Canadian Ski Council “Research Panel Poll”
RULES AND REGULATIONS
The Canadian Ski Council (“CSC”) is pleased to present the “CSC Research Panel Poll” contest.
The Contest is governed by the rules set out below. By entering the Contest, you agree to abide by those rules and the decisions of CSC. You also agree to comply with all applicable laws.
CSC is entitled, in its sole discretion, to interpret these Contest rules as needed, and its interpretations and decisions are final.
NO PURCHASE NECESSARY. ANY PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
AGREEMENT TO OFFICIAL RULES:
By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of CSC, which are final and binding in all matters related to the Contest. You must fulfill all requirements set forth in these Rules to be eligible to win a Prize. The Contest is subject to all applicable federal, provincial, and local laws. The Contest is void where prohibited by law.
In these contest rules and regulations (“Rules”), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.
|Administrator||Canadian Ski Council|
|Business Day||A day on which CSC’s head offices in Woodbridge, Ontario are open to the public for business.|
|Contest||The “CSC Research Panel Poll” draw contest described in t hese Rules|
|Contest Closing Date||September 15, 2018 at 11:59 PM Eastern Time|
|Contest Facilitators||Canadian Ski Council|
|Contest Period||The Contest Period starts on August 28, 2018 at 12 am Eastern Time and closes on the Contest Closing Date.|
|Contest Requirements||The guidelines and criteria that entrants must abide by to be eligible for the Contest.|
|Contest Site/Links||Links are:
|CSC||Canadian Ski Council|
|Prize||Any prize described in these Rules|
|Region||Canada (including Quebec)|
|Released Parties||The Contest Facilitators, their affiliates, divisions, subsidiaries, resellers, dealers, distributors and advertising/promotion agencies, and their respective employees, officers, directors, agents, mandataries, contractors, and representatives.|
|Site||www.skicanada.org and any services available on or through that site.|
|Month||Each calendar month during the Contest Period, calculated using Eastern Time.|
|Prize Draw Date||Each monthly prize draw date will be within 5 Business Days after the last day of the applicable Month, except that the draw for January 2019 will occur between February 5 and February 28, 2019.|
|Survey||A CSC Research Panel online survey relating to the sporting habits of the panel member.|
The Contest is free to enter, is open to all CSC Research Panel participants, and any other individuals who were contacted by the Administrator and invited to participate in the CSC Research Panel Poll, provided that those individuals are legal residents of Canada (including Quebec), and are of the age of majority in their jurisdiction of residence (as defined below) (“you” or “Entrant”).
It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. The employees, officers, directors, representatives and mandataries of the Contest Facilitators, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer, director, representatives, and mandatary are not eligible to participate in the Contest.
The Contest is void outside the Region(s) specified and where otherwise prohibited by applicable federal, provincial, or local laws, rules, or regulations. The Contest Facilitators may request valid proof of identity, residency, age, and other relevant documentation, and may disqualify an entrant if a Contest Facilitator determines (in its sole discretion) that the provided proof is not sufficient.
The Contest opens on August 28, 2018 at 12am Eastern Time, and closes on the Contest Closing Date. The Administrator’s computer is the official time-keeping device for the Contest.
HOW TO ENTER:
Entrants may enter the Contest by completing a Survey and completing the contest entry information on the Survey form within the Contest Period. Only one entry will be accepted per entrant.
Entries that do not include all the required information or do not adhere to the Rules will be considered void. The Contest Facilitators will determine whether entries meet the Contest Requirements and otherwise comply with the Rules. The Contest Facilitators are not responsible for lost, misdirected, or incomplete entries.
There will be one random draw from all valid entries. The draw will be held at the Administrator’s headquarters by noon (Eastern Time) within 5 days after the closing date. There will be 4 prizes awarded for a total approximate value of $400.
The CSC will provide the Prize to be awarded. No substitution Prize will be made unless the CSC, in its sole discretion, determines otherwise, and the CSC reserves the right, in its sole discretion, to substitute a Prize or a component thereof with a prize of equal or greater value.
A Prize must be accepted as awarded. The odds of winning a Prize are dependent on the number of eligible entries received during the contest. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date to award the correct number of Prizes.
Potential prize winners will be contacted as described below. To be declared a winner and eligible for the prize, you must be in compliance with these Rules, and must sign and deliver to the CSC (within any period the CSC specifies) a standard declaration and release form, which will include: a declaration of your compliance with these Rules, an acceptance of the Prize as awarded, a publicity release, a liability release, the correct answer to a mathematical skill-testing question, and any other documentation that the CSC may require. If you cannot be contacted within 2 business days after the selection date, if you do not otherwise promptly respond to CSC’s communications, if you do not correctly answer (without assistance of any kind) the mathematical skill-testing question, or if you do not sign and return any required documentation within the time periods that CSC specifies, you will forfeit the Prize and your entries will be declared void.
The Contest Facilitators will mail the four verified winners a $100 Visa pre-paid card using the postal address provided by the participant in the winning entry.
To obtain a copy of the winners list or a copy of the Contest Rules and Regulations, send your request and contact details to:
Canadian Ski Council
7600 Hwy 27, Unit 14
or email [email protected]
A Prize is personal to the winner and is non-transferable. Acceptance of any Prize shall constitute and signify the winner’s agreement and consent that the Contest Facilitators may use the winner’s name, photo, city, province, likeness, entry, and Prize information in connection with the Contest, and for future advertising, promotion and publicity, worldwide, in any manner and in any medium including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each winner is responsible for all taxes and fees associated with receipt of a Prize.
REPRESENTATION AND WARRANTY:
The Contest Facilitators may disqualify you if you do not meet the Contest’s eligibility criteria, do not comply with or attempt to circumvent these Rules, attempt to disrupt or undermine the Contest, or attempt to annoy, abuse, threaten or harass any other entrants or Contest Facilitator representatives.
Except where otherwise prohibited by law, participation in the contest constitutes a winner’s consent to CSC’s use of the winner’s name, hometown and photograph for promotional purposes without further notification, permission, payment or consideration. CSC will only disclose your first name in advertising unless you consent to CSC also disclosing your last name.
If you use fraudulent entry methods you may be disqualified. You may also be disqualified if you tamper with or in any way attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices, or attempt to annoy, abuse, threaten or harass any other entrants or Contest Facilitator representatives. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint ventures, principal and agent, mandatary, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of CSC.
By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators, which are final and binding on all matters relating to this Contest.
The Contest Facilitators reserve the right to cancel, modify, extend or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest. In that event, the Contest Facilitators may award prizes at random from among the eligible entries received up to the time of the impairment, or award no prizes.
If the Contest is operated in Quebec, Canada, any decision to be made by the Contest Facilitators may be subject to a ruling of the Régie des alcools des courses et des jeux du Québec.
The parties have expressly requested that this agreement and any related document be prepared in the English language. If there is any discrepancy or inconsistency between the English language version and the French language version of these contest rules, the English version will prevail, govern and control. Les parties aux présentes ont expressément demandé à ce que cette convention et les documents qui s’y rapportent soient rédigés en anglais. En cas de divergence ou d’incohérence entre les versions anglaise et française de ces règles de concours, la version anglaise prévaudra, régira et contrôlera.
The Contest Facilitators are not responsible for human error, theft, destruction, or damage to entries or other factors beyond their reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your entry.
The Contest Facilitators shall not be liable to a winner or any other person for failure to supply any Prize or any part thereof, by reason of a Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Contest Facilitators’ control.
The Released Parties shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by the Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST FACILITATORS RESERVE THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
BY PARTICIPATING IN THE CONTEST, YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTIONS OR LOSSES OF ANY KIND (INCLUDING ACTUAL LEGAL FEES AND EXPENSES) ARISING FROM OR RELATED TO: (A) YOUR FAILURE TO COMPLY WITH ANY OF THESE RULES; (B) ANY MISREPRESENTATION YOU MAKE UNDER THESE RULES OR OTHERWISE TO ANY RELEASED PARTY; (C) YOUR PARTICIPATION IN THE CONTEST; OR (D) THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE.
CHOICE OF LAW:
These Rules shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its conflicts of laws principles. Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses (but in no event attorneys’ fees); and (ii) to have damages multiplied or otherwise increased.
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 Régie only for the purpose of helping the parties reach a settlement.
For more information please contact CSC:
Canadian Ski Council
7600 Hwy 27, Unit 14
or email [email protected]
This post is also available in: French