(the “Official Rules”)
2021 Rogers Moments National Tennis Centre Contest (the “Contest”)
These Official Rules govern the Contest. By participating or attempting to participate in the Contest, you will be deemed to have read, understood, and agreed to be bound by these Official Rules.
1. WHO ARE THE SPONSORS?
The Contest is sponsored and administered by Rogers Communications Inc. or one of its subsidiaries or affiliates (“Rogers”).
Rogers and any co-sponsors of the Contest are referred to collectively or individually as the “Sponsors”.
The Contest is in no way sponsored, endorsed or administered by Tennis Canada or any of their respective parents, governors, subsidiaries, affiliates, directors, officers, shareholders and agents and each of them is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to Sponsors and not to Tennis Canada.
This Contest is in no way sponsored, endorsed, administered by or associated with any third party social media or social networking service or site (each a “Third Party Service”), including but not limited to Facebook, Instagram and/or Twitter. Any questions, comments or complaints regarding the Contest should be directed to Rogers and not to any Third Party Service.
2. WHO IS ELIGIBLE TO ENTER?
Entrants must be residents of Quebec residing within 150 km radius from the National Tennis Centre (located at Stade IGA in Montreal) who are at least 13 years old as of the date of entry in order to be eligible. Entrants who are under the age of majority must have the consent of their parent or legal guardian to enter in the Contest in accordance with these Official Rules.
The following individuals are not eligible to enter the Contest:
(a) employees, officers, directors, agents, and representatives of: (i) the Sponsors, or any of their respective parents, subsidiaries or affiliates; (ii) Tennis Canada; (iii) any prize suppliers; (iv) any and all other companies associated with the Contest;
(b) a household member of any of the individuals listed in (a), above, whether or not related; or
(c) members of the immediate family (spouse, parent, child, sibling) of the individuals listed in (a), above.
3. WHEN DOES THE CONTEST START/END?
You may enter the Contest between 12:00 am on Monday, September 6th, 2021 and 11:59 pm on Sunday, September 26th, 2021 (“Entry Period”) after which time the Contest will be closed and no other entries shall be accepted. All times referenced in these Official Rules are Eastern.
4. HOW DO I ENTER THE CONTEST?
No purchase is necessary to enter the Contest. Entry is subject to these Official Rules.
There are two ways to enter this Contest: (1) via the Fan Profile and (2) via mail-in entry. No other method of entry will be accepted.
(1) Enter via the Fan Profile Method:
During the Entry Period, complete and submit the entry form that includes the completion of a “Fan Profile” (the “Fan Profile”) and the submission of an answer to the question “why do you love tennis?” (the “Answer”) in by visiting www.rogersmoments.com/tennis.
(2) Enter via Mail-in Method:
If you do not want to wish to enter the Contest by submitting a Fan Profile, you may enter the Contest by sending via mail (“Mail-in Entry”) during the Entry Period, the Answer along with your name, address, day and evening telephone numbers, email address, and age, to the attention of Keenen Moreira-Lima “2021 Rogers Moments – National Tennis Centre Contest” at 333 Bloor Street East, 8th Floor, Toronto, Ontario, M4W 1G9. To be valid, Mail-in Entries must be postmarked within the Entry Period and be received at the latest by the judging of the Answers on September 27, 2021.
All eligible Answers will be judged based on specific criteria as described in Section 10 below.
5. HOW MANY TIMES MAY I ENTER THE CONTEST?
There is a limit of one (1) entry per person, regardless of the method of entry and if a person submits more than one entry, only the first entry from each person will be considered.
6. COULD MY ENTRY BE REFUSED OR REJECTED?
Your entry could be refused or rejected if:
(a) you attempt to enter the Contest in a fashion not authorized by these Official Rules;
(b) your entry contains false or misleading information, or is late, falsified, illegible, damaged or incomplete or otherwise irregular;
(c) your entry is submitted using robotic, automated, programmed, or other illicit means; or
(d) your entry is not in compliance with these Official Rules.
The Sponsors reserve the right to refuse any entry for any other reason as they may determine.
7. WHAT ARE THE CONDITIONS OF ENTRY?
By entering the Contest:
(a) you agree to be bound by these Official Rules and by the decisions of the Sponsors, which decisions are final, binding and conclusive;
(b) you represent and warrant that: (i) your entry, including any material comprising your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, video, written submission, or other form of submission, as applicable) (all such material, collectively, the “Entry Material”) is original to you, (ii) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties whose personal information is included in your Entry Material, and (iii) your Entry Material does not contain, depict, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by the Sponsors;
(c) you understand and agree that your entry, including your Entry Material, will not be returned to you and may be moderated or edited by Rogers as it deems appropriate;
(d) you grant to the Sponsors the irrevocable right to use your Entry Material in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, or create derivative works from, your Entry Material without notification, compensation or additional consideration to you;
(e) you waive all claims of moral rights in any use of your Entry Material by Rogers pursuant to the rights granted in these Official Rules; and
(f) you waive and forever discharge the Sponsors, Tennis Canada, their respective parents, affiliates, and subsidiaries, any other companies associated with the Contest, and all of their respective directors, officers, employees, agents, representatives, licensees, successors and assigns, as well as any Third Party Services, (collectively, the “Releasees”), and agree to indemnify and hold harmless each of the Releasees, from and against any and all claims, damages or liability, including any costs or losses related to personal injury, death, damage to or loss or destruction of property, arising out of, or in any way related to, (i) your participation in the Contest, (ii) the awarding, receipt, possession, use or misuse of any prize, in whole or in part, including participating in travel or any activity related to the prize, (iii) the use of any Entry Material or Publicity Material (defined below) in accordance with the rights granted in these Official Rules, or (iv) any breach of these Official Rules;
(g) you agree to comply with all applicable orders, directives, guidelines, COVID-19 procedures, COVID- 19 related bylaws, and public health and safety regulations issued by federal, provincial and municipal authorities. Such guidelines and bylaws include without limitation, requirements related to hand sanitation, self-isolation, social and physical distancing, and use of face coverings as may be applicable.
8. WHAT ARE THE CONTEST PRIZES?
There is one (1) prize available to be won in the Contest, consisting of a bank of fifty-two (52) hours of court-time access at the National Tennis Centre complex. All prize particulars, including the following will be determined by the Sponsors and the prize supplier in their sole discretion:
• All court requests and specific date and times of access at the National Tennis Centre are subject to availability and must be made during court time slots reserved for general public with approval at the sole discretion of the Sponsors and the prize supplier;
• Maximum of two (2) total hours can be redeemed per day;
• Maximum of four (4) total hours can be redeemed per week;
• Reservation privilege of up to 7 days in advance. Reservations must be made in advance via phone or e-mail, no walk-on access is permitted;
• One (1) parking pass is included;
• The bank of hours is valid until September 26, 2022. Any unused hours will expire thereafter without any compensation whatsoever;
• The court time is non-transferrable and must be reserved and used by the winner;
• The winner may bring up to one (1) guest for each reservation.
The approximate retail value associated with the prize is $3,000.
9. ARE THERE ANY PRIZE CONDITIONS?
In addition to any prize conditions provided elsewhere in these Official Rules, any prize awarded in the Contest is subject to the following conditions:
(a) Except for gift cards, vouchers or cash prizes, the prize value in these Official Rules is approximate only. You will not be compensated if actual prize value is lower than the value quoted in these Official Rules;
(b) The Sponsors reserve the right, in their sole discretion, to substitute a prize, in whole or in part, with a prize or prize component of equal or greater value if the prize or any component thereof cannot be awarded for any reason;
(c) The prize must be accepted as awarded and may not be transferred or resold, unless otherwise determined by the Sponsors. The prize may not be exactly as advertised. The prize is provided “as is” without representation or warranty of any kind by the Sponsors; and
(d) Any unused portion of the prize, once awarded, will be deemed forfeited. The prize will not be replaced if lost, destroyed, mutilated or stolen.
10. HOW WILL THE POTENTIAL WINNER(S) BE SELECTED?
The Sponsors reserve the right, at their sole discretion, to disqualify any Answer that does not meet the Criteria (defined below) and only eligible Answers meeting the Criteria will be judged.
Judging of entries: A panel of judges comprising representatives of the Sponsors (the “Judges”) will judge eligible Answers based on the following criteria (the “Criteria”):
a. Creativity/Originality of Entry Material (34%);
b. Quality of Entry Material (33%);
c. Relevance of Entry Material to Contest theme (33%)
On Monday, September 27th, 2021 at approximately 3:00 pm at the offices of Rogers located at 333 Bloor Street East, 8th Floor, Toronto, Ontario, M4W 1G9, the Judges will determine the most compelling Answer in their sole discretion pursuant to the Criteria from among all eligible Answers received and the entrant associated with the selected Answer will be deemed the potential winner.
The potential winner will be notified using the contact information provided in their entry. In the event any potential winner does not respond to such notification within two (2) business days, declines a prize for any reason, or does not meet the requirements set forth in these Official Rules, as determined by the Sponsors, the potential winner will be disqualified and, time permitting, an alternate potential winner may be selected based on the next-ranking eligible entry, or the prize may be cancelled. The decisions of the Judges are final and binding and may not be challenged in any way.
The confirmed winner may have limited access or no access to the National Tennis Centre for a period to be determined by the Sponsors and the prize supplier if one of the following occur to or by the winner and/or their guest or social circle, as applicable:
• experiencing COVID symptoms consistent with COVID-19 (such as, but not limited to, cough, shortness of breath, fever or any common cold or flu-like symptoms);
• have a confirmed or suspected case of COVID-19;
• have come in contact in the last fourteen (14) days with a person who has been confirmed or suspected of having COVID-19;
• have returned from travelling outside of Canada in the last 14 days; or
• have been instructed to self-isolate by a Public Health Agency, medical professional, any other authority.
11. HOW CAN A POTENTIAL WINNER BECOME A WINNER?
Before being declared a winner, a selected entrant must:
(a) correctly answer, without assistance, a time-limited, mathematical skill-testing question to be administered by the Sponsors;
(b) be in compliance with these Official Rules;
(c) sign and return, within any designated time period, a release of liability and consent to publicity form (the “Release Form”) and any other documentation as reasonably required. If the potential winner is a minor, their parent or legal guardian must sign and return the Release Form. The Sponsors may require winner’s guest(s) to sign and return, within any designated time period, a Release Form and any other documentation as reasonably required, as a pre-condition to participation in the prize. In the event any guest is a minor, the parent or legal guardian of the guest will be required to sign and return such paperwork on behalf of the minor guest; and
(d) at the request of the Sponsors, provide proof of identification to confirm eligibility or to claim a prize, or provide proof that they are the authorized account holder of any account associated with the selected entry.
12. WHAT ARE THE ODDS OF WINNING A PRIZE?
The odds of winning a prize depend on the number of eligible Answers received and the score assigned based on the application of the Criteria.
13. HOW DO I CLAIM A PRIZE?
Once a potential winner is confirmed as a winner, prize distribution will be promptly coordinated.
14. WILL I APPEAR IN ANY PUBLICITY IF I AM A WINNER?
If you are a winner, the Sponsors may require you to appear in publicity related to the Contest or to any similar contest. By accepting a prize, you:
(a) grant to the Sponsors the irrevocable right to record, photograph or otherwise capture or document you, your likeness, your voice, or any statements you make regarding the Contest or the prize, by any available means;
(b) agree that any such captured material, together with your biographical information, such as name or place of residence, or your Entry Material (collectively, all such materials, the “Publicity Material”) may be used by the Sponsors or their licensees, successors, or assigns (collectively, the “Publicity Parties”) in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry Material;
(c) acknowledge that the Publicity Parties shall not be required to compensate you, notify you, or request your permission in connection with their use of any Publicity Material, unless otherwise prohibited by law; and
(d) waive any rights that you may have or that may otherwise exist in connection with any use of the Publicity Material by any of the Publicity Parties, including any moral rights in any such Publicity Material.
15. HOW WILL MY PERSONAL INFORMATION BE COLLECTED, USED AND DISCLOSED?
Your personal information may be disclosed to a third party in the following circumstances:
(a) in accordance with these Official Rules, or with your consent, or as otherwise permitted or required by law;
(b) you elect to receive Commercial Communications from a party other than Rogers;
(c) to coordinate the fulfillment or provision of the prize with a prize supplier; and/or
(d) if you have been asked to sign and return a Release Form or other documentation in accordance with the terms of these Official Rules, Rogers may disclose your personal information to any interested party, such as an entity who is released from liability.
16. HOW DO THE RELEASEES LIMIT THEIR LIABILITY?
The Releasees assume no liability for the following:
(a) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, jumbled, or garbled entries, transmissions, email, mail, or other communications;
(b) any error, omission, interruption, defect or delay in transmission, processing, or communication;
(c) failures or malfunctions of, or difficulties with, computer hardware or software, telephones, telephone lines, telephone systems, or network, cable, satellite, server, or website connections;
(d) printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or in Contest-related materials;
(e) incorrect or inaccurate information, including where caused by website users, tampering, hacking, or by any equipment or programming associated or used in connection with the Contest;
(f) injury or damage to any computer or other device resulting from or otherwise related to participation in the Contest, the use of any website, or the downloading or accessing of any materials;
(g) anyone being incorrectly or mistakenly identified as a winner or potential winner; and/or
(h) any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, or otherwise, relating in any way to the Contest, including those errors, problems or difficulties that may relate to the administration of the Contest, the processing of entries, the advertising of the Contest, the announcement of any prize or prize winner, or the cancellation or postponement of any event.
17. WHAT LAWS APPLY TO THE CONTEST?
The Contest is subject to applicable federal, provincial and municipal laws and regulations. Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal or civil laws. Should any such attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law.
18. CAN THE SPONSORS CANCEL OR AMEND THE CONTEST?
The Sponsors reserve the right, in their sole discretion, to cancel, modify, or suspend the Contest or amend these Official Rules at any time, for any reason whatsoever, subject to prior approval by the Régie des alcools, des courses et des jeux, if legally required.
You may not amend these Official Rules in any way.
19. COULD THE SPONSORS DISQUALIFY OR BAN SOMEONE FROM A CONTEST?
The Sponsors reserve the right, in their sole discretion, to disqualify any entrant from the Contest, or prevent any entrant from future participation in a contest, that has:
(a) resold or attempted to resell a prize, in whole or in part;
(b) tampered with or attempted to tamper with, or undermined or attempted to undermine, the legitimate operation of the Contest and/or the Contest Website;
(c) provided false or misleading information;
(d) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any person; and/or
(e) otherwise violated these Official Rules.
20. WHAT HAPPENS IF THESE OFFICIAL RULES CONTRADICT OTHER CONTEST MATERIALS?
In the event of any discrepancy or inconsistency between these Official Rules and disclosures or statements made by the Sponsors or appearing in other Contest-related materials, these Official Rules shall govern.
21. WHAT HAPPENS IF PART OF THESE OFFICIAL RULES BECOMES UNENFORCEABLE OR DOES NOT APPLY?
If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be legally binding.
22. FOR RESIDENTS OF QUEBEC:
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.