Official Rules
Cleveland Clinic Canada X Toronto Maple Leafs ‘Train Like an Athlete’ Contest
RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
CONTEST PERIOD:
The Cleveland Clinic Canada X Toronto Maple Leafs ‘Train Like an Athlete’ Contest (the “Contest”) begins at 9:00 a.m. ET on March 20th, 2023 and ends at 11:59 p.m. ET on March 31st, 2023 (the “Contest Period”).
ELIGIBILITY:
The Contest is only open to legal residents of the Province of Ontario who are eighteen (18)[A1] years of age or older and living within 120 kilometres of the City of Toronto (the “Territory”) at the time of entry (each an “Entrant”). Employees and the immediate family members (including those with whom they are domiciled) of Maple Leaf Sports & Entertainment Partnership (“MLSE”), Cleveland Clinic Canada (“Cleveland Clinic”, together with MLSE, the “Contest Sponsors”), the Toronto Maple Leafs, NHL Enterprises LP, the National Hockey League and its member teams (together, the “NHL Parties”), and each of their respective parent companies, subsidiaries, affiliates, directors, officers, governors, agents, their advertising and promotional agencies, and their respective officers, directors, shareholders, employees, and agents (together with Contest Sponsors, the “Released Parties”) are not eligible to enter the Contest. Determinations of eligibility shall be made in the sole discretion of the Contest Sponsors.
HOW TO ENTER: NO PURCHASE NECESSARY.
During the Contest Period, each Entrant must complete the following steps in order to obtain one (1) entry into the Contest draw (each an “Entry” and collectively “Entries”):
During the Contest Period, each Entrant must complete the following steps in order to obtain one (1) entry into the Contest draw (each an “Entry” and collectively “Entries”):
· Open or download the official Toronto Raptors App (the “App”), available for iOS and Android, and click on the Contest tile; or
· Visit the Contest website at https://play.mapleleafs.com/tb_app/484128 ; and
· Complete the Contest entry form including all required fields to receive one (1) Entry into the contest.
There is a limit of one (1) Entry per person during the Contest Period. An Entry will be declared invalid if it is incomplete, damaged, irregular, or mechanically or electronically reproduced. If it is discovered by the Contest Sponsors (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsors) that any person has attempted to use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter the Contest more than once or to otherwise participate in or disrupt this Contest, they may be disqualified from the Contest, and any future contests of the Contest Sponsors, in the sole discretion of the Contest Sponsors. The sole determinant of time for the purposes of this Contest, including receipt of a valid entry, will be the Contest computer servers.
The Contest Sponsors reserve the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsors – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsors deem necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsors in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsors.
Each potential winner of a Prize may also be requested to provide the Contest Sponsors with reasonable proof that they are the authorized account holder of the App account associated with the potentially winning Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the App account is registered, provided that person meets all other eligibility criteria of this Contest.
PRIZES:
There are one grand prizes (each a “Prize”) available to be won during the whole Contest Period. Each Prize consists of the following:
- One fitness assessment + exercise prescription = valued at $339.00 CAD;
- Personal training package (8 sessions) – valued at a total of $813.60 CAD; and
- One custom Toronto Maple Leafs jersey – valued at $259.00 CAD.
A Prize Winner is not entitled to any difference between the actual value of the Prize and the approximate retail value stated herein. Each Prize Winner must follow all directions of the Contest Sponsors with respect to the Prize or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof. The Prize must be accepted as awarded without substitution and is not transferrable, refundable, for resale or convertible to cash. The Contest Sponsors reserve the right, in the event that the Prize, or any component of the Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning the Prize depend on the number of entries received. All costs or arrangements associated with the use of the Prize, including but not limited to, travel, transportation, parking, accommodations, merchandise, food and/or beverages, are the sole responsibility of the Prize Winner and are not included with any Prize. Prize may be subject to additional restrictions or regulations, including governmental or venue restrictions. The Contest Sponsors have no responsibility or liability if (i) any element of the Prize is cancelled, suspended, delayed or rescheduled for any reason or (ii) the Winner cannot participate in any element of the Prize due to any reason whatsoever.
WINNER SELECTION:
At approximately 10:00AM on the next business day following the end of the Contest Period, one (1)[A2] Entrant will be selected (each, a “Selected Entrant”) by random draw to be eligible to win a Prize. The random draw will take place at the head office of MLSE, or such other location in Ontario as the Contest Sponsors may determine. There is a limit of one (1) Prize per Selected Entrant.
Each Selected Entrant for the Prize will be notified of their selection by the contact information provided in the App. If a Selected Entrant cannot be contacted or fails to respond within forty-eight (48) hours of the first attempt of contact by the Contest Sponsors, they will be considered to have forfeited their Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with a Selected Entrant or there are no more eligible Entries, whichever comes first (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsors will not be responsible for failed attempts to contact any Selected Entrant.
CLAIMING YOUR PRIZE
To be declared a winner (“Winner”), each Selected Entrant will be required to answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question posed either by telephone or email at the telephone number or email address on the account of record for that Selected Entrant. The Selected Entrant may be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest. The Selected Entrant must complete and submit the Release Form within the timeframe indicated in the document.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the mathematical skill-testing question or does not sign and return the Release Form to the Contest Sponsors within the time-frame specified, that Selected Entrant will forfeit their Prize and the Contest Sponsors shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of any Prize (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsors are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant. The Contest Sponsors will contact each Winner following receipt of their signed Release Form to arrange for delivery of the respective Prize.
GENERAL RULES
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsors regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
INDEMNIFICATION
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and their representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases, discharges, indemnifies, and holds the Released Parties harmless from any and all claims and/or liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, claims for violations of privacy rights, publicity rights, or other intellectual property rights, which result in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATION OF LIABILITY
None of the Released Parties assumes any liability for any incorrect or inaccurate information (including Entry information), whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or for any technical or human error which may occur in the processing of Entries, the selection of the Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Contest Sponsors. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses, failures, omissions, interruption, deletion, defect, or other technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or Direct Messaging, whether on account of technical problems or traffic congestion on the Internet, the App, or at any website or combination thereof or not, including transactions that are processed late or incorrectly or are incomplete or lost, injury or damage to Entrants or to any other person's computer related to or resulting from participating or downloading materials in the Contest. The Released Parties are not responsible for any Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Online submission is not considered proof of delivery or receipt.
None of the Released Parties assumes any liability for, and Entrants here waive any rights or claims associated with, any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, special consequential, incidental or punitive damages which may be sustained to an Entrant's or any other person's computer equipment resulting from an Entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website, whether foreseeable or not and whether based on negligence or otherwise. Entrant further waives all rights to have damages multiplied or increased. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsors. The Contest Sponsors reserve the right, in their sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsors reserve the right, in their sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsors reserve the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsors reserve the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsors. In their sole determination, the Contest Sponsors may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsors reserve the right, in their sole discretion, to terminate or suspend the Contest or to amend the Contest Rules at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest is corrupted or adversely affected, including without limitation by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, the Contest Sponsors reserve the right to cancel, terminate, modify or suspend the Contest, including without limitation the cancellation of any method of entry or the extension or modification of the Contest start and end dates. In such circumstances, the Contest Sponsors reserve the right to randomly select a winner from previously received eligible Entries by the end of the Contest Period.
PRIVACY AND PUBLICITY RIGHTS
By accepting a Prize, each Winner agrees to allow MLSE, YETI and their respective subsidiaries and affiliates, promotional and advertising agencies and representatives the right to use their name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes in connection with this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Contest Sponsors respect your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsors to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsors. For more information regarding the manner of collection, use and disclosure of personal information by (a) MLSE, please refer to the privacy policy available at http://www.mlse.com/privacy, or (b) Cleveland Clinic Canada, please refer to the privacy policy available at https://my.clevelandclinic.org/about/website/privacy-security.
GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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 Contest Sponsors and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
The invalidity or unenforceability of any provision of these Official 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 Official 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.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
