Coding for a Cause
Official Application Rules
The sivacreative.com Coding for a Cause Canada Official Rules
THIS CHALLENGE IS OPEN ONLY TO ORGANIZATIONS BASED IN CANADA THAT MEET THE ELIGIBILITY CRITERIA DESCRIBED BELOW (“ORGANIZATION”). ENTRY IN THIS CHALLENGE CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Sivacreative.com Coding for a Cause Canada (the “Challenge”) is a challenge where participating Organizations (a charity or not-for-profit) submit Applications; and for selected Finalists (as defined below), campaign for votes in order to win. Applications will be evaluated by the Reviewers and Judges (as defined below), who will choose the seven Finalists in accordance with these Official Rules. The Award will be granted to the Organization whose Application is evaluated as having the highest scores in the judging criteria (“Winner”). See below for the complete details.
1. BINDING AGREEMENT:
In order to enter the Challenge, you must agree to these Official Rules (“Rules”) on behalf of your Organization. Therefore, please read these Rules prior to entry to ensure you understand and agree. You hereby agree that you are an authorized representative of your Organization who: (a) is a resident of Canada; (b) has reached the legal age of majority in your province or territory of residence;(c) has the authority and permission from the Organization to participate in the Challenge on behalf of the Organization; and (d) has the authority to legally bind the Organization – including, without limitation, to the terms and conditions of these Rules and to any other required documentation as contemplated in these Rules. Further, you agree that submission of an Application in the Challenge constitutes your and your Organization’s agreement to be legally bound by these Rules. You may not submit an Application to the Challenge and your Organization is not eligible to receive an Award described in these Rules unless you and your Organization agree to these Rules. These Rules form a binding legal agreement between your Organization and Siva with respect to the Challenge.
To be eligible to enter the Challenge, an Organization must: (a) be a charity currently registered as such by the Canada Revenue Agency under the Income Tax Act or be currently registered as a federal non-profit or a provincial non-profit; (b) not be one of the following: (i) a governmental entity or Organization; (ii) a hospital or health care Organization; (iii) a school, childcare centre, academic institution or university (philanthropic arms of educational Organizations are eligible); (c) not be an entity under U.S. or Canadian export controls or sanctions;(d) have access to the Internet in order to submit an Application and participate in other online aspects of the Challenge; (e) have a registered office in Canada; (f) not discriminate on any unlawful basis (including, without limitation, in either hiring/employment practices or in the administration of programmes and services); (g) not discriminate on the basis of any prohibited ground of discrimination (including, without limitation, on the basis of sexual orientation or gender identity in hiring/employment practices); (h) agree that if it receives an Award, the Award will only be used for programs open to all persons regardless of religion and will not be used for religious instruction; (i) agree that if it receives an Award, the Award will only be used for programs that have a charitable purpose (i.e., a purpose beneficial to the community in a way the law regards as charitable), and (j) display the need for a website for their charity Organization. Siva (as defined below) reserves the right, in its sole discretion at any time, to disqualify any Organization if Siva deems that allowing the Organization to participate in the Challenge could bring Siva into public disrepute or in any way impact the good standing or reputation of Siva in the eyes of the general public. Siva’s decisions on all matters arising in this regard shall be final and binding without right of appeal. The Challenge is void where prohibited by law. Siva (as defined below) reserves the right to verify eligibility and to adjudicate on any dispute at any time. These Rules are binding on you, individually, and/or your Organization. You warrant that you are acting within the scope of your employment, as an employee, officer or director of Organization, and that such Organization has full knowledge of your actions and has consented thereto, including the Organization’s potential receipt of an Award. You further warrant that your actions do not violate your Organization’s policies and procedures.
3. CHALLENGE SPONSOR:
The Challenge is sponsored by Siva Creative Inc. (“Siva”), a Canadian private foundation incorporated under the laws of the province of Ontario in Canada whose principal place of business is at 49 Truman Rd, Barrie, ON L4N 8Y7. Siva will offer one (1) Award in accordance with these Rules.
4. APPLICATION PERIOD:
The Application period begins at 8:00 a.m. EST on 01 May 2022 and ends at 11.59 p.m. EST on 31 May 2022 (“Application Period”).
5. HOW TO ENTER:
To enter the Challenge, visit the Challenge website located at https://sivacreative.com/cfac-2022/ (“Challenge Site”) during the Application Period and follow the instructions for submitting an Application that includes information about your Organization and how your charity would benefit from a free website. The Application must meet all requirements in these Rules, including the specific “Application Requirements” described below. LIMIT OF ONE (1) APPLICATION PER ORGANIZATION. All Applications must be received during the Application Period. Applications are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All Applications will be deemed made by the authorised account holder of the email address submitted at the time of entry, and the person submitting an Application may be required to show proof of being the authorised account holder for that email address. The “authorised account holder” is the natural person authorised by the Organization to submit an Application and assigned to an email address by an Internet service provider, online service provider, or other Organization responsible for assigning email address for the domain. All Finalists (as defined below) may be required to submit marketing materials to Siva, which may include video, photos, and/or additional Application information (“Marketing Materials”). After successfully applying, or before, Applicants must Like Siva’s Facebook page by one real person, located at https://www.facebook.com/sivacreativeinc/. Siva can ask, at any time, for proof of this obligation and if such action is not met within two (2) business days, can disqualify the aforementioned charity from the contest.
6. APPLICATION REQUIREMENTS:
The Application (and each component thereof) must meet the following requirements (“Application Requirements”): (a) it must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way,
or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Challenge; (b) it must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, provincial/territorial or local laws or regulations where the Application is created; (c) it must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Challenge, as determined by Siva, in its sole discretion; (d) it must be an original, unpublished work that does not contain, in corporate or otherwise use any content, material or element that is owned by a third party or entity; (e) it cannot contain any content, element, or material that violates a third party’s publicity, privacy or
intellectual property rights; (f) it must be in English; and (g) it must be submitted by an Organization that meets the eligibility requirements provided in Section 2 above (“Eligibility Requirements”). Siva reserves the right, in its sole discretion, to disqualify any Organization that does not meet the Eligibility Requirements, or which submits an Application that does not meet the Application Requirements.
Applications will be evaluated by a team of Siva employees (“Reviewers”); the Finalists’ (as defined below) Applications will be voted on by the public. Each Application will be evaluated based on the following criteria (“Judging Criteria”): 1. Impact. How does the proposed charity change lives? How many people will be affected if the charity receives a free website and to what extent? 2. Technology / Innovation. What is the core insight or innovation that differentiates this charity from others, in philosophy or execution? What makes the proposed charity unique? How does the charity leverage technology in a new and creative way to tackle the issue it seeks to address? 3. Scalability. If successful, how easily can this charity scale? Can this charity serve as a model for other efforts? 4. Feasibility. Does the team have a well-developed, realistic plan to continue their charity efforts? Have they identified the right partners for implementation? There will be one round of judging. For the first round, Reviewers will evaluate each Application based on the Judging Criteria. The seven (7) Applications that receive the highest overall scores, and which pass the required legal due diligence (which will be conducted by Siva, in its sole discretion, for the purposes of confirming compliance with these Rules), will be selected as the Finalists (“Finalist(s)”). In the event of a tie, the Application that received the higher score from the Reviewers in the category of “Impact” will be selected as one of the Finalist(s). In the event an Organization is disqualified for any reason, the Judges reserve the right, in their sole and absolute discretion and time permitting, to deem the Application that received the next highest total score as the Finalist, provided it passes the required legal due diligence. In order to permit the Reviewers to select the Finalists, an Organization may be required to attend interviews and submit additional information, including but not limited to the following: (a) Financial statements for each of the last three (3) fiscal years, including income statement, balance sheet and cash flow statement (b) Relevant bank wire information;(c) Recent bank statements; (d) Full list of full legal names of senior leadership, trustees, and board members; (e) List of countries where Organization has operations outside of Canada, if any; (f) Relevant information on any government affiliation or public funding; and (g) Further details or information on Organization’s website idea and implementation plan. If an Organization does not respond to the request for additional information within two (2) business days from the first notification attempt, then such Organization may be disqualified in the sole discretion of Siva. The Finalists will be selected and notified during the period of 25 June 2022 and 27 June 2022 and announced on the Challenge Site on or about 28 June 2022. All Finalists will be required to sign a grant agreement, as described below. If a Finalist does not respond to the notification attempt within two (2) business days from the first notification attempt, or does not sign a grant agreement, then such Finalist will be disqualified and an alternate Finalist may, in the sole discretion of Siva and time-permitting, be selected from among all eligible Applications received based on the Judging Criteria. With respect to notification by telephone, such notification will be deemed given when the Finalist engages in a live conversation with Siva or when a message is left on the Finalist’s voicemail service or answering machine by or on behalf of Siva, whichever occurs first. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. For the one final round, the contest winner will be chosen as a Winner by the public based on the public’s vote. The public voting will take place between 7 June 2022 and 21 June 2022 via the Challenge Site. All votes are subject to verification by Siva at any time and for any reason. Siva reserves the right, in its sole and absolute discretion, to require proof (in a form acceptable to Siva): (i) for the purposes of verifying the eligibility and/or legitimacy of any vote entered (or purportedly entered) for the purposes of this Challenge; and/or (ii) for any other reason Siva deems necessary, in its sole discretion, for the purposes of administering this Challenge in accordance with Siva’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of Siva within the timeline specified by Siva may result in disqualification of the applicable vote(s) that cannot be verified to the complete satisfaction of Siva. Determinations of Siva are final and binding. The Winner will be required to sign a grant agreement, as described below.
The one (1) Winner will receive; one (1) Complete Website Design or Redesign Tailored to Your Organization equal to the highest website package offered with no additional customization or functionality, one (1) Logo Creation or Logo Makeover, and one (1) Web Marketing – Social Media Promotion for 1 Week equal to our normal social media marketing campaign services offered. Prizes must be accepted by one single charity Organization and cannot be split up for any reason. Prize total is valued at $6,000 CAD.
9. GRANT AGREEMENTS:
All selections of Finalists are subject to a legal due diligence review of each Organization, and the execution of a grant agreement between Siva and each Organization, if applicable as determined by Siva. If the Organization (whether selected by the Reviewers, Judges or by the public) does not pass the legal due diligence review (as determined by Siva in their sole discretion), or if the Organization does not sign a grant agreement, Siva reserves the right, in its sole discretion and time-permitting, to select the next highest score from the Final Event as a Winner. Each Award must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Siva in its sole discretion). No substitutions except at Siva’s option. Siva reserves the right, in its sole discretion, to substitute any Award or a component thereof with an item or items of equal or greater retail value.
10. GENERAL CONDITIONS:
All federal, provincial, territorial and local laws and regulations apply. Siva reserves the right to disqualify any Organization from the Challenge if, in Siva’s sole discretion, it reasonably believes that the Organization (or a representative of the Organization or any other person or entity) has attempted to undermine the legitimate operation of the Challenge by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other Organizations, Siva or the Judges.
11. INTELLECTUAL PROPERTY RIGHTS:
The Organization retains ownership of all intellectual property rights (including moral rights, to the extent permitted by applicable law) in all materials submitted by the Organization to the Challenge Site or to Siva or its representatives as part of its Application, including, without limitation, photographs, comments, information, text, video, feedback, creative ideas, suggestions, or other materials (each a “Submission” and collectively, the “Submissions”). For greater clarity, all New Marketing Materials will be owned by Siva. Finalists hereby grant Siva and its affiliates, partners and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right for the maximum duration permitted by applicable law to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submission, in whole or in part, throughout the world in any form, media, or technology now known or hereafter developed, including all promotion, marketing, publicity, and any other uses thereof related to the Challenge, without notice or attribution to Organization, or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, and Organization acknowledges that Siva has no obligation to use its Submission. Further, Finalists hereby waive all moral rights in and to their Submission (and each individual component thereof) in favour of Siva and anyone authorized by Siva to use the Submission. Any material an Organization submits to the Challenge Site or to Siva or its representatives and partners is not confidential or proprietary and Siva and its representatives and partners shall be under no obligation to maintain the confidentiality of any content submitted.
By participating in the Challenge and/or accepting an Award, Organization agrees and consents to Siva’s and its affiliates’ and partners’ use of Organization’s name and/or likeness, logo(s), Marketing Materials, New Marketing Materials (as applicable) and/or other materials submitted as part of the Application for a reasonable time during and after completion of the Challenge in promotional material of Siva (or its affiliates or partners) as a Winner of the Challenge without additional notice and/or compensation, unless prohibited by law. By participating in the Challenge, Organization further agrees that Siva (and its affiliates and partners) may make or have made audio, visual and/or audio-video recordings of (i) any aspect of Organization’s participation in the Challenge; and/or (ii) the Organization’s premises (“Recordings”). As between Organizations and Siva, Siva owns all intellectual property rights in the Recordings, and may use the Recordings for any purpose and in any way (including advertising and promotional purposes), without further approval from Organization. Organization will ensure that any of Organization’s representatives, staff or volunteers who may appear in Recordings enter into separate releases with Siva allowing Siva to make and use the Recordings.
14. WARRANTY AND INDEMNITY:
17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY:
If for any reason the Challenge is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Challenge, Siva reserves the right subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec to cancel, terminate, modify or suspend the Challenge, and/or to amend these Rules. Siva further reserves the right to disqualify any Organization which tampers with the submission process or any other part of the Challenge or Challenge Site. Any attempt by an Organization to damage any web site, including the Challenge Site, or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws and should such an attempt be made, Siva reserves the right to seek damages
from any such Organization to the fullest extent of the applicable law. Without limiting the generality of the foregoing, Siva reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other mechanics stipulated in these Rules, to the extent deemed necessary by Siva, for purposes of verifying compliance by any Organization and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Siva, in its sole discretion, affect the proper administration of the Challenge as contemplated in these Rules, or for any other reason.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:
Under no circumstances shall the submission of an Application into the Challenge, the awarding of an Award, or anything in these Rules or otherwise be construed as an offer or contract of employment with either Siva, or any of the other Challenge Entities. You acknowledge that you have submitted your Application voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you or your Organization and Siva or any of the other Challenge Entities and that no such relationship is established by your submission of an Application under these Rules.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES:
To the fullest extent permitted by law, these Rules are governed by, subject to, and your Organization submits to the exclusive jurisdiction of the Province of Ontario, Canada in relation to any dispute (contractual or non-contractual), excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Challenge-related materials, including, but not limited to, advertising and/or any instructions or interpretations of these Rules given by any representative of Siva, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. To the fullest extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and all Organizations expressly waive any and all such rights.
By entering the Challenge, your Organization agrees that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Challenge will be decided by binding arbitration. All disputes between your Organization and Siva of whatsoever kind or nature arising out of these Rules, shall be submitted to ADR Institute of Canada, Inc. for binding
arbitration under its rules, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
21. FINALISTS AND WINNER:
The Finalists will be announced on the Challenge Site on or about 28 June 2022. The Winner will be announced on the Challenge Site on or about 1 August 2022.