BCAA Auto Service Centre
Car Wash Fundraiser Event
The British Columbia Automobile Association (“BCAA”) has created a program to support accepted Teams (defined below) that wish to host a car wash fundraising event (an “Event”) for free at one of BCAA’s participating Auto Services Centres (the “Program”), subject to these Program rules and any policies, rules, regulations and instructions promulgated, from time to time, by BCAA (collectively, the “Program Rules”).
By applying for and/or participating in the Program, all Applicants (defined below) and their respective employees, volunteers, members participants or other representatives, as applicable (each, a “Participant”) acknowledge their compliance with, and agree to be bound by, these Program Rules. Applicants and their respective Participants (together, a “Team”) who do not comply with these Program Rules may be disqualified by BCAA, in its sole discretion, from the applying, entering and participating in the Program.
TEAMS SHOULD READ THESE PROGRAM RULES CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING GENERAL TEAM ELIGIBILITY AND THE LEGAL RIGHTS AND OBLIGATIONS OF SUCCESSFUL TEAMS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
- ELIGIBILITY: Any person (an “Applicant”) may apply to enter their Team in the Program for an opportunity to host an Event, subject to the following eligibility requirements:
a. All Applicants must submit a completed Application (defined below) by 11:59PM (Vancouver time) two weeks prior to the desired fundraiser date or as otherwise directed by BCAA (the “Application Deadline”). It is the sole responsibility of the Applicant to fully, properly and timely complete and submit the Application to BCAA and BCCA is under no obligation to notify any Applicant of any issues or errors with such Application;
b. Only required by Teams accepted into the Program by BCAA – Accepted Applicants must submit a fully completed and signed Release (defined below) for each Participant (including the Applicant) no later than one (1) week prior to the scheduled date of such Team’s Event (the “Event Date”) set forth in the Team’s Notice of Acceptance (defined below). If a Participant is under nineteen (19) years of age, then the Parent or Guardian of such Participant must complete a Release on behalf of such Participant. It is the sole responsibility of each Team to ensure their respective Participants (including the Applicant) each fully, properly and timely complete and submit a Release to BCAA and BCCA is under no obligation to notify any Team of any issues or errors with any such Release;
c. All Applicants must be either an individual, not-for-profit, Charity (or equivalent organization), society, school, team, charity that will not use or apply any proceeds from the Event towards a for profit business. If the Applicant is an individual, they must be over nineteen (19) years of age (Participants may be of any age, subject to Section 1(e) below);
d. All Teams must be located in British Columbia;
e. Any Participant under nineteen (19) years of age must be authorized by a parent or legal guardian who is over nineteen (19) years of age or other responsible person who is over nineteen (19) years of age (a “Parent or Guardian”) and in any event supervised at all times by a Parent or Guardian or such Participant will be immediately disqualified from participation. A Parent or Guardian may only supervise up to five (5) Participants under nineteen (19) years of age at any time during an Event (for example, a Team with six (6) Participants under nineteen (19) years of age must have at least two (2) Parents or Guardians supervising such Participants at all times) and any Participants under nineteen (19) years of age without a valid Parent or Guardian will be immediately disqualified from participation. Valid government photo identification (“ID”) may be requested by BCAA or any of its employees, officers, directors, agents or representatives at any time prior to or during an Event and failure to produce ID may result in the disqualification of such Participant or Team from the Program and cancellation of such Team’s Event in BCAA’s sole discretion;
f. only one application may be submitted per Team and Participants may only participate on one Team; and,
g. Teams must only host one Event during the Program,
(collectively, an “Eligibility Requirements”).
Notwithstanding any of the foregoing, BCAA reserves the sole and final right to determine Team eligibility and may disqualify any Team in its sole discretion without recourse to such Team or liability on the part of BCAA.
- HOW TO APPLY:
a. Confirm Eligibility – Applicants should review these Program Rules and confirm their Team meets all Eligibility Requirements set-out hereunder, including under Section 1.
b. Application Materials– Applicants must complete the following materials as part of their Team’s application package (an “Application Package”):i. A fully completed and signed Program Application Form (an “Application”) by the Application Deadline;
ii. Only required by Teams accepted into the Program by BCAA – a fully completed and signed General Release and Waiver of Liability (a “Release”) for each Participant (including the Applicant) no later than one (1) week prior to the Event Date. If a Participant is under nineteen (19) years of age, then the Parent or Guardian of such Participant must complete a Release on behalf of such Participant; and
c. Submission and Eligibility – Teams that meet all Eligibility Requirements must submit to BCAA at [email indicated on event promotion poster] an Application and, if applicable, a Release by the respective deadlines set-out under Sections (b)(i) and (b)(ii).
- VERIFICATION, SELECTION/ACCEPTANCE & NOTIFICATION OF SUCCESSFUL APPLICANT(S): BCAA will only evaluate and consider Applications from Teams that meet the Eligibility Requirements for acceptance into the Program. Applications that are received by BCCA after the Application Deadline will not be reviewed nor considered for acceptance into the Program and such Applicants and their Teams will be immediately disqualified from applying, entering and participating in the Program. Teams that BCAA accepts into the Program will be notified of their acceptance and other important Event information by e-mail or phone at the telephone number and/or by email address indicated in the Team’s Application (a “Notice of Acceptance”) at least two (2) weeks prior to the Event Date. To continue to meet the Eligibility Requirements, Applicants that receive a Notice of Acceptance must submit their Team’s Releases to BCAA for its review as required under Section 1(b). If an accepted Team does not comply with the Release requirements under Section 1(b), such Team will be immediately disqualified from participating or further applying or entering in the Program. If, for any reason, after three (3) attempts within a forty-eight (48) hour period BCAA cannot contact an accepted Applicant, BCAA reserves the right to disqualify such Applicant and their Team. Any disqualification of a Team (or Participant) by BCAA for any reason will be without recourse to such Team (or Participant) or liability on the part of BCAA. COMPLETING AND SUBMITTING AN APPLICATION IS NOT A GUARANTEE OF ACCEPTANCE OR PLACEMENT INTO THE PROGRAM. BCAA WILL, IN ITS SOLE DISCRETION, VERIFY AND ACCEPT TEAMS FOR ADMITTANCE INTO THE PROGRAM IN ACCORDANCE WITH THE PROCESS SET OUT IN THIS SECTION 3 BUT IS UNDER NO OBLIGATION TO ACCEPT, PLACE OR ADMIT ANY TEAMS INTO THE PROGRAM. BY APPLYING FOR THE PROGRAM, ALL TEAMS AGREE TO BE BOUND BY AND COMPLY WITH THESE PROGRAM RULES. ALL DECISIONS OF BCAA WITH RESPECT TO THE PROGRAM OR ANY EVENT ARE FINAL AND BINDING WITHOUT ANY RIGHT OF APPEAL. ALL MATERIALS SUBMITTED AS PART OF THE APPLICATION PACKAGE TO BCAA WILL BECOME THE PROPERTY OF BCAA AND TEAMS WAIVE ALL RIGHT, TITLE AND INTEREST TO ANY SUCH MATERIALS. IN NO EVENT WILL BCAA BE RESPONSIBLE FOR: ANY INCORRECT OR INACCURATE INFORMATION IN ANY APPLICATION PACKAGE; TECHNICAL FAILURES OR UNAUTHORIZED HUMAN INTERVENTION IN THE APPLICATION PROCESS; TYPOGRAPHICAL, PRINTING, MECHANICAL, HUMAN OR OTHER ERRORS OR MALFUNCTIONS OR LOST, INCOMPLETE, LATE, MISDIRECTED, UNDELIVERED, STOLEN, OR MUTILATED APPLICATION PACKAGES.
- EVENT INFORMATION: Subject to compliance with ongoing Eligibility Requirements, Teams that are accepted into the Program will be provided the opportunity to organize, host and operate an Event for free at one of BCAA’s participating Auto Services Centres. A Team’s Notice of Acceptance will include important Event information, including without limitation, the location, Event Date and start/end times of a Team’s Event (an “Event Plan”). Each Team, in accordance with their Event Plan, will be granted free access to the car wash station and assistance of applicable BCAA personnel at a designated BCAA Auto Service Centre for a period of time as BCAA may decide in its sole and unfettered discretion. BCAA reserves the right to change a Team’s Event Plan, in its sole discretion, upon two (2) weeks notice to the Applicant. All equipment, supplies or other materials, if any are supplied by BCAA Group (defined below), are provided “as-is” and without any warranty of any kind, from BCAA Group or otherwise, and each accepted Team is solely responsible for inspecting and certifying that any such equipment, supplies and other materials are in good operating condition and otherwise complying with applicable law and all instructions, documentation, signage or other materials provided to such accepted Team by BCAA regarding the Program, at all times during an Event.
- [TEAM CONDUCT: Teams will abide by all Program Rules regarding the set-up, maintenance, and tear-down of the Event. BCAA reserves the right to determine the suitability and appropriateness of all Event marketing/advertising materials and the attire and conduct of all Participants and to regulate the same at its sole discretion. Teams must provide the necessary safety items to protect Participants, customers, and all others from equipment that is operable or from any other materials, processes, or operations that might cause bodily harm. Teams will not use any copyrighted music or dramatic materials or any other property owned by a third party without first obtaining all necessary licences for the use of the same. Teams will not discriminate against any person in connection with admission to its booth, services rendered or privileges offered, on the basis of race, creed, ancestry, sexual orientation, disability, color, sex, marital status, age, religion or national origin. Teams will also refrain from any offensive or distasteful remarks or conduct and will conduct themselves in a courteous and professional manner at all times during their participation at the Event; ]
- LIMITATIONS OF LIABILITY AND TIMING OF CLAIMS: IN NO EVENT SHALL BCAA, ANY ADVERTISING OR PROMOTION AGENCIES ASSOCIATED WITH THE PROGRAM OR EVENT, EACH OF THEIR AFFILIATED ENTITIES AND THEIR RESPECTIVE COMMERCIAL SPONSORS, ASSIGNEES, SUCCESSORS, OFFICERS, DIRECTORS, AGENTS, OWNERS, REPRESENTATIVES, ADMINISTRATORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS, ALL EMPLOYEES OF CONTRACTORS AND SUBCONTRACTORS, SHAREHOLDERS, PARTNERS, MEMBERS, AFFILIATES, SUBSIDIARIES, COMPANIES, ADMINISTRATORS, DESIGNEES, LICENSEES, DESIGNEES, INVITEES, VOLUNTEERS, ALL OWNERS OR LESSORS OF PREMISES USED IN CONNECTION WITH THE PROGRAM OR THE EVENT AND OTHER PERSONNEL (COLLECTIVELY, “BCAA GROUP”) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THEIR ACTS OR OMISSIONS OR ANY BREACH OF THESE PROGRAM RULES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT BCAA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- LISTINGS AND PROMOTIONAL MATERIALS: By submitting an Application, Teams grant BCAA a fully paid, perpetual non-exclusive licence to use, display, and reproduce the Applicant’s (if not an individual) and their Team name and trade names, as applicable, in any directory (print, electronic, or other media) that list the Participants intending to participate at the Event and to use such names in BCAA’s promotional materials. BCAA is not liable for any errors or omissions in any show guide listings or descriptions.
- BCAA MATERIALS: Any materials that are distributed to Teams related to the planning or execution of the Program or an Event, including but not limited to, these Program Rules, are owned exclusively by BCAA. BCAA grants accepted Teams a non-transferable, non-exclusive licence to use such materials solely in connection with such accepted Team’s participation in the Event. If for whatever reason a Team is disqualified from the Program or otherwise from hosting an Event, or upon the conclusion of a Team’s Event, Teams will promptly destroy all such materials.
- RECORDING OF EVENT: By hosting an Event, each accepted Team acknowledges that such Team’s Event may be recorded and reproduced in any form (including but not limited to digital formats) and hereby authorizes BCAA and its designees to record, transcribe, modify, reproduce, publicly perform, display, distribute, redistribute, and transmit in any form and for any purpose any such recording of the Event. Each accepted Team will release BCAA and its designees from, and waive all claims it may have, now or in the future, in connection with such activities, and specifically waives any statutory restriction on waivers of future claims or moral rights.
- USE OF EVENT INSIGNIA: Teams may not reproduce the Program’s or BCAA’s logo, name, marks, or other insignia on items, documents or advertising materials, without BCAA’s prior written consent.
- NO REPRESENTATIONS OR WARRANTIES; RULES AND REGULATIONS; ENTIRE AGREEMENT: BCAA makes no representations, conditions, or warranties, express or implied, regarding the number, quality or character of persons who will attend the Program or any Event or regarding any other matters. Any and all matters pertaining to the Program or Event and not specifically covered by these Program Rules are subject to BCAA’s sole discretion. BCAA may adopt, amend, or revoke any established rules and regulations, from time to time, on reasonable notice to Applicant. Any such rules or regulations, including but not limited to those in any communication from BCAA to Applicant are hereby incorporated in these Program Rules and have the same effect as if set forth herein. These Program Rules, including but not limited to the Application Package, and any additional rules or regulations adopted by BCAA, states the entire agreement between the parties and may not be amended without BCAA’s written consent.
- CONTAGION PROTOCOLS: Teams understand and acknowledge that: (i) SARS-CoV-2 and any resulting disease (collectively, “COVID-19”) and other contagious diseases can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 and other contagious diseases in any place where people are present; (ii) no precautions, including, but not limited to, the protocols that may be implemented from time to time by the BCAA Group and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Contagion Protocols”), can eliminate the risk of exposure to COVID-19 and other contagious diseases; (iii) while people of all ages and health conditions can be and have been adversely affected by COVID-19 and other contagious diseases, according to public health authorities (a) people with certain underlying medical conditions are or may be especially vulnerable, and (b) the risk of severe illness from the contraction of such diseases increases steadily with age, and contracting such diseases can result in the further transmission of such diseases to the family members and other contacts of Participants; and (iv) exposure to COVID-19 and other contagious diseases can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. Teams also acknowledge that the Contagion Protocols may prove inadequate to prevent the exposure and transmission of COVID-19 and other contagious diseases and that it is possible that from time to time persons present at an Event may not comply fully with the Contagion Protocols. Teams understand and acknowledge that the implementation of the Contagion Protocols does not guarantee that any Participant or the family members, invitees or other contacts of such Participant will not be exposed to or contract COVID-19 or other contagious diseases as a result of attendance at an Event or pass such diseases on to others, including, but not limited to, the family members of such persons.
- FORCE MAJEURE: BCAA shall not be liable or responsible to any Team, nor be deemed to have defaulted under or breached these Program Rules or any terms of the Application, for any failure or delay in fulfilling or performing any term of these Program Rules or the Application, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond BCAA’s control including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, tsunami, fire, earthquake, explosion; (c) epidemics, pandemics, including COVID-19; (d) war, invasion, hostilities (whether ware is declared or not), terrorist threats or acts, riot, or other civil unrest; (e) government order, law or actions; (f) embargoes or blockades in effect on or after the Application Deadline; (g) national or regional emergency; and (h) strikes, lockouts, labour stoppages or slowdowns, labour disputes, or other industrial disturbances; and (i) failure of any governmental or public authority to grant a necessary licence or consent; and (j) other similar events beyond the control of BCAA. In the event that BCAA’s failure or delay is caused by or results from a Force Majeure Event and BCAA determines that, in its sole discretion acting reasonably, it cannot carry-out the Program or any Event or perform any material obligations hereunder, BCAA may thereafter cancel or reschedule an such Event or terminate the Program in its entirety upon written notice to the Applicant of accepted Teams.
- GENERAL: The Program is subject to all federal, provincial and municipal laws and regulations and is void where prohibited by law. Any and all disputes arising out of or connected with the Program, including these Rules, the Application and the Release, shall be resolved individually and exclusively by the Courts of the Province of British Columbia, and the Program, these Program Rules, the Application and the Release shall be governed by the laws of the Province of British Columbia. At its sole discretion, BCAA reserves the right to modify these Program Rules and/or cancel, terminate, modify or suspend the Program without notice. Each Team acknowledges that if any portion these Rules, the Application or the Release is held invalid, the balance shall nonetheless continue in full legal force and effect. All Program materials, including the Application and the Release, may be executed and delivered by electronic means.