Sherwood Bedard Contest 2024
BY ENTERING THE CONTEST YOU AGREE TO BE LEGALLY BOUND BY THESE CONTEST 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 Sherwood Bedard Contest (the "Contest") is open to residents of Canada, United States (fifty (50) US states and District of Columbia) (excluding Rhode Island) and, to the fullest extent permitted by applicable law, shall be construed and evaluated according to laws of the Province of Alberta and the federal laws applicable therein. Participants must be the legal age of majority or older in their province/territory/state of residence at time of entry. Entry in this Contest constitutes acceptance of and agreement to be legally bound by these Contest rules (the "Contest Rules").
NOTE: In order to win a Prize (defined below), a potential Winner who is a resident of Canada must correctly answer a skill¬ testing question without any electronic, mechanical or other assistance. The potential Winner (regardless of jurisdiction of residence) must have complied and continue to comply in full and in all respects with these official Contest Rules. No Prize will be awarded to an eligible entrant in respect of any entry which does not comply in full with the provisions of these Contest Rules.
1. SPONSOR: The Contest is sponsored and administered by INA International Ltd. (the "Sponsor") with its head office located at #110-205 Quarry Park Blvd. SE, Calgary, Alberta T2C 3E7. Any questions, comments or complaints must be directed to the Sponsor.
2. NO PURCHASE NECESSARY: No purchase is necessary to enter or win this Contest. A purchase does not increase, improve or otherwise impact your chances of winning.
3. ELIGIBILITY.
a. The Contest is open to all legal residents of Canada or the United States (fifty (50) US states and District of Columbia) (excluding Rhode Island); who have reached the age of majority in their province/territory/state of residence at the time of entry.
b. Employees, officers, representatives, agents, members and directors of the Sponsor, and each of their respective parent and affiliate companies (collectively, the "Promotion Entities") as well as the immediate families - namely, spouses, parents, siblings and children, and/or persons living in the same household (whether or not related) - of each such employee, officer, representative, agent, member and director are not eligible to participate or win.
c. Participation constitutes your full and unconditional agreement to be legally bound by these Contest Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. CONTEST PERIOD: The Contest begins on November 4th, 2024, at 10:00 a.m. EST and ends on November 10th, 2024, at 11:59 p.m. EST. All entries must be received by the end of the Contest period to be eligible.
5. HOW TO ENTER.
a. At or near the beginning of the Contest Period, the Sponsor will make a Contest-related post on Instagram (a “Contest Post”) on @sherwoodhockey.
b. To enter the Contest, the entrant must: (i) be (or become) a follower of Sherwood on Instagram (@sherwoodhockey); (ii) like the Contest Post; and (iii) tag a friend in the comments section of the Contest Post. Each comment tagging one (1) unique friend will be counted as one (1) entry. Limit five (5) entries per person. Entries must be submitted in accordance with the instructions provided.
c. Note: You can un-follow @sherwoodhockey at any time thirty (30) days after the Contest ends without impacting your chances of winning.
d. By participating in the Contest, each entrant hereby warrants and represents that any comment they submit:
i. is original to them and that the entrant has obtained all necessary rights in and to the comment;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
v. will not contain, depict, include, discuss or involve any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.
e. For entrants using a mobile device to participate in any aspect of this Contest, message and data rates may apply. Check with your wireless service provider for details or any applicable charges. You are solely responsible for any such wireless charges. Mobile device service may not be available in all areas
f. In the event of a dispute regarding who submitted an Entry, Sponsor reserves the right, in its sole discretion, to deem the authorized account subscriber of the Instagram account used to participate in the Contest at the time of entry to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an Instagram account that can be verified by Sponsor. The potential winner may be required to provide the Sponsor with proof that they are the authorized account subscriber of the Instagram account that is associated with the eligible winning Entry.
g. Sponsor is not responsible for lost, late, stolen, incomplete, inaccurate, invalid, un-intelligible, garbled, delayed or misdirected entries, all of which will be void.
6. PRIZES.
a. There is a total of one (1) prize available to be won for the Contest consisting of the following: Signed Sherwood Rekker Legend Pro Stick for the entry winner (approximate retail value $479.99 CAD // $429.99 USD pre-tax).
b. Winner is not entitled to monetary difference between actual prize value and stated approximate retail value of the prize, if any. The prize is non-transferable, and no substitution or cash redemption will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right, for whatever reason, to substitute the Prize (or any component thereof) for one of equal or greater value. The winner is responsible for all federal, provincial, country and local taxes (including income and withholding) and fees associated with prize receipt and/or use.
c. None of the Released Parties (defined below) 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 of the Prize understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory.
7. ODDS OF WINNING: The odds of winning depend on the number of eligible entries received during the Contest Period.
8. SELECTION OF WINNERS.
a. On November 11th, 2024, the Sponsor will select one (1) potential winner by random draw from all eligible entries received during the Contest Period. Attempts will be made to notify the potential winner by Instagram Direct Message within seven (7) days of draw.
b. Before being declared an official winner, the potential winner shall be required to: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail (APPLICABLE TO RESIDENTS OF CANADA ONLY); and (ii) sign and return a declaration of eligibility, release, and liability waiver.
c. If the potential winner does not (i) respond within ten (10) business days of notification; (ii) correctly answer the skill-testing question (APPLICABLE TO RESIDENTS OF CANADA ONLY); (iii) is otherwise in non-compliance with the Contest Rules; or (iv) declines to accept the prize to be awarded, the potential winner forfeits the prize and will be disqualified. In the event of a disqualification for any reason, Sponsor, in its sole discretion and time-permitting, may randomly select another potential winner until such time as a potential winner satisfies these Contest Rules. The Sponsor is not responsible for the failure for any reason whatsoever of a potential winner to receive notification or for the Sponsor to receive a potential winner's response.
d. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners than contemplated in these Contest Rules, there will be a random draw amongst all eligible potential winners after the Contest's closing date to award the correct number of prizes.
e. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL. A SELECTED ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL THE POTENTIAL WINNER'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND THE POTENTIAL WINNER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. THE SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
9. RELEASE: By participating in the Contest, to the extent permitted by law, each entrant agrees to forever and irrevocably release and hold harmless the Sponsor, each of the Promotion Entities and each of their respective officers, directors, employees, volunteers, representatives, agents, affiliates (past, present and future), related entities, successors and assigns (collectively, the "Released Parties"), from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including reasonable legal fees) which may occur in connection with: (a) the Contest or any element thereof, including entry or participation therein; (b) delivery, possession, acceptance and/or use or misuse of any prize or component thereof; or (c) participation in any Contest-related activity or prize-related activity.
10. INDEMNIFICATION: In addition, by participating in this Contest, to the extent permitted by law, each entrant agrees to indemnify and hold harmless the Sponsor and the other Released Parties from and against any and all damages, losses, costs and expenses (including amounts paid in settlement and reasonable legal fees) incurred by the Sponsor or any of the other Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of entrant hereunder, or (ii) entrant's possession, use or misuse of any prize or component thereof. Each entrant hereby acknowledges, to the extent permitted by law, that the Sponsor and the other Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize (or any components thereof) and that, except to the extent prohibited by applicable law, the prize is provided "as is" without warranty of any kind, either express or implied. Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion and in the event of cancellation, suspension, and/or modification of the Contest, to award the prize in a random drawing from all eligible entries received as of the date of such cancellation, suspension or modification. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Contest Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any person responsible for the attempt to the fullest extent permitted by law. Sponsor's failure to enforce any term or provision of these Contest Rules shall not constitute a waiver of that term or provision. Sponsor reserves the right, in its sole discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Contest Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, entry and/or other information 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 Sponsor, in its sole discretion, affect the proper administration of the Contest as contemplated in these Contest Rules, or for any other reason.
12. LIMITATION OF LIABILITY: The Sponsor and the other Released Parties are not responsible or liable for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; (e) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her email or telephone messages; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. FURTHER, IN ANY 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.
13. PRIVACY: Information collected from entrants is subject to Sponsor's Privacy Policy at https://sherwoodhockey.com/pages/privacy-policy. By participating in the Contest, the Sponsor will collect, use and distribute personal information of the entrants: (i) to administer and run the Contest including notifying and confirming the winner and fulfilling the prize, (ii) as otherwise permitted by any release signed by the confirmed winner, and (iii) as otherwise permitted by Sponsor's Privacy Policy or applicable law.
14. INSTAGRAM. Instagram: (a) has in no way sponsored, endorsed or administered the Contest; (b) is not associated or connected with any part of the Contest in any manner whatsoever; and (c) is not liable in any way whatsoever in regard to any matter, which relates to the Contest. Any questions, comments or complaints will be directed to the Sponsor and not Instagram. Instagram is indemnified and held harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Contest including without limitation the publicity or administration thereof.
15. INTELLECTUAL PROPERTY. All Sponsor intellectual property, including but not limited to trademarks, 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.
16. 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.
17. LAW. These are the Contest Rules. The Contest is subject to applicable federal, provincial, state and local laws and regulations. The Contest Rules are subject to change without notice to comply with any applicable federal, state, provincial, municipal and local 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.
18. 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.
19. 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.
20. WINNERS LIST. For Contest results, send an email with the subject line of “Winner List -Sherwood Bedard Contest” to marketing@sherwoodhockey.com. Requests for the Winner’s List must be received within 60 days of the end of the Contest Period.