THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
1. CONTEST PERIOD:
Rogers Cup Giveaway (the “Contest”) begins on June 24, 2019 at 12:00:00 a.m. Eastern Time (“ET”) and ends on July 21, 2019 at 11:59:59 p.m. ET (the “Contest Period”).
2. ELIGIBILITY:
Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of ESET Canada Inc. (the “Sponsor”), its parent companies, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).
3. HOW TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. You can obtain the Official Contest Entry Form (the “Entry Form”) during the Contest Period by going to www.eset.com/ca/RogersCupVIP (the “Website”). Next, fully complete the Entry Form with all required information. Once you have fully completed the Entry Form with all required information, follow the on-screen instructions to submit your completed Entry Form to be eligible to earn one (1) Entry (each, an “Entry” and collectively the “Entries”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period. All eligible Entries submitted and received in accordance with these Rules will be entered into the random prize draw.
4. AGREEMENT TO BE LEGALLY BOUND BY THESE RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
5. ENTRY LIMIT:
There is a limit of one (1) Entry per person during the Contest Period. 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) obtain more than one (1) Entry; and/or (ii) use multiple names, multiple identities, multiple email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period. The Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for (and have no liability in relation to) late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
6. VERIFICATION:
All Entries 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 individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. 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 this Contest will be the official time-keeping device(s) used by the Sponsor.
7. THE PRIZES:
There will be a total of nine (9) Prizes (each, a “Prize” and collectively the “Prizes”) available to be won, as follows:
Grand Prize: There will be one (1) Grand Prize (the “Grand Prize”) available to be won consisting of the opportunity for the confirmed Grand Prize winner and one (1) guest (the “Guest”) to travel to Toronto, ON for the purpose of attending Rogers Cup Presented by National Bank (the “Event” – which, is scheduled to take place between August 3, 2019 and August 11, 2019. Grand Prize includes: (i) round trip transportation (economy class) for the confirmed Grand Prize winner and his/her Guest to Toronto, ON from a Canadian location near the confirmed Grand Prize winner's residence (as determined by Sponsor in its sole and absolute discretion); (ii) accommodation for two (2) (double occupancy) for two (2) nights in a hotel or hotels determined by Sponsor in its sole and absolute discretion; and (iii) two (2) tickets (Platinum seating) for the confirmed Grand Prize winner and his/her Guest to attend the Semi-Finals Night Session at the Event – which, is scheduled to take place on August 10, 2019
All travel must take place between August 9, 2019 and August 11, 2019 (or on such other dates as specified by the Sponsor in its sole and absolute discretion). Grand Prize has a total approximate retail value of $2,400 CAD based on a Vancouver departure example – although the actual retail value may vary depending on the point of departure. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of transportation, hotel accommodations (including, without limitation, room size and occupancy) and all other aspects of the Grand Prize are at the sole and absolute discretion of the Sponsor.
IMPORTANT NOTE: In the event that the confirmed Grand Prize winner and/or his/her Guest resides within a two hundred and fifty (250) km radius of Toronto, ON (as determined by Sponsor in its sole and absolute discretion), the Sponsor will determine, in its sole and absolute discretion, whether or not the Grand Prize will include airline travel, another form of transportation to and from Toronto, or reimbursement for certain incurred fuel costs. All decisions of the Sponsor in this regard will be final and binding without right of appeal.
Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) all travel related to the Grand Prize must occur within and/or on or before the date or dates specified by the Sponsor (otherwise 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); (iv) the confirmed Grand Prize winner and his/her Guest must travel on the same itinerary as set by the Sponsor; (v) the costs of everything not specifically and expressly stated above as included in the Grand Prize are the sole and absolute responsibility of the Grand Prize confirmed winner and his/her Guest, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed Grand Prize winner and his/her Guest to and from the Canadian airport selected by the Sponsor; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed Grand Prize winner and/or his/her Guest 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); (vi) if the confirmed Grand Prize winner and/or his/her Guest 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; (vii) 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 Grand Prize or a component thereof for any reason 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; (viii) all travel arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; and (ix) by accepting the Grand Prize, the confirmed Grand Prize winner agrees to waive all recourse against the Released Parties if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.
Guest Requirements: The confirmed Grand Prize winner’s Guest must: (a) either be of the legal age of majority in his/her jurisdiction of residence or have the express written consent (in form and substance satisfactory to the Sponsor, in its sole and absolute discretion) to accompany the confirmed Grand Prize winner on the Grand Prize trip; and (b) sign (and have his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence) and return the Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Sponsor and all of the other Released Parties relating to his/her participation in the Grand Prize (including, without limitation, any travel related thereto).
It is strongly recommended and encouraged that the confirmed Grand Prize winner and his/her Guest obtain sufficient personal travel and medical insurance prior to departure. Flights are subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations.
The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Grand Prize – including, but not limited to flight(s) or the Event. Neither the confirmed Grand Prize winner nor his/her Guest nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to flights and or passenger names are not accepted once bookings have been confirmed.
Secondary Prizes: There will be a total of three (3) Secondary Prizes (each, a “Secondary Prize” and collectively the “Secondary Prizes”) available to be won, each consisting of one (1) Sony Android Smart television. The approximate retail value of each Secondary Prize is $899.99 CAD.
Third Prizes: There will be a total of five (5) Third Prizes (each, a “Third Prize” and collectively the “Third Prizes”) available to be won, each consisting of one (1) pair of tickets to a tennis match at Rogers Cup Presented by National Bank in Toronto, ON that is scheduled to take place at Aviva Centre, York University, 4700 Keele St., Toronto, ON) on August 3 - 11, 2019 (“Rogers Cup”). Wednesday Aug 7 Night Session Gold Level seating. The approximate retail value of each Third Prize is $320CAD.
The Released Parties accept no liability whatsoever if Rogers Cup, or any portion of Rogers Cup, is cancelled, delayed, rescheduled, postponed, sold out or otherwise impacted in any way.
IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH ATTENDING AN ROGERS CUP WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE CONFIRMED THIRD PRIZE WINNER AND HIS/HER GUEST. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WITH RESPECT TO ANY COSTS ASSOCIATED WITH ATTENDING ROGERS CUP. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT WHATSOEVER, EACH THIRD PRIZE INCLUDES ONLY THOSE SPECIFIC ELEMENTS EXPRESSLY OUTLINED ABOVE IN THESE RULES AND NOTHING ELSE.
Any guest accompanying a confirmed Third Prize winner must either be of the age of majority in his/her province/territory of residence or have the express written consent (in form and substance satisfactory to the Sponsor, in its sole and absolute discretion) to accompany the confirmed winner. In addition, any guest accompanying a confirmed Third Prize winner may, in the sole and absolute discretion of the Sponsor, be required to sign (and have his/her parent/legal guardian sign if he/she is a minor) and return the Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Released Parties relating to his/her participation in the applicable Thirds Prize.
Each 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). No substitutions are permitted, except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Any tickets forming part of a Prize are subject to the terms and conditions of the issuer.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner of a Prize understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
There is a limit of one (1) Prize per person.
8. ELIGIBLE WINNER SELECTION PROCESS AND ODDS OF WINNING:
On July 22, 2019 (the “Draw Date”) in Toronto, ON at approximately 3:00 p.m. ET, nine (9) eligible entrants will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules. The first eligible entrant randomly selected will be eligible to win the Grand Prize (subject to compliance with these Rules). The second through forth eligible entrants randomly selected will each be eligible to win a Secondary Prize (subject to compliance with these Rules). The fifth through ninth eligible entrants randomly selected will each be eligible to win a Third Prize (subject to compliance with these Rules).
9. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact each eligible winner (using the information provided on the Entry Form) within two (2) business days of the Draw Date. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she 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, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
10. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES. Before being declared AS A CONFIRMED PRIZE winner, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within one (1) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof (including, but not limited to, any travel related thereto if applicable); and (iv) agrees to the publication, reproduction and/or other use of his/her name, city/province of residence, voice, statements about the Contest 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 whatsoever, including print, broadcast or the internet. If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she 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, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
11. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES 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, platform or device during the Contest; (ii) any 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 Entry 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; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, 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 this Contest 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, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, 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. Without limiting the generality of the forgoing, 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.
FOR QUEBEC RESIDENTS ONLY: 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.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.eset.com/ca/privacy/) . 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.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these 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 and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Rules 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 Rules 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.