THIS CONTEST IS OPEN TO CANADIAN RESIDENTS AND IS GOVERNED BY CANADIAN LAW
Click to view the rules and regulations for the Mark's Labour Day Weekend 2017 contest.
The CFL Pick ‘Em Fantasy Contest (the “Contest”) begins on June 1, 2017 at 12:00:01 a.m. Eastern Time (“ET”) and ends on November 5, 2017 at 11:59:59 p.m. ET (the “Contest Period”).
Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of CFL Enterprises LP (the “Sponsor”), its member teams, governors, parent companies, subsidiaries, affiliates, distributors, prize suppliers, advertising/promotion agencies, sponsors/advertisers, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”). By participating in this Contest, you agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”).
No purchase necessary. To enter, go to Pickem.cfl.ca (the “Website”) and follow the on-screen instructions to register to play CFL Pick ‘Em, which includes (i) entering your full name, postal code, and valid email address; (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules and (iii) check the opt-in box if you choose to receive future communication from the CFL.. Once you have fully completed the Registration, click the “Submit” button to complete your registration (the “Registration”) and create your account (the “Account”). Once you have registered, you may log into your Account during the Contest Period and follow the instructions to submit your picks and accumulate points during the season (the “Entry/ Entries”). For clarity, Entry or Entries as used herein shall refer to that Registered User’s prediction, modified daily by said contestant, of one winning team for each game played on each day of the Canadian Football League (the “CFL”) 2017 regular season listed on CFL.ca. Please visit http://pickem.cfl.ca/guide for further information about how to play. Entries received after the applicable deadline for those entries are also ineligible and will constitute a loss for the constant, ending the contestant’s winning streak.
There is a limit of one (1) Account per person/email address (the “Registered User”) during the Contest Period, one set of Entries/per Account during the Contest Period, and one predicted winning CFL team per CFL game per day per Entry. For greater certainty and the avoidance of any doubt, you can only use one (1) email address to enter the Contest. 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 per person/email address during the Contest Period; and/or (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or 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 process is not fully completed with all required information and submitted and received during the Contest Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
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By submitting an entry, you agree that the entry complies with all conditions stated in these rules. The released parties will bear no liability whatsoever regarding: (i) the use of your entry (ii) participation in any contest-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared the winner, the prize (including any use or misuse of the prize). The released parties shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these rules. This release and indemnity shall continue in force following the termination of the contest and/or awarding of the prize.
Each Entry is subject to verification at any time and for any reason. The Sponsor 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 an Entry for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the time frame specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).
Season Points Total Prize:
There will be one (1) Season Points Total Prize available to be won, consisting of one (1) VIP trip for two (2) to the 105th Grey Cup®, consisting of a three (3) night/ four (4) day trip to Ottawa, Ontario and tickets for two (2) people to attend the 2017 Grey Cup® (“Season Points Total Prize”). Season Points Total Prize will include:
Round trip airfare (economy class) for the winner and one (1) designated guest to Ottawa, Ontario from the Canadian airport nearest the confirmed winner’s residence (as determined by Sponsor in its sole and absolute discretion) - ground transportation will be awarded if the confirmed winner resides within a 200 km radius of TD Place in Ottawa; Three (3) nights’ accommodation for two (2) people (single room, double occupancy) at an Ottawa hotel (exact hotel to be at the discretion of the Sponsor); and Two (2) tickets to the 105th Grey Cup® to be held on Sunday November 26, 2017.
Approximate Retail Value (“ARV”) of Season Points Total Prize package is $5,000 CDN, based on a Vancouver, British Columbia departure example, although the actual retail value may vary depending on the point of departure. No difference between the actual and approximate retail values will be awarded.
To qualify, Season Points Total Prize winner must agree to travel between November 24, 2017 and November 29, 2017. Failure to comply with the foregoing requirement will automatically disqualify the selected entrant and an alternate entrant may be selected, at the sole discretion of the Sponsor, in accordance with these Rules. Specific details of the Prize, including, without limitation, all travel arrangements, flights, airline(s), hotel accommodations and scheduling will be determined solely by the Sponsor, in its sole and absolute discretion, and are subject to change. Prize Winner is responsible for paying any and all taxes on any prize(s) won, and all incidental costs and expenses not specifically referred to herein, including (without limitation): transportation for the winner and his/her designated travel companion to and from the Canadian airport nearest the winner's residence; travel and/or medical insurance; airport taxes and fees; gratuities; room service; telephone and other charges; food and drinks; entertainment; excess baggage fees; and items of a personal nature. Winner and/or travel companion may be required to present a valid major credit card upon any hotel check-in to cover any expenses over and above the standard room charge. Actual value of Prize depends on point of departure/destination and airfare fluctuations. Any difference between approximate retail value and the actual value of the Prize as taken will not be awarded. Once the itinerary has been finalized between winner and Sponsor, no changes can be made unless initiated or approved by Sponsor. In the event that a winner does not use any portion of the Prize, there will be no extension, transfer, substitution or any kind of compensation provided. Flights do not qualify for loyalty points. The Prize winner and designated travel companion are responsible for any travel documents, including a valid passport (or visa, if applicable) and any other applicable travel documents at his/her own expense and must be eligible for travel within Canada, or the Prize will be forfeited. Other restrictions may apply. All flight arrangements relating to the Prize must be made through the Sponsor or their designated agent. Winner and designated travel companion will be required to travel on the same itinerary. Exact travel dates and arrangements are subject to availability and blackout periods.
Sponsor reserves the right at any time to place reasonable restrictions on the availability or use of the Prize or any component thereof. By accepting the Prize, the Prize Winner agrees 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. The Prize Winner’s travel companion must: (a) either be of the age of majority in his/her province/territory of residence or have the express written consent (in form and substance satisfactory to the Sponsor, in its sole and absolute discretion) to accompany the Prize Winner on the trip; and (b) sign (and have his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence) and return the Sponsor’s release (by the date indicated on the 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).
Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Prize will only be awarded to the person whose verifiable full name and valid email address appears on the Entry Form associated with the Entry in question.
The CFL Game date and time may be subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event the Game is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. The Sponsors will not be responsible for the acts of God, acts of terrorism, civil disturbances, work stoppage, or any other natural disaster outside their control that may cause the cancellation or postponement of the Game. Game tickets awarded as part of any Prize may not be resold or offered for resale. Any such resale may result in disqualification and prize forfeiture, and may invalidate the license granted by the game ticket(s). Game tickets cannot be substituted or redeemed for cash, except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize with a prize of equal or greater value, including, without limitation, a cash award.
Season Points Total Selected Entrant:
At the end of the Contest Period, the Registered User with the highest season point total according to the Sponsor’s database, and at the sole and absolute discretion of the Sponsor, will be deemed to be the Season Points Total selected entrant. In the event of a tie, the two (2) or more Registered Users who are tied will be entered in to a random draw to select the Season Points Total selected entrant.
The odds of winning the Season Points Total Prize depend on the number of eligible Entries submitted and received, and the accuracy of guesses made by Registered Users during the Contest Period in accordance with these Rules. The odds of winning A Weekly Prize depend on the number of eligible Entries submitted and received during the Contest Period in accordance with these Rules.
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each selected entrant within five (5) business days of their selection. If a selected entrant cannot be contacted within five (5) business days of their selection, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate Registered User who received the next highest number of Points (in which case the foregoing provisions of this section shall apply to such newly selected entrant), or a backup entrant in a random draw, if applicable.
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each selected entrant will be contacted by phone and/or email using the contact information that was submitted during Contest entry, and informed that they are a selected entrant and potential winner of a Prize, and that they are required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and submit within five (5) business days of receipt the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, 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) in the case of the Season Points Total selected entrant, acknowledges that his or her guest attending the event will be required to sign a guest waiver before taking part in the Prize event; (v) agrees to the publication, reproduction and/or other use of his/her name, address, 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 or Sponsor’s designee(s) in any manner whatsoever, including print, broadcast or the internet; and (vi) agrees to complete and sign the Winner’s Affidavit & Release and submit it to the Sponsor or Sponsor’s designee(s) along with a copy of a government issued identification card containing a photo of the winner.. If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents 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) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Entries submitted and received to date during the Contest Period in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected entrant). If there are multiple verified winners of any scheduled prize amount hereunder, the prize may be divided evenly between all verified winners.
This Contest is subject to all applicable federal, provincial and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the Entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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. Any litigation must be commenced in the City of Toronto, Ontario.
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcohols, des courses et des jeux (the “Régie”) 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. In the event that there is a discrepancy or inconsistency between the English version and the French language version of the Contest Rules, the English version shall prevail, govern and control.
All Entries become the property of the Sponsor or the Sponsor’s designee(s). The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Main Entries and/or Bonus Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
The Contest Sponsor, subject only to the approval of the Régie, reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Contest Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Contest Sponsor reserves the right, with the consent of the Régie, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Contest Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Main Entry or Bonus Entry 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.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.