Rules and Regulations

All Provinces excluding Quebec

The goal of Capital One® Race for Kids™ is for participants and teams to enjoy themselves while taking part in a unique National Fundraising Event for Boys and Girls Clubs of Canada. This adventure race will allow participants to return to the best adventures of their childhood, to embrace the carefree days of being a kid, and to bond as a team as they challenge their skills while raising funds for all boys and girls to have the same opportunity. Participants are required to abide by the rules and regulations of the event.

There is a suggested registration fee of $10 per team member. See Sections 11 through 15 for further details, or for how to register without paying this fee. Chances of winning the race depend on the collective skill and speed of each team as well as the number of eligible teams who have entered the race. Chances of winning a moneys-raised award are based on the skill and fundraising efforts of each member of a given team as well as the number of eligible teams who have entered the race, and the fundraising efforts of each team. Chances of winning the draw depend on the number of eligible ballots received.

RULES

1. The race shall take place on Saturday June 1, 2013 (“Event Day”) in various cities and towns across Canada (other than Quebec) where the local Boys and Girls Clubs of Canada (“Local Club”) is promoting the race (each being a “Race”). During the course of the Race, the Local Club will hold a random draw for awards (each being a “Random Draw”) (together, the Race and Draw are referred to in these Rules and Regulations as the “Event”). The Race consists of 10 Checkpoint “Challenges” that teams must complete prior to crossing the finish line. The teams must decipher a “Checkpoint Clue” to determine the location of each Checkpoint. At each Checkpoint, the Challenges may consist of a small puzzle or challenge that your team will need to successfully complete (as determined by the Capital One Race for Kids™ officials (“Official”) in order to receive a “Checkpoint Token”. In order to win the Race, the team (all 4 team members) must be the first to reach the finish line with all 10 Checkpoint Tokens in hand and having solved the Capital One Race for Kids™ “Puzzle”.

2. In the case of a tie, the Official may assign a tie-breaking challenge to the tied teams. The winner of the final challenge (as determined by the Official in their sole and absolute discretion) will be named the winner of the Capital One Race for Kids™.

3. Travel in the course of the Race is only permitted by foot or public transit. Teams are not permitted to use any alternative mode of transportation during the Race. The only exception to this rule is if a Local Club event organizer explicitly designs a checkpoint challenge to include operation of a vehicle, in which case the individual checkpoint requirements will authorize alternative vehicular transportation.

4. The Race is administered by Boys and Girls Clubs of Canada. Boys and Girls Clubs of Canada and/or the Official reserves the right to eliminate any participant and/or any teams if they fail to abide by these Rules and Regulations.

5. Teams must stay together at all times during the Race and must complete each challenge as a team unless otherwise instructed by an Official.

6. Participants must wear any official Capital One Race for Kids™ t-shirt (“Shirt”) and bib numbers – if provided - at all times (unless instructed otherwise by the Officials) in such a way that it, and any printing on it, is visible at all times (i.e. may wear additional clothing under the Shirt).

7. All four members of a team must be present at the Checkpoint location before beginning the Challenge. If there is more than one team at a Checkpoint location, the teams will complete the Challenge on a first-come, first-served basis. An exception will be made in the event that a team has a race advantage*. See section 7a, 7b and 7c for how to obtain race advantages.

*Race Advantages: There are three types of race advantages that teams may earn: a Checkpoint Bypass Card, a Head Start or a Final Puzzle Clue (“Race Advantages”). The Race Advantage available at a given Capital One Race for Kids™ Race, will be determined and publicized by the Local Clubs no later than March 1, 2013. Eligibility and benefit of each Race Advantage are defined as follows:

7a) Checkpoint Bypass Card
Eligibility: Each team achieving a team fundraising target of $1,000 is awarded a Checkpoint Bypass Card.
Advantage: An Official will allow a team with a Checkpoint Bypass Card to advance to the front of the line at any one Checkpoint location. Teams must relinquish their card to the Official at that location. If one team with a Checkpoint Bypass Card arrives at a particular Checkpoint location while another team with a Checkpoint Bypass Card is already there and both teams are using their Checkpoint Bypass Card at that particular location, the teams will advance to the front of the line in the order they arrived at the Checkpoint location. In other words, the second team to arrive at a Checkpoint location will not be allowed to proceed ahead of the first team who arrived at the Checkpoint location with the Checkpoint Bypass Card.

OR

7b) Head Start
Eligibility: Head starts are given to teams for reaching specific fundraising targets as follows:

I.    $750 fundraised dollars = 1 minute
II.    $1,000 fundraised dollars = 3 minutes
III.    $1,500 fundraised dollars = 5 minutes

Advantage: At the start of the Race, teams meeting the minimum fundraising targets as described above will be given the corresponding head start on the Race.

OR

7c) Final Puzzle Clue
Eligibility: Teams meeting a minimum fundraising target of $1,000 will be given a Final Puzzle Clue.
Advantage: At the end of the Race, the clue may help teams solve the final puzzle.

8. Participants may not accept physical help, assistance, support, guidance and/or contributions of any kind towards the completion of the Checkpoint Challenges, clues or Capital One Race for Kids™ Puzzle from any persons other than their teammates.

9. The Releasees (defined below) will not be held responsible for any Checkpoint Challenge deemed to be offensive to teams or participants. Failure to participate in any Checkpoint Challenge will result in the team’s being required to sit out a time penalty or disqualification from the Race, as determined by the Official in their sole and absolute discretion.

10. All participants must obey laws, regulations, bylaws and rules of the road and comply with the directions of the Capital One Race for Kids™ Officials, authorities and property/venue owners. Boys and Girls Clubs of Canada, their sponsors and the Releasees (defined below) are not responsible for the actions of participants during the course of the Race.

ELIGIBILITY FOR RACE

11. To be eligible to participate in the Capital One Race for Kids™, participants must be a legal resident of Canada (excluding Quebec), and must be eighteen (18) years of age or older on the Event Day. All participants must submit a signed copy of the Participation, Liability, and Publicity Release and Waiver to Boys and Girls Clubs of Canada. The waiver is made available to participants at the time of registration, and must be completed and submitted at that time. Any participants who are eighteen years old and who reside in jurisdictions where nineteen (19) years of age is considered to be the age of majority will be required to have a parent or legal guardian sign the waiver form on their behalf. Participants must register as a team of four (4) eligible participants. If any member of the team is absent on Event Day, the remaining team members may still participate in the Race, but will be ineligible to win any award. Participants must either raise and submit a combined team non-refundable registration fee of $40 per team ($10 per teammate), or submit a “no purchase” registration as described below. Registration must be complete by noon on Friday, May 31st (in your local time zone) to be eligible to win the Race.

12. To be eligible to win the Race, the team a) must have raised and contributed to the Capital One Race for Kids™ event registration site the minimum suggested fundraised amount of $360 (in addition to the registration fee for a total team contribution of $400) or must have submitted a “no purchase” registration as described below, b) all four (4) team members must be present and have participated in the Race from the Start Line to crossing the Finish Line, c) present 10 Checkpoint Tokens, d) be confirmed by the event Officials as having completed all 10 Checkpoints and e) solve the Capital One Race for Kids™ Puzzle within the duration of the Race (“Winning Criteria”).

13. No Purchase Registration. To register to participate in the Race without submitting a $40 registration fee or raising the suggested $360, each member of a team may submit a unique and original minimum 100 word essay on the subject of “The importance of the services provided by the Boys and Girls Clubs of Canada”.

14. Any donations made to a team that chooses not to compete in the event, does not raise the minimum suggested amount, or does not register via the No Purchase Registration option will not be eligible for refunds.

15. In the sole and absolute discretion of the Officials, any person with confidential knowledge concerning the Capital One Race for Kids™ is NOT eligible to win the Race. However, those persons are not precluded from entering and participating in the Race event.

DISQUALIFICATION FROM RACE

16. The Officials reserve the right to disqualify any team or participant engaging in any behaviour contrary to these Rules & Regulations. This applies to teams or participants that are acting in unsportsmanlike or illegal behaviour, are endangering their personal safety and well-being, or the safety and well-being of competing teams or the general public, all as determined by the Officials in their sole and absolute discretion. If a participant is disqualified, their entire team will also be disqualified and will not be able to continue competing in the Race.

17. Officials reserve the right, to end, postpone or amend the Race, to amend or change these Rules and Regulations, or disqualify any participant(s), if for any reason they believe that participants or teams may not be able to safely complete the Race, or for any other reason.

RANDOM DRAW
18. Anyone wishing to participate in the Random Draw must be eighteen (18) years of age or older on the Event Day and must complete, submit a ballot that includes their full name, address and daytime contact number and correctly answer a time-limited mathematical skill-testing question without help. Any participants who are eighteen years old and who reside in jurisdictions where nineteen (19) years of age is the age of majority will be required to have a parent or legal guardian sign the liability and publicity release form on their behalf. Participants in the Capital One Race for Kids™ who registered for the Race by either method described in sections 12 and 13 of these Rules and Regulations are automatically entered into the Random Draw. There is no purchase necessary to enter. The Random Draw will occur during the course of the Race and winners will be announced at the after party. Winners names will be published on the Capital One Race for Kids™ website.
Before being confirmed as a winner and given an award, the selected entrant must:

Correctly answer a time-limited mathematical skill-testing question without help, mechanical or otherwise;
Sign a liability and publicity release form, in a form acceptable to Boys and Girls Clubs of Canada;
Provide proof of age and residency, in a form acceptable to Boys and Girls Clubs of Canada;
Otherwise comply with the Rules and Regulations, as applicable.

If the winner is not present at the after party, the Local Club, acting reasonably, will attempt to contact the selected entrants at the telephone number provided within two (2) business days after the draw. In the event a selected entrant cannot be contacted within two (2) business days after the draw, he or she will be disqualified and an alternate entry will be selected in accordance with these Rules and Regulations. Winners who are not present during the draw, and who are contacted successfully by the Local Club, may pick up their awards at the Local Club during the week following the draw.

19. The liability and publicity release forms will be provided to the selected entrants. If the liability and publicity release forms are not signed and returned within five (5) days from the time that the Local Club provides them to the selected entrant, if the skill-testing question is not answered correctly or if the award is declined, the award will be forfeited. Boys and Girls Clubs of Canada reserves the right to select another eligible entrant (and the requirements above would apply to the newly selected entrant) or to cancel the award.

AWARDS FOR RACE AND RANDOM DRAW

The awards available to be won for each Race will be posted by the Local Clubs on April 1, 2013.

Capital One Race for Kids™ 2013 Fundraising Award
A Fundraising Award will be awarded to the individual that raises the highest fundraising total at Friday, May 31st 2013 at 11:59pm. The highest fundraising individual will be eligible to receive a travel voucher or vouchers from WestJet® Airlines Ltd.

20. Before being confirmed the winner of any award, each entrant (either a member of the eligible team or an individual who has entered a ballot into the Random Draw) will be asked to correctly answer a time-limited mathematical skill-testing question without any mechanical or other assistance. By virtue of accepting an award, the recipient of any award further permits Boys and Girls Clubs of Canada or Capital One Race for Kids™ sponsors to use their (and or their teams’) name, city of residence and photograph and/or video image in any publicity or advertising with no additional compensation and releases Boys and Girls Clubs of Canada, Capital One Race for Kids™ sponsors and their respective agents, officers, directors, employees and representatives from any and all liability damages, costs, expenses and claims arising out of or related to the given award. The Releasees (defined below) are not responsible for any distribution of an award between the participants on a winning team.

21. All dollar amounts mentioned are Canadian dollars. The winners must accept the applicable award as given. Awards are not transferable. Boys and Girls Clubs of Canada will deliver the applicable award to the confirmed winner. In the event that all or any component of an award is unavailable, Boys and Girls Clubs of Canada reserves the right to substitute the award or award component with one of equal or greater value. Boys and Girls Clubs of Canada will not be responsible if any factors beyond its reasonable control prevent any awards from being fulfilled. Boys and Girls Clubs of Canada is not responsible for providing insurance, financial or tax advice.

22. The award winners are solely responsible for all costs not expressly described as being part of the awards. In other words, if applicable, all costs associated with taxes, fuel/currency surcharges, ground transportation, meals, beverages, room service, gratuities, merchandise, telephone calls, taxis, required or recommended travel documentation, insurance, personal expenses of any kind or nature, and any applicable overnight layover are excluded. Flight and hotel reservations are subject to availability, additional restrictions and blackout dates. Boys and Girls Clubs of Canada is not responsible for any delay, postponement, suspension, unavailability, rescheduling or cancellation, for any reason, of any flights or hotels, and Boys and Girls Clubs of Canada will not compensate the award winners in the event of any of the above. If applicable, the winner(s) must travel within one year of being declared a winner, or risk forfeiting the award. If applicable, the winners must have all necessary documentation to permit international travel (passports, visas etc.), and may not have any barrier to entry into their country of destination, or re-entry into Canada. If a winner does not utilize any part(s) of the award, then any such part(s) not utilized will be forfeited in its entirety and nothing will be substituted in its place. Boys and Girls Clubs of Canada and Capital One Race for Kids™ sponsors reserve the right at any time to place reasonable restrictions on the availability or use of an award or any component thereof. By accepting an award, the winners and the travel companions agree to waive all recourse against the Releasees (defined below) if an award or a component thereof does not prove satisfactory, either in whole or in part. Neither Boys and Girls Clubs of Canada nor Capital One Race for Kids™ sponsors will replace any lost or stolen tickets, vouchers, certificates or gift cards.

INTERRUPTIONS

23. It is expressly understood that the Event may be filmed for promotional purposes including broadcast on television. In an effort to accommodate the execution/planning/filming of the Event, it may be necessary for the Officials to (i) augment these Rules and Regulations with verbal or written instructions during the Event, (ii) delay the start of, or interrupt and restart, any given challenge, or (iii) otherwise amend or intervene in the operation of the Event. The Officials shall, in their sole and absolute discretion, make reasonable efforts to ensure that, if there is any positive or negative impact to a team’s performance caused by such amendments or interventions, such impact will be equally balanced among all teams.

ADDITIONAL TERMS & CONDITIONS

24. Participation in the Event requires all participants to abide by these Rules and Regulations. Participants who do not comply with these Rules and Regulations may be subject to disqualification, in the sole and absolute discretion of the Officials. Boys and Girls Clubs of Canada reserves the right to disqualify any entrant whose character or conduct, if declared to be the winner, could bring the reputation of the Capital One Race for Kids™, its sponsors or the Boys and Girls Clubs of Canada into disrepute. Boys and Girls Clubs of Canada reserves the right to modify the Rules and Regulations in any way at any time it deems necessary or appropriate without materially affecting the terms and conditions of the Capital One Race for Kids™.

25. Boys and Girls Clubs of Canada reserves the right to withdraw, amend or suspend this Event (or to amend these Rules and Regulations) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Boys and Girls Clubs of Canada that interferes with the proper conduct of the Event as contemplated by these Rules and Regulations. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Event in any way (as determined by Boys and Girls Clubs of Canada in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Boys and Girls Clubs of Canada reserves the right to seek remedies and damages to the fullest extent permitted by law. Boys and Girls Clubs of Canada reserves the right to cancel, amend or suspend the Event, or to amend these Rules and Regulations, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Boys and Girls Clubs of Canada reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

26. Boys and Girls Clubs of Canada reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules and Regulations, to the extent necessary, for purposes of verifying compliance by any entrant with these Rules and Regulations, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Boys and Girls Clubs of Canada, in its sole and absolute discretion, affect the proper administration of the Event as contemplated in these Rules and Regulations, or for any other reason.

RELEASE OF LIABILITY

27. Boys and Girls Clubs of Canada, Capital One, Capital One Race for Kids™ sponsors, their affiliates and all of their directors, officers, employees, agents, as well as their respective advertising and promotional agencies (collectively, the “Releasees”) assume no responsibility for late, lost, stolen, destroyed, misdirected, illegible or otherwise indecipherable registrations, for any failure or technical malfunction of any website, telephone networks, online computer systems or equipment, servers, access providers or software, poor reception or technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof. The Releasees further assume no liability for any injury or damage to a participant’s or any other person’s computer or other property related to or resulting from participating in the Event, or from accessing or downloading any material relating to the Event.

28. Nothing in these Rules and Regulations limits or excludes any liability of the Releasees for death or personal injury caused by their negligence, or for fraud or any other liability that cannot lawfully be limited or excluded. Subject to the foregoing, by participating in the Event, all participants agree to release and hold harmless the Releasees from any injury, loss or damage of any kind to persons or property, including but not limited to death, resulting in whole or in part, directly or indirectly from participation in any Event-related activities or from the acceptance, receipt, possession, use or misuse of any award or portion of any award. The Event activities are designed to be enjoyable and safe, but there is always a potential for danger; participants recognize and accept that by participating in the events, they may suffer bodily injury up to and including death.

CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION

29. By participating in the Event and voluntarily providing personal information including, but not limited to, name, address and telephone number (the Registrant Information), each participant grants permission to Boys and Girls Clubs of Canada and to its affiliates to collect and use the Registrant Information to administer the Event and grant the awards, and for any other purposes required or permitted by law, in accordance with our privacy policy, which is available for review on the Boys and Girls of Canada website.

Quebec

There is a suggested registration fee of $10 per team member. See Sections 11 through 15 for further details, or for how to register without paying this fee. Chances of winning the race depend on the collective skill and speed of each team as well as the number of eligible teams who have entered the race. Chances of winning a moneys-raised award are based on the skill and fundraising efforts of each member of a given team as well as the number of eligible teams who have entered the race, and the fundraising efforts of each team. Chances of winning the draw depend on the number of eligible ballots received.

RULES

1. The race shall take place on Saturday June 1, 2013 (“Event Day”) in Montreal, Quebec, where the local Boys and Girls Clubs of Canada (“Local Club”) is promoting the race ( the “Race”). During the course of the Race, the Local Club will hold a random draw for awards (the “Random Draw”) (together, the Race and Draw are referred to in these Rules and Regulations as the “Event”). The Race consists of 10 Checkpoint “Challenges” that teams must complete prior to crossing the finish line. The teams must decipher a “Checkpoint Clue” to determine the location of each Checkpoint. At each Checkpoint, the Challenges may consist of a small puzzle or challenge that your team will need to successfully complete (as determined by the Capital One Race for Kids™ officials (“Official”) in order to receive a “Checkpoint Token”. In order to win the Race, the team (all 4 team members) must be the first to reach the finish line with all 10 Checkpoint Tokens in hand and having solved the Capital One Race for Kids™ “Puzzle”.

2. In the case of a tie, the Official may assign a tie-breaking challenge to the tied teams. The winner of the final challenge (as determined by the Official in their sole and absolute discretion) will be named the winner of the Capital One Race for Kids™.

3. Travel in the course of the Race is only permitted by foot or public transit. Teams are not permitted to use any alternative mode of transportation during the Race. The only exception to this rule is if a Local Club event organizer explicitly designs a checkpoint challenge to include operation of a vehicle, in which case the individual checkpoint requirements will authorize alternative vehicular transportation.

4. The Race is administered by Boys and Girls Clubs of Canada. Boys and Girls Clubs of Canada and/or the Official reserves the right to eliminate any participant and/or any teams if they fail to abide by these Rules and Regulations.

5. Teams must stay together at all times during the Race and must complete each challenge as a team unless otherwise instructed by an Official.

6. Participants must wear any official Capital One Race for Kids™ t-shirt (“Shirt”) and bib numbers – if provided - at all times (unless instructed otherwise by the Officials) in such a way that it, and any printing on it, is visible at all times (i.e. may wear additional clothing under the Shirt).

7. All four members of a team must be present at the Checkpoint location before beginning the Challenge. If there is more than one team at a Checkpoint location, the teams will complete the Challenge on a first-come, first-served basis. An exception will be made in the event that a team has a race advantage*. See section 7a, 7b and 7c for how to obtain race advantages.

*Race Advantages: There are three types of race advantages that teams may earn: a Checkpoint Bypass Card, a Head Start or a Final Puzzle Clue (“Race Advantages”). The Race Advantage available at a given Capital One Race for Kids™ Race, will be determined and publicized by the Local Clubs no later than April 1, 2013. Eligibility and benefit of each Race Advantage are defined as follows:

7a) Checkpoint Bypass Card
Eligibility: Each team achieving a team fundraising target of $1,000 is awarded a Checkpoint Bypass Card.
Advantage: An Official will allow a team with a Checkpoint Bypass Card to advance to the front of the line at any one Checkpoint location. Teams must relinquish their card to the Official at that location. If one team with a Checkpoint Bypass Card arrives at a particular Checkpoint location while another team with a Checkpoint Bypass Card is already there and both teams are using their Checkpoint Bypass Card at that particular location, the teams will advance to the front of the line in the order they arrived at the Checkpoint location. In other words, the second team to arrive at a Checkpoint location will not be allowed to proceed ahead of the first team who arrived at the Checkpoint location with the Checkpoint Bypass Card.

OR

7b) Head Start
Eligibility: Head starts are given to teams for reaching specific fundraising targets as follows:

I.    $750 fundraised dollars = 1 minute
II.    $1,000 fundraised dollars = 3 minutes
III.    $1,500 fundraised dollars = 5 minutes

Advantage: At the start of the Race, teams meeting the minimum fundraising targets as described above will be given the corresponding head start on the Race.

OR

7c) Final Puzzle Clue
Eligibility: Teams meeting a minimum fundraising target of $1,000 will be given a Final Puzzle Clue.
Advantage: At the end of the Race, the clue may help teams solve the final puzzle.

8. Participants may not accept physical help, assistance, support, guidance and/or contributions of any kind towards the completion of the Checkpoint Challenges, clues or Capital One Race for Kids™ Puzzle from any persons other than their teammates.

9. The Releasees (defined below) will not be held responsible for any Checkpoint Challenge deemed to be offensive to teams or participants. Failure to participate in any Checkpoint Challenge will result in the team’s being required to sit out a time penalty or disqualification from the Race, as determined by the Official in their sole and absolute discretion.

10. All participants must obey laws, regulations, bylaws and rules of the road and comply with the directions of the Capital One Race for Kids™ Officials, authorities and property/venue owners. Boys and Girls Clubs of Canada, their sponsors and the Releasees (defined below) are not responsible for the actions of participants during the course of the Race.

ELIGIBILITY FOR RACE

11. To be eligible to participate in the Capital One Race for Kids™, participants must be a legal resident of Quebec, and must be the age of majority on the Event Day. All participants must submit a signed copy of the Participation, Liability, and Publicity Release and Waiver to Boys and Girls Clubs of Canada. The waiver is made available to participants at the time of registration, and must be completed and submitted at that time. Participants must register as a team of four (4) eligible participants. If any member of the team is absent on Event Day, the remaining team members may still participate in the Race, but will be ineligible to win any award. Participants must either raise and submit a combined team non-refundable registration fee of $40 per team ($10 per teammate), or submit a “no purchase” registration as described below. Registration must be complete by noon on Friday, May 31st (in your local time zone) to be eligible to win the Race.

12. To be eligible to win the Race, the team a) must have raised and contributed to the Capital One Race for Kids™ event registration site the minimum suggested fundraised amount of $360 (in addition to the registration fee for a total team contribution of $400) or must have submitted a “no purchase” registration as described below, b) all four (4) team members must be present and have participated in the Race from the Start Line to crossing the Finish Line, c) present 10 Checkpoint Tokens, d) be confirmed by the event Officials as having completed all 10 Checkpoints and e) solve the Capital One Race for Kids™ Puzzle within the duration of the Race (“Winning Criteria”).

13. No Purchase Registration. To register to participate in the Race without submitting a $40 registration fee or raising the suggested $360, each member of a team may submit a unique and original minimum 50-word essay on the subject of “The importance of the services provided by the Boys and Girls Clubs of Canada”.

14. Any donations made to a team that chooses not to compete in the event, does not raise the minimum suggested amount, or does not register via the No Purchase Registration option will not be eligible for refunds.

15. In the sole and absolute discretion of the Officials, any person with confidential knowledge concerning the Capital One Race for Kids™ is NOT eligible to win the Race. However, those persons are not precluded from entering and participating in the Race event.

DISQUALIFICATION FROM RACE

16. The Officials reserve the right to disqualify any team or participant engaging in any behaviour contrary to these Rules & Regulations. This applies to teams or participants that are acting in unsportsmanlike or illegal behaviour, are endangering their personal safety and well-being, or the safety and well-being of competing teams or the general public, all as determined by the Officials in their sole and absolute discretion. If a participant is disqualified, their entire team will also be disqualified and will not be able to continue competing in the Race.

17. Officials reserve the right, subject to the approval of the Régie des alcools, des courses et des jeux, if applicable, to end, postpone or amend the Race, to amend or change these Rules and Regulations, or disqualify any participant(s), if for any reason they believe that participants or teams may not be able to safely complete the Race, or for any other reason.

RANDOM DRAW

18. Anyone wishing to participate in the Random Draw must have reached the age of majority on the Event Day and must complete, submit a ballot that includes their full name, address and daytime contact number and correctly answer a time-limited mathematical skill-testing question without help. Participants in the Capital One Race for Kids™ who registered for the Race by either method described in sections 12 and 13 of these Rules and Regulations are automatically entered into the Random Draw. There is no purchase necessary to enter. The Random Draw will occur during the course of the Race and winners will be announced at the after party. Winners names will be published on the Capital One Race for Kids™ website.
Before being confirmed as a winner and given an award, the selected entrant must:

Correctly answer a time-limited mathematical skill-testing question without help, mechanical or otherwise;
Sign a liability and publicity release form, in a form acceptable to Boys and Girls Clubs of Canada;
Provide proof of age and residency, in a form acceptable to Boys and Girls Clubs of Canada;
Otherwise comply with the Rules and Regulations, as applicable.

If the winner is not present at the after party, the Local Club, acting reasonably, will attempt to contact the selected entrants at the telephone number provided within two (2) business days after the draw. In the event a selected entrant cannot be contacted within two (2) business days after the draw, he or she will be disqualified and an alternate entry will be selected in accordance with these Rules and Regulations. Winners who are not present during the draw, and who are contacted successfully by the Local Club, may pick up their awards at the Local Club during the week following the draw.

19. The liability and publicity release forms will be provided to the selected entrants. If the liability and publicity release forms are not signed and returned within five (5) days from the time that the Local Club provides them to the selected entrant, if the skill-testing question is not answered correctly or if the award is declined, the award will be forfeited. Boys and Girls Clubs of Canada reserves the right to select another eligible entrant (and the requirements above would apply to the newly selected entrant) or to cancel the award.
AWARDS FOR RACE AND RANDOM DRAW

The awards available to be won for each Race will be posted by the Local Clubs no later than April 1, 2013.

Capital One Race for Kids™ 2013 Fundraising Award
A Fundraising Award will be awarded to the individual that raises the highest fundraising total at Friday, May 31st 2013 at 11:59pm. The highest fundraising individual will be eligible to receive a travel voucher or vouchers from WestJet® Airlines Ltd.

20. Before being confirmed the winner of any award, each entrant (either a member of the eligible team or an individual who has entered a ballot into the Random Draw) will be asked to correctly answer a time-limited mathematical skill-testing question without any mechanical or other assistance. By virtue of accepting an award, the recipient of any award further permits Boys and Girls Clubs of Canada or Capital One Race for Kids™ sponsors to use their (and or their teams’) name, city of residence and photograph and/or video image in any publicity or advertising with no additional compensation and releases Boys and Girls Clubs of Canada, Capital One Race for Kids™ sponsors and their respective agents, officers, directors, employees and representatives from any and all liability damages, costs, expenses and claims arising out of or related to the given award. The Releasees (defined below) are not responsible for any distribution of an award between the participants on a winning team.

21. All dollar amounts mentioned are Canadian dollars. The winners must accept the applicable award as given. Awards are not transferable. In the event that all or any component of an award is unavailable, Boys and Girls Clubs of Canada reserves the right to substitute the award or award component with one of equal or greater value. Boys and Girls Clubs of Canada will not be responsible if any factors beyond its reasonable control prevent any awards from being fulfilled. Boys and Girls Clubs of Canada is not responsible for providing insurance, financial or tax advice.

22. The award winners are solely responsible for all costs not expressly described as being part of the awards. In other words, if applicable, all costs associated with taxes, fuel/currency surcharges, ground transportation, meals, beverages, room service, gratuities, merchandise, telephone calls, taxis, required or recommended travel documentation, insurance, personal expenses of any kind or nature, and any applicable overnight layover are excluded. Flight and hotel reservations are subject to availability, additional restrictions and blackout dates. Boys and Girls Clubs of Canada is not responsible for any delay, postponement, suspension, unavailability, rescheduling or cancellation, for any reason, of any flights or hotels, and Boys and Girls Clubs of Canada will not compensate the award winners in the event of any of the above. If applicable, the winner(s) must travel within one year of being declared a winner, or risk forfeiting the award. If applicable, the winners must have all necessary documentation to permit international travel (passports, visas etc.), and may not have any barrier to entry into their country of destination, or re-entry into Canada. If a winner does not utilize any part(s) of the award, then any such part(s) not utilized will be forfeited in its entirety and nothing will be substituted in its place. Boys and Girls Clubs of Canada and Capital One Race for Kids™ sponsors reserve the right at any time to place reasonable restrictions on the availability or use of an award or any component thereof. By accepting an award, the winners and the travel companions agree to waive all recourse against the Releasees (defined below) if an award or a component thereof does not prove satisfactory, either in whole or in part. Neither Boys and Girls Clubs of Canada nor Capital One Race for Kids™ sponsors will replace any lost or stolen tickets, vouchers, certificates or gift cards.
INTERRUPTIONS

23. It is expressly understood that the Event may be filmed for promotional purposes including broadcast on television. In an effort to accommodate the execution/planning/filming of the Event, it may be necessary for the Officials to (i) augment these Rules and Regulations with verbal or written instructions during the Event, (ii) delay the start of, or interrupt and restart, any given challenge, or (iii) otherwise amend or intervene in the operation of the Event. The Officials shall, in their sole and absolute discretion, make reasonable efforts to ensure that, if there is any positive or negative impact to a team’s performance caused by such amendments or interventions, such impact will be equally balanced among all teams.

ADDITIONAL TERMS & CONDITIONS

24. Participation in the Event requires all participants to abide by these Rules and Regulations. Participants who do not comply with these Rules and Regulations may be subject to disqualification, in the sole and absolute discretion of the Officials. Boys and Girls Clubs of Canada reserves the right to disqualify any entrant whose character or conduct, if declared to be the winner, could bring the reputation of the Capital One Race for Kids™, its sponsors or the Boys and Girls Clubs of Canada into disrepute. Boys and Girls Clubs of Canada reserves the right to modify the Rules and Regulations in any way at any time it deems necessary or appropriate without materially affecting the terms and conditions of the Capital One Race for Kids™.

25. Boys and Girls Clubs of Canada reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux, if applicable, to withdraw, amend or suspend this Event (or to amend these Rules and Regulations) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Boys and Girls Clubs of Canada that interferes with the proper conduct of the Event as contemplated by these Rules and Regulations. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Event in any way (as determined by Boys and Girls Clubs of Canada in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Boys and Girls Clubs of Canada reserves the right to seek remedies and damages to the fullest extent permitted by law. Boys and Girls Clubs of Canada reserves the right to cancel, amend or suspend the Event, or to amend these Rules and Regulations, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Boys and Girls Clubs of Canada reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

26. Boys and Girls Clubs of Canada reserves the right, in its sole and absolute discretion, subject to the approval of the Régie des alcools, des courses et des jeux, if applicable, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules and Regulations, to the extent necessary, for purposes of verifying compliance by any entrant with these Rules and Regulations, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Boys and Girls Clubs of Canada, in its sole and absolute discretion, affect the proper administration of the Event as contemplated in these Rules and Regulations, or for any other reason.

RELEASE OF LIABILITY

27. Boys and Girls Clubs of Canada, Capital One, Capital One Race for Kids™ sponsors, their affiliates and all of their directors, officers, employees, agents, as well as their respective advertising and promotional agencies (collectively, the “Releasees”) assume no responsibility for late, lost, stolen, destroyed, misdirected, illegible or otherwise indecipherable registrations, for any failure or technical malfunction of any website, telephone networks, online computer systems or equipment, servers, access providers or software, poor reception or technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof. The Releasees further assume no liability for any injury or damage to a participant’s or any other person’s computer or other property related to or resulting from participating in the Event, or from accessing or downloading any material relating to the Event.

28. Nothing in these Rules and Regulations limits or excludes any liability of the Releasees for death or personal injury caused by their negligence, or for fraud or any other liability that cannot lawfully be limited or excluded. Subject to the foregoing, by participating in the Event, all participants agree to release and hold harmless the Releasees from any injury, loss or damage of any kind to persons or property, including but not limited to death, resulting in whole or in part, directly or indirectly from participation in any Event-related activities or from the acceptance, receipt, possession, use or misuse of any award or portion of any award. The Event activities are designed to be enjoyable and safe, but there is always a potential for danger; participants recognize and accept that by participating in the events, they may suffer bodily injury up to and including death.

CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION

29. By participating in the Event and voluntarily providing personal information including, but not limited to, name, address and telephone number (the Registrant Information), each participant grants permission to Boys and Girls Clubs of Canada and to its affiliates to collect and use the Registrant Information to administer the Event and grant the awards, and for any other purposes required or permitted by law, in accordance with our privacy policy, which is available for review on the Boys and Girls of Canada website.

OTHER INFORMATION

30. If applicable, any litigation respecting the conduct or organization of any aspect of the Race or the Draw may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the granting of an award may be submitted to the Régie only for purpose of helping the parties reach a settlement.

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