Rules and Regulations - ExploreNB Team Canada Jersey Contest

THIS CONTEST IS OPEN TO RESIDENTS OF CANADA AND IS GOVERNED BY CANADIAN LAW.

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

Standard data rates apply to entrants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. AGREEMENT TO BE LEGALLY BOUND BY THE OFFICIAL RULES: By submitting an entry into this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules (the “Rules”).

2. ELIGIBILITY: The Contest is open to legal residents of Canada who are located within Canada, have reached the legal age of majority in their province/territory of residence at the time of entry and awarding of the prize if applicable, and have a valid e-mail account. You are not eligible to participate if you are an employee, officer, director, representative or agent (or someone with whom any such person is domiciled, whether related or not) of the Government of New Brunswick or Tourism New Brunswick (collectively the “Sponsor”), Hockey Canada and each of their respective parent, divisions, subsidiaries, affiliates, advertising/promotion agencies or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”). Groups, clubs, organizations, businesses and commercial/non-commercial entities cannot participate. The information you provide will be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see Rule 21 below). In these Rules, where the context requires or permits, the term “Sponsor” includes a representative or agent of the Sponsor. In these Rules, a person who is eligible to enter the Contest is called an “entrant” or “eligible entrant”. See Rule 4 for the definition of an “Entry”.

3. CONTEST PERIOD: The Contest begins on December 19, 2022 at 11:00:00 a.m. Atlantic Standard Time (“EST”) and ends on January 9, 2023 at 11:59:59 a.m. AST (the “Contest Period”).

4. HOW TO ENTER: NO PURCHASE NECESSARY. Scan the QR code found on any point of sale material and/or advertisement material or visit https://TourismNewBrunswick.ca/TeamCanadaJersey [English] or https://TourismeNouveauBrunswick.ca/ChandailEquipeCanada [French] (each referred as the “Website” or collectively the “Websites”) and: (i) complete the Official Contest Entry Form with all required information (your full legal name; province/territory; postal code; and e-mail address) and telephone number (which is optional); (ii) signify your agreement that you have reached the age of majority in your province/territory of residence at the time of entry and that you have read and agree to be legally bound by the terms and conditions of these Rules (the “Entry Form”). Optional: Check the box to indicate that you would like to sign up and start receiving news about events; promotional offers; contest and other relevant information from the Sponsor being Tourism New Brunswick and the Government of New Brunswick (IMPORTANT NOTE: It is not necessary to opt-in to receive promotional communications from the Sponsor (Tourism New Brunswick and the Government of New Brunswick), and you can opt-out of receiving promotional communications from the Sponsor at any time without impacting your chances of winning in this Contest). Once you have fully completed the Entry Form with all required information and have read and agreed to the Rules, follow the on-screen instructions to submit your completed Entry Form (the “Entry”). To be eligible, your Entry must be submitted and received in accordance with these Rules. Upon receipt you will receive a “Thank you for entering” message. In addition, the Sponsor will send you a one-time e-mail confirming your entry. If you don’t see an e-mail in your inbox, check your spam, junk or any other folder your e-mail provider may push e-mails to. The information you provide will only be used for the administration of this Contest unless you opted in to receive future communication from the Sponsor and in accordance with the Sponsor’s privacy policy (see Section 21 below).

5. ENTRY LIMITS: There is a limit of one (1) Entry per person, during the Contest Period. For greater certainty and the avoidance of any doubt, an entrant can only use one (1) e-mail address and all personal information provided must be truthful and accurate. For further certainty and the avoidance of any doubt, an entrant can only use one (1) e-mail address to enter the Contest and such e-mail may only be used by one (1) person regardless of whether the e-mail is shared by two (2) or more people. An entrant may not submit an Entry on behalf of any other person, including without limitation but for greater certainty, another member of his/her household and/or any other family member who may not reside with an entrant. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry, during the Contest Period; and/or (ii) use multiple names, identities, e-mail addresses and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received in accordance with these Rules. The Sponsor, Contest Parties, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or other information (all of which is void).

6. VERIFICATION: All Entries and entrants are subject to verification at any time and for any reason. The Sponsor or its designated agent reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor, including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor or its designated agent deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor or its designated agent within the timeline specified by the Sponsor or its designated agent may result in disqualification of the entrant and any or all his/her Entries in the sole and absolute discretion of the Sponsor or its designated agent. Proof of transmission (post-marks, screenshots or captures etc.) or attempted transmission of a submission or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Contest computers or Sponsor or its designated agent. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor. All personal and other information requested by and supplied to the Sponsor or its designated agent for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor or its designated agent reserves the right; in its sole discretion to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. There shall be no recourse against the Sponsor or any Released Party in relation to any disqualified entrant.

7. CONDITIONS OF ENTRY: By entering and submitting an Entry into this Contest, eligible entrants acknowledge compliance with these Rules including all eligibility requirements; agree to abide by these Rules and by the decisions of the Sponsor with respect to all aspects of the Contest, including without limitation any decision respecting the eligibility or the identity of any person who participates or attempts to participate in the Contest. All decisions of the Sponsor are final and binding on all persons who enter the Contest. Entrants who have not complied with these Rules will be disqualified.

8. PRIZE AND APPROXIMATE RETAIL VALUE: There will be one (1) Team Canada jersey with signatures from members of the 2023 World Junior Team (the “Prize”) available to be won during the Contest Period. The approximate retail value of the Prize is $250.00 CAD. The Sponsor will select the style, colour and size of the jersey at its sole and absolute discretion and does not guarantee that all players of Canada’s World Junior Team will have signed the jersey. The Prize may not be exactly as show in any advertisement.

Without limiting the generality of the foregoing, the Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. The Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize with an item or items of equal or greater value, including, without limitation at Sponsor’s sole and absolute discretion, a cash award. The Prize will only be awarded to the person whose verifiable full name and valid e-mail address appears on the Entry Form associated with the Entry in question. By accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize does not prove satisfactory, either in whole or in part. The Prize winner is solely responsible for all costs not expressly described herein.

None of the Released Parties make any representation or offer any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement from, or pursue any legal or equitable remedy against, either the Sponsor or any of the other Released Parties, should his/her Prize, fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if his/her Prize does not prove satisfactory, either in whole or in part.

9. WINNER SELECTION PROCESS AND ODDS OF WINNING: On or about January 26, 2023 a random draw will be held in Grimsby, Ontario at approximately 11:00 a.m. Eastern Daylight Time (the “Draw Date”). One (1) eligible entrant will be randomly selected from among all eligible Entries that were submitted and received in accordance with these Rules during the Contest Period. The odds of winning the Prize depend on the total number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.

10. ELIGIBLE WINNER NOTIFICATION: The Sponsor or its designated representative will attempt to contact the eligible winner by e-mail (using the information provided on the Entry Form) within five (5) business days of the Draw Date. The Released Parties will not be responsible for failed attempts to contact the eligible winner. If the eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the eligible winner will be disqualified without any liability to the Sponsor whatsoever (and the disqualified eligible winner will have no claim against the Sponsor and Released Parties with respect to the Contest, or anything related to the Contest) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). The Sponsor and the Released Parties are not responsible for the failure of the eligible winner to receive notification or other communications, concerning this Contest or for the failure for any reason whatsoever of the Sponsor, or its designated representative, to receive the eligible winner’s response or other communications from the eligible winner concerning this Contest.

11. ACCEPTANCE OF PRIZE: No one is a winner unless and until the Sponsor officially confirms him/her as a winner in accordance with these Rules. Before being declared as a confirmed prize winner, the eligible winner will be required to: print, complete and return the Sponsor’s Declaration of Compliance with the Rules / Release of Liability and Consent to Publicity Form (the “Release Form”) including: (a) correctly answering a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by e-mail or other electronic means, by telephone, or in the Sponsor’s Release Form); and (b) sign and return within five (5) business days of notification the Sponsor’s Release Form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of his/her name, city/province/territory, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet (including, but not limited to, any social media platforms) unless prohibited by law. If the eligible winner: (a) fails to correctly answer the mathematical skill-testing question; (b) fails to return the properly executed Release Form within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) without any liability to the Sponsor and the Released Parties whatsoever, and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). The eligible winner may be required, at the Sponsor’s sole discretion, to provide the Sponsor or its designated agent with a copy of government issued photo identification showing his/her valid address. The eligible winner agrees to cooperate in any investigations by the Sponsor to confirm his/her eligibility and to help ensure that the use of such eligible winner and/or prize winner in advertising or publicity for the Contest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Contest or the Sponsor, as determined by the Sponsor in its sole discretion. No correspondence will be entered into except with the eligible winner. The Prize will be sent by mail or courier to the winner within forty-five (45) days of being confirmed the Prize winner.

12. PRIZE WINNER: If it is discovered that the Prize winner made any false statement in any document related to the Contest, the Prize winner must promptly return to the Sponsor upon demand the Prize, or at the election of the Sponsor the value of the Prize as stated in these Rules.

13. DISPUTE: In the event of a dispute as to the identity of an entrant, entries will be deemed to have been made by the authorized account holder of the e-mail address submitted at the time of entry. An "authorized account holder" is defined as the natural person assigned to an e-mail address by an Internet service provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail addresses. The eligible winner may be required to show proof of being the authorized account holder for the e-mail address associated with the winning Entry.

14. GENERAL: All Entries become the property of the Sponsor. The Sponsor, the Released Parties or its designated representative, do not assume any responsibility for and are not responsible for: (i) the incorrect or inaccurate capture for any reason of an Entry; (ii) Entries that fail to comply with these Rules; (iii) any loss, damage, or claims caused by the awarded Prize, or any component of the Prize or the Contest itself; (iv) any technical or communications failures affecting the Contest or the awarding of the Prize or any component of the Prize, or causing damage or injury to any person, including without limitation, any failure of a website during the Contest Period, any technical or communications problems, any human or technical error, any printing errors, any lost, misdirected, delayed, illegible, or garbled data or transmissions, any omissions, any interruption, any deletion, any defect, any failure of any telephone or computer lines, any technical malfunction of any computer on-line systems, servers, access providers, computer equipment or software, any failure of any e-mail or other electronic message, any loss or non-recording of any Entry on account of technical problems or traffic congestion on the Internet or at any website, any loss or delay in any mail or courier service, any combination of the foregoing, or any injury or damage to an eligible person, or any loss or injury or damage to any person's computer or other electronic devices, related to or resulting from uploading or downloading any material in the Contest, all of which may affect a person’s ability to participate in the Contest; or (v) any other matter whatsoever. Entry material/data that have been tampered with or altered are void. Sponsor and the Released Parties shall have no responsibility whatsoever for printing, prizing, programming, or production errors.

15. GOVERNING LAW: To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants/entrants, Sponsor or any of the other Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in New Brunswick in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

16. DISQUALIFICATION: It is the responsibility of any eligible person/entrant who submits an Entry into the Contest to ensure that he/she has complied in full with all of the conditions and requirements contained in these Rules. In addition to any other rights of the Sponsor or the Released Parties contained in these Rules, the Sponsor reserves the right in its sole discretion to disqualify any individual/entrant who is found to be tampering with the entry process, or with the operation of the Contest, to be acting in violation of these Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the apparent intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. The Sponsor and the Released Parties reserve the right to seek damages and other remedies from and against any such person/entrant to the fullest extent permitted by law. Entries generated by script, macro, programmed, robotic or other automated means are prohibited and will be disqualified.

17. DISCREPANCIES: In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: website, the entry form, French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

18. FOR QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

19. FORCE MAJEURE/PRINTING AND PROMOTION ERRORS: The Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”), to suspend or terminate this Contest or to amend, enlarge or modify these Rules at any time and in any way, without prior notice. Without limiting the generality of the foregoing, and subject to the approval of the Régie which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is impaired or corrupted in any way or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, glitches, or printing or production errors) have destroyed or severely undermined the integrity, and/or feasibility of the Contest, in whole or part. In the event the Sponsor is impeded or prevented from continuing with the Contest as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or health hazard or crisis, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), any Federal, Provincial, or local government law, order, or regulation, public health crisis, the order of any court or government agency of applicable jurisdiction, or by any other cause not reasonably within the Sponsor’s control, the Sponsor shall have the right to modify, suspend, or terminate the Contest. Subject to the provisions of these Rules, only the type and number(s) of Prizes described in these Rules will be awarded in the Contest. If, due to printing, prizing, programming, production or other errors or for any other reason whatsoever, the number of individuals claiming the right to receive a Prize exceeds the number of Prizes available to be won as set out in these Rules, the Sponsor may, at is sole discretion, elect to award only the correct number of Prizes (i.e. the Prize as described in Rule 8 above) by means of a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be the only remedy available in such circumstances for any eligible person who has participated in the Contest. Under no circumstances shall the Sponsor be required to award or distribute more than the correct number of Prizes. The Sponsor reserves the right, subject to the approval of the Régie, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant or Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

20. INVALIDITY: The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Rules solely for ease of reference and shall not be deemed or considered to affect in any manner the meaning or intent of these Rules or any provision hereof. These Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Subject to the provisions of these Rules, employees of the Sponsor, or of any of its representatives, are not authorized to modify, amend or waive these Rules.

21. CONSENT TO USE PERSONAL INFORMATION: The Sponsor respects your right to privacy. To view the Tourism New Brunswick, privacy policy visit https://tourismnewbrunswick.ca/privacy. By participating in this Contest, entrants consent to the use of their personal information for the purpose of administering the Contest, for the purposes set out in these Rules, and in accordance with the Sponsor’s privacy policy. In the course of conducting this Contest, the Sponsor will acquire certain personal information as submitted by persons seeking to enter the Contest. If any such person chooses to “opt into” receiving future communications from the Sponsor, the Sponsor from time to time will send that person e-mail notifications of other events, news, promotional offers, contest and other matters which the Sponsor deems is of public interest. A person can ask the Sponsor to remove his/her name from that e-mail list by contacting the Sponsor in the manner specified in the Sponsor’s privacy policy on the Sponsor’s website at https://tourismnewbrunswick.ca/privacy.

22. INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations is owned by Sponsor, Hockey Canada and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

23. By entering the Contest, each entrant acknowledges and agrees that Hockey Canada or any locations that is displaying Contest material are in no way responsible for the administration of the Contest or the selection of the winner and that all such responsibility rests with the Sponsor. By participating in the Contest, each entrant releases and agrees to indemnify the Sponsor, and the other Released Parties, and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of the use of Prize.