SPORT CHEK NIAGARA FALLS ELECTRONICS DRAW
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED. EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN FIVE (5) BUSINESS DAYS, AS MORE FULLY DETAILED BELOW.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Sport Chek Niagara Falls Electronics Draw (the “Contest”) is open to residents of Canada (excluding Quebec) and shall be construed and evaluated according to applicable Canadian law. Participants must be eighteen (18) years of age or older in their province/territory at time of entry. Void in whole or in part
where prohibited by law. entry in this Contest constitutes acceptance of these Contest rules (the “Contest Rules”).
1. SPONSOR: The Contest Sponsor is FGL Sports Ltd. (the “Sponsor”) with its head office located at #110 – 205 Quarry Park Blvd. SE, Calgary, AB T2C 3E7. This Contest is administered by 91.7 GIANT FM (the “Administrator”). Any questions, comments or complaints must be directed to the Sponsor or Administrator.
2. ELIGIBILITY. To be eligible for this Contest, an individual must:
(a) be a legal resident of Canada (excluding Quebec); and
(b) be 18 years of age or older in his/her province or territory at time of entry; and
(c) be at the Sport Chek Niagara Falls location on Sunday July 24, 2022 during the Contest Period. Employees of the Sponsor, Administrator and each of their affiliates, subsidiaries, related companies, advertising and promotional agencies (collectively, “Promotion Entities”), and the immediate family members (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same
household, whether or not related), are not eligible to participate in the Contest. The Sponsor and/or Administrator shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor 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.
3. CONTEST PERIOD. The Contest starts at 11:30 a.m. Eastern Time (“ET”) on July 24, 2022 and ends on July 24, 2022 at approximately 2:45 p.m. ET (the “Contest Period”).
4. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. Enter using the method of entry outlined below. No entries will be accepted by any other means.
(b) During the Contest Period, (i) visit the grand opening of the Sport Chek Niagara Falls store (the “Store”); (ii) either show the Administrator and/or Sponsor representative on-site that you are a member of the Triangle Rewards™ program and have the Triangle app on your mobile device, or download the Triangle app and sign-up to be a member of the Triangle Rewards™ program; (iii) scan the QR code at the Store using your mobile device to submit an electornic ballot with your name, email, phone number and postal code.
(c) Limit of one (1) entry per person. 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: (a) obtain more than one (1) entry per person during the Contest Period; and/or (b) use multiple names or identities 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.
(d) You agree that the Sponsor and/or Administrator may, at any time, disqualify an entrant from the Contest if the Sponsor believes, in its sole discretion, that the entrant has breached any of the Contest Rules.
5. PRIZES.
(a) The prizes are hereafter referred to as the “Prizes”, each a “Prize”. The confirmed Prize winners are hereafter referred to as “Winners”, each a “Winner”.
(b) There are a total of three (3) Prizes available to be won during the Contest Period consisting of the following:
(i) Prize 1: One (1) Apple Watch Series 7 (GPS) 45mm (Midnight) (approximate retail value $569.00 plus tax);
(ii) Prize 2: One (1) pair of Apple Airpods Generation 3 Wireless Earbuds, Bluetooth, Spatial Audio, Charging Case (approximate retail value $239.00 plus tax) ;
(iii) Prize 3: One (1) pair of Beats EP Headphones (White) (approximate retail value: $130.00 plus tax).
(c) Winners are not entitled to monetary difference between actual Prize value and stated approximate retail value of the Prize, if any.
(d) Each Prize will be available for pick-up by the Winner at the Sport Chek Niagara store location within fifteen (15) business days after the Winner has been successfully contacted, notified of his/her Prize and fulfilled the requirements set out herein.
(e) The Prize must be accepted by the Winner as awarded and cannot be transferred, exchanged, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and has no cash value. The Sponsor reserves the right, in their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
(f) The Sponsor and/or Administrator shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION.
Prize Winners shall be selected as follows:
(a) A draw will take place on or around 3:00 p.m. ET at the Store, on July 24, 2022 where three (3) entrants will be selected by a random electronic draw from all eligible Entries received during the Contest Period. The first entrant drawn will be eligible for Prize 1, the second entrant drawn will be eligible for Prize 2 and the third entrant drawn will be eligible for Prize 3. One an entrant’s name has been draw as a potential Prize Winner, their name shall be removed from the draw for the subsequent prize draws.
(b) Before being declared a Winner, each selected entrant shall be required to: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question; and (ii) sign and return the Confirmation and Release (described below).
(c) Each selected entrant will be notified by email within one (1) day of the draw. If the selected entrants cannot be contacted within one (1) day of the random draw, does not respond in accordance with the Contest Rules, does not answer the skill-testing question correctly or, for any other reason, the Prize cannot be awarded, he/she will be disqualified and will not receive the Prize and another Entrant will be randomly selected as the Winner. The Confirmation and Release form is to be completed by the selected Entrant and must be returned to the Sponsor within two (2) days of the notification date indicated on the documents in order to claim the Prize.
(d) The odds of being selected as a potential Winner are dependent upon the number of eligible Entries received by the Sponsor during the Contest Period.
(e) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing dates to award the correct number of Prizes.
(f) ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR AND/OR ADMINISTRATOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
7. RELEASE. Each Winner will be required to execute a release and waiver (“Confirmation and Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of the Promotion Entities, and each of their respective subsidiaries, affiliates, related companies, employees, directors, officers, suppliers, agents, Sponsor, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) grant to the Sponsor the unrestricted right, in the Sponsor’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph or likeness, and the entry, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.
8. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, including without limitation any claims of infringement of rights to copyright, privacy and/or personality.
9. LIMITATION OF LIABILITY. The Sponsor and/or Administrator assume no responsibility or liability for: (a) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Confirmation and Release; (b) any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry; (c) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest; (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries; (e) any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the internet, at any website, or on account of any combination of the foregoing; (f) any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest. The Releasees make no warranty, guaranty, or representation of any kind concerning any Prize and disclaim any implied warranty, guaranty, or representation.
10. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be made available on-site at the Store. Entrant further agrees to be bound by the decisions of the Sponsor and/or Administrator, which shall be final and binding in all respects. The Sponsor and/or Administrator reserves the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Sponsor’s property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: Any attempt to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor and/or Administrator reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the Sponsor and the Administrator the right to use his/her name, postal code, telephone number, and email address for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (ii) grants to the Sponsor the right to use his/her name, photograph or likeness, and the entry for Contest administration, publicity, and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her name, photograph or likeness, and the entry to third-party agents and service providers acting on behalf of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
(b) The Sponsor and Administrator will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Sponsor’s Privacy Policy at: https://www.sportchek.ca/help-desk/safety-and-security/privacy-policy.html. The Sponsor’s Privacy Policy outlines its commitment to safeguarding Personal Information.
12. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, copyrights and any other intellectual property and trade secrets contained in any materials including without limitation print, digital and any other media are owned by the Sponsor and/or their affiliates, unless otherwise stated. All rights are reserved. Unauthorized copying or other use of such material without the express written consent of its owner is strictly prohibited.
13. TERMINATION. The Sponsor reserves the right to terminate the Contest, in whole or in part, and/or to modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
14. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. 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 Sponsor in connection with the Contest shall be
governed by and construed in accordance with the laws of the province of Alberta 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. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED OR ENTITLED TO OBTAIN (AND HEREBY WAIVES ALL RIGHTS TO SEEK OR CLAIM) INJUNCTIVE, EQUITABLE, OR OTHER NON-MONETARY RELIEF OR AWARDS FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING LAWYERS’ FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), NOT TO EXCEED TEN DOLLARS ($10), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
15. SEVERABILITY. If any term or condition of the Contest Rules is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Contest Rules.
16. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail.
17. SPONSOR. The Sponsor of the Contest and the address at which the Sponsor may be contacted is FGL Sports Ltd., 205 Quarry Park Blvd, Unit 110, Calgary, Alberta, T2C 3E7. Reference to third parties in connection with the Prize is for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.