Terms, Conditions & Waivers

Release of Liability

You should understand that when participating in any exercise or physical activity program, there is the possibility of physical injury. Further, you should not participate if you are not in good health, or in sufficient physical condition. There is a risk that you may be exposed to or contract COVID-19 by engaging in physical activity with other people. When engaging in activity with other people, observe appropriate safety protocols, including physical distancing and the use of face coverings when required, and other guidance on COVID-19 from the Public Health Agency of Canada and local, provincial and territorial government agencies. Your participation in the ParaTough Cup: Home Edition is at our own risk. The Paralympic Foundation of Canada and the Canadian Paralympic Committee are not responsible for any injuries or property damage resulting from your participation in the ParaTough Cup: Home Edition, or liable for any claims, including claims arising out of negligence.

Media Release

You understand that any content that you submit or share to the ParaTough Cup website, via email or through social media, will be available for use by the Paralympic Foundation of Canada (“PFC”) and Canadian Paralympic Committee (“CPC”) and within PFC or CPC programs, events and promotional initiatives such as, but not limited to, newsletters, articles, publications, websites, social media, print, and presentations. This includes, without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material submitted. By submitting and/or sharing your content, you release the PFC and CPC and their representatives, agents and contractors from all manner of claims, demands, actions or costs related to or arising from such use.

Where your content contains images of other people or names or identifies individuals, you represent and warrant to us that that such individuals that are over the age of 18 have expressly consented to their appearance in the content and to your submitting and/or sharing the content to our Website or via our social media, and where featured or identified individuals are under the age of 18, that you either: are the parent or legal guardian or such featured or identified individuals; or you have obtained the express consent from a parent or legal guardian of such individuals to their appearance in the content and to you submitting and/or sharing the content to our Website or social media.

ParaTough Cup: Home Edition Awards Rules

Awards are available to fundraisers for the ParaTough Cup: Home Edition (“Participants”) on the following basis.

Participants must (1) set up a Peer-to-Peer page on the CanadaHelps platform at: https://www.canadahelps.org/en/charities/paralympic-foundation-of-canada/p2p/paratoughcup-home/ (the “CanadaHelps P2P portal”) and (2) solicit donations that are made online through the CanadaHelps P2P portal to the Participant’s Peer-to-Peer page or made offline and entered through the CanadaHelps P2P portal to the Participant’s Peer-to-Peer page (“Donations”) by December 31, 2020 at 11:59 pm EST (the “Closing Time”). Paralympic Foundation of Canada will open the CanadaHelps P2P portal for Participants to set up a Peer-to-Peer page on or about October 7, 2020 at 12:00pm EST.

Participants must be a resident of Canada by December 31, 2020 at 11:59 pm EST and have reached the age of majority in their province or territory of residence by December 31, 2020.

There are two tiers of awards. Participants that raise Donations totaling $500 or more (but less than $1,000) by the Closing Time will earn a $50 Petro-Canada fuel savings card ($0.05 off per litre, 1000 l). Participants that raise Donations totalling $1,000 or more by the Closing Time will earn a $100 Petro-Canada fuel savings card ($0.10 off per litre, 1000 l). Only one Petro-Canada fuel savings card will be awarded per Participant. Use of the Petro-Canada fuel savings cards is subject to the terms, conditions and limitations established by Petro-Canada.

Awards must be accepted as awarded, without exchange or conversion to cash, and are non-assignable. Paralympic Foundation of Canada reserves the right to substitute awards of equal or greater value in the event that the awards are unavailable.

The five Participants that raise the most Donations by the Closing Time will receive ParaTough Cup: Home Edition trophies. In the event of a tie, the winner of the tie shall be determined by the timing of the first Donation received by Participants that are tied (e.g. whichever Participant received the first Donation (which, for clarity, must be registered on the Participant’s Peer-to-Peer on the CanadaHelps P2P portal) will be the winner of the tie. The trophies have no monetary value. The odds of winning a trophy will depend on the fundraising achievements of all the Participants in the ParaTough Cup: Home Edition.

Winners will be notified by email to the email address associated with their CanadaHelps account.

Paralympic Foundation of Canada is not responsible for any other costs associated with claiming or using the awards, or for any loss, theft or misuse of the awards. Paralympic Foundation of Canada is not responsible for the failure of the performance of, or the loss of value of the awards.

The winners consent to the use by Paralympic Foundation of Canada of their names and hometown for any lawful purpose, without further permission or compensation, except where prohibited by law. This would include providing a list of winners to those who request it and promoting the list of winners through Paralympic Foundation of Canada publications, its website or on social media or other marketing vehicles.

The Paralympic Foundation of Canada shall have the sole power and final authority to determine all matters with respect to ParaTough Cup: Home Edition and with respect to the applicability or compliance with any rule, including without limitation, the eligibility of Participants, the qualification of funds as Donations, and the calculation of Donations as of the Closing Time. Decisions of Paralympic Foundation of Canada are final on all matters including matters of fact, interpretation, eligibility, qualification, procedure and fulfillment. Paralympic Foundation of Canada reserves the right at any time to cancel or modify the ParaTough Cup: Home Edition, or any parts thereof and to modify or supplement these rules, without notice, in its sole discretion, subject to applicable law.

Paralympic Foundation of Canada, the Canadian Paralympic Committee, their affiliates, and each of their respective officers, directors, employees, volunteers, agents, representatives, members, successors, and assigns, and anyone for whom they are responsible at law (the “Releasees”) are not responsible for and shall not be liable for: (i) malfunctions, failures, or difficulties of any kind with respect to any website, hardware or software program, access provider, server, network, or the Internet; (ii) failed, incomplete, garbled or delayed entry information or computer transmissions or traffic or congestion on the Internet or at any website; (iii) any condition caused by events beyond the Releasees’ control that may cause the ParaTough Cup: Home Edition to be disrupted or corrupted; (iv) inaccurate entry information, whether caused by equipment, programming used in the ParaTough Cup: Home Edition, human processing or otherwise, or any combination thereof; or (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the awards, or acceptance, possession, or use or misuse of the awards, or from participation in the ParaTough Cup: Home Edition. Paralympic Foundation of Canada reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the CanadaHelps P2P portal or any website, or who is otherwise in violation of these rules. By participating in the ParaTough Cup: Home Edition, each participant agrees to release and hold harmless the Releasees from any and all losses, damages, rights, claims and actions of any kind in connection with ParaTough Cup: Home Edition or resulting from acceptance, possession, or use or misuse of the awards, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy.

Any issues concerning the validity, interpretation or enforceability of these rules, or the rights and obligations of participants and Paralympic Foundation of Canada, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any conflict of law rules which might find otherwise.