CONTEST PERIOD: The Contest begins at 12:00 a.m. Mountain Standard Time (“MST") on Thursday, November 10, 2022, and ends at 11:59 p.m. MST on Thursday, November 10, 2022 (the “Contest Period").
ODDS OF WINNING: Odds of winning are dependent on the total number of eligible entries received during the Contest Period in accordance with these Official Contest Rules (the “Official Rules").
ELIGIBILITY: The Contest is open to individuals, who, as at the time of entry: (i) are residents of Alberta, (ii) are aged 18 years or older, and (iii) comply with these Official Rules. Those individuals directly involved in the administration of the Contest are not eligible to enter the Contest.
All entries are subject to verification at any time. ENMAX reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to ENMAX – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of ENMAX in a timely manner may result in disqualification.
CONTEST ENTRY: You will be entered into the Contest when you log into your Instagram account, follow @enmaxmoments, @lifeincalgary and @whlhitmen, like the Contest post, and comment indicating if you've attended the Teddy Bear Toss game in the past, all during the Contest Period. By participating in the Contest, you warrant and represents that your submission:
is original to you and that you have all necessary rights in and to the entry submission used to enter the Contest;
does not violate any law, statute, ordinance or regulation;
does not contain any reference to any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
crude, vulgar or offensive language and/or symbols;
derogatory characterizations of any ethnic, racial, sexual or religious groups;
content that endorses, condones or discusses any illegal, inappropriate or risky activity, behavior or conduct;
personal information of individuals, including, without limitation, names and addresses (physical or email);
conduct or other activities in violation of these Official Rules;
commercial messages, comparisons or solicitations for products or services other than those of ENMAX;
any identifiable third party products and/or trade-marks or brands;
any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by ENMAX in its sole discretion.
Entries that violate the foregoing, contain false or incomplete information or spam are void. All eligible entries received in accordance with these Official Rules will be entered into the random prize draw. There is a limit of one (1) Instagram entry per person permitted during the Contest Period. More than one entry from the same person and/or account on Instagram may, at the sole and absolute discretion of ENMAX, void all entries from that person and result in and disqualification from the Contest and forfeiture of any prize(s) awarded. Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise illicit means to enter the Contest, or any other methods not authorized by these Official Rules, for example, but not limited to, creating multiple Instagram or email accounts, identities, or registrations, all in ENMAX'S sole discretion, shall be deemed as tampering and are automatically void. Posting duplicate, or near duplicate, comments or links is not permitted. ENTRIES WILL NOT BE JUDGED, BUT WILL BE DISQUALIFIED IF THEY DO NOT COMPLY WITH THESE OFFICIAL RULES (AS DETERMINED BY ENMAX IN ITS SOLE AND ABSOLUTE DISCRETION).
ENMAX reserves the right, in its sole discretion, to edit or remove any entry, or to request an entrant to modify or edit his or her story, if a complaint is received with respect to the entry submission, or for any other reason.
PRIZE AND DRAW DATE: There are five (5) prizes (the “Prize/Prizes") available to be won. The approximate retail value of each Prize is $103.96. Each Prize consists of four (4) general admission tickets to the Calgary Hitmen Teddy Bear Toss hockey game on Sunday, December 4, 2022, at the Scotiabank Saddledome.
On Friday, November 11, 2022 (the “Draw Date"), at Calgary, Alberta at approximately 10 a.m. MST, five (5) eligible entrants will be selected for the Prize by random draw from among all eligible entries received in accordance with these Official Rules. Entrants need not be present to be eligible to win.
NOTIFICATION: On the Draw Date, ENMAX or its designated representative will make two (2) attempts to contact the selected entrants by replying to their winning entry on Instagram. If a selected entrant is unable to be contacted on the Draw Date, then he/she will be disqualified (and will forfeit all rights to the Prize) and ENMAX reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).
PRIZE CLAIM: The Prize must be accepted as awarded. No substitution of Prizes is permitted except by ENMAX in its sole discretion. ENMAX reserves the rights to substitute the Prize, or a portion thereof, with another prize of equal or greater value, if the Prize cannot be awarded as described for any reason. Except as otherwise provided for in these Official Rules, Prizes are non transferable. In no event will more than the stated number or value of Prizes as set forth in these Official Rules be awarded.
https://www.enmax.com/Legal/privacy), unless the entrant otherwise agrees. For further clarity, by accepting a Prize, the winner consents to the use by ENMAX and its advertising and promotional agencies of his or her name, Instagram handle, municipality, email address, phone number(s) voice, statements, photograph, and/or other likeness, in or for any publicity or advertisement carried out by or on behalf of ENMAX in any manner whatsoever, including print, broadcast or the Internet, without further notice or compensation (except where prohibited by law).
By entering the Contest and submitting the entry submission, each entrant: (i) grants ENMAX, in perpetuity, a worldwide, non-exclusive licence to publish, display, reproduce, modify edit to otherwise use the story, in whole or in part, for advertising or promotion; (ii) waives all moral rights in and to his or her story in favour of ENMAX (and any other authorized by the Sponsor to use the story); and agrees to release and hold harmless ENMAX and the Releasees (defined below) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property-related cause of action.
SKILL-TESTING QUESTION: In order to win a prize, the selected entrant must first correctly answer, without assistance or mechanical or electronic aid, a time-limited mathematical skill-testing question to be administered, at the sole and absolute discretion of ENMAX, either by telephone or in person at a mutually convenient, pre-determined time or on the Prize Claim Form.
PRIZE CLAIM FORM & DISTRIBUTION OF PRIZE: Before being declared a winner, each selected entrant is required to sign and return the prize claim form (the "Prize Claim Form"), which includes (among other things) the entrant's declaration of compliance to: (i) confirm compliance with the Official Rules; (ii) agree to accept the prizes as awarded; (iii) release, discharge and hold harmless ENMAX, its departments and agencies, parent, related and affiliated companies, subsidiaries, representatives, agents, directors, officers, owners, partners, employees, consultants, successors and assigns, prize suppliers, advertising and promotional agencies, counsel, marketing partners, Instagram and its respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, Calgary Economic Development Ltd. its respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and its and all others associated with the administration, development and execution of the Contest (collectively, the "Releasees") from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, the use of the entry by ENMAX, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Releasees' control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage that the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant's participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of the Prize as-awarded; and (iv) indemnify the Releasees against any loss, damage or expense, including legal fees that any of the Releasees' may suffer or incur as a result of any non-compliance by an entrant with any of the Official Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a Prize and the use of the entry by ENMAX.
The Prize Claim Form will be sent to the selected entrant by email from ENMAX and must be correctly completed, signed and returned (all to the satisfaction of ENMAX) by Sunday, November 13, 2022, in order for the entrant to be declared a winner (the “Prize Claim Form Deadline"). Except where a selected entrant is deemed to have forfeited their Prize, in accordance with Section 11 herein, a Prize winner will be declared a winner on the Prize Claim Form Deadline (the “Winner Declaration Date"). The Prize will be distributed within five (5) days after the Winner Declaration Date. The Prize will be delivered, in the sole and absolute discretion of ENMAX, via courier only to the confirmed winner.
FORFEITURE OF PRIZE: If a selected entrant fails to correctly answer the skill-testing question, fails to provide proof of identity, fails to return the properly executed Prize Claim Form within the specified time, is found to have violated these Official Rules or otherwise does not meet all Contest conditions, the selected entrant will be disqualified and will forfeit all rights to the prize in question and ENMAX reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries. ENMAX reserves the right to disqualify any individual it finds that tampers with the entry process or any aspect of the operation of the Contest.
GENERAL CONDITIONS: By participating in the Contest, entrants agree to be legally bound by the terms and conditions of these Official Rules and by the interpretation of these Official Rules by ENMAX. Entrants who, in the sole and absolute discretion of ENMAX, have not complied with these Official Rules are subject to disqualification. Entrants further agree to be bound by the decisions of ENMAX, which shall be final and binding in all respects without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries and/or entrants. Contest is void where prohibited or restricted by law. Entrants residing in areas where the Contest is void are ineligible to win a prize.
ENMAX reserves the right, in its sole and absolute discretion, to suspend, amend or terminate the Contest or to amend these Official Rules in any way, in the event of an error, technical problem, infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any causes beyond the reasonable control of ENMAX that may interrupt, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest as contemplated by these Official Rules. Any attempt to deliberately undermine the legitimate operation of this Contest in any way (as determined by ENMAX in its sole and absolute discretion) is a violation of criminal and civil laws and, should such an attempt be made, ENMAX reserves the right to seek remedies and damages to the fullest extent permitted by law. ENMAX reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason. ENMAX reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of ENMAX, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules, or for any other reason. By participating in the Contest, entrants agree to fully comply with these Official Rules. Illegible forms, incomplete entries or entries submitted by those who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. ENMAX is not responsible for any lost, late or misdirected entries, mistakes or omissions, or any human error which may occur in the receipt or processing of entries. All entries become the sole property of ENMAX and will not be returned or acknowledged. Entries made from multiple addresses, under multiple identifications, or through the use of any device or artifice to enter multiple times are automatically void.
LAWS AND REGULATIONS: This Contest is subject to all applicable federal, provincial, and municipal laws and regulations. Any entries not complying with any applicable federal, provincial and municipal laws or regulations will be considered to be null and void. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and ENMAX in connection with this Contest shall be governed by, and construed in accordance with the laws of the Province of Alberta, without giving effect to any choice of law or conflict of law rules or provisions, whether in the Province of Alberta or any other jurisdiction, that would cause the application of the laws of any jurisdiction other than those of the Province of Alberta. Furthermore, any matter arising under these Official Rules or related in any way to the Contest shall be in the exclusive jurisdiction of the Alberta courts and courts of appeal.
INTERNET AND EMAIL: ENMAX is not responsible for any lost, late or misdirected entries, for technical, hardware or software failures of any kind including unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions. Proof of entering information at application or website does not constitute proof of delivery or receipt. In the event of dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the authorized account holder (the natural person assigned to the Instagram account associated with the entry on the date the entry is submitted). Each potential winner may be required to provide proof that he/she is the authorized individual and/or account holder associated with the selected entry.
TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, provincial, municipal, and other taxes are the sole responsibility of the winner. The winner is solely responsible for all other costs not expressly described herein.
DISPUTES: Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceedings shall take place in the Province of Alberta; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event shall lawyers' fees be included; and (3) the entrant hereby waives all rights to claim and/or receive punitive, incidental, and/or consequential damages, and/or any other damages, other than for out-of-pocket expenses, and the entrant further waives the right to claim and/or receive any damages multiplied or otherwise increased for any reason whatsoever.
INTELLECTUAL PROPERTY: All intellectual property used by ENMAX in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by ENMAX and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
LIMITATIONS OF LIABILITY: By entering this Contest, the entrant acknowledges and agrees that ENMAX and the Releasees shall not be responsible for, and the entrant shall hold ENMAX and the Releasees harmless from, any and all claims, damages, including compensatory, direct, incidental, consequential or other damages, liabilities, costs and expenses (“Losses") with respect to or in any way arising from or in connection with the Contest or a prize. ENMAX and its Releasees are not responsible for any Losses in connection with, but not limited to, (a) incorrect or inaccurate information for any reason, including if caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any human or technical error which may occur in the processing of submissions in the Contest, (b) problems or technical malfunction of any telephone networks or communications line failure, computer on-line systems, servers or access providers, computer equipment, software, data transmission failure of email, or any technical problems or traffic congestion, (c) error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries or (d) injury or damage to an entrant or any other person, including damages to their computer system, mobile device, or other device related to or resulting from entering, participating or downloading materials in this Contest. For greater certainty, neither ENMAX nor the Releasees are responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, postal delays, bugs, failure in servers, hardware or software transmission failure or loss, delayed or corrupted data. Additionally, neither ENMAX nor Releasees are liable for any Losses that arise with respect to the awarding, receipt, possession, and use or misuse of the Prize.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures, representations or other statements made by ENMAX or the Releases or contained in any Contest-related materials, including, but not limited to, the Contest Post and/or point of sale, television, print, online or other advertising or correspondence, the terms and conditions of these Official Rules shall prevail, govern and control.
If any provision of these Official Rules is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in these Official Rules continues in full force and effect.
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