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Terms & Conditions

1. APPLICATION AND JUDGING TERMS & CONDITIONS

Through the generous support of Loblaw Companies Limited, WWF-Canada “Program Sponsor” will grant up to $200,000 each year to Canadian elementary and secondary schools. The grants will help reduce a community’s impact on the environment, increase understanding of environmental issues and solutions, stimulate environmental leadership, and inspire students and communities to take action.

A NOTE ON DEADLINES & ONLINE APPLICATION

All applications must be received by 3:00 pm EST, Monday, April 2, 2012 by Studentawards Inc., the designated Program Grants Administrator. You may apply by completing the online application form accessed through the online entry form accessible from: wwf.ca/greencommunitygrants. Applications must be submitted online. Studentawards Inc. cannot accept entries by mail, fax, or e-mail or other methodology. Applications can be submitted by principals, school staff members, students or parent council members employed by, attending or with children attending the school where the project will be completed. Each project must be supervised by a school staff member AND be approved by the school principal in order to be eligible for a grant. All mandatory fields must be completed.

No photocopied, computer generated facsimiles, mechanically reproduced, or mass entries permitted. Program Sponsor or the Program Grants Administrator are not responsible for any online communication problems, nor for any late, lost, misdirected, illegible or incomplete applications, which will be void.

CONSENT TO USE

By entering, you consent to Program Sponsor use, should you become a grant recipient, of your name, place of residence and photograph or other likeness, without further compensation or notice, for publicity, advertising or informational purposes in any media or format (including the Internet) in connection with this Program or future similar programs. By applying, you declare that you have complied with the Official Program Terms and Conditions. All entries become the property of Program Sponsors and will not be returned to entrants.

By submitting this grant application, the applicant hereby authorizes Program Sponsor and its employees, agents, contractors and those of its affiliates to release any information provided in or relating to my grant application to its representatives, the scholarship judges, Studentawards Inc., and their respective representatives who need to know such information for purposes of administering and promoting this grants program. The selection committee will use the information only for purposes of evaluating my grant application.

GENERAL TERMS AND CONDITIONS

Applicants agree to abide by the terms of these Official Rules and by all decisions of the Program Sponsor, which are final and without appeal in all matters pertaining to the Program. Program is subject to all applicable laws. All taxes, fees, and surcharges on prizes are the sole responsibility of the winner. Return of any grant/grant notification as undeliverable may result in disqualification and selection of an alternate recipient. By entering, participants release and hold harmless Program Sponsor, Program Grants Administrator, affiliated and related companies and advertising, promotion agencies and all of their respective directors, officers, shareholders, employees, agents, successors and assigns (collectively, the “Program Entities”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Program or any award won. Winners will be required to sign and return, within the time period indicated on the documents, a Declaration of Compliance with Program Rules and a full Liability and Publicity Release and a complete Grants Agreement.

Program Sponsors reserve the right at their sole discretion to disqualify any individual that they find or believe to be tampering with the entry process or the operation of the Program; to be acting in violation of the Official Terms and Conditions or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN APPLICANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH APPLICANT TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY

Without limiting the release in the Paragraph above, and for greater certainty, the Program Sponsor and Program Grants Administrator will not be liable for any incorrect or inaccurate information, whether caused by Program Applicants or by any equipment or programming associated with or utilized in the Program, or by any technical or human error which may occur in the processing of entries in the Program. The Program Sponsor and Program Grants Administrator will not be liable for any error, omission, interruption, deletion, defect or delay in operation or transmission in connection with the Program, or communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Program Sponsor and Program Grants Administrator will not be liable for any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of e-mail which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants’ or to any other person's computer related to or resulting from participating or downloading materials in this Program. If, for any reason, the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Program Sponsor and Program Grants Administrator which corrupt or affect the administration, security or proper conduct of this Program, Program Sponsor reserve the right at their sole discretion to, without advance notice, terminate or suspend the Program, in whole or in part, or modify it in any way. In no event will the Program Sponsor or and Program Grants Administrator be liable for any incidental, consequential, special or indirect damages even if the Program Sponsor or and Program Grants Administrator have been advised of the possibility of such damages.

EXCLUSIONS

Employees of WWF and Studentawards Inc., their respective representatives, agents, advertising and promotional agencies, affiliated and related companies, and members of the immediate family (parents, children, siblings and spouse, regardless of where they live) and those with whom they are domiciled are not eligible.

Potential grant recipients will be required to sign a Declaration of Compliance and Release of Liability and a Grant Agreement before being awarded a grant. The signed declaration will include the winner's consent to the use of their name, city and province or territory of residence and photograph, without further compensation, in any publicity carried out by WWF Canada relative to this Program.

WWF Canada has final and binding discretion to decide all questions respecting the awarding of Grants, its administration and its terms.

All application information must be found by Studentawards Inc., the Program Scholarship Administrator, to be true, accurate, and complete and meet all the Green CommUnity Schools Granting Program eligibility requirements. The provision of false information will render the applicant ineligible for this scholarship and any prizing.

2. GRANT AGREEMENT TERMS AND CONDITIONS

Except as otherwise provided by its terms, the Grant Agreement shall be deemed to include the following terms and conditions:

RELATIONSHIP

Through the generous support of Loblaw Companies Limited, WWF-Canada will grant up to $200,000 each year to Canadian elementary and secondary schools. The grants will help reduce a community’s impact on the environment, increase understanding of environmental issues and solutions, stimulate environmental leadership, and inspire students and communities to take action.

The relationship between WWF-Canada and Grantee is solely that of grantor and grantee. WWF-Canada and Grantee are not engaged in an employer employee partnership, joint venture or agency relationship of any kind. Neither party has authority to create any obligations, express or implied, on behalf of the other.

ASSIGNMENT OF RIGHTS: SUBAGREEMENTS / THIRD PARTY AGREEMENTS

• Grantee may not assign its rights or delegate its obligations under the Agreement without prior written consent from WWF-Canada.
• Grantee may not engage any subcontractor to perform any obligation of Grantee set out in the Agreement without the prior written consent of WWF-Canada. Grantee will remain responsible for the performance of all or any part of its obligations set out in the Agreement performed by any approved subcontractors, and will be fully liable for any and all breaches of the Agreement by any approved sub-contractor.

USE OF FUNDS

• Funds may only be used for the purposes outlined in Grantee’s application for funding or, where applicable, as outlined in subsequent agreements or amendments with WWF-Canada. Funds may not be used for any other purpose without prior written approval of WWF-Canada.
• Only expenditures for reasonable, approved, and documented costs as identified in the Budget are allowable. All expenditures must be incurred during the term of the Agreement to be allowable.

UNUSED FUNDS

• Any portion of the grant not expended at the completion of the project or grant period will be returned to WWF-Canada within thirty (30) days of the termination or expiry of the Agreement.
• Grantee agrees to provide written notice to WWF-Canada and repay, upon demand, all unspent portions of the grant and WWF-Canada may suspend or cancel any unpaid grant instalments if any of the following events occur:
• There is a material change in the purpose, character or method of operation of Grantee; or
• Grantee fails to perform its duties outlined in the Agreement;
• Grantee is unable, in the judgment of WWF-Canada, to fulfill the purpose of the grant.

MATERIAL CHANGE

Grantee must provide immediate written notice to WWF-Canada of any factor or event (such as a change in estimated reporting timelines, financing, staffing, project cost, scope, nature, timing or any other factor) that may materially affect the outcome of an applicable project.

CREDITS AND PUBLIC AWARENESS

• Grantee will expressly mention WWF-Canada’s financial and moral support in all documents that are disseminated or published, as well as in the course of events organized, in connection with Agreement.
• Grantee will provide WWF-Canada with copies of all published written materials that mention, or relate to, the project activities which are the subject of the Agreement.
• Final reports and publications must bear the WWF-Canada logo and the following written acknowledgement:
• We gratefully acknowledge the support of WWF-Canada.
• A digital version of the WWF-Canada logo may be obtained by contacting the WWF-Canada contact. Logo placement on public communications materials must be approved by WWF-Canada in advance of publication and should be received by WWF-Canada at least ten (10) business days prior to Grantee’s approval deadline.
• Except as permitted by Section 6.3, Grantee agrees not to make any use of the WWF-Canada logo, except as authorized in writing by WWF-Canada.
• All publications, whether in written or electronic form (e.g. reports, internet, media) must be provided to the WWF-Canada Agreement Administrator in advance of release or publication. The WWF-Canada Agreement Administrator will liaise with WWF-Canada Communications to ensure compliance with branding guidelines.

PHOTOGRAPHIC IMAGES

If requested or specified in the Project statement of work or deliverables, colour slides, high-resolution digital images (at least 300 dpi) and/or print photographs must be included with the final report for the purpose of reporting publicly on the work and expenditure of funds. Grantee will cause the photographer to grant an irrevocable, royalty-free, perpetual, non-exclusive, sublicenseable license (and waiver of moral rights) to WWF-Canada and any entity of the government of Canada and its authorized representatives to use the photographs, including and without limitation for publication, display, broadcast and exhibition for promotion, art or illustration, and revision and alteration by electronic and other means in print, video, DVD, CD-ROM, Intranet, Internet, electronic databases, and in all other media and for all other uses.

The Grantee will, and will cause the photographer to, indemnify and hold harmless WWF-Canada and any entity of the government of Canada (and its authorized representatives) from all liability for libel, invasion of privacy, and all other causes of action and demands whatsoever as a result of any act, matter or thing whatsoever arising out of or in connection with the consent and authorization given by the photographer in the Agreement. When using photography, it is the practice of WWF-Canada and the governments of Canada to, wherever practical, credit the copyright owner and the photographer.

COMMUNICATION

Grantee agrees to make the project results available to relevant parties via newsletters, newspaper articles, websites, email distribution lists, or through publications of research findings in a scientific journal, as appropriate.

DISCLAIMER

Research reports and position papers must include the following disclaimer: The results and recommendations presented in this report do not necessarily represent the official position of WWF-Canada.

FINANCIAL RECORDS

• Grantee shall keep and maintain all records, invoices and other documents relating to the grant funds in a manner consistent with generally accepted accounting principles and clerical practices so that payments received and expenditure made pursuant to the Agreement can be readily identified and audited.
• Grantee shall hold and account for grant funds separately.
• Grantee agrees to maintain the above-mentioned financial records for a period of seven (7) years after the expiration or earlier termination of the Agreement. Records must include receipts for all approved expenditures. (Note: An exception may be made by WWF-Canada in its discretion for an expense of less than $25.00 including taxes if a receipt is not available.)

AUDITS AND EVALUATION OF GRANT

• WWF-Canada reserves the right to audit, or request an independent audit of, Grantee’s books of account and all other financial records relevant to the Agreement.
• At its own expense, WWF-Canada may monitor and conduct an evaluation of operations under the Agreement. The evaluation may include visits by representatives of WWF-Canada to the Grantee or project sites managed by the Grantee, to observe and discuss the funded program.

TAXES

Grantee shall be liable for all taxes arising out of payments made to it pursuant to the Agreement.

LOBBYING

Unless WWF-Canada otherwise consents in writing, Grantee agrees that no funds will be used for lobbying as defined under any federal, provincial or municipal lobbying codes, regulations or laws.

INTELLECTUAL PROPERTY RIGHTS

Any intellectual property rights arising from this project will be vested in Grantee. Grantee grants an irrevocable, royalty-free, perpetual and sublicensable license to WWF-Canada to produce, publish, translate, reproduce, adapt, broadcast or use the intellectual property at no cost for non-commercial purposes, provided however that WWF-Canada undertakes not to do so if in its judgment it determines that the exercise of such license rights may have a material detrimental effect.

INSURANCE

Grantee shall at its own expense obtain and maintain adequate insurance coverage in respect of all risks relating to this Agreement in accordance with good industry practice that is acceptable to WWF-Canada, unless WWF-Canada otherwise agrees in writing.

CONFIDENTIAL INFORMATION

• Grantee shall treat all information provided by WWF-Canada pursuant to the Agreement, including without limitation information regarding businesses, products, processes, inventions, trade secrets, strategies, donors, or information protected by privacy legislation (including without limitation applicable federal and provincial legislation regarding privacy and personal information protection) as confidential information and protect it to ensure full confidentiality. WWF-Canada may terminate the Agreement immediately upon any breach of this section 0.
• This Section 16 shall survive the termination or expiration of the Agreement.

INDEMNIFICATION

• Grantee hereby indemnifies WWF-Canada, together with its officers, directors, donors, employees and agents, from any and all claims, demands, liabilities, expenses, fines, penalties or money judgments arising from or related to the Agreement.
• WWF-Canada hereby indemnifies Grantee from any and all claims, demands, liabilities, expenses, fines, penalties or money judgments arising from or related to the Agreement.

TERMINATION

• For Cause. If WWF-Canada determines in its discretion at any time that Grantee has failed to comply with any term or condition of the Agreement, WWF-Canada may terminate the Agreement, in whole or in part, by giving written notice to Grantee. Such notice shall become effective upon receipt of such notice.
• For Convenience. For convenience, either party may terminate the Agreement at any time before its expiry by providing written notice. Such notice shall become effective immediately.
• WWF-Canada shall not be obligated to pay for any expenses incurred by Grantee after the effective date of any notice of termination. Upon such effective date, Grantee shall stop work and take all reasonable steps to preserve and protect all work product and deliverables produced to date and comply with instructions from WWF-Canada as to the disposition thereof. Upon termination, Grantee shall promptly submit to WWF-Canada a final technical report, a final financial report, and any unexpended project funds.
• As a registered charity, WWF-Canada has a strict policy of being non-partisan throughout its operations. In the event Grantee, or any employee of Grantee, decides to run in any government election, WWF-Canada shall have the right to immediately terminate the Agreement.

FORCE MAJEURE

Neither parties shall be liable if unable to continue, complete or otherwise perform its duties under the Agreement as a result of war, riot, civil unrest, rebellion or other disturbance, epidemic, quarantine restrictions, labour disputes, embargoes, or acts of God or acts of any government which acts or events preclude continuation or completion of the Agreement.

GOVERNING LAW

The Agreement shall be deemed a contract made under, and shall be construed and enforced in accordance with, the laws of Ontario. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario for the purpose of any suit, action or other proceeding arising out of the Agreement or the subject matter hereof.