COLD-FX ULTIMATE SKI TRIP CONTEST

OFFICIAL CONTEST RULES

  1. The COLD-FX ULTIMATE SKI TRIP Contest (the “Contest”) is being held by COLD-FX (the “Contest Sponsor”) between 12:00pm(EDT) on October 8, 2019 and 11:59pm(EDT) on March 1, 2020 (the “Contest Period”).
  2. By participating in the Contest, each participant agrees to be bound by these Official Contest Rules (the “Official Rules”).

ELIGIBILITY

  1. This Contest is open to residents of Canada, who have reached the age of majority in their province or territory of residence. Employees, contractors, agents and representatives of the Contest Sponsor, its parent or related companies, publicity or promotional agencies, suppliers of materials and services related to the Contest, as well as their immediate family members (brothers, sisters, children, father, mother), their legal or common-law spouse and all persons with whom these employees, contractors, agents or representatives reside, whether related or not, are excluded from participating in the Contest.

HOW TO ENTER

  1. Participation: No product purchase is required to enter the Contest. To enter, a participant must use one or more of the following participation methods during the Contest Period:

(i) iPad, tablet or other interactive screen supplied by COLD-FX. To enter, a participant must complete the entry submission form for the Defence Zone newsletter and confirm that he/she has read and agrees to be bound by these Official Contest Rules.

(ii) Twitter.  To enter, COLD-FX will post a link at https://twitter.com/coldfx?lang=en which will direct the participant to the Contest website where the participant must complete the entry submission form for the Defence Zone newsletter and confirm that he/she has read and agrees to be bound by these Official Contest Rules.

(iii) Facebook. To enter, COLD-FX will post a link at https://www.facebook.com/COLD.FX/ which will direct the participant to the COLD-FX website where the participant must complete the entry submission form for the Defence Zone newsletter and confirm that he/she has read and agrees to be bound by these Official Contest Rules.

(iv) Instagram. To enter, COLD-FX will post a link at https://www.instagram.com/coldfx/?hl=en which will direct the participant to the COLD-FX website where the participant must complete the entry submission form for the Defence Zone newsletter and confirm that he/she has read and agrees to be bound by these Official Contest Rules.

For each entry validly made through the participation methods described above during the Contest Period, in accordance with these Official Rules, the participant will be granted one (1) chance to participate in the draw for the Prize, as further described below.  Each participant may submit a maximum of one (1) entry during the contest period, regardless of the method of entry, during the Contest Period.  All entries must comply with the requirements of these Official Rules, including, without limitation, the requirements set out in paragraphs 15 and 16 below.

PRIZE

  1. There is one (1) Prize available to be won through the Contest. The draw for the winning entry (the “Draw”) will be held on March 2, 2020, at 2:00pm (EDT), at the Contest Sponsor’s office in Toronto, Ontario, Canada. The potential winner will be randomly selected among all eligible entries received during the Contest Period.
  2. The prize (“Prize”) consists of an ultimate ski trip for two to Panorama, B.C., to take place between March 27 and March 29, 2020 inclusively and subject to athlete availability between March 27 – 29, 2020.  The Prize (total prize value is approximately $6,000 CDN) includes:
  • economy-class return flights from the airport closest to the winner’s residence in Canada to Calgary International Airport (YYC) and ground transportation between YYC and Panorama, B.C. for both the winner and his/her guest;
  • two-nights accommodation (double occupancy) at a hotel in Panorama Mountain Resort selected by the Contest Sponsor;
  • two-day lift tickets at Panorama for both the winner and his/her guest
  • invitation to attend Alpine Canada national championship events hosted at Panorama during the accommodation period;
  • opportunity to ski with Olympian Marie-Michèle Gagnon for 2 hour time period [1]

[1] Marie-Michèle  Gagnon will make every effort to participate. However, participation by Marie-Michèle is subject to skier being healthy and uninjured. If Marie-Michèle is unable to ski, another member of the Canadian national team will ski with the winner for a tow hour time period.

  1. The winner and his/her guest must travel together on the same itinerary. The Prize includes only those components specifically identified above and, for more certainty, excludes, among other things, meals, beverages, gratuities, insurance, ski equipment and clothing, ground transportation between residence of the winner and his/her guest and the airport closest to the winner’s residence, ground transportation while in Panorama, taxes, airport parking, checked baggage fees, excess baggage fees, taxes, personal expenses, activities and any fees for any required travel documents, if applicable. The winner and his/her guest are responsible for ensuring the validity and sufficiency of all necessary travel documents.  The Contest Sponsor is not responsible if the winner and his/her guest is denied the ability to fly out of, or otherwise travel from or into, any particular airport or location for any reason, whether due to airport or other travel restrictions, lack of required travel documents or otherwise. The Contest Sponsor will not replace any lost or stolen tickets or travel vouchers. Changes to the trip once booked will incur regular change fees paid for by the winner and his/her guest.
  2. The chances of winning the Prize depends on the number of eligible entries received during the Contest Period.

CLAIMING OF PRIZES

  1. The participant whose entry has been selected (the “Selected Participant”) will be notified by the Contest Sponsor via email to the email address provided by the participant on entering the Contest within five (5) Business Days following the Draw.  Upon notification, the Selected Participant must respond through the communication method described in the notification, and the Selected Participant’s response must be received by the Contest Sponsor within five (5) Business Days of such notification.  If the Selected Participant does not respond in accordance with these Official Rules and the notification, he/she will be disqualified and will not receive the Prize and another eligible entry will be selected in the Contest Sponsors’ sole discretion until such time as a participant satisfies the terms set out herein.  The Contest Sponsor is not responsible for the failure for any reason whatsoever of a Selected Participant to receive notification of being selected as the winner or for the Contest Sponsor to receive a Selected Participant’s response.  In these Official Rules, a “Business Day” is every day other than a Saturday, Sunday or statutory public holiday in the Province of Ontario.
  2. In order to be declared the winner of the Prize (the “Winner”), the Selected Participant must comply with the following conditions:

(i) The Contest Sponsor will send the Selected Participant a declaration and release form (the “Declaration and Release”) whereby the Selected Participant acknowledges and confirms, amongst other things, that (i) he or she is eligible for the Contest; (ii) the Official Rules have been, and will be, complied with; (iii) he or she accepts the Prize as offered, (iv) he or she grants to the Contest Sponsor the unrestricted right, in the Contest Sponsor’s discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use his or her name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof; and (v) he or she agrees to release, discharge, indemnify and hold harmless the Releasees (as defined in paragraph 18 below) from and against any and all liability for any harm, accident, claims, causes of action, damage, loss or prejudice related to participation in the Contest or a related activity, acceptance of the Prize or the use or misuse of the Prize or a component thereof.  The original completed and executed Declaration and Release must be returned to the Contest Sponsor at 520 Applewood Cres., Vaughan ON L4K 4B4 for Attention: Aaron Daniel, Senior Brand Manager, Consumer Health Products, so that it is received by the Contest Sponsor within five (5) Business Days following the sending of the Declaration and Release to the Selected Participant.

(ii) The Selected Participant must also correctly answer a mathematical skill-testing question at a mutually agreeable time and location.

If the provisions of subparagraph (i) above are not complied with by the Selected Participant, or should the Selected Participant not correctly answer the skill-testing question pursuant to subparagraph (ii) above, then the Selected Participant will be disqualified and the Prize forfeited. In such event another eligible participant will be selected by the Contest Sponsor in the Contest Sponsor’s sole discretion as the Selected Participant and the provisions of paragraph 9 above will apply to that Selected Participant. This process will be repeated, if necessary, until a Winner of the Prize is declared.

  1. The Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Contest Sponsor. The Contest Sponsor reserves the right, in its sole discretion, to substitute the prize of equal or greater value if the Prize cannot be awarded for any reason.

GENERAL CONDITIONS

  1. Entries are subject to verification by the Contest Sponsor. At the Contest Sponsor’s discretion, verification may include the obligation to provide a piece of photo identification showing a valid address. Any entry that is incomplete, fraudulent, or not in accordance with the provisions of the Official Rules or received after the Contest ends will be automatically rejected and will not give any right to the Prize. The decision of the Contest Sponsor to this effect is final and without appeal.
  2. All intellectual property rights in the promotional material and the Contest Materials are the exclusive property of the Contest Sponsor. All rights are reserved.
  3. The Contest Sponsor’s computer system (the “Contest Computer”) serves to regulate all technological and time-related aspects of the Contest and, among other things, is the official time-keeping device for the Contest. All decisions linked to time-related aspects as recorded or otherwise regulated by the Contest Computer are final and binding in all respects.
  4. The Contest Sponsor reserves the right, at its sole discretion, to exclude from the Contest and any other Contest or future promotion organized by the Contest Sponsor, any person guilty or suspected of being guilty of having tampered with the treatment of the entries, the Contest process, of having violated the Official Rules or having acted in a disloyal manner or in a manner which adversely affects or is intended to disturb, abuse, threaten or harass another person. A participant or any other person who attempts to deliberately hinder the legitimacy of the contest process commits criminal and civil offences and the Contest Sponsor reserves the right, in such case, to claim damages to the extent permitted by law.

PERSONAL INFORMATION

  1. By participating in this Contest, participants consent to the collection, use and disclosure of their personal information, by the Contest Sponsor, and its authorized service providers and agents, for the purposes of administering the Contest and in accordance with the Contest Sponsor’s privacy policy available at https://cold-fx.ca/privacy-policy/. By accepting the Prize, the Winner consents to the collection, use and public disclosure of their name, address (city, province), voice, statements, photographs or other representations for publicity purposes in connection with the Contest in any media or other format, including but not limited to the Internet, without further notice, permission or compensation.

WAIVER

  1. The Contest Sponsor accepts no responsibility for, and each participant, by entering or attempting to enter the Contest, hereby agrees to release, discharge, indemnify and hold harmless the Contest Sponsor, its related companies, and their respective directors, officers, shareholders, employees, contractors, agents, representatives, successors, and assigns (collectively, the “Releasees”) from and against any loss, damage, demands, liabilities, or claims caused by or resulting from participation in the Contest or a related activity, the acceptance of the Prize, or the use or misuse of the Prize.  Without limiting the generality of the foregoing, the Releasees shall not be liable for (i) the malfunctioning of any computer component, software or communication line relating to the loss or absence of any communication network, or relating to any transmission rendered inadequate, delayed, mistakenly sent, incomplete, or erased by any computer or network, and which could limit or prevent an individual’s ability to enter the Contest; and (ii) any damage or loss that may be caused, directly or indirectly, in whole or in part, by the failed transmission of the entry form or any information required for entry in the Contest; and (iii) any damage or loss that may be caused by late or lost entries.
  2. Subject to first obtaining any necessary governmental authorizations, the Contest Sponsor reserves the right, in its sole discretion, to suspend or terminate the Contest, in whole or in part, or to amend, modify or make additions to the Official Rules, at any time and in any way, without prior notice.  Without limiting the generality of the foregoing, and subject to any governmental approval which may be required, the Contest Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or prolong it in any way, if it considers, in its sole discretion, that the holding of the Contest is in danger or corrupted in any way or that technical fraud, problems, weaknesses or malfunctions (including, without limitation, computer viruses, glitches, printing or production errors) have prevented or seriously endangered the proper functioning, integrity, and/or feasibility of the Contest, in whole or part. In the event the Contest Sponsor is prevented from continuing with the Contest as planned, or the Contest Sponsor wishes to, due to an event beyond its control, such as a fire, flood, natural or man-made epidemic or health hazard or crisis, earthquake, explosion, labour dispute or strike, fortuitous event, criminal act, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), federal, provincial or local law, order or regulation, public health crisis, order of a court or other authority, or any other factor that may reasonably be considered to be independent of the Contest Sponsor’s wishes, then, subject to any governmental approval which may be required, the Contest Sponsor may modify, suspend, prolong or terminate the Contest.

APPLICABLE LAW

  1. The Contest is governed by federal, provincial and municipal law and regulations, and is void where prohibited.
  2. 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 Régie only for the purpose of helping the parties reach a settlement.