Nature Conservancy of Canada “Small Acts of Conservation” Contest
OFFICIAL RULES AND REGULATIONS
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS AND IS GOVERNED BY CANADIAN LAW.
2. MOBILE PARTICIPATION: If you opt to participate in this Contest via your wireless mobile device (which is not required to enter the Contest), then standard data rates may apply according to the terms and conditions of your services agreement with your wireless carrier. Other charges may also apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans or data plans and charges relating to your participation in this Contest. Data plans may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your device’s capabilities for specific instructions. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
3. CONTEST PERIOD: The Contest begins on September 22, 2021 at 12:00:00 AM Eastern Daylight Time (“EDT”) and ends on December 21, 2021 at 11:59:59 PM EDT (the “Contest Period”). For the purposes of these Official Rules and Regulations (the “Rules”), a day (each, a “Day”) commences at 12:00:00 AM. EDT and ends at 11:59:59 PM EDT.
4. ELIGIBILITY: The Contest is only open to legal 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 the Sponsor, its subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual or entity involved in the development, production, implementation, administration, or fulfillment of the Contest (collectively, the “Contest Parties”). Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate.
5. 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”) and that you agree to do business with the Sponsor electronically and agree that the act of submitting the Entry is a binding form of your electronic signature.
6. HOW TO ENTER: NO PURCHASE NECESSARY.
a. To enter visit: https://act.natureconservancy.ca/page/57197/data/1
b. Click on the Act where you would like to “Take the challenge.”
c. Complete the Official Contest Entry Form (the “Entry Form”) with all required information; signify your agreement to be legally bound by the terms and conditions of these Rules; and optional: check the box to indicate that you would like to receive future communication from the Sponsor. Once you have fully completed the Entry Form with all required information and have agreed to the Rules, select “Submit” button to submit your completed Entry Form and be eligible to earn one (1) Entry (each, an “Entry” and collectively the “Entries”). To be eligible, your Entry must be submitted and received in accordance with these Rules.
d. Upon receipt of your Entry you will receive a “Thank you” message.
7. ENTRY LIMITS: There is a limit of one (1) Entry per email address during the Contest Period, regardless of the Website used to enter the Contest. For greater certainty and the avoidance of any doubt, you can only submit one (1) Entry during the Contest Period and 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. All information provided must be truthful and accurate. 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 Day; (ii) submit or purport to submit an Entry on behalf of another person; and/or (iii) use multiple names, identities, e-mail addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) 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. The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry is not submitted and received in accordance with these Rules; and/or the applicable Facebook Rules (all as determined by Sponsor in its sole and absolute discretion).
8. VERIFICATION: All Entries 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 Entry, or other 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 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 Sponsor’s Official Clock(s). Proof of transmission (post-marks, screenshots or captures etc.) or attempted transmission of an Entry or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Contest computers or Sponsor.
9. PRIZE AND APPROXIMATE RETAIL VALUE: There will be one (1) Prize (the “Prize”) available to be won during the contest period, consisting of NCC branded merchandise and a VISA gift card. The approximate retail value of the Prize is $100.00 CDN. The gift card is subject to the terms and conditions imposed by the issuer. The gift card 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.
Without limiting the generality of the foregoing, the Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. 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 an item or items of equal or greater retail value, including, without limitation, but at 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 appears on the Entry Form associated with the Entry in question. By accepting the Prize, the confirmed 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. Confirmed winners are solely responsible for all costs not expressly described herein. WINNER MUST CONFIRM ADDRESS FOR PRIZE TO BE MAILED! It is anticipated that the Prize will be sent to the confirmed winner’s address as indicated on his/her Entry Form within thirty (30) days of the eligible winner being confirmed as a winner in accordance with these Rules.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor or any of the Released Parties should his/her 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 the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
10. ELIGIBLE WINNER SELECTION PROCESS AND ODDS OF WINNING: A random draw will be held in Toronto, ON at approximately 3:00 p.m. EDT on January 4, 2022 (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 number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.
11. ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCEDURES: The Sponsor or its designated representative will attempt to contact the selected entrant by e-mail (using the information provided on the Entry Form) within five (5) business days of the Draw Date. Sponsor will not be responsible for failed attempts to contact a selected entrant. If the selected entrant cannot be contacted
within five (5) business days of the Draw 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 Prize) 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 entrant).
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 selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered, by e-mail, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form (the “Contest documents”), 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; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address (city and 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). If the selected entrant: (a) fails to correctly answer the mathematical 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 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 entrant).
12. 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, including, without limitation, any decisions regarding the eligibility/disqualification of Entries, and/or entrants. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION 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 malfunction(s) or other problem(s) 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; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) 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 e-mail address used at the time of entry. “Authorized account holder” is defined as the person who is assigned to an e-mail address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail 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 e-mail address associated with the Entry in question.
· The Sponsor reserves the right 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 damage any Website or 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 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 to adjust any of the dates, time frames and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or 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 English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, Application, 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.
· 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.