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OLG 2019 Honda Indy Facebook Promotion Rules

Official Rules and Regulations
OLG 2019 Honda Indy Facebook Promotion
Ontario Lottery and Gaming Corporation and Alimentation Mac’s Convenience Ltd
June 28 to July 5, 2019

 

PROMOTION ELIGIBILITY, no purchase necessary AND CHANCES OF WINNING

 

1. The OLG 2019 Honda Indy Facebook Promotion (the “Promotion”) is governed by these Official Rules and Regulations (the “Rules”), is sponsored by Ontario Lottery and Gaming Corporation (“OLG”), in partnership with Alimentation Mac’s Convenience Ltd (“Circle K”) and is open to residents of Ontario, who (at the time of participation): (i) are eighteen (18) years of age or older; (ii) are not self-excluded; (iii) have or will obtain a valid Facebook account (the “Account”); and (iv) resides within eighty (80) kilometres of the municipal boundaries of Toronto, Ontario, Canada, all as determined by OLG in its sole discretion. Volunteers, employees, officers and directors of OLG (and those with whom such persons are living, whether related or not), the Alcohol and Gaming Commission of Ontario (“AGCO”); or an employee of an OLG operator, service provider or any other designate operating lottery schemes on OLG’s behalf, or any affiliate thereof or any of OLG’s advertising, promotion and contest management agencies are not eligible to participate. The following individuals are also ineligible to participate in this promotion:

2. This Promotion is intended to be conducted separately and with this distinct set of Rules from all other offers and promotions being administered by OLG and/or Circle K.

3. In the event that a participant does not meet the eligibility requirements as set-forth herein, Circle K and OLG have the right, in their sole discretion, to disqualify the participant from participating in the Promotion and further will have no obligation to award any Prize (defined below in Rule 19) in relation to that participant.

4. The odds of winning a Prize (defined below in Rule 19) in this Promotion are dependent on the number of eligible Entries (defined below in Rule 8) submitted and received in accordance with these Rules.

5. This Promotion takes place online on the following Circle K Facebook page (the “Facebook Page”): Circle K (https://www.facebook.com/CircleKOntario/)

6. No purchase is necessary to participate in this Promotion.

 

HOW TO PARTICIPATE (NO PURCHASE NECESSARY)

 

7. The Promotion begins on June 28, 2019 at 9:00 a.m. and ends on July 5, 2019 at 11:59 p.m. (the “Promotion Period”).

8. During the Promotion Period, participants must follow the steps outlined below to earn an entry (each, an “Entry” and collectively, “Entries”) to the Promotion:

(a) Access the Facebook Page (see Rule 5). Standard data rates apply to participants who choose to participate in the Promotion via a mobile device. Participants are to contact their service provider for pricing and service plan information and rates before mobile device participation;

(b) On or on around June 28, 2019, OLG or a designated representative will post one (1) promotional post (the “Facebook Post”) on the Facebook Page. To be eligible to earn an Entry in relation to the Facebook Page, a participant must visit the Facebook Page and locate the Post. Next, the participant must use their Account to (i) “like” the Facebook Post and (ii) post a valid response that meets the requirements in Rule 9 (each, a “Response” and collectively, the “Responses”).

(c) Upon submitting a Response to the Facebook Post the participant will automatically be entered into the electronic draw which will be conducted in accordance with Rule 19.

9. To be eligible for the Promotion the Response must:

(a) be written in English or French;

(d) follow the instructions provided in the Facebook Post;

(e) be posted as a comment on the Facebook post;

(f) Comply with the applicable terms, rules, policies and guidelines of Facebook (the “Facebook Rules”) all as determined by OLG and Circle K in their sole discretion.

Any response that does not comply with these Rules and/or the applicable Facebook Rules (all as determined by OLG and Circle K at their sole discretion) will be deemed ineligible and will not entitle the individual to an entry in this Promotion.

10. If an Account used to enter the Promotion is closed before the end of the Promotion Period, then the Entry associated with that Account is deemed null and void. To remain eligible for a Prize (defined below in Rule 19) a participant must maintain an active Account until the later of (i) the end of the Promotion Period; or (ii) the participant is contacted by OLG and/or Circle K to receive a Prize and the Prize has been awarded.

11. A participant may only use one (1) Account to participate in this Promotion.

12. The maximum number of Entries that a participant can earn, regardless of how many Responses he/she submits, is one (1) Entry during the Promotion Period. If it is discovered by OLG or Circle K (using any evidence or other information made available to or otherwise discovered by OLG or Circle K) that anyone has attempted to: (i) obtain more than one (1) Entry per Promotion Period in relation to the Facebook Page; and/or (ii) uses multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Promotion; then he/she may be disqualified from the Promotion in the sole discretion of OLG.

13. OLG, the AGCO, Circle K, Facebook Inc., and OLG’s advertising, promotion and contest management agencies and the designated vendor, and each of their respective parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any entity involved in the development, production, administration, or fulfillment of the Promotion, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole discretion of OLG: (i) the Entry is not submitted and received in accordance with these Rules; and/or (ii) the Response accompanying the Entry is not in compliance with these Rules and/or the applicable Facebook Rules (all as determined by OLG in its sole discretion).

14. Eligible winners will be contacted via Facebook within five (5) business days of the close time of the Promotion Period.

15. BY SUBMITTING AN ENTRY, EACH PARTICIPANT AGREES THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE RESPONSE) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE RESPONSE); (II) PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, ANY PRIZES (INCLUDING ANY USE OR MISUSE OF ANY PRIZES). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH PARTICIPANT IN THE EVENT IT IS DISCOVERED THAT THE PARTICIPANT HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE FACEBOOK RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE PROMOTION AND/OR AWARDING OF ANY PRIZES.

16. By participating in the Promotion, each participant hereby warrants and represents that any Response he/she submits:

(a) is original to him/her and that the participant has obtained all necessary rights in and to the Response for the purposes of entering such Response in the Promotion;

(g) does not violate any law, statute, ordinance or regulation;

(h) does not contain any reference to or likeness of any identifiable third parties;

(i) 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; and

(j) is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: (i) nudity; alcohol/drug consumption or smoking; (ii) explicit or graphic sexual activity, or sexual innuendo; (iii) crude, vulgar or offensive language and/or symbols; (iv) derogatory characterizations of any ethnic, racial, sexual, religious or other groups; (v) content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; (vi) the personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); (vii) commercial messages, comparisons or solicitations for products or services other than OLG; (viii) any identifiable trade-marks and/or brand names (other than those of OLG); (ix) conduct or other activities in violation of these Rules; and/or (x) any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by OLG or Circle K in its sole discretion.

17. OLG and/or its promotional agency or a content moderator designated by OLG (the “Reviewer”) reserves the right to screen all Responses. Any Response that the Reviewer deems, in its sole discretion, to violate these Rules and/or the Facebook Rules are subject to disqualification. The Reviewer reserves the right, in its sole discretion at any time and for any reason, to request a participant to modify, edit and/or re-submit his or her Response in order to ensure that the Response complies with these Rules and/or the Facebook Rules, or for any other reason. If such an action is necessary at any point during or after the Promotion, then OLG reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Response (and therefore the corresponding Entry/Prize (defined below in Rule 19), if any, and/or the associated participant) – to ensure that the Promotion is being conducted in accordance with the letter and spirit of these Rules.

18. By entering the Promotion and submitting an Entry, each participant: (i) without limiting the Facebook Rules, grants to Circle K and OLG, in perpetuity, a non-exclusive licence to publish, display, reproduce, modify, edit or otherwise use his/her Response, in whole or in part, for advertising or promoting the Promotion or for any other reason; (ii) waives all moral rights in and to his/her Response in favour of OLG (and anyone authorized by OLG to use such Response); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Response, including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

 

PRIZES AND PRIZE DRAWS

 

1. Five (5) Entries will be randomly selected in an electronic draw performed by Circle K that will take place at the end of the Promotion Period. There is a total of five (5) Prizes available to be won. Each prize consists of the following (each a “Prize” and collectively, “Prizes”):

(a) Two (2) general admission tickets with paddock passes to the 2019 Honda Indy. The approxamate value of a ticket is one hundred and twenty dollars ($120.00)

The total retail value of each Prize is approximately is two hundred and forty dollars ($240.00 CAD) and each is subject additional terms and conditions of the 2019 Honda Indy There are no substitutions for these prizes, except in OLG’s sole and absolute discretion.

19. The selected eligible winners will be notified on or around Thursday July 7, 2019 at 11.00 a.m. The eligible winners will be notified via a Facebook post that is posted by or on behalf of OLG on the Facebook Page (the “Eligible Winner Post”). The Eligible Winner Post will include instructions to contact Circle K Representative within two (2) business day to remain eligible to win the applicable Prize.

20. Each Prize will be awarded to the selected eligible winner once he/she has been confirmed as a winner by Circle K and/or OLG in accordance with these Rules.

21. Eligible winners and their guests must be 18+ to accept the prize.

22. Selected eligible winners do not have to be in attendance at the time of the draw to win.

23. If a selected eligible winner does not respond to Circle K’s representative in accordance with the instructions and time limit specified in the applicable Eligible Winner Post, then he/she may be disqualified at OLG and/or Circle K’s discretion. In any such case, Circle K and OLG reserve the right, in their sole discretion and time permitting, to select an alternate participant from among the remaining eligible Entries.

24. In order to be confirmed as the winner of the applicable Prize the eligible winner must: (i) present valid government-issued photo identification (if any) together with an acceptable form (as determined by Circle K and OLG) of valid government-issued non-photo identification; (ii) subject to Rule 26 and Rule 40, correctly answer a mathematical skill-testing question without mechanical or other aid; and (iii) sign and return a Declaration and Release (defined below in Rule 37) within the time specified .

25. If an eligible winner: (i) fails to correctly answer the skill-testing question; (ii) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; (iii) is determined to be in violation of these Rules (all as determined by Circle K and OLG in their discretion); and/or (iv) does not return the Declaration and Release (defined below in Rule 37) within the specified time period, then he/she may be disqualified at OLG and/or Circle K’s discretion (and will forfeit all rights to the applicable Prize) and Circle K and OLG reserve the right, in their sole discretion and time permitting, to select an alternate participant from among the remaining eligible Entries.

26. Without limiting the generality of the foregoing, Circle K and OLG reserve the right, in their sole discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

27. If the confirmed winner does not subsequently redeem his/her Prize in accordance with these Rules, then the applicable Prize will be forfeited in its entirety.

28. Prizes are non-transferable and must be accepted as awarded. Circle K and OLG reserve the right, in their discretion, to substitute any Prize or a component thereof with a prize or prizes of equal or greater retail value including, without limitation, due to the cancellation of the Promotion”

29. It is the winner’s responsibility to arrange transportation to and from the Toronto FC Game at BMO field. It is expressly understood and agreed by all winners that OLG and Circle K do not accept responsibility, in whole or in part, for loss, damage or injury, howsoever caused in connection with Prizes or the conduct of this Promotion.

30. By entering the Promotion, each eligible winner acknowledges that the sole and exclusive role of Honda Indy Toronto and its affiliates in the Promotion is that of a Prize supplier. Honda Indy Toronto and its affiliates are in no way responsible for the administration of the Promotion or the selection of winners and all such responsibility rests with OLG and Circle K, as applicable.

 

GENERAL RULES

 

31. Once received by Circle K and OLG, all Entries and coupons/vouchers/ballots/Responses will be at all times the property of Circle K and OLG and none will be returned. Entries and coupons/vouchers/ballots/Responses which have been obtained or made through fraudulent means or which are illegible, altered, reproduced, damaged, or irregular (all as determined by OLG in its sole discretion), are subject to disqualification. The Released Parties will not be responsible for Entries, coupons/vouchers/ballots/Responses which are lost, destroyed, misdirected, or delayed for any reason whatsoever, any incorrect or inaccurate capture of Entry or other information, technical malfunctions, human or technical error, visual or printing errors, or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone, computer line or network, computer equipment, software or any combination thereof. Where such failures cannot be corrected immediately or within a reasonable time frame (as determined by OLG in its sole discretion) to allow for a continuation of the Promotion, OLG and Circle K may, at their sole option, use a manual back up system and/or disqualify the affected participant. All decisions of OLG and Circle K with respect to this Promotion are final and binding, without right of appeal.

32. No substitutions or equivalent cash payments will be made in lieu of awarding Prizes, save for OLG and Circle K’s right, at its sole discretion, to make substitutions of equivalent or greater value. Except as specifically provided herein, unclaimed Prizes will not be awarded.

33. OLG and Circle K reserve the right to deny a participant or reject a participant once accepted, for any reason which, in its sole judgment and discretion, it deems proper. OLG and Circle K will have no obligation to award any Prize to such participants.

34. OLG and Circle K may, at their discretion, disqualify any participant and seek damages and/or other relief, to the fullest extent permitted by law, from all persons responsible for any attempt to tamper or interfere with or undermine the administration, security or legitimate operation of this Promotion.

35. All participants must present valid government-issued photo identification upon request.

36. OLG and Circle K reserve the right to deny a participant or reject a participant once accepted, for any reason which, in its sole judgment and discretion, it deems proper.

37. Without limiting any other Rule stated herein, in the event that a selected participant does not meet the eligibility requirements stated in these Rules, fails to meet any of the requirements outlined in these Rules, or breaches any of the warranties expressed in Rule 16, then OLG and/or Circle K may disqualify that participant and has no obligation to award any Prize(s) to that participant.

38. A selected participant will be required to sign, before receiving a Prize, a declaration and release (a “Declaration and Release”), confirming (among other things) promotion eligibility, compliance with these Rules and releasing the Released Parties, including any management agency and any independent judging organization, from any liability in connection with the conduct of the Promotion and/or the awarding of the Prizes. A selected participant hereby agrees to the use of his/her name as stated on the Audio/Visual release form, and address of the claimant (valid Government-issued photo ID will be required).

39. This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook. Each participant understands that he/she is providing their information to OLG and not to Facebook. Facebook is completely released of all liability by each participant in this Promotion. Any questions, comments or complaints regarding the Promotion must be directed to OLG and not Facebook.

40. The Released Parties are not responsible for commencing, continuing or completing the Promotion, or awarding Prizes in the event of circumstances beyond OLG’s control, and OLG may, at its sole discretion, change or alter this Promotion (and/or amend these Rules), as OLG deems necessary in its sole discretion (including, substituting the Prize). Without limiting the generality of the foregoing, OLG, in its sole discretion, reserves the right to delay the timing of any draw or otherwise amend the timing of any other element of this Promotion to satisfy any customer service or promotional integrity issues, and this includes the right to similarly extend the time period(s) available to participant to receive and/or submit ballots/Responses/Entries. Upon such change, an amendment to these Rules will be issued and a participant’s continued participation (or failure to indicate a desire to withdraw from) in the Promotion shall signal that participant’s acceptance of the revised Rules.

41. OLG reserves the right to change or alter this Promotion, as it deems appropriate, including, but not limited to, making changes or alterations to these Rules relating to the accommodation of participants in accordance with the Accessibility for Ontarians with Disabilities Act, 2005.

42. In the event of any discrepancy or inconsistency between the Rules as stated herein and disclosures or other statements contained in any Promotion-related materials, the Rules as stated herein shall prevail, govern and control to the fullest extent permitted by law.

43. Headings in these Rules are for convenience purposes only and do not affect the interpretation of the provisions contained herein.

44. 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 as if the invalid or illegal provision were not contained herein.

45. OLG and Circle K reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to OLG – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Promotion; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry or other information entered (or purportedly entered) for the purposes of this Promotion; and/or (iii) for any other reason OLG deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of OLG or the Promotion administrator within the timeline specified by OLG or Circle K may result in disqualification in the discretion of OLG or Circle K.

46. Any personal information provided to or collected by OLG or any 3rd party promotion administrator, including, but not limited to, participants’ contact information, is collected pursuant to the Ontario Lottery and Gaming Corporation Act, 1999 and is intended to be used for the following principal purposes: to conduct and administer the Promotion by OLG or through a 3rd party promotion administrator, including, but not limited to, the awarding of the Prizes and referring to such personal information in messages left for a participant; to announce a winner’s Facebook username on Circle K’s Facebook account once he/she has been confirmed as a winner; and to comply with legal requirements. For further information call OLG at 1-800-387-0098.

47. ANYONE DEEMED BY OLG OR CIRCLE K TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE DISCRETION OF OLG OR CIRCLE K AT ANY TIME

48. These Rules govern this Promotion and must be followed by all participants at all times. By agreeing to participate in the Promotion, all participants agree to comply with, and be legally bound by, these Rules, as amended.

49. All references to times and dates reflect Eastern Time.

50. This Promotion is subject to the Laws of the Province of Ontario and the Federal Laws of Canada, as applicable.

 

Any questions relating to this program please contact the OLG Support Centre at 1-800- 387-0098.

Pour obtenir ce document en français, passez au comptoir Récompenses du Cercle des gagnants.