunity to receive a donation for any reason whatsoever, Sponsor may in its sole and absolute discretion: (i) select a new Registered Charity to receive a Nomination Donation or (ii) select a new Registered Charity to receive a Legacy Donation, as the case may be depending on the donation forfeited.
- CAUTION. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR INTERFERE WITH THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY AND ALL RESPONSIBLE PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
- Law. The Promotion is void where prohibited by law and is subject to all applicable Canadian, federal, provincial, territorial, municipal, and local laws. This Promotion shall be governed exclusively by the laws of the province of British Columbia, including all issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Rules, rights and obligations between any party and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Vancouver, British Columbia.
- Release and Indemnification. Registered Charities selected to receive a donation may, in Sponsor’s sole and absolute discretion, be required to sign the Sponsor’s release and/or any other documentation as may be requested by Sponsor to: (i) confirm compliance with these Promotion Rules; (ii) agree to accept donations as provided; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotion agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all other associated with the administration, development and execution of the Promotion (“Released Parties”) from and against any and all manner of action, cause of action, claim or demand, suit, loss or injury, use or misuse of a donation or any travel related thereto, including legal fees and expenses, whatsoever, including but not limited to claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Promotion to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a selected Registered Charity with any aspect of the Promotion or any donation, liability for physical injury, death or property damage which the entrants, guests, their heirs, successors or assigns might have or could have suffered, by reason of or arising out of participation in the Promotion and/or in connection with the acceptance and/or exercise by the Registered Charity of donations as awarded; (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by participants or Registered Charities with the Promotion Rules or participation in the Promotion and/or in connection with the acceptance and/or exercise by a Registered Charity selected to receive a donation, and the use of Nominations by the Sponsor; and/or (v) provide a non-exclusive, royalty-free license to Sponsor to use the Registered Charities name and/or likeness in connection with any Promotional materials, including without limitation images, print, video, streaming, media and/or broadcast, created by Sponsor and without compensation from Sponsor.
The Sponsor is not responsible for: (i) incorrect, incomplete or inaccurate information that may affect a Nomination, including but not limited to human error, technical malfunctions, lost or delayed Nominations for any reason, mail failures, omissions, or any combination thereof, and Nominations that fail to fully comply with these Promotion Rules; (ii) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phones lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected Nominations or releases; (iv) injury or damage to any participants’ computers or to any other individual or business or charities’ computer related to or resulting from participating in, or downloading any material regarding the Promotion or accepting a donation; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in while or in part, from participation in the Promotion or receipt or use or misuse of any donation, including any related travel and the of Nominations by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a selected Registered Charity.
- Void Nominations. Nominations that do not comply with these Promotion Rules, as determined by the Sponsor in its sole and absolute discretion, may be deemed void by Sponsor. You may be required to submit proof of compliance with these Promotion Rules to Sponsor, and failure to provide such proof on request may, in Sponsor’s sole and absolute discretion, render your Nomination null and void.
- Rule Amendments and Cancellation. The Sponsor reserves the right, in its sole and absolute discretion, to amend or modify these Promotion Rules, or modify, cancel or suspend the Promotion, without prior notice and for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Promotion. Without limiting the foregoing, if, for any reason whatsoever and in the Sponsor’s sole and absolute discretion, the Promotion is not capable of running as originally planned, the Sponsor reserves the right to cancel the Promotion without any liability whatsoever.
- Consent and License. By nominating a Registered Charity, you irrevocably grant Sponsor, in perpetuity, an exclusive, royalty-free license to publish, display, reproduce, modify, edit or otherwise use your Nomination in favour of the Sponsor, including without limitation for the administration of the Promotion and any publicity carried out by the Sponsor in relation to the Promotion or whatsoever, without further notice or compensation.
- General. Decisions of Sponsor will be final and binding on all matters pertaining to this Promotion. Sponsor’s failure to enforce any of these Promotion Rules shall not constitute a waiver. Sponsor reserves the right to correct any printing, typographical, computer programming, operating, or any other errors.
- No Tax Benefit. You will not receive a tax benefit of any kind by nominating a Registered Charity, even if said Registered Charity is selected to receive a donation.
- Intellectual Property. All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans, catch-phrases, and representations are owned by the Sponsor. All rights reserved. Unauthorized copying or use of any of the Sponsor’s intellectual property with the express written consent of the Sponsor is strictly prohibited.
- Acknowledgement. By participating in the Promotion, you acknowledge that you have read, understood, and agree to be bound by these Promotion Rules.