Thank you for choosing to participate in the 3 Degree Guarantee program (“Program”). The following Terms and Conditions (“Terms and Conditions”) govern your participation in the Program. The Program is sponsored by WSLS (“Sponsor”). During the Program, eligible local charities are invited to join the list of charities to be considered as potential Program recipients. Eligible charities must be qualified for 501(c)(3) tax-exempt status (“Eligible Charity”). To join the Eligible Charity list (“List”), visit https://www.wsls.com/news/2022/09/05/apply-to-be-a-3-degree-guarantee-charity-program-recipient/ and accurately complete the submission form with the following information: legal name of charity; affirmatively check the box that it is qualified for 501(c)(3) status; contact name; contact phone number; contact email; charity website; charity social handle(s); any additional information the Sponsor may be interested in knowing about the charity.
THE PROGRAM
Sponsor will forecast the high temperature for a particular day (“Day”) during the Program. If the forecast high temperature is within three degrees of the actual measured high temperature on the Day, as determined in the Sponsor’s sole discretion, then the Sponsor will donate $10 to an Eligible Charity for that Day (“Recipient”). If the forecast high temperature is precisely the same as the actual measured high temperature on the Day, as determined in Sponsor’s sole discretion, then Sponsor will donate $100 to a Recipient for that Day. Sponsor will select one (1) Recipient, in its sole discretion, to receive donations each month while the Program is running. Sponsor is not required to pick a Recipient from the List and Eligible Charities on the List are not guaranteed to become Recipients. Recipients shall be selected at the Sponsor’s sole discretion from among all Eligible Charities. For tax purposes, any Recipient that receives donations of at least $600 will be required to accurately complete and submit IRS Form W-9 to the Sponsor and Sponsor will arrange to issue an IRS Form 1099 MISC to Recipient.
GENERAL TERMS:
Recipient selection process will remain confidential. Eligible Charities are not entitled to access the Recipient selection information. Recipient selection decisions are final and binding, and not subject to review, except at Sponsor’s sole discretion.
By completing the submission form, the Eligible Charity and each of its respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (“Charity Parties”) agree to be bound by these Program Terms and Conditions. Charity Party represents and warrants that charity meets all eligibility requirements, and agrees to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Charity Party of such warranties or representations made by Charity Party or of these Terms and Conditions.
If Sponsor determines, in its sole discretion and at any time during the Program, that any submission form content violates the submission requirements or, is otherwise unsuitable, offensive, or in poor taste, or violates these Terms and Conditions, Sponsor reserves the right to remove the Charity Party from the List and disqualify the Charity Party from the Program. Sponsor retains sole discretion as to whether any submission form or Charity Party satisfies the submission requirements and these Terms and Conditions. Decisions of Sponsor are final on all matters.
By completing a submission form, Charity Parties agree to release, discharge and hold harmless Sponsor, any other entity involved in the development or administration of the Program and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, Charity Party’s participation in this Program or any Program-related activities, including, without limitation, any misrepresentation made by the Charity Party in connection with the Program; any non-compliance by the Charity Party with these Terms and Conditions; or claims brought by persons or entities other than the parties to these Terms and Conditions arising from or related to the Charity Party’s involvement with the Program; or participation in any Program-related activity or participation in this Program. The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Program.
Sponsor is not responsible for any typographical or other error in the administration of the Program, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the Program, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a Charity Party’s ability to participate in the Program whether caused by computer, technical, or human error. Sponsor reserves the right to terminate or modify the Program or any portion of it for any reason. If Sponsor terminates the Program, Sponsor will post notice. Sponsor reserves the right to disqualify any Charity Party from further participation in the Program if Sponsor concludes, in its sole discretion, that such person/entity: (a) has attempted to tamper with the Program; (b) has disregarded or has attempted to circumvent these Terms and Conditions; (c) has committed fraud; or (d) has acted in an unfair, inequitable, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Terms and Conditions, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Terms and Conditions will not constitute a waiver of such Terms and Conditions. If there is a conflict between any term of these Terms and Conditions and any marketing or other materials used in connection with the Program, the terms of these Terms and Conditions will govern.