OFFICIAL CHALLENGE TERMS AND CONDITIONS
1. KEY DATES:
The Canadian Academic Entrepreneur Challenge (the “Challenge”) begins on September 28, 2022 at 12:00 a.m. eastern time (“ET”) and ends on February 15, 2023 11:59 p.m. ET (the “Challenge Period”).
The Challenge Period consists of a registration period (the “Registration Period”), two (2) participation periods (the First Round participation period (the “First Round Participation Period”) and the Final Round participation period (the “Final Round Participation Period”)), and two (2) judging periods (the First Round Judging Period (the “First Round Judging Period”) and the Final Round Judging Period (the “Final Round Judging Period”)), as follows:
Periods (Start 12:00 a.m. ET - End 11:59 p.m. ET)
2. ELIGIBILITY TO PARTICIPATE:
The Challenge is open only to students who, as of the start of the Challenge Period: (i) are enrolled in the 2022-2023 academic year at an officially recognized Canadian university or college, in any program at the undergraduate or post-graduate level, on a part-time or full-time basis; (ii) are a Canadian or international student residing in Canada (excluding Quebec); and (iii) have reached the legal age of majority in their province/territory of residence, or are seventeen (17) years of age or older, but have not reached the legal age of majority in their province/territory of residence (each, a “Minor”) and whose parent/legal guardian has agreed, on such Minor’s behalf and on his/her parent/legal guardian’s own behalf, that each of them will be bound by these Official Challenge Terms and Conditions (the “Terms”). Employees of the Direct Sellers Association of Canada (the “Sponsor”), its representatives, agents, parent companies, subsidiaries, affiliates, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Challenge (collectively, the “Challenge Parties”) are not eligible to enter.
To be eligible to win a prize, Challenge participants must meet the eligibility criteria set out above throughout the Challenge Period.
NOTE TO MINORS: The Sponsor reserves the right, in its sole and absolute discretion, on a random audit basis or at any time and for any reason, to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Terms on such Minor’s behalf and on his/her parent/legal guardian’s own behalf; (ii) consent to the Minor’s participation in this Challenge; and/or (iii) consent to the collection of the Minor’s personal information. Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may, in the sole and absolute discretion of the Sponsor, result in the disqualification of such Minor.
3. TEAMS AND TEAM REPRESENTATIVES:
Eligible participants must enter this Challenge as part of a team (a “Team”). Each Team may be comprised of two (2) to four (4) eligible participants in total. Each member of a Team must meet the eligibility requirements noted above in Rule 2. A Team’s members may be enrolled at different qualifying universities or colleges.
Prior to participating in the Challenge, the members of a Team must designate one (1) eligible member of the Team to act as the Team’s representative (the “Representative”). The Representative: (i) will be responsible for submitting all required submission materials in accordance with these Terms to participate in the Challenge, on behalf of his/her Team; (ii) will be the primary point of contact for the Sponsor and his/her Team members throughout the Challenge Period; and (iii) agrees to receive email communications from the Sponsor regarding the Challenge. To be eligible, a Representative must meet all the eligibility criteria in Rule 2 above and be authorized at the time of participation in the Challenge (and must remain authorized during and after the Challenge) by the each member of his/her Team to: (i) provide to the Sponsor any and all required information that relates to the Team and each Team member for the purposes of administering and promoting the Challenge in accordance with these Terms; (ii) participate in the Challenge and accept the Prize on behalf of the Team and each Team member; and (iii) agree to be legally bound by these Terms on behalf of the Team and each Team member (and each Minor Team member’s parent/legal guardian).
4. AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in this Challenge, each participant (and if a Minor, his/her parent/legal guardian) is signifying their agreement that they have read and agree to be legally bound by these Terms.
5. HOW TO PARTICIPATE:
No Purchase Necessary. To participate in the Challenge and be eligible to win a prize, eligible Teams must complete the procedures set out below.
(a) Registration Period
During the Registration Period, each Team must register for the Challenge. To register, the Representative of a Team must visit www.entrepreneurchallenge.ca (the “Website”) and follow the on-screen instructions to fully complete and submit the Challenge registration form with all required information, which may include a requirement to: (i) enter the Representative’s first name, last name and valid email address; (ii) signify agreement that the Representative and each member of his/her Team (and, if anyone is a Minor, that such Minor’s parent/legal guardian) have read and agree to be legally bound by the terms and conditions of these Terms; and (iii) agree to receive (or reconfirm his/her agreement to receive) email communications from the Sponsor regarding the Challenge (NOTE: this section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information) (collectively, a “Registration”).
To be eligible to participate in the Challenge, each Team must complete a Registration in accordance with these Terms during the Registration Period. The Representative of each Team that completes a Registration in accordance with these Terms during the Registration Period will receive an email from the Sponsor or the Sponsor’s designated representative confirming his/her Team’s Registration and a copy of a Challenge package with information on participating in the First Round (the “First Round Package”). The Sponsor’s confirmation of a Registration in no way impacts or limits the Sponsors rights set out within these Terms.
(b) First Round Participation Period
Upon completing a Registration during the Registration Period and receiving a First Round Package, eligible Teams may participate in the First Round of the Challenge during the First Round Participation Period. To participate in the First Round of the Challenge, a Team must prepare a .PDF submission document that: (i) includes the Team’s complete answers to all four (4) First Round questions set out within the First Round Package (six questions, each between 200-300 maximum words each, that require Teams to describe the following aspects of their idea: Company, Product, Market Description, Marketing Strategy and Ethical Business Practices, plus optional supplementary materials, e.g., tables, charts, pictures, graphics.), in accordance with all instructions and/or directions provided; (ii) includes a cover page featuring the identifying “Company” and “Product” names you are using for your submission; (iii) includes any relevant appendices, images and/or graphs; (iv) has a file name that reflects the following structure: Company Name_Email Address used to Register.pdf (e.g., XYZCo_AJones @internet.com.pdf); (v) a page that includes the following information for each Team member: (a) first and last name, (b) name of eligible school and program that the Team member is enrolled in, (c) valid email address (preferably utilizing school’s domain), and (d) a statement confirming that “Each team member agrees to receive emails from DSA Canada regarding the Challenge and has read, understood and agrees to be legally bound by the Official Challenge Terms and Conditions”; (vi) uses a font of minimum 10 pt, is no more than 8MB in size, and is written in English; and (vii) is in accordance with these Terms, including without limitation the Participation Requirements set out in Rule 8 below, as well as all other instructions and directions that may be included in the First Round Package or otherwise communicated by the Sponsor (collectively, a “First Round Submission”). Next, a Team’s Representative must visit the Website during the First Round Participation Period and follow the on-screen instructions to upload and submit his/her Team’s First Round Submission in accordance with these Terms.
(c) Final Round Participation Period
Upon completing an eligible First Round Submission in accordance with these Terms, select Teams will have the opportunity to participate in the Final Round of the Challenge during the Final Round Participation Period (as determined by the Challenge Judges (defined below) during the First Round Judging Period, in accordance with the eligible winner selection process described in Rule 11). To participate in the Final Round of the Challenge, selected Teams must: (i) provide answers to four (4) questions, tailored to each Team, which will focus on further investigation of specific traits of the content provided in the Team’s First Round Submission, including but not limited to financial and investment aspects, and sales and marketing messages (collectively, a “Final Round Submission”).
To be eligible, all content and materials associated with a First Round Submission and, as applicable, Final Round Submission (collectively, “Submission Materials”) must: (i) be submitted and received in accordance with these Terms during the Challenge Period; (ii) include all required components and materials noted above; and, (iii) be in accordance with these Terms, including, but not limited to, the specific Participation Requirements listed below in Rule 8 (all as determined by Sponsor in its sole and absolute discretion).
6. SUBMISSION LIMIT AND CONDITIONS:
There is a limit of one (1) First Round Submission and one (1) Final Round Submission (each, a “Submission”) per Team and per Team member (for certainty, a Team member may only participate as a member of one (1) Team, and each Team may only submit one (1) Submission in the First Round and one (1) Submission in Final Round). 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) exceed any of the limits stated in these Terms; (ii) use multiple names, multiple identities, multiple e-mail addresses, multiple Teams and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Challenge; and/or (iii) disrupt or participate in the Challenge in any other fraudulent or misleading way, then he/she may be disqualified from the Challenge in the sole and absolute discretion of the Sponsor. The Challenge Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Submissions and/or Submission Materials (all of which are void). A Submission may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Submission (including, but not limited to, any associated Submission Materials) is not submitted and received in accordance with these Terms during the Challenge Period; and/or (ii) the Submission Materials accompanying the Submission are not in compliance with these Terms (including, but not limited to, the specific Participation Requirements listed below in Rule 8), all as determined by Sponsor in its sole and absolute discretion.
7. VERIFICATION:
All Submissions, Submission Materials, Registrations, Teams, Representatives and participants 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 participant’s eligibility to participate in this Challenge; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Submission, Submission Materials, Registration, Team, Representative and/or other information entered (or purportedly entered) for the purposes of this Challenge; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Challenge in accordance with the letter and spirit of these Terms. 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 the Challenge will be the official time-keeping device(s) used by the Sponsor.
8. PARTICIPATION REQUIREMENTS:
BY SUBMITTING A SUBMISSION, EACH PARTICIPANT (and if a Minor, his/her parent/legal guardian) AGREES THAT THE SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE SUBMISSION MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF A SUBMISSION (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE SUBMISSION MATERIALS); (II) PARTICIPATION IN ANY CHALLENGE-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH PARTICIPANT IN THE EVENT IT IS DISCOVERED THAT A PARTICIPANT HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CHALLENGE AND/OR AWARDING OF ANY PRIZE.
All products identified as part of a Team’s First Round Submission:
i. must be deemed ethical and eligible for legal distribution;
ii. should have national if not international market potential;
iii. must be practically marketed through the direct-to-consumer channel;
iv. must be either sufficiently unique, or marketed in a way, so as to be differentiated from those currently marketed by firms using the direct-to-consumer channel.
By participating in the Challenge, each participant (and if a Minor, his/her parent/legal guardian) hereby warrants and represents that any Submission Materials his/her Team submits:
i. is/are of a professional nature, using clear, concise language, layout and graphics;
ii. is/are original and that the Team has obtained all necessary rights in and to the Submission Materials for the purposes of entering such Submission Materials in the Challenge;
iii. does not exactly replicate an existing, real-life product or marketing strategy. While Submissions can be influenced by trends and strategies that participants have observed, the Challenge is focused on new ideas;
iv. does not include information or content that has been submitted as part of a Submission by another Team;
v. does not violate any law, statute, ordinance or regulation;
vi. 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;
vii. 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 (for certainty, plagiarism, intellectual property theft or copyright infringement is prohibited); and
viii. is/are not defamatory, trade libelous, pornographic or obscene, and further will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic), except with express consent of the individuals; conduct or other activities in violation of these Terms; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
9. RIGHTS & LICENSE:
The Challenge Parties do not assert any ownership over Submissions. Participants retain full ownership of all Submissions, Submission Materials, and any intellectual property rights or other proprietary rights associated with Submissions. The Released Parties are not liable for any statements or representations in Submissions. Participants are solely responsible for Submissions and expressly agree to exonerate the Released Parties from any and all responsibility and to refrain from any legal action against them.
Notwithstanding the foregoing, by entering the Challenge and submitting a Submission, each participant (and each member of a participant’s Team, and if any such individuals are a Minor, the Minor’s parent/legal guardian): (i) grants to the Sponsor the limited, non-exclusive, perpetual, worldwide right and license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use his/her Submission Materials (and each component thereof), in whole or in part, for the purpose of advertising or promoting the Challenge in any type of media; (ii) waives all moral rights in and to his/her Submission Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Submission Materials); (iii) waives all rights to review or approve any such use that Sponsor makes of his/her Submission Materials (and each component thereof); and (iv) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from such use of his/her Submission Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement, patent infringement or any other intellectual property related or other cause of action whatsoever. Upon the Sponsor’s request, each participant agrees to sign any document(s) as may be deemed necessary by the Sponsor in its sole and absolute discretion to confirm, perfect, or give full effect, to such license.
10. PRIZES:
The following prizes (the “Prizes”) are available in the Challenge:
Grand Prize: There is one (1) grand prize (the “Grand Prize”) available to be won, consisting of: (i) a cash award of $2,500 CAD, to be distributed equally among the members of the Grand Prize winning Team; (ii) a prize bundle that includes a selection of products from supporting and sponsor organizations of the Challenge (as selected by the Sponsor, in its sole and absolute discretion) with an approximate retail value (“ARV”) of $500 CAD; and (iii) subject to the 2023 DSA of Canada Annual Conference (the “Conference”) being held as an in-person event, a trip for two (2) members of the Grand Prize winning Team (determined by members of the Grand Prize winning Team, in their sole discretion) to attend the Conference, including: (a) two (2) tickets to attend the Conference (subject to the terms and conditions of the issuer), currently scheduled to take place on June 26, 2023 in Montreal, Quebec (the “Destination City”); (b) round-trip economy airfare for two (2) people to the Destination City from the major Canadian airport nearest to the Team members’ residence (as determined by the Sponsor in its sole and absolute discretion); and, (c) one (1) night hotel accommodation in the Destination City (hotel to be selected by the Sponsor in its sole and absolute discretion) (2 rooms, single occupancy), with an ARV of $2500 CAD based on a Vancouver hypothetical departure point example. IMPORTANT NOTE: in the event that the Conference is not held as an in-person event (for any reason, including without limitation due to Covid-19 or other public safety issues), the Grand Prize shall not include the trip portion of the prize and shall only consist of the $2,500 CAD cash award and prize bundle as set out above (for greater certainty and the avoidance of any doubt, the trip portion of the Grand Prize will be forfeited and the Sponsor is not obligated to offer any substitute prizing in its place). If the Conference is held as an in-person event, the total ARV of the Grand Prize is $5500 CAD, based on a Vancouver hypothetical departure point example; if the Conference is not held as an in-person event, the ARV of the Grand Prize is $3000CAD.
Secondary Prizes: There are two (2) secondary prizes (the “Secondary Prizes”) available to be won, each consisting of a prize bundle that includes a selection of products from supporting and sponsor organizations of the Challenge (as selected by the Sponsor, in its sole and absolute discretion) with an ARV of $500 CAD.
Without limiting the foregoing, the following terms and conditions apply to the trip portion of the Grand Prize: (i) all travel related to the Grand Prize must occur during the dates specified by the Sponsor (otherwise this portion of the Grand Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (ii) both Team members must: (a) have all necessary documentation to permit travel to the Destination City; and (b) must not have any legal barrier to travel to, and return from, the Destination City; (iii) the costs of everything not specifically and expressly stated above as included in the Grand Prize are the sole and absolute responsibility of the travelling Team members, including, without limitation: transportation for the Team members to and from the Canadian departure airport; excess baggage and other fees; and items of a personal nature (NOTE: the Team members may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (iii) if Team members do not utilize any part(s) of the Grand Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (iv) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the trip portion of the Grand Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (v) all travel arrangements must be made through the Sponsor or its designated agents; (vi) neither Sponsor nor any of its prize suppliers will replace any lost or stolen tickets, and attendance at the Conference is subject to all applicable venue policies and Conference terms and conditions; (vii) any difference between the actual value of the trip portion of the Grand Prize and its stated approximate retail value will not be awarded; (viii) precise travel arrangements are subject to space and flight availability and shall be made at the Sponsor’s sole and absolute discretion; (ix) once booked, travel arrangements may not be changed; (x) certain blackout dates and further restrictions may apply; (xi) the Released Parties will not be in any way responsible (and for greater certainty, the trip portion of the Grand Prize may be forfeited and the Sponsor is not obligated to offer any substitute prizing in its place) in the event that any part of the trip portion of the Grand Prize is delayed, postponed, rescheduled or cancelled, or in the event that Team members are unable to travel, for any reason whatsoever (including, without limitation, due to illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to such illness or risks, such as, without limitation, those that may be implemented to mitigate COVID-19 transmission, or due to any other cause of any kind or nature whatsoever beyond the commercially reasonable control of the Released Parties); (xii) Sponsor is not responsible in the event a Team member is unable to travel for any reason, in which case, his/her trip portion of the Grand Prize will be forfeited and nothing will be provided in its place; and (xiii) the Sponsor reserves the right to change any of the dates and/or trip description at its sole and absolute discretion. IMPORTANT NOTE: In the event that a Team member attending the trip portion of the Grand Prize resides within a 240 km radius of the Destination City (as determined by Sponsor in its sole and absolute discretion), the Grand Prize will not include airline travel to and from the Destination City and alternative ground transportation will be provided.
Without limiting the foregoing, the following terms and conditions apply to all Prizes: (i) the Sponsor will not involve themselves in, and the Released Parties accept no obligation or liability in respect of, any decision regarding the subsequent distribution, allocation, use or misuse of a Prize or any portion of a Prize (including without limitation, any subsequent distribution of the cash award portion of the Grand Prize among members of the Grand Prize winning Team and, as applicable, the selection of the Grand Prize winning Team members which will participate in the trip portion of the Grand Prize); (ii) by accepting a Prize, the confirmed winners agree 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; (iii) Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (iv) no substitutions are permitted, except at Sponsor’s option; (v) the Sponsor reserves the right to substitute any Prize in whole or in part in the event that all or any component of such Prize is unavailable with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (vi) all characteristics and features of each Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion; (vii) each Prize winner is solely responsible for all costs not expressly described herein; and (viii) winning Team members are solely responsible for reporting and paying any income tax that may be payable in connection with receipt of a Prize, as applicable.
11. ELIGIBLE WINNER SELECTION PROCESS:
(a) First Round Judging
During the First Round Judging Period, a panel of judges (the “Challenge Judges”) appointed by the Sponsor at its sole and absolute discretion will judge and assign a score (each, a “Score”) to each eligible First Round Submission received on the basis of the following weighted criteria (the “First Round Judging Criteria”):
Criteria (Weighting)
A Team will only be eligible to participate in the Final Round of the Challenge if the Team’s First Round Submission obtains a Score of at least 70% (the “Minimum Score”). Each Team associated with a First Round Submission that obtains one (1) of the top ten (10) eligible Scores will have the opportunity to participate in the Final Round of the Challenge during the Final Round Participation Period. For certainty and the avoidance of any doubt, if less than ten (10) First Round Submissions obtain the Minimum Score, then only the number of Teams associated with a First Round Submission that obtain the Minimum Score will have the opportunity to participate in the Final Round of the Challenge during the Final Round Participation Period. The odds of being eligible to participate in the Final Round of the Challenge depend on the number and calibre (based on the First Round Judging Criteria) of eligible First Round Submissions received. In the event of a tie between two or more First Round Submissions, based on Score, the Team associated with the First Round Submission – from amongst all such First Round Submissions that are tied – with the highest Score on the Creativity & Ideas criterion listed above will be deemed to have obtained the higher Score. The Representative of each Team that is eligible to participate in the Final Round of the Challenge will be notified by email following the close of the First Round Judging Period.
(b) Final Round Judging
During the Final Round Judging Period, the Challenge Judges will judge and assign a Score to each eligible Final Round Submission received on the basis of the following weighted criteria (the “Final Round Judging Criteria”):
Criteria (Weighting)
The Team associated with the Final Round Submission that obtains the highest Score, based on the Final Round Judging Criteria, will be deemed the eligible Grand Prize winner. Each Team associated with a Final Round Submission that obtains one (1) of the next two (2) highest Scores, based on the Final Round Judging Criteria, will be deemed the eligible Secondary Prize winners. The odds of winning depend on the number and calibre (based on the Final Round Judging Criteria) of eligible Final Round Submissions received. In the event of a tie between two or more Final Round Submissions based on Score, the Team associated with the Final Round Submission – from amongst all such Final Round Submissions that are tied – with the highest score on the Creativity & Ideas criterion listed above will be deemed to have obtained the higher Score. The Representative of each Team that is an eligible winner will be notified by email following the close of the Final Round Judging Period.
IMPORTANT NOTE: The eligible winner of each Prize in the Challenge will be the Team associated with an applicable winning Final Round Submission. The Representative of each winning Team must complete the winner confirmation procedure in Rule 13 below and accept the applicable Prize on behalf of each member of his/her Team. The Sponsor will not involve themselves in, and the Released Parties accept no obligation or liability in respect of, any decision regarding the subsequent distribution, allocation, use or misuse of a Prize or any portion of a Prize.
12. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact the Representative of each potential winning Team by email (at the address provided at the time of Registration) as set out in Rule 11 above. If a Representative cannot be contacted as set out above, or if there is a return of any notification as undeliverable; then his/her Team may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, select an alternate potential Prize winner based on Score in accordance with the procedure in Rule 11 above (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).
13. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO TEAM IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS SUCH TEAM AS A WINNER IN ACCORDANCE WITH THESE TERMS. Before being declared A CONFIRMED PRIZE winner, the Representative of each potential winning Team (on his/her own behalf and on behalf of each member of his/her Team), and if the Representative is a Minor his/her parent/legal guardian, will be required to sign and return within the timeline specified the Sponsor’s declaration and release form, which may (among other things): (i) confirm compliance with these Terms; (ii) acknowledge acceptance of the applicable Prize (as awarded); (iii) release the Released Parties from any and all liability in connection with this Challenge, the Team’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agree to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of the Team’s Submission Materials or any portion(s) thereof; and (v) agree to the publication, reproduction and/or other use of the Representative’s name, address, voice, statements about the Challenge 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 or medium whatsoever, including print, broadcast or the internet, worldwide and in perpetuity. IMPORTANT NOTE: If any member of a potential winning Team that is not the Representative is a Minor, the Sponsor may require, in its sole and absolute discretion, that such Minor and his/her parent/legal guardian also sign and return the Sponsor’s form of declaration and release prior to the Team being confirmed as a winner.
If a Representative and/or Team (a) fails to return the properly executed Challenge documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Terms (all as determined by the Sponsor in its sole and absolute discretion); then such Team will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, select an alternate potential Prize winner based on Score in accordance with the procedure outlined above, with the necessary amendments (in which case the foregoing provisions of this section shall apply to such newly selected potential winning Team).
14. GENERAL CONDITIONS:
This Challenge is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Challenge are final and binding on all participants without right of appeal. ANY TEAM AND/OR MEMBER OF A TEAM DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS 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 the Website or any other website or platform during the Challenge; (ii) any technical malfunction or other problems 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 Submission, Submission Materials and/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, including the online Registration form; (iv) any injury or damage to an participant’s or any other person’s computer or other device related to or resulting from participating in the Challenge; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, in its sole and absolute discretion to cancel, withdraw, amend or suspend the Challenge (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Challenge as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Challenge 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, in its sole and absolute discretion, to cancel, amend or suspend the Challenge, or to amend these Terms, 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. 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, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Challenge mechanics stipulated in these Terms, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any participant, Team, Submission, Submission Materials and/or other information with these Terms, 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 Challenge as contemplated in these Terms, or for any other reason.
By entering this Challenge, each participant (and if a Minor, his/her parent/legal guardian) expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Challenge and in accordance with Sponsor’s privacy policy (available at: www.dsa.ca/dsa-privacy-policy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
In the event of any discrepancy or inconsistency between the terms and conditions of these Terms and disclosures or other statements contained in any Challenge-related materials, including, but not limited to, the Website, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of the Sponsor, the terms and conditions of these Terms shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Terms 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 Terms 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 Terms or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Challenge 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 the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to the Challenge.