NORTH YORK GENERAL HOSPITAL FOUNDATION

Rally in the Ravine Early Bird Registration

OFFICIAL CONTEST RULES (“Contest Rules” or “Rules”)

The North York General Hospital Foundation Rally in the Ravine EARLY BIRD REGISTRATION CONTEST (herein referred to as the “Contest”) is intended to be conducted in Canada, excluding the Province of Quebec, by North York General Foundation (herein after referred to as the “Contest Sponsor”) and Chris Tambakis (herein after referred to as the “Prize Supplier”), and shall be construed and evaluated according to applicable Canadian law, and the laws of each Province therein, excluding the Province of Quebec. The Contest is open to legal residents of Canada, excluding residents of the Province of Quebec, over the legal age of majority in their province/territory of residence. Do not enter the Contest if you are not a legal resident of Canada over the age of majority in your province/territory of residence, excluding the Province of Quebec. Contest is void in whole or in part outside of Canada and within the Province of Quebec, and where prohibited by law. Entry in this Contest constitutes each entrant’s acceptance of, and agreement to be legally bound by, these Contest Rules.

1. ELIGIBILITY.

a.       To be eligible for this Contest, an individual must be a legal resident of Canada (excluding the Province of Quebec) who is over the age of majority in his/her province/territory of residence. Employees, representatives and agents of Contest Sponsor, advertising and promotional agencies, and the household members (whether related or not) and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of these Contest Rules, “immediate family” means husband, wife, spouse, common law spouse, mother, father, grandmother, grandfather, brother, sister, son and/or daughter, whether or not they reside in the same household.

b.       Contest Sponsor 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 to the complete satisfaction of Contest Sponsor may result in disqualification. All personal and other information requested by and supplied to Contest Sponsor for the purpose of this Contest must be truthful, complete, accurate and in no way misleading. Contest Sponsor reserves the right to disqualify any Entry or entrant in its and their sole discretion, should any Entry or entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD.

The Contest opens on May 9, 2019 at 12:01 AM EST, and closes at 11:59 PM EST, on June 28, 2019 (the “Contest Period”).

3. HOW TO ENTER.

There are two (2) ways to enter the Contest:

a.       To earn one (1) Entry (an “Entry”), go to www.RallyInTheRavine.ca (the “Website”) and follow the on-screen instructions to register for Rally in the Ravine – a run or walk for North York General. Once you have fully completed the registration form with all required information, follow the on-screen instructions to complete your registration (the “Registration”). To be eligible to earn one (1) Entry, your Registration must be received online within the Contest Period.

b.       There is no purchase necessary to participate in the Contest. To obtain one (1) Entry in the Contest without registering for the Rally in the Ravine, you must be a legal resident of Canada (excluding the Province of Quebec) over the age of majority in your province/territory of residence and must print your first name, last name, telephone number, complete mailing address (including postal code), age and signature on a plain white piece of paper and mail it (in an envelope with sufficient postage) along with a unique and original 100 word essay on the importance of Rally in the Ravine: North York General Hospital Foundation, ATTN: Rally in the Ravine Early Bird Contest, 4001 Leslie Street, Toronto, ON M2K 1E1 (the “Request”). Upon receipt of your Request in accordance with these Contest Rules, you will receive one (1) Entry in the Contest. To be eligible, your Request must: (i) be sent and received separately in an envelope bearing sufficient postage (i.e. multiple Requests in the same envelope will be void); and (ii) be post-marked during the Contest Period and received prior to the Draw Date (as defined in Rule 5a). The Released Parties (defined below) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Requests (all of which are void). One Entry per person.

c.       For online participants, an entrant may be required to provide Contest Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the Entry in Question.

d.       Only one (1) e-mail address may be used for purposes of this Contest entry. Unless otherwise directed by Contest Sponsor, in its sole discretion, no communication or correspondence will be exchanged with entrants except the entrant selected as the potential Winner (as defined below).

e.       In the event of a dispute as to the identity of the person submitting an online Entry, the Contest Sponsor reserves the right, in its sole and absolute discretion, to deem the entrant to be the authorized account holder of the e-mail address associated with the entry. For the purpose of these Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entrant may be required to provide the Contest Sponsor with proof that the entrant is the authorized account holder of the e-mail address associated with the applicable entry.

4. PRIZE.

There will be two (2) prizes available to be won, each consisting of two (2) tickets to a Toronto Raptors home game during the 2019/2020 regular NBA season; seats are in the 100 level. Game date to be determined by prize sponsor. The Prize draw is not affiliated with or endorsed by the Toronto Raptors, Maple Leaf Sports and Entertainment or any of its affiliates. The Prize is subject to the following conditions, and can change any time:

a.       The prize must be taken as offered and is not redeemable for cash.

b.       The prize cannot be sold.

c.       North York General Hospital Foundation is not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any Toronto Raptors game and neither the Winner nor any other person or entity will be compensated in the event of such delay, cancellation or other event described herein. Other restrictions may apply.

d.       The Prize is non-transferable and without limiting the foregoing, the Prize may not be sold or traded, the Prize must be taken as offered and cannot be substituted, redeemed or exchanged for cash, credit or alternative prizes, except in the Prize Suppliers sole discretion. Prize Supplier reserves the right to substitute the Prize with a Prize of equal or greater value. No credit or reimbursement will be provided if the Prize is not taken. The Prize cannot be combined with any other promotional offer or offers provided by the Prize Supplier.

Retail Value: Each prize, consisting of the pair of tickets, has a retail value of $580.54 CAD.

The Prize is subject to all of the terms and conditions as stated by the Prize Supplier and will be delivered to the confirmed Winner directly from Contest Sponsor to the address provided after the potential Winner has been successfully contacted and notified of his/her Prize and has fully complied with the Contest Rules. Shipped Prizes shall not be insured and neither the Contest Sponsor nor any of the Released Parties (mentioned below) shall assume any liability for lost, damaged or misdirected Prizes. All bookings/confirmations must be made through the Contest Sponsor’s designated representatives or as the Contest Sponsor may otherwise direct.

5. ELIGIBLE WINNER SELECTION.

Two (2) Winners shall be selected as follows:

a.       The odds of being selected as a potential Winner are dependent upon the number of eligible Entries submitted and received in accordance with these Contest Rules. On July 5, 2019 in Toronto at approximately 12:00 PM EST (the “Draw Date”), a data pull for all eligible Entries will be completed and two (2) potential Winners will be selected by a random draw from all eligible Entries submitted and received in accordance with these Contest Rules.

b.       Following the Draw Date, the Contest Sponsor or its representatives will make no less than three (3) attempts to contact the eligible Winners by phone and/or email, during the ten (10) day period (the “Contact Period”) immediately following the Draw Date. Upon notification, the eligible Winners must respond by telephone and/or email to the contact provided in the notification, and the eligible Winners’ responses must be received by the Contest Sponsor by no later than 5:00 PM EST on the required return date stipulated in such notification. If a potential Winner does not respond in accordance with these Contest Rules, he/she may be disqualified, at the sole and absolute discretion of the Contest Sponsor, in which event they will not receive the Prize and another potential Winner may be selected from the remaining eligible Entries, in the Contest Sponsor’s sole discretion, whom the Contest Sponsor or its representatives will attempt to contact, and who must respond or will be subject to disqualification, in the same manner (adjusting timeframes, including the Contact Period, accordingly). Neither the Contest Sponsor, nor the Released Parties are responsible for the failure for any reason whatsoever of the eligible Winner to receive notification or for Contest Sponsor to receive the eligible Winner’s response.

c.       Before being declared the confirmed the Winners, each eligible potential Winner will be required to answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question during a pre-arranged telephone call, and comply with the Contest Rules. 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. No individual will be declared a Winner until the Contest Sponsor officially confirms s/he as the Winner in accordance with the Contest Rules.

d.       Once declared a confirmed Winner, the Winner is no longer eligible to win any other contests conducted in Canada by the Contest Sponsor and Prize Supplier until October 31, 2019.

6. RELEASE.

a.       Each Winner and his/her guest will be required to execute a legal agreement and release (“Release”) that confirms each Winner’s and/or guest’s:

  • eligibility for the Contest and compliance with these Contest Rules;
  • acceptance of the Prize as offered;
  • release of the Contest Sponsor and its respective parent companies, subsidiaries, affiliates, employees, directors, officers, unit-holders, Prize Suppliers, agents, sponsors and administrators (the “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of the Prize or any portion thereof, 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 there from; and
  • grant to the Contest Sponsor and the Prize Supplier of the unrestricted right, in the Contest Sponsor’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use each Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.

b.       The executed Release must be returned within five (5) business days of the verification as a Winner or the selected potential Winner may, in the sole discretion of the Contest Sponsor, be disqualified and the Prize be forfeited.

7. INDEMNIFICATION BY ENTRANT.

By entering this Contest, each entrant releases and holds Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Released Party or any other person or entity, including, without limitation, 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 this Contest, any breach of these Contest Rules, or in any Prize-related activity. Each entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.

8. LIMITATION OF LIABILITY.

a.       The Released Parties assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies requests or any Release, or for any telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused 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. The Released Parties assume no responsibility for 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. The Released Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines on account of technical problems or otherwise.

b.       The Released Parties are not responsible for any injury or damage caused to any entrant, person or entity relating to or resulting from participating or attempting to participate in the 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 the Prize or any portion thereof. The Released Parties assume 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 Contest Sponsor, such as infection by tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.

9. CONDUCT.

By entering this Contest, each entrant agrees to be bound by these Contest Rules, which will be posted at RallyInTheRavine.ca and available at the North York General Hospital Foundation, 4001 Leslie Street, Toronto, ON M2K 1E1 throughout the Contest Period. Each entrant further agrees to be bound by the decisions of the Contest Sponsor’s, which shall be final and binding in all respects. The Contest Sponsor reserves the right, in its 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.       acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

10. PRIVACY & USE OF PERSONAL INFORMATION.

By participating in the Contest, the entrant:

a.       grants to the Contest Sponsor the right to use his/her name, mailing address, telephone number, and email address (the “Personal Information”) for the purpose of administering the Contest, including, but not limited to, contacting the Winner;

b.       grants to the Contest Sponsor the right to use his/her Personal Information for 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,

c.       acknowledges that the Contest Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Contest Sponsor in connection with any of the activities listed in (a) and (b) above.

The Contest Sponsor and any supplier and/or vendors of the Contest Sponsor 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 Canadian Cancer Society Privacy Policy available at: https://nyghfoundation.ca/privacy-policy/. This section does not limit any other consent(s) that an individual may provide the Contest Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

11. INTELLECTUAL PROPERTY.

All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors/Suppliers and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. Rally in the Ravine are trademarks of North York General Hospital Foundation.

12. TERMINATION AND AMENDMENTS.

The Contest Sponsor reserves the right to cancel, amend, modify or terminate all or any portion of this Contest at any time for any reason without prior notice. Contest Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Contest Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Contest Rules, or for any other reason.

13. LAW.

These are the official Contest Rules. This Contest is subject to applicable federal, provincial and municipal laws and regulations. These 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 Contest Sponsor.