Charity Registration Guidelines
Charity Registration Guidelines
1. Eligibility. The Fundraising Program is open to registered charities that operate in the Province of Ontario.
2. Fundraising Program Period. The opportunity to participate in the Fundraising Program begins for a Participating Charity on the date that is the later of (i) the first business date after such charity completes all registration requirements for the Fundraising Program as set out in these Charity Registration Guidelines; and (ii) the date that the wines of TLGTC are made available for purchase.
3. How to Apply. After reading and understanding these Charity Registration Guidelines, complete the Charity Registration form available at [NTD: Insert URL]. To be eligible for consideration, an application must be submitted through the Website in the form provided and must comply with these Charity Registration Guidelines. Once an Application is submitted no changes shall be permitted to such Application. A Participating Charity will be notified by e-mail, at the e-mail address provided in its registration form, whether its application to participate in the Fundraising Program has been accepted or rejected. TLGTC will only accept applications in the English language or the French language and will not translate an application into a language other than that in which it is received.
4. Disbursements. TLGTC will disperse donations on dates selected by TLGTC, which dates shall occur on intervals of approximately six months.
5. Acceptance and Disqualification. TLGTC in its sole and absolute discretion makes the final determination as to which applications are accepted and which charities are eligible to participate in the Fundraising Program. From time to time TLGTC may in its sole and absolute discretion, choose to feature certain Participating Charities on the Website and/or in advertising materials for TLGTC or the Fundraising Program. TLGTC may, at its sole discretion, end a Participating Charity’s participation in the Fundraising Program, with thirty days prior written notice to such charity. Notwithstanding the immediately preceding sentence, Participating Charities may be disqualified from participating in the Fundraising Program with immediate effect at any time, at the sole and absolute discretion of TLGTC, if TLGTC believes that the continued participation of such Participating Charity would be detrimental to the Fundraising Program or to TLGTC. Decisions of TLGTC with respect to a charity’s participation in the Fundraising Program are final and binding. A Participating Charity may terminate its participation in the Fundraising Program, at such Participating Charity’s sole discretion, with 30 days’ written notice to TLGTC.
6. Directed Donations (People who “buy, click and give”). Individuals who purchase a bottle of TLGTC wine and are interested in directing their donation will be required to: (i) be 19 years of age or older; and (ii) have purchased the bottle of TLGTC wine with respect to which they are directing a donation. If TLGTC determines in its sole and absolute discretion, that any Participating Charity or any individual directing a donation to a Participating Charity has not complied with these Charity Registration Guidelines in any way, TLGTC may disqualify all donations directed to such Participating Charity or by such individual and disallow any further participation by such Participating Charity or individual in the Fundraising Program.
7. Legal Independent Advice. TLGTC recommends that charities applying to participate in the Fundraising Program review their application with their legal advisors and tax advisors to determine whether the Fundraising Program is suitable for such charity. If any liability arises as a result of, or in connection with, a charity’s participation in the Fundraising Program, such liability, shall be the sole responsibility of such charity.
8. Additional Applications Guidelines. Once submitted, an application will not be returned. TLGTC may, in its sole and absolute discretion, reject or disqualify any applying charity.
9. Third Party Disputes. TLGTC is not responsible or liable for any disputes between charities and third parties that arise in relation to, or in connection with, the Fundraising Program.
10. Fundraising Program Terms of Application. By submitting an application, an applying charity agrees to indemnify and hold harmless TLGTC, its agents, and its and their respective subsidiaries, affiliates, successors, licensees, and assigns, and each of their respective directors, officers, agents, equity holders and employees (collectively the “Released Parties”), from and against any and all claims, losses, costs, damages, liabilities and expenses (including reasonable attorneys’ fees and costs) which arise out of such charity submitting its application and such charity’s participation in the Fundraising Program.
11. Limitations on Liabilities and Remedies. By submitting an application, in accordance with these Charity Registration Guidelines, a charity agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with its application, its participation in the Fundraising Program and/or any funds raised through the Fundraising Program will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will legal fees be awarded or recoverable; (c) under no circumstances will such charity be permitted to obtain any award for, and the charity knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits or any other damages; (d) the charity irrevocably waives any right to seek injunctive or equitable relief; and (e) the charity releases and holds harmless each of the Released Parties (as defined herein above) from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of TLGTC infringes on the rights of the charity as contained in any application or otherwise.
12. Intellectual Property. Upon being accepted to participate in the Fundraising Program, the Participating Charity shall provide to TLGTC a list of such trade names, trade-marks, slogans and logos of the Participating Charity (the “Trademarks”) as the Participating Charity wishes TLGTC to be able to use in connection with the Fundraising Program. The Participating Charity hereby covenants that: (i) it grants to TLGTC a revocable, non-exclusive, fully paid-up, limited license to use the Trademarks at TLGTC’s sole discretion, for the purposes of carrying out and promoting the Fundraising Program; and (ii) it has all right and authority necessary to provide TLGTC with such a limited license. TLGTC will use best efforts not to use the Trademarks in any manner that is offensive to good taste, or will injure the reputation of the Participating Charity and/or the Trademarks. It is the Participating Charity’s sole responsibility to ensure that the use of the Trademarks by TLGTC and the appearance of the Trademarks in all forms are in conformity with such Participating Charity’s standards and guidelines and to advise TLGTC of any changes required with respect to the appearance and use of the Trademarks. In addition to the limitations on liabilities set out in section 11, the Participating Charity hereby agrees to defend, indemnify and hold harmless TLGTC against any claims, demands, causes of action and judgments arising from the use of the Trademarks by TLGTC. TLGTC assumes no liability or responsibility to the Participating Charity or to third parties with respect to TLGTC’s use of the Trademarks by TLGTC. This limited Trademark license begins on the date that the Participating Charity submits its list of Trademarks to TLGTC and expires on the date that such Participating Charity ceases to take part in the Fundraising Program in accordance with these Charity Registration Guidelines. Upon expiration of this license, TLGTC agrees to use best efforts to discontinue its use of the Trademarks in all forms of media.
13. General Conditions. The name of the person/organization submitting an application for or on behalf of a charity must be the name of the person/organization who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, entry may be deemed void. It is the sole responsibility of a Participating Charity to notify TLGTC in writing if the contact person for such charity changes while the charity is participating in the Fundraising Program. To do so, a Participating Charity must submit the new information using the contact information set out on the Contact Us page of the Website.
14. Payment of Donations. A Participating Charity will receive all donations directed to it by cheque, which shall be sent by mail to the address provided on such charity’s registration application. Each cheque to a Participating Charity shall be payable to the name provided on such charity’s registration form. If for any reason the Fundraising Program is not capable of being administered as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Fundraising Program, or for any reason TLGTC deems, in its sole and absolute discretion, that the Fundraising Program is not meeting the expected goals, TLGTC reserves the right, in its sole and absolute discretion to cancel, modify or terminate the Fundraising Program.
15. Miscellaneous. These Charity Registration Guidelines will be binding on each charity that has applied to, or is participating in, the Fundraising Program and the respective successors and assigns of such charities. The construction, validity, interpretation and enforceability of these Charity Registration Guidelines and the Fundraising Program will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules. Each charity that applies to, or participates in, the Fundraising Program agrees to submit exclusively to the jurisdiction of the Courts of the Province of Ontario that are located in Toronto, Ontario. Notwithstanding the foregoing, each applying charity and each Participating Charity acknowledges that TLGTC may: (1) seek to obtain injunctive or other equitable relief from a court of competent jurisdiction to enforce the provisions of these Charity Registration Guidelines; and (2) bring an action in court to protect or interpret any of TLGTC’s purported intellectual property rights. These Charity Registration Guidelines will not be assignable by any charity. TLGTC, and its successors and assigns, will have the unlimited right to assign these Charity Registration Guidelines and the rights granted, hereunder at any time, in whole or in part, to any party. A Participating Charity will execute any documents (after being afforded a reasonable opportunity the review and/or confirm the same) and do any other acts as may be reasonably required by TLGTC to further evidence or effectuate TLGTC’s rights as set forth in these Charity Registration Guidelines.