THE HALO FOUNDATION - TERMS AND CONDITIONS
The HALO Foundation ClubHALO Program Terms
The HALO Foundation “ClubHALO Program” terms and conditions agreement are made by and between The HALO Foundation, a 501c3 nonprofit, having its principal place of business at 1600 Genessee, Suite 200 Kansas City, MO 64102 and registered members of the ClubHALO Program participants. This Agreement enters into effect as of the date Participants accept the Agreement upon signing up for ClubHALO, effective October 6th, 2022.
1. ELIGIBILITY. This Program is open to Participants who are age 18 years or younger at the time of entry, along with Parents/Legal Guardians for younger kids participating who are under the age of 13, Educators and ClubHALO Chapter Leaders (“Participants”). It is also open to HALO Employees who are serving as Administrators adding content and discussion topics. This Program is not open to: (1) 19 years or older, unless serving as a Parent/Legal Guardian, Educator and/or ClubHALO Chapter Leader. This Program is not open to individuals residing in Cuba, Iran, Syria, North Korea, Dubai, Myanmar (formerly Burma) and Sudan. This Program is void in these countries and where otherwise prohibited or restricted by law.
2. HOW TO PARTICIPATE. To participate in the Program, visit https://www.clubhalo.org, accurately and truthfully complete the online registration form, agree to the terms and conditions of this Agreement, and follow the other instructions at the website listed above.
3. REWARDS. Subject to the terms and conditions of this Agreement, and once confirmed by The HALO Foundation, Participants will be able to accrue “points” that can be redeemed for reward(s). Rewards will be redeemable through ClubHALO. Rewards have no cash value and shall not be redeemed for cash.
The approximate value of rewards are subject to change based on current market conditions at the time of reward redemption. Participants are not entitled to any surplus between actual value (AV) of a reward and stated AV and any difference between stated AV and actual value of the reward will not be awarded. No substitution, assignment, transfer, or cash redemption of any reward is allowed. The HALO Foundation reserves the right to substitute a reward with another reward of equal or greater value should the advertised reward become unavailable for any reason. If applicable, rewards may be fulfilled in the form of voucher(s), coupon(s) and/or gift card(s) in The HALO Foundation’s sole discretion. If a Participant is unable to participate in or accept a reward or any portion of a reward for any reason, The HALO Foundation shall have no further obligation to such Participant. The HALO Foundation will not replace any lost or stolen rewards. In no event will The HALO Foundation be responsible for fulfilling more than the stated number of rewards. Participants acknowledge and agree that rewards are available in limited quantities and reward type and availability are subject to change at The HALO Foundation’s sole discretion. The HALO Foundation shall have no obligation or liability to Participants for any changes made to reward type or availability.
4. CONDITIONS. This Program is subject to applicable federal, state and local laws. By participating in the ClubHALO Program, Participants agree: (a) to be bound by these terms and conditions and the decisions of The HALO Foundation, which shall be final and binding; and (b) to waive any right to claim ambiguity in the Program or these terms and conditions, except where prohibited by law. By participating in the Program, all Participants agree to release and hold harmless The HALO Foundation and its directors, employees, officers, licensees, licensors and agents, and respective advertising and Program entities and any person or entity associated with the administration of the Program (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a reward, or their participation in the Program, or their participation in any Program or reward related activity. Each Participant acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any reward or the Program. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed; and each Participant will accept the reward “AS IS.” All costs and expenses, including support services, not specifically listed above as part of the reward, are solely the Participant’s responsibility.
None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Program; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Program; or (e) technical or human error which may occur in the administration of the Program or the processing of entries.
Use of any automated entry device or software is prohibited. Creation or use of multiple accounts for registration or participation in the Program is prohibited. To the extent the Program uses or requires functionality of any third-party website (e.g., social media sites or platforms that enable broad communications, collaboration and/or posting of videos), you understand that the Program is not sponsored by such third parties, and further agree to follow the policies on such website(s), as applicable, including the privacy policies contained on such sites. The HALO Foundation reserves the right to disqualify any Participant it finds to be tampering with the reward process or the operation of the Program or violating these terms and conditions, and reserves the right to cancel the Program should it suspect fraud or for reasons out of the control of The HALO Foundation. Disputes regarding these terms and conditions and/or this Program will be governed by the internal laws of California. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PERSON FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE HALO FOUNDATION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
All Participants are solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or company policies, if any, regarding Participant's participation in the Program or redemption and acceptance of Program rewards; and by entering this Program, Participant confirms that he or she is not in violation of any of the foregoing and has obtained the consent of his or her employer to participate, if applicable. If a Participant is not permitted to accept any redeemed reward, then the Participant may return such prize to The HALO Foundation; and The HALO Foundation will refund the cost of shipment, as appropriate.
Subject to applicable law, The HALO Foundation reserves the right, in its discretion, to (a) cancel, terminate, modify or suspend this Program and these terms and conditions, for any reason, at any time and without any liability, and (b) limit or restrict participation in the Program, upon notice.
5. PUBLICITY. Participants acknowledge and agree that The HALO Foundation may use the Program for publicity, advertising or other marketing purposes in any media, and may use the name, likeness, and state of residence and/or reward information of potential Participants as part of that publicity, without additional compensation to the potential Participants.
6. COMPUTER, INTERNET, AND PROGRAM ADMINISTRATION. The HALO Foundation is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by The HALO Foundation on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. 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 which, in The HALO Foundation’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Program, The HALO Foundation reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program. If the Program is canceled or otherwise terminated for any reason, notice will be posted on the Program website and the rewards may, in The HALO Foundation’s discretion, be awarded to eligible Participants. Any rewards not so awarded will terminate.
7. PRIVACY. Any personal information collected by The HALO Foundation will be used for the administration of the Program and in accordance with The HALO Foundation’s privacy policy. Any questions regarding privacy matters should be directed to the address set out below. Please refer to The HALO Foundation’s Influitive privacy policy located at https://www.clubhalo.org/privacy_policy for important information regarding the collection, use and disclosure of personal information by The HALO Foundation.
8. CONFIDENTIAL INFORMATION. In connection with the Program, Participants may receive proprietary The HALO Foundation information. Participants shall hold confidential and shall not use or permit others to use any proprietary information identified as such in writing or orally by The HALO Foundation or information which Participant knows or has reason to know is confidential, proprietary or trade secret information of The HALO Foundation.
9. FORCE MAJEURE. The HALO Foundation shall not be liable for any delay or failure in performance whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics, pandemics, and similar occurrences. The obligations and rights of The HALO Foundation shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.
10. NO WAIVER. No waiver of rights under this Agreement by either party shall constitute a waiver of this or any other right under this Agreement.
11. SEVERABILITY. In the event that any term of this Agreement becomes or is declared illegal by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.
12. SURVIVAL. Sections 3, 4, 6, 8, 11 and any rights and obligations which by their nature should survive termination or expiration, shall survive the termination or expiration of this Agreement.
13. NO AGENCY. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
14. ENTIRE AGREEMENT. This Agreement is the entire agreement between the parties hereto concerning the subject matter hereof and replaces any prior oral or written communications between the parties.
The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of ClubHALO.
Are there third parties that collect personal information?
In order to verify the age of users entering ClubHALO, we use an Age Estimation Portal through Yoti as a step to join the platform after proving appropriate age to meet the threshold of under the age of 19. Yoti’s process on collecting and immediately deleting personal information is listed under the “How does the Age Verification process work?” section.
Users may have the option to use Facebook, Twitter, or LinkedIn to log in to the platform, but HALO does not have access to that information as it is used as a vehicle to access ClubHALO.
In the future, ClubHALO may partner with other parties for the purpose of redeeming rewards and receiving physical prizes. In these instances, users would need to enter a shipping address in order to receive the rewards earned. As of right now, we are not partnered with any third parties in this regard.
How do children get access to ClubHALO?
Through the registration process on www.haloworldwide.org/clubhalo-for-kids/, users will use Yoti’s Age Verification Portal, which is designed to give ClubHALO Administrators proof of relevant age for potential ClubHALO users without sharing any personal information with HALO. After registration completion and age verification, users will then be able to access the platform on www.clubhalo.org.
How does the Age Verification process work?
Yoti acts as a data minimizing tool between the user and HALO. The process works like the following:
The Age Estimation program analyzes a face scan, or selfie, to make sure the image is of a real person, and not a 2D image, mask or bot. This captures multiple images and by Yoti’s age estimation technology will determine the user’s age. Yoti will then calculate if the user is within the threshold of ClubHALO’s age requirement, 18 years and under. Yoti deletes the image as soon as the age range is given. The information we collect from you is for the purpose of determining whether you are the right age to access ClubHALO safely.
The ID Verification program extracts the date of birth data source from the ID document to calculate the age of the user. Users between the ages of 13 and 18 may use this method to prove their age, fitting within the ClubHALO age requirement of 18 years and under.
Yoti uses cookies for security purposes. These are first-party cookies that do not hold any identifiable information. You can read more about Yoti’s Age Verification Privacy Policy here. See below for more resources for Yoti:
What information do we collect?
Users will directly provide the following personal information during the ClubHALO registration process and continuously through the platform from the child and/or parent/guardian:
If we find that we have collected information from a child in a manner that violates the provisions of COPPA, we will either delete the information or promptly seek the parents’ approval for that collection.
How is this information used?
Personal information, such as time zone and hobbies, is used to better target activities to the child along with allowing the child to make information accessible for other ClubHALO members through public discussion posts that are moderated by ClubHALO Administrators. Parental/Guardian approved email address is used for log-in purposes, announcements of new content, reminders, and communication directly with ClubHALO Administrators. At any time, users and/or guardians can opt out of receiving emails from ClubHALO by contacting ClubHALO Administrators. A shipping address is used for any rewards being redeemed and needing to be shipped to a location and is not collected by third parties.
ClubHALO does not allow for participants to directly message other ClubHALO participants. The direct message feature is only available between ClubHALO Administrators and ClubHALO participants for the purpose of answering ClubHALO-related questions and concerns.
What are my parental rights?
ClubHALO will not require a child to disclose more information than is reasonably necessary to participate in an activity. For the protection of the user, parental/guardian consent is required for the collection, use, and disclosure of information entered directly from the user. After completing the registration, including age estimation, an email will be sent to the email linked to the ClubHALO account. Upon receiving this email, a parent/guardian will need to verify consent prior to ClubHALO Administrators admitting the child into the platform. As it relates to ClubHALO Chapters, a parent/guardian must submit their consent directly to the ClubHALO Chapter Coordinator who will pass along the consent to a ClubHALO Administrator.
In accordance with the rules of COPPA, we shall request a parent or guardian’s email address before collecting any personal information from a child on any child-targeted application, or in any situation where we inquire for age and conclude the user is age 12 or younger. If you suspect your child is participating in a personal information-gathering activity and you or another parent/guardian has not received an email offering notice or requesting your approval, please contact us at christinacummins@haloworldwide.org. Any and all inquiries from a parent/guardian may be directed to christinacummins@haloworldwide.org, as well.
At any time, parents/guardians can refuse to permit HALO to collect further personal information from their child and can request that any personal information HALO has collected be deleted from ClubHALO.
We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their child.
Parents/guardians can agree to the collection and use of their child’s information, but still not allow disclosure to third parties unless that’s part of the service.
If a parent/guardian does not consent within a reasonable time, ClubHALO will delete the parent’s online contact information, along with the ClubHALO account linked to the email address, from our records.
Notice for International users
ClubHALO is designed for and targeted to United States audiences, and is governed by and operated in accordance with the laws of the United States. We make no representation that ClubHALO is operated in accordance with the laws or regulations of any other nations. Information collected through ClubHALO may be stored and processed in the United States or any other country in which we or our service providers maintain facilities.