OFFICIAL CONTEST RULES (the “Rules”)
EXPLORE NORTHERN ODYSSEY 2023
YOU COULD WIN A SNOWMOBILE ODYSSEY (the “Contest”)
THIS CONTEST IS OPEN TO RESIDENTS OF THE PROVINCE OF QUEBEC AND IS GOVERNED BY THE LAWS APPLICABLE THEREIN.
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 the Province of Quebec who are located within the Province of Quebec, have reached the legal age of majority in the Province of Quebec 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”), Destination The Northern New Brunswick Odyssey including the region of Edmundston, Campbellton, Chaleur Region and Acadian Peninsula, (each referred as a “Prize Supplier” or collectively the “Prize Suppliers”) 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. Eastern Standard Time (“EST”) and ends on January 29, 2023 at 11:59:59 a.m. EST (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 www.TourismNewBrunswick.ca/NorthernOdyssey2023 [English] or www.TourismeNouveauBrunswick.ca/OdysseeNord2023 [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; 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 the Province of Quebec 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: (i) 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 the Government of New Brunswick and Tourism New Brunswick (IMPORTANT NOTE: It is not necessary to opt-in to receive promotional communications from the Sponsor (Government of New Brunswick and Tourism 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) Explore Northern Odyssey in 2023 with Snowmobiling along The Northern New Brunswick Odyssey (the “Prize”) available to be won during the Contest Period. The Prize consist of a five-day / four-night trip for two (2) (the Prize winner and his/her guest) to weave your snowmobile between the beautiful bays, ancient mountains, and pristine peninsula, along the Northern Odyssey trails including:
• Four (4) nights’ moderate hotel or motel accommodations or at a bed and breakfast (one (1) night in each of the following four (4) regions: Bathurst; Campbellton; Edmundston and the Acadian Peninsula) as selected by the Prize Supplier in its sole and absolute discretion (based on double occupancy in one (1) standard room);
• $1,000.00 CAD in food and gas vouchers awarded as:
i. One (1) $750.00 CAD pre-paid gift card as selected by the Prize Supplier in its sole and absolute discretion to assist with the cost of the winner and his/her guest meals and any other expenses they may incur during their trip;
ii. One (1) $250.00 CAD pre-paid gas gift card as selected by the Prize Supplier in its sole and absolute discretion to help defray the cost of gasoline while travelling around the Northern Odyssey trails;
• Two (2) – five (5) day snowmobile trail permits (NOTE: The trail permits expiry will expire either: (a) if trip is taken during the 2023 snowmobile season the trail permits will expire on or about April 15, 2023 or (b) if the trip is taken during the 2024 snowmobile season the trail permits will expire on or about April 15, 2024). NOTE: There are 8,000 km of managed Snowmobile Trails in the Province of New Brunswick and are maintained and groomed by local NBFSC Member Clubs. Trail permits must be affixed to the bottom dead centre of a snowmobile’s windshield to allow you access to the trail system;
• One (1) Seasonal Park Pass for entry to any of New Brunswick Provincial Parks where the Seasonal Park Pass is accepted and is valid for the 2023 season or if the trip is taken during the 2024 snowmobile season the winner will be awarded a 2024 Seasonal Park Pass (herein referred as a “Seasonal Park Pass”) subject to each participating Provincial Parks opening and closing dates. The “Seasonal Park Pass” provides the winner with one (1) vehicle entrance to any of the eight (8) provincial parks: République (Where Nature, Culture and History Meet); Herring Cove (The Nature’s Lover’s Retreat); Mactaquac (The Four-Season Playground); Mount Carleton (The Canadian Appalachian Experience); Murray Beach (The Seashore Discovery Beach); New River Beach (The Fundy Tidal Beach); Parlee Beach (Canada’s Warmest Saltwater Beach); and Sugarloaf (The Mountain of Adventure). The winner will have unlimited opportunities to enjoy the above Provincial Parks within the province of New Brunswick during each Provincial Parks operating season. Visit https://www.parcsnbparks.info/ to learn more about each Provincial Park. NOTE: The list of participating Provincial Parks is subject to change without notice. Some Provincial Parks may offer activities within their property. Any costs associated with participating in these activities, is at the sole responsibility of the winner and his/her guests;
• Two (2) Northern Odyssey sweatshirts as selected by the Prize Supplier in its sole and absolute discretion (NOTE: The winner and guest will be required to provide the Prize Supplier with his/her preferred size of sweatshirt).
IMPORTANT INFORMATION: The winner and his/her guest are responsible for supplying their own return transportation to and from their residence to New Brunswick. The winner and his/her guest are responsible for supplying their personal snowmobiles during the trip. If the winner and his/her guest do not own snowmobiles they are responsible for any and all related rental costs associated with renting snowmobiles during their trip which are subject to availability at the time of reservations. If required by law, the winner and his/her guest must each be able to present to any governing body the proper licencing and insurance requirements to operate a snowmobile. Snowmobile trail passes are not transferable and if not used the winner will forfeit this part of his/her prize without liability to the Sponsor and Prize Supplier.
The approximate retail value of the Prize is $2,600.00 CAD. Under no circumstances will the Prize value exceed $2,600.00 CAD nor will the Prize Suppliers or Sponsor issue a cheque to the winner for $2,600.00 CAD, nor will the Prize Suppliers or Sponsor issue a cheque to the winner for any difference between the actual value of the trip and the approximate retail value of $2,600.00 CAD nor will the Prize Suppliers or Sponsor issue a cheque to the winner if he/she can’t afford to pay for any cost that is incremental to the cost of the trip. If the total value of the trip is more than $2,600.00 CAD the winner will be required to provide to the Prize Suppliers a valid credit card to cover all cost over and above the $2,600.00 CAD. Choice of hotel or motel accommodations (including, without limitation, room size and occupancy) are at the sole and absolute discretion of the Prize Suppliers.
Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash; (ii) no substitutions except at Prize Supplier and Sponsor’s option; (iii) all travel related to the Prize must be completed either: (a) on or before the end of the 2023 snowmobile season which is anticipated to end on or around April 15, 2023 or (b) during the 2024 Snowmobile season which is anticipated to commences on or around January 4, 2024 and end on or around April 15, 2024 and (otherwise the Prize may, in the sole and absolute discretion of the Prize Supplier and Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) reservations, will be accepted based on space availability and must be booked either: (a) a minimum of two (2) weeks prior to the anticipated departure date if the winner wishes to redeem the trip during the 2023 snowmobile season or (b) a minimum of four (4) weeks prior to the anticipated departure date if the winner wishes to redeem the trip during the 2024 snowmobile season; (v) certain other restrictions may apply and no frequent flyer miles or other rewards points will be available in relation to the Prize; (vi) the confirmed Prize winner and his/her guest must travel on same itinerary (and all elements of trip must be taken during the same itinerary or the Prize will be forfeited without liability to the Sponsor and Prize Supplier); (vii) the costs of everything not specifically stated above as included in the Prize are the sole and absolute responsibility of the confirmed Prize winner and his/her guest, including, without limitation: meals and drinks; gratuities; tours, entertainment; health and travel insurance (it is recommended that the confirmed winner and his/her guest obtain sufficient personal insurance for the duration of the trip, including medical insurance, prior to departure); and adhering to all laws, rules, regulations, and mandates related to, concerning, or arising from COVID-19-related travel restrictions and requirements, complying with COVID-19 testing, vaccination, and/or quarantine requirements, gas, and items of a personal nature (NOTE: confirmed Prize winner and/or his/her guest may be required to present a valid major credit card in his/her name or in the name of his/her travel guest at the time of each hotel check-in to cover any incidental expenses); (viii) if the confirmed Prize winner and/or his/her guest do not utilize any part(s) of the Prize, then any such part(s) not utilized, in the sole and absolute discretion of the Sponsor and Prize Supplier, will be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (ix) the Sponsor and Prize Supplier reserve the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value; (x) all travel arrangements relating to the Prize must be made through the Prize Supplier designated agent; (xi) by accepting the Prize, the confirmed winner and his/her guest agree to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and (xii) the confirmed winner’s guest must: (a) be a legal resident of the Province of Quebec; (b) if the guest is not of the age of majority in the province of Quebec then the parent or legal guardian must be travelling with the minor; and (c) sign (or in the case of a minor the parent or legal guardian must sign) and return the Sponsor’s guest release (by the date indicated on the guest release form) indicating that he/she waives all recourse against the Released Parties relating to his/her participation in the Prize (including, without limitation, any travel related thereto). All details and arrangements for the Prize, including travel dates and times, accommodations, are subject to Prize Suppliers sole and absolute discretion and final approval and availability. All items associated with the Prize shall be selected by the Prize Suppliers in their sole and absolute discretion and are subject to availability at the time of reservation.
Gift Card Terms: Pre-paid gift card(s) may be issued from a major credit card company and/or gas company and are selected by the Prize Supplier in its sole and absolute discretion. The gift card(s) are subject to the terms and conditions of the issuer and cannot be exchanged for cash or otherwise. If a purchase exceeds the value of the gift card, the winner will be responsible for any amount due which is over the value of the gift card (or the available balance at the time of purchase) (including applicable taxes). If any purchase does not exceed the gift card value, the remaining available balance will not be paid in cash to the winner but will remain on the gift card as applicable. Gift cards have no expiry date. Gift cards cannot be redeemed for cash, except as required by law.
Without limiting the generality of the foregoing, the Prize and all components must be accepted as awarded and are not transferable, assignable or convertible to cash. No substitutions are allowed, except at Prize Suppliers and Sponsor sole option. Prize Suppliers and/or Sponsor reserve the right, in their sole and absolute discretion, to substitute the Prize or any component thereof with an item or items of equal or greater value, including, without limitation, but at Prize Suppliers and/or 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 appear on the Entry Form associated with the Entry in question. By accepting the Prize, the confirmed winner and his/her guest agree to waive all recourse against the Released Parties if his/her Prize or any component thereof does not prove satisfactory, either in whole or in part. The Prize winner and his/her guest are 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, or any component of the Prize, awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner and his/her guest understands and acknowledges that he or she may not seek reimbursement from, or pursue any legal or equitable remedy against, either the Prize Suppliers, Sponsor or any of the other Released Parties, should his/her Prize, or any portion thereof, 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 and his/her guest agree to waive all recourse against the Prize Suppliers, Sponsor and all of the other Released Parties if his/her Prize or any component thereof does not prove satisfactory, either in whole or in part.
9. WINNER SELECTION PROCESS AND ODDS OF WINNING: On or about February 6, 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, 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 and Prize Suppliers 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. It is anticipated that the confirmed winner will be contacted by the Prize Supplier within five (5) business day of being confirmed as a winner to begin making the necessary travel arrangements. All other components of the Prize as defined above (gift cards; snowmobile trail permits, Seasonal Park Pass and sweatshirts) will be sent by mail or courier to the winner within thirty (30) days of their start date for their trip.
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 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 the Prize Supplier, any other location who 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 elements.