Heels to Heal Walk-a-thon Rules & Regulations
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY IN CONSIDERATION of being permitted to participate in the Fairview Mall Heels to Heal Walk-a-thon (the "Event"), I for myself, and for personal representatives, assigns, heirs, estate, executor, administrator, and next of kin, (the "Releasors"):
Walk-a-thon date: Sunday, May 15, 2011
I. ELIGIBILITY
Registrants must be 16 years of age or older at time of entry. The walk-a-thon will have a First, and Second Place Prize. All (male/female) registrants will participate in the same walk-a-thon and are eligible for the same prizes. There will be a First Place Prize for the team that raises the most donations before the registration and fundraise deadline (see below). Participants who wear heels during the walk during all laps qualify for a special prize valued at over $1,000. Refer to section IV regarding shoe requirements for both men and women.
II. OVERVIEW
May 15, 2011, Fairview Mall Leaseholds (hereinafter, Fairview Mall) will host the “Heels to Heal" walk-a-thon (hereinafter, the “Walk-a-thon”), with registration proceeds going to support cancers below the waist at North York General Hospital, (hereinafter, the “Charity”). The Walk-a-thon will be made up of one group consisting of women and men, and participants may form sub groups with no less than 2 members and no more than 5 members. The Walk-a-thon will be along the inside perimeter of the upper level inside Fairview Mall which is approximately 5 kilometers.
III. HOW AND WHEN TO REGISTER
To register, log on to www.fairviewmall.ca (linked from either Fairview Mall’s home page or the North York General Hospital website, www.nygh.on.ca) and go to the registration page. Registrations can be completed online or in person at the event. Complete the registration form entering all required information. Incomplete registration forms will NOT be accepted and registrants will not qualify to participate in the Walk-a-thon. In order to participate registrants are required to collect or donate a minimum of $60 CDN. Donations can be submitted online by credit card or pre-authorized banking information. Donations can also be accepted offline (in person at the event during registration) by credit card, cheque or cash using an official Heels to Heal Pledge form. All offline donations collected must be submitted to North York General Hospital Foundation on or before May 12, 2011. The first 100 on-line registrants will receive a bonus “swag bag” for early registration valued at over $100!
The on-line registration deadline is 11:59 pm on Saturday, May 14, 2011. Registration and personal data of all registrants and donors remain the property of the Charity and will not be shared or sold to or with other third party organizations, or sponsors. The Charity, Fairview Mall, Sponsors and Agencies are not responsible for failed, partial, or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the participant registration, selection process, or any part of the Walk-a-thon is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Walk-a-thon, the Walk-a-thon reserves the right, in its sole discretion, to disqualify any individual who tampers with the registration process, and to cancel, terminate, modify or suspend the Walk-a-thon. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, registrations; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any Web-site, or any combination thereof, including any injury or damage to registrant's or any other person's computer related to or resulting from participation in or downloading any materials.
IV. WALK-A-THON DESCRIPTION, ADDITIONAL REQUIREMENTS AND LIMITATIONS
Fairview Mall recommends registering online, however you can register on-site during the registration period between 8:00am and 9:00am (ET) on Sunday, May 15, 2011. Check in registration at the event will begin at 8:00 a.m. All participants must check in at the Walk-a-thon site before 9:00 a.m., on Sunday, May 15, 2011 or may be disqualified from further participation in any related Walk-a-thon. No refunds will be made. Valid, legal, government issued, photo identification is required at check in. The Walk-a-thon will take place on the upper level and registration and kick-off will be near the main elevator on the upper level at Fairview Mall.
Shoe requirements and restrictions for both men and women are as follows: minimum heel height of three (3) inches, with a maximum heel circumference of three (3) inches; no wedges; no shoes that slip on (for example a mule or a clog or something similar); shoes must either have a solid back or a strap or something similar; no part of the shoe can extend above the ankle; no boots or booties; no taping or otherwise adhering shoes to your feet; shoe cannot be modified or altered from its original and intended design in any way. Shoes will be checked by Walk-a-thon officials at the time of registration on the morning of the Walk-a-thon and are subject to rejection at the officials' sole discretion. In order to successfully complete the Walk-a-thon, participants must cross the finish line with at least one heel intact.
Walk-a-thon organizers, in their sole discretion, have the absolute right to disqualify and/or remove any Walk-a-thon attendee that displays unsportsmanlike behavior.
V. PRIZE(S)
A special prize valued at over $1,000 will be awarded to the participants that choose to wear stilettos while they walk the 5 laps around the inside path of Fairview Mall. These participants will have to have their heels measured at the registration booth that morning before the walk in order to qualify. Section IV outlines these requirements. One special swag bag will contain a $250 shop! card plus a style session with Fairview’s Personal Style Consultant (total prize valued over $400). The first 100 on-line registrants will receive a bonus “swag bag” for early registration valued at over $100. The declaration of prize winnings and any subsequent payment of Government taxes, if any, are the sole responsibility of the winners. Fairview Mall in its sole discretion may substitute prizes of equal or greater value.
VI. WAIVER & RELEASES
1. Represent and warrant that I am in good health and physical condition, and acknowledge and understand that participation in and attendance at the Event involves certain risks and dangers of accidents, serious personal and bodily injury, including death, either specifically as a result of participation in the Event or generally in connection with my attendance thereat. I understand, have considered and evaluated the nature, scope, and extent of the risks involved, and I voluntarily and freely choose to assume these risks;
2. Fully and forever release, waiver and discharge North York General Hospital, North York General Hospital Foundation, all sponsoring companies, and elected and appointed officials, and each their respective administrators, directors, agents, officers, shareholders, members (including, without limitation, any Celebrities participating in the Event), employees, affiliates, subsidiaries and other related parties and any volunteers, other participants, sponsors, advertisers of the Event, the owner and lessors of the premises on which the Event takes place, and all of their respective successors and assigns (collectively, the "Released Parties") from any and all losses, damages, injuries, howsoever occurring, whether by negligence or otherwise (including death), claims, demands, lawsuits, expenses (including legal fees and disbursements), and any other liability of any kind, of or to me or any other person, directly or indirectly arising out of or in connection with my participation in and attendance at the Event, including, without limitation, transportation related to the Event;
3. Agree not to initiate any lawsuit, court action or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of loss, damage, or injury sustained by me or others, howsoever occurring, whether by negligence or otherwise, in connection with my participation in and attendance at the Event, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any loss, damage, or injury that I may experience related to the Event including, without limitation, transportation related to the Event;
4. Waive my insurers' right to make a claim against the Released Parties based on insurance payments made to me or on my behalf for any reason. This means my insurers have no right of subrogation;
5. Agree to hold harmless, indemnify and reimburse the Released Parties from and for any sums, costs, or expenses (including legal fees and disbursements) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage, injuries, howsoever occurring, whether by negligence or otherwise (including death), claims, demands, lawsuits, expenses and any other liability of any kind, sustained by me or others in connection with my participation in the Event, including, without limitation, transportation related to the Event. This means that I will reimburse the Released Parties if anyone makes a claim against them based on damages or injuries I suffer;
6. Understand that the Released Parties do not provide any insurance, either life, medical or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in and attendance at the Event. If I want insurance of any kind, I must obtain my own. I will pay my own medical emergency expenses and all subsequent medical expenses in the event of any illness, accident, or injury in connection with the Event;
7. I further agree that this document is governed by the laws of the Province of Ontario and operates to the benefit of the Released Parties as well as their administrators, successors and assigns, and is binding on me and my heirs, administrators, successors, assigns, insurers and estate.
8. I understand that by agreeing to participate in this event I authorize North York General Hospital to contact me by e-mail and/or in writing or by phone when deemed necessary by the event organizers.
VII. MISCELLANEOUS; CANCELLATION; WINNERS' LIST
Walk-a-thon Charity reserves the right, in its sole discretion, to disqualify any individual who tampers with the Walk-a-thon, the registration for the Walk-a-thon or any other element that may in any way effect the administration, fairness and/or execution of the Walk-a-thon and to cancel, terminate, modify and/or suspend the Walk-a-thon in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete the Walk-a-thon as originally planned.
The Walk-a-thon will take place rain or shine. In the rare event that a cancellation or postponement occurs (due to unforeseen circumstances) registration donations will not be refunded. Prizes will still be rewarded as per section VI.
Participants and winners may be posted on www.fairviewmall.ca, www.facebook.com/FairviewMall, www.twitter.com (Fairview’s official Twitter account), www.youtube.com, www.nygh.on.ca, www.nygh.on.ca/foundation websites following the Walk-a-thon.
VIII. PRIVACY
The Charity is collecting personal data about registrants for the purpose of administering this Walk-a-thon. No further informational or marketing communications will be received by registrants unless registrants provide the Charity with explicit permission to do so as indicated on the registration form. Please see Fairview Mall Privacy Policy at www.fairviewmall.ca and North York General Hospital Foundation Privacy Policy at www.nygh.on.ca/foundation for more information on privacy policy.
This Walk-a-thon will be run in accordance with these rules, subject to amendment by the Charity. Registrants must comply with these rules, and will be deemed to have received and understood the rules by registering for the Walk-a-thon. The terms of this Walk-a-thon, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein.
BY SUBMITTING THIS ENTRY, I ACKNOWLEDGE HAVING CAREFULLY READ, FULLY UNDERSTOOD, AND AGREE TO THE ABOVE WAIVER, RELEASE AND INDEMNITY. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT AND HAVE AGREED TO IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I GIVE FULL PERMISSION FOR THE USE OF MY PHOTOGRAPH OR IMAGES TO BE USED BY ANY OF THE PARTIES (AS DEFINED ABOVE) IN CONNECTION WITH THE EVENT WITHOUT FURTHER COMPENSATION. (IF PARTICIPANT IS UNDER 18 YEARS OF AGE, PARENT OR GUARDIAN MUST ACCEPT THE CONDITIONS OF THIS WAIVER).
* All references to shop! card refer to the Cadillac Fairview gift card program.