2020 PBR CANADA FLY AWAY CONTEST BROUGHT TO YOU BY FORD (THE “CONTEST”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. THE WINNER WILL BE REQUIRED TO TRAVEL TO/FROM LAS VEGAS, NEVADA ON OR ABOUT NOVEMBER 6-10, 2019 OR OTHERWISE WILL FORFEIT THE RIGHT TO RECEIVE PRIZE.
SPONSOR: The sponsor of this Contest is PBR Canada ULC (“Sponsor”) with offices located at IMG-Canada, Limited, 175 Bloor St. East, Suite 1001, South Tower, Toronto, Ontario, M4W 3R8. This Contest is governed by these official rules (“Official Rules”), a full copy of which is available on PBR Canada’s website at www.pbrcanada.com. By participating in this Contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of this Contest, as determined by Sponsor and its agents, are final and binding in all respects. This Contest will be conducted and interpreted according to Canadian law.
ELIGIBILITY: This Contest is open ONLY to residents of Canada (excluding the province of Quebec) twenty one (21) years of age or over on or before the closing date of the “Entry Period” (defined below), and must be able to legally travel to and from the United States. Employees, officers, and directors (including immediate family members (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, “Sponsor Entities”) and any and all other companies associated with this Contest are not eligible to participate in this Contest or win the Prize. “Sponsor Entities” means Sponsor and its parents, subsidiaries, affiliated and related entities, production services, web master and web suppliers, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing Sponsor Entities.
ENTRY PERIOD: This Contest will have one (1) “Entry Period”. The Entry Period begins on or about 12:01 AM Eastern Time (“ET”) on January 24, 2020 and ends on September 1, 2020 at 11:59 PM ET. Sponsor reserves the right to extend or shorten the Entry Period at any time without further notice.
HOW TO ENTER: Limit one (1) entry per person during the Entry Period, regardless of the email address, mobile or home phone number, mailing address, age, or other information provided to Sponsor. To enter this Contest, go to pbrcanada.com (the “Website”) during the Entry Period where entrants will be prompted to follow the online instructions to fully complete and submit an online registration form (an “Entry Form”), as summarized below:
- Accurately and completely entering the following information in the Entry Form: entrant’s full legal name (no nickname or alias), mobile (or home phone) number, including area code, mailing address, age, and a valid email address whose account is in entrant’s name
- Confirming that entrant has read and agrees to these Official Rules
- Selecting an opt-in option for further communications from Sponsor
- If interested, selecting an opt-in option for further communications from Ford Motor Company of Canada, Limited (“Ford”).
- Clicking the submit button to submit the Entry Form
Once the Entry Form is successfully submitted, entrant will be eligible to receive an entry in this Contest. Additional entries beyond the specified limit, and any entries that do not otherwise with these Official Rules, will be void. Sponsor’s designated computer shall be the official timekeeper of this Contest. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from this Contest at Sponsor’s sole and absolute discretion. Entries submitted by individuals who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor also may be disqualified and their entry voided.
NUMBER OF WINNERS AND ODDS OF WINNING: This Contest will have only one (1) prize winner. Odds of winning depend on the total number of eligible entries received by Sponsor during the Entry Period.
CONTEST DRAWING/NOTIFICATION: All eligible entries received by Sponsor during the Entry Period will be aggregated into a database at the end of the Entry Period. The potential winner will be selected by Sponsor in a random drawing from such database within 10 business days of the end of the Entry Period. The prize for this Contest may not be awarded if an insufficient number of eligible entries are received during the Entry Period.
The drawn potential winner will be notified by Sponsor on or about September 10, 2020 using the entrant’s mobile, home phone and/or email provided to Sponsor in the entry (the “Prize Notification”). If the potential winner does not respond to Sponsor’s Prize Notification within the time period identified therein (“Required Response Time”), the Prize Notification is identified or deemed undeliverable, declines the prize or Contest win for any reason, or fails to meet the prize acceptance requirements set out below, then that potential winner is immediately disqualified, the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected from among all remaining eligible entries. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
HOW TO CLAIM THE PRIZE: To be declared the official winner, the selected entrant is required to submit a government-issued identification to Sponsor, must first correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered online or by mobile, phone and/or email at Sponsor’s discretion. Winning and prize acceptance is also subject to verification of eligibility and compliance with the terms of these Official Rules, in addition to the execution and return (within 5 business days of receipt) of the required Affidavit of Eligibility and Release and Prize Acceptance Form (collectively, “Affidavit”) provided by Sponsor. If the drawn potential winner meets these requirements, that potential winner will then be declared the official winner of this Contest (“Winner”). Winner’s travelling companion must be twenty one (21) years of age or older and is also required to sign a Guest Declaration, Affidavit, and Release Form before travel commences or the date otherwise identified by Sponsor.
PRIZE: Sponsor will be awarding only one prize (“Prize”) consisting of the following:
- Two (2) tickets to all five (5) nights of the 2020 PBR World Finals Event at T-Mobile Arena in Las Vegas, Nevada, USA (November 4-8, 2020)
- Economy class air transportation for Winner and travel companion from the same major Canadian international airport nearest to the Winner’s residence in Canada at Sponsor’s discretion (up to C$500/person)
- 5 night’s standard hotel accommodations, double occupancy at MGM Park in Las Vegas.
The total approximate retail value (“ARV”) for the Prize is C$4,000. The actual retail value of the Prize may vary, depending on the Winner’s residence, the location of the closest international airport, and any charges or discounts not known as of the date of these Official Rules. If the actual retail value of the Prize is less or any component than the stated ARV, the cash difference will not be awarded to the Winner. Reference to third parties in connection with the Prize and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or this Contest.
PRIZE CONDITIONS: All Prize elements and details shall be determined and implemented in the sole and absolute discretion of Sponsor. No compensation will be paid in lieu of lost or destroyed elements of the Prize. Winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Sponsor consents in advance and in writing. The following items are NOT included in the 2020 PBR Canada Fly Away To the PBR World Finals Contest Prize: costs not specified above including, but not limited to: spending money, customs costs and any entry/exit fees, all local transportation, connecting flights if required, pre and post-night travel or hotel accommodations, travel documents, passports, baggage fees, late fees, visa fees, insurance (including health insurance), mobile, phone, internet, data, international data plans, fax and email charges, room service, mini bar, movies, laundry, alcohol, car rental, taxi, Uber, Lyft, parking, meals, beverages, souvenirs, sightseeing and optional excursions, spa services and items of a personal nature. No frequent flyer miles will be awarded to the Winner or travel companion. No change in travelling arrangements can be made once the booking has been confirmed. The travel companion of the Winner must depart from the same exact location and be on the exact same itinerary as the Winner. If the Prize Winner is unable to redeem any or all the Prize components due to reasons beyond the control of Sponsor, no compensation or substitute prize component will be provided. Sponsor is not responsible for flight delays or cancellations due to inclement weather. If the 2020 PBR World Finals do not take place for any reason whatsoever, the Prize shall be deemed to be fulfilled by the award of the trip to and from the destination airport and stay in Las Vegas, NV. Sponsor and Sponsor Entities or their assigned agencies are not responsible for potential last-minute schedule changes or for any costs, expenses, inconvenience or damages experienced by the Winner or his/her traveling companion. The Winner and traveling companion will be responsible for obtaining any necessary travel documents in advance of departure including but not limited to, a valid passport. No compensation will be made if trip is cancelled due to failure to obtain necessary travel documents. Further, no compensation will be made in the case of the Winner or the invited guest denied entry to the USA or T-Mobile Arena. The Prize must be accepted as awarded without substitution and is not transferable (except at the discretion of Sponsor). The Prize and its components may not be redeemed for cash or credit, in whole or in part. Some restrictions apply. Sponsor reserves the right to substitute the Prize or any Prize component for one of equal or greater value. All travel arrangements relating to the Grand Prize must be made through Sponsor or their designated agents.
The Winner is fully responsible for all applicable federal, provincial, and local taxes (including income and withholding taxes), relating to his/her Prize, regardless of whether they, in whole or in part, are used. All costs and expenses associated with Prize acceptance and use not specified herein as being provided are the sole responsibility of the Winner. Sponsor reserves the right to substitute the Prize (or any component thereof) with a prize of comparable or greater value at its sole and absolute discretion. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation, postponement or other disruption of any Prize element. The Prize, as or whole or any element including the travel companion benefits, may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If the Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Released Parties will have no further obligation with respect to that Prize or portion of the Prize. The Released Parties are not responsible for and the Winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.
WAIVER OF MORAL RIGHTS/RELEASE: By entering this Contest and submitting an entry, each entrant waives any moral rights that may be associated with any Contest entry made by entrant and hereby grants to Sponsor a non-exclusive license to publish, display, reproduce, and modify any such submission. releases in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate Sponsor make any use of any of the rights set forth herein.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in this Contest and submitting an entry, each entrant agrees to: (i) be bound by these Official Rules, including all entry requirements, and (ii) release, discharge, indemnify and hold harmless and waive any and all claims, liability, costs (including attorneys’ fees), losses, damages and fines from and against Sponsor, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, members, managers, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, web masters and web suppliers, and any and all other companies associated with this Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for: any injury, damage or loss that may occur (up to an including bodily injury and death), directly or indirectly, in whole or in part: (i) from the participation in this Contest (including travel to/from any Contest component; (ii) from the acceptance, possession, misuse, receipt or use of the Prize(s) (or any portion thereof) or any travel or activity related to the receipt or use of the Prize(s) (or any portion thereof); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or the Prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with this Contest and/or with respect to Prize elements, including, without limitation, to any Prize element’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with this Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of the Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. By entering this Contest, each entrant gives his/her express permission to be contacted by Sponsor by phone, email and/or postal mail for Contest purposes. The Winner, by acceptance of the Prize, grants to Sponsor and each of its designees the right to publicize the Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, API, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, phone, mobile, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, mobile, data, cable, phone, wireless service, mail, typographical, printing or otherwise relating to or in connection with this Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of this Contest, the processing of entries, the announcement of the Prize or in any Contest-related materials, or the cancellation or postponement of any event. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in this Contest. Released Parties are not responsible for injury or damage to participants' or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of this Contest or website or attempt to undermine the legitimate operation of this Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor and/or its respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties: (i) make no warranty, guaranty or representation of any kind concerning the Prizes (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in their sole discretion, to cancel or suspend this Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of this Contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of this Contest. In the event Sponsor is prevented from continuing with this Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or Prizes.
CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH USER, WHETHER THEY ARE AN ENTRANT OR NOT, AND SPONSOR AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
As a condition of entering this Contest, each entrant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any Prizes awarded (each, a “Claim”), shall be governed by, and construed, and its performance enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Entrants hereby consent to the exclusive jurisdiction of Ontario for the purposes of resolving any dispute hereunder. Any claim under these Official Rules must be referred for arbitration to ADR Chambers of Toronto Ontario, in accordance with their “Expedited Arbitration Rules”. The arbitrator’s decision shall be final and binding on the parties hereto, and no appeal may be brought in respect thereof
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail account, the winning entry will be declared made by the full name submitted the entry at the time of entry provided he/she is eligible according to these Official Rules. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
NAME OF CONTEST WINNER: To obtain the name of the 2020 Contest Winner, send a stamped, self-addressed envelope prior to December 1, 2020 to: 2020 PBR Canada Fly Away to the PBR World Finals Contest Winner, c/o IMG Canada, Ltd, 175 Bloor St. East, Suite 1001, South Tower, Toronto, Ontario, M4W 3R8.
PRIVACY POLICY: By entering this Contest and voluntarily providing certain personal information required on an entry form, each entrant consents to the collection, use and disclosure by Sponsor of the entrant’s information to administer this Contest and for the purposes outlined in Sponsor’s Privacy Policy. If an entrant has provided his or her consent to receive marketing information from Ford, Ford's use and disclosure of such personal information will be governed by Ford’s privacy policy which can be found at: http://www.ford.ca/help/privacy/.
Acceptance of the Prize by the Winner constitutes permission for Sponsor to use the Winner’s name, address, the Prize components won, statements made relating to this Contest, and other likeness of the Winner and guest for any and all promotional or business purposes without further compensation, except where prohibited by law.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
The Prize components may not be exactly as shown or represented in Contest publicity or promotional materials.
While the Contest is brought to your by Ford, Ford is not the Sponsor of the Contest and is not responsible for the management or administration of the Contest, including the selection process for the winner, and the storage of personal information.
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PBR® and PBR Canada® are registered