Official Contest Rules
THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA (EXCLUDING RESIDENTS OF QUEBEC) AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants 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. KEY DATES:
The Virtual Balloon Contest (the “Contest”) begins on Wednesday, September 7th at 10:01 a.m. Eastern Time (“ET”) and ends on October 9, 2016 at 11:50 p.m. ET (the “Entry Period”).
2. ELIGIBILITY TO ENTER:
The Contest is open only to residents of Canada (excluding residents of Quebec) 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 living, whether related or not) of The Canadian Breast Cancer Foundation (the “Sponsor”), its affiliated and associated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
4. HOW TO ENTER:
NO PURCHASE/DONATION NECESSARY. MAKING A PURCHASE OR DONATION WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR ODDS OF WINNING IN THIS CONTEST.
To enter, go to www.rabr.co/cbcf (the “Website”) and follow the on-screen instructions to: (i) create an Account (an “Account”) on the Website; and (ii) add a virtual balloon or balloons (each, a “Balloon” and collectively, the “Balloons”) to your Account. Except as noted below, each Balloon costs $10 CAD – of which 90% will be donated to CBCF. You will not be eligible to receive a charitable donation receipt for your purchase of a Balloon. Alternatively, you can obtain a code (a “Code”) that can be redeemed for one (1) Balloon by printing your first name, last name, telephone number and complete mailing address (including postal code) on a plain white piece of paper and mailing it (in an envelope with sufficient Canadian postage) along with: (i) a handwritten 25 word (or more) unique and original essay explaining why you support breast cancer research; and (ii) a self-addressed pre-paid stamped envelope with sufficient return Canadian postage; to the following address: Code Request: 301-375 University Ave, Toronto, ON M56 2J5 (collectively, the “Request”). Upon receipt of a Request in accordance with these Rules, you will receive one (1) Code per unique and original Request per envelope with sufficient Canadian postage. To be eligible, a Request must: (i) be received separately in a single envelope bearing sufficient Canadian postage (i.e. multiple Requests in the same envelope will be void); and (ii) be post-marked during the Entry Period and received by no later than September 26, 2016 to allow Sponsor sufficient time to mail back the Code via regular mail. The 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 or incomplete Requests (all of which are void).IMPORTANT NOTE: Each Code is unique and can only be used one (1) time in this Contest. Each Code will automatically expire after its first use or on October 4, 2016 at 11:50 p.m. ET (whichever occurs first).
Once you have a Balloon (regardless of the method of entry), you will be able to follow the on-screen instructions on the Website to customize various attributes (the “Attributes”) of your Balloon during the Entry Period.
5. ADDITIONAL ENTRY CONDITIONS:
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 use multiple names, identities, email addresses, Accounts, 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 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.
All entrants are 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 any information entered (or purportedly entered) 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 the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline 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 official time-keeping device(s) used by the Sponsor.
There will be a total of three (3) Prizes (each, a “Prize” and collectively, the “Prizes”) available to be won, as follows:
- Grand Prize: There will be one (1) Grand Prize (the “Grand Prize”) available to be won consisting of a CIBC Prepaid Gift Card in the amount of $5000 CAD.
- Second Prize: There will be one (1) Second Prize (the “Second Prize”) available to be won consisting of a CIBC Prepaid Gift Card in the amount of $2500 CAD.
- Third Prize: There will be one (1) Third Prize (the “Third Prize”) available to be won consisting of a CIBC Prepaid Gift Card in the amount of $1000 CAD.
CIBC Prepaid Gift Cards are subject to the terms and conditions of the issuer. Each 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 any Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should the applicable Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, a confirmed winner agrees to waive all recourse against the Released Parties if the applicable Prize or a component thereof does not prove satisfactory, either in whole or in part. In the case of unavailability of any Prize, to accommodate for a disability, if any applicable legal requirements prohibit awarding a Prize, or for any other reason and in Contest Sponsor's sole discretion, Contest Sponsor reserves the right to substitute such Prize for a prize or cash of equal or greater value.
8. ELIGIBLE WINNER SELECTION:
On October 4, 2016 at 11:50 p.m. ET, the Sponsor will virtually release all Balloons validly submitted and received during the Entry Period in accordance with these Rules in a virtual Balloon Race (the “Race”). For the avoidance of any doubt, the Race is a virtual race that utilizes the Sponsor’s computer system(s) and real-time weather patterns to measure how far each Balloon will travel before popping (the “Distance”). Eligible entrants will be able to follow their Balloon(s) on the Website during the Race.
IMPORTANT NOTE: JUST BECAUSE A DISTANCE APPEARS ON THE WEBSITE OR OTHERWISE DOES NOT MEAN THAT THE ELIGIBLE ENTRANT ASSOCIATED WITH THAT DISTANCE IS OR WILL BE A WINNER. ALL DISTANCES MAY BE VERIFIED BY THE SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME AND FOR ANY REASON. ANY SUCH PUBLIC DISPLAY OF DISTANCES IS FOR ENTERTAINMENT PROPOSES ONLY. ONLY THE SPONSOR CAN DEEM AN ELIGIBLE ENTRANT TO BE AN ELIGIBLE WINNER.
The Race will automatically end on October 9, 2016 at 11:50 p.m. ET or when no Balloon(s) remain un-popped, whichever occurs first (the “Selection Date”). The eligible entrant whose Balloon travels the greatest Distance in the Race (as determined by the Sponsor, in its sole and absolute discretion, as of the Selection Date) will be eligible to win the Grand Prize. The eligible entrant whose Balloon travels the second greatest Distance in the Race (as determined by the Sponsor, in its sole and absolute discretion, as of the Selection Date) will be eligible to win the Second Prize. The eligible entrant whose Balloon travels the third greatest Distance in the Race (as determined by the Sponsor, in its sole and absolute discretion, as of the Selection Date) will be eligible to win the Third Prize. In the event of a tie based on the Distance one (1) or more eligible winning Balloons travel in the Race, the Sponsor will hold a random draw (from amongst all such eligible entrants that are tied based on Distance travelled in the Race) to determine the eligible winner of the applicable Prize. The odds of winning depend on the number of eligible Balloons submitted and received in accordance with these Rules during each Entry Period and on the specific Attributes selected by each eligible entrant in relation to his/her Balloon(s).
9. ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCESSES:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each eligible winner within three (3) business days of the Selection Date. If an eligible winner cannot be contacted within three (3) business days of the Selection Date, 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 applicable 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 Balloons in accordance with the applicable procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS THE WINNER OR AN ELIGIBLE WINNER. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable 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; and (iv) 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 in any manner whatsoever, including print, broadcast or the internet. If an eligible winner: (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 applicable 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 Balloons in accordance with the applicable procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). By participating in this Contest, each confirmed winner hereby consents to the transfer of his/her personal information to the Prize supplier for the limited purpose of delivering his/her Prize.
10. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT 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 any website or any platform 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 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; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor 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 Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, 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 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 deemed necessary by Sponsor, for purposes of verifying compliance by any entrant 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.
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, including, but not limited to, 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 Rules shall prevail, govern and control to the fullest extent permitted by law.
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 the terms as if the invalid or illegal provision were not contained herein.
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, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario 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 exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.