1 CANADIAN BREAST CANCER FOUNDATION 3-Day Fundraising Challenge Batting Against Breast Cancer Calgary OFFICIAL COMPETITION RULES ( Competition Rules ) The Canadian Breast Cancer Foundation Day Fundraising Challenge Batting Against Breast Cancer Calgary (the Competition ) is intended to be conducted in Canada by The Canadian Breast Cancer Foundation (the Competition Sponsor ) and K2 (the Prize Supplier ), and shall be construed and evaluated according to applicable Canadian law. The Competition is open to legal residents of Canada over the legal age of majority in their province/territory of residence. The Competition is void in whole or in part outside of Canada and where prohibited or restricted by law. Participation in this Competition constitutes each entrant s acceptance of, and agreement to be legally bound by, these Competition Rules. 1. ELIGIBILITY. a. To be eligible for the Competition, an individual must be a legal resident of Canada who is over the legal age of majority in his/her province/territory of residence. Employees, representatives and agents of COMPETITION SPONSOR, its affiliates, subsidiaries, related companies, advertising and promotional agencies, PRIZE SUPPLIER and the household members (whether related or not) and/or the immediate family of any of the above, are not eligible to participate in the Competition. For the purpose of these Competition Rules, immediate family" means husband, wife, spouse, common law spouse, mother, father, grandmother, grandfather, brother, sister, son and/or daughter, whether or not they reside in the same household. b. COMPETITION SPONSOR shall have the right at any time to require proof of identity and/or eligibility to participate in the Competition. Failure to provide such proof to the complete satisfaction of COMPETITION SPONSOR within the timeframe specified by COMPETITION SPONSOR in its sole discretion may result in disqualification. All personal and other information requested by and supplied to COMPETITION SPONSOR for the purposes of the Competition must be truthful, complete, accurate and in no way misleading. COMPETITION SPONSOR reserves the right to disqualify any entry and/or entrant, in its sole discretion, should any entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. 2. COMPETION PERIOD. The Competition opens on Tuesday, August 2 nd at 12:01AM MST and closes on Thursday, August 4 th at 11:59 PM MST (the Competition Period ). 3. HOW TO ENTER. a. To earn one (1) Entry (an Entry ), go to /battingagainstbc (the Website ) and follow the on-screen instructions to register for Batting Against Breast Cancer Calgary. Once you have fully completed the registration form with all required information, follow the on-screen instructions to complete your registration (the Registration ). To be eligible to earn one (1) Entry, your Registration must be received online and you must have received a minimum of three online pledges during the Competition Period.
2 b. For online participants, an entrant may be required to provide COMPETITION SPONSOR with proof that he/she is the authorized account holder of the address associated with the Entry in Question. c. Only one (1) address may be used for purposes of this Competition entry. Unless otherwise directed by COMPETITION SPONSOR, in its sole discretion, no communication or correspondence will be exchanged with entrants except the entrant selected as the potential Winner (as defined below). d. In the event of a dispute as to the identity of the person submitting an online Entry, COMPETITION SPONSOR reserves the right, in its sole and absolute discretion, to deem the entrant to be the authorized account holder of the address associated with the entry. For the purpose of these Competition Rules, authorized account holder of an address is defined as the natural person who is assigned to an address by an Internet access provider, on-line service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each entrant may be required to provide COMPETITION SPONSOR with proof that the entrant is the authorized account holder of the address associated with the applicable entry. To be eligible for Competition Purposes, donations must be actually received by COMPETITION SPONSOR by no later than the Eligibility Deadline. All donations are subject to verification by CBCF in its sole and absolute discretion. COMPETITION SPONSOR reserves the right, in its sole and absolute discretion, to require proof of the validity or timeliness of any donation (in a form acceptable to COMPETITION SPONSOR including, without limitation, government issued photo identification). Failure to provide such proof to the satisfaction of COMPETITION SPONSOR in a timely manner may result in disqualification of the donation, including without limitation for purposes of any entrant s Fundraising Amount. All decisions of COMPETITION SPONSOR with respect to the validity or timeliness of any such donation will be final and binding without right of appeal. NOTE: While you may make a donation yourself, which, if eligible in accordance with these Competition Rules, will count towards eligibility for the CANADIAN BREAST CANCER FOUNDATION Fundraising Challenge Batting Against Breast Cancer Calgary if you receive a benefit for your donation, under Canada Revenue Agency guidelines, you may not be eligible for a tax receipt. For more information on tax receipts for donations, go to and follow the links for tax receipt information in respect of the Competition. 4. COMPETITION There is a limit of one (1) entry per person/ address in the Competition. (For greater certainty, you may use only one address for purposes of Competition entry, regardless of the method of entry). All entries become the sole property of COMPETITION SPONSOR and none will be returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically
3 reproduced. No communication or correspondence will be exchanged with entrants except the entrant selected as the potential Top Individual Fundraiser winner. In the event of a dispute as to the identity of the person submitting an entry, COMPETITION SPONSOR reserves the right, in its sole and absolute discretion, to deem the entrant to be the authorized account holder of the address associated with the entry. For the purpose of these Competition Rules, authorized account holder of an address is defined as the natural person who is assigned to an address by an Internet access provider, on-line service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each entrant may be required to provide COMPETITION SPONSOR with proof that the entrant is the authorized account holder of the e- mail address associated with the applicable entry. 5. PRIZES. There will be one (1) prize available to be won consisting of pair of K2 SuperBurnin Women s Skis (Model # ERS167). This Prize must be taken as offered and is not redeemable for cash. The Prize is non-transferable and without limiting the foregoing, the Prize may not be sold or traded, the Prize must be taken as offered and cannot be substituted, redeemed or exchanged for cash, credit or alternative prizes, except in the Prize Suppliers sole discretion. Prize Supplier reserves the right to substitute the Prize with a Prize of equal or greater value. No credit or reimbursement will be provided if the Prize is not taken. The Prize cannot be combined with any other promotional offer or offers provided by the Prize Supplier. This Prize has an estimated retail value of $1,130 CAD. Under no circumstance whatsoever will any difference between the actual and approximate retail values be awarded. The Prize is subject to all of the terms and conditions as stated by the Prize Supplier and will be delivered to the confirmed Winner directly from COMPETITION SPONSOR to the address provided after the potential Winner has been successfully contacted and notified of his/her Prize and has fully complied with the Competition Rules. Shipped Prizes shall not be insured and neither COMPETITION SPONSOR nor any of the Released Parties (mentioned below) shall assume any liability for lost, damaged or misdirected Prizes. All bookings/confirmations must be made through COMPETITION SPONSOR s designated representatives or as COMPETITION SPONSOR may otherwise direct. a. Winners are not entitled to monetary difference, if any, between actual Prize value and stated approximate prize value. All applicable fees are the sole responsibility of the Winners. b. The prize will be delivered to the Winners by courier service using the mailing address provided on the registration form after the Winner has been successfully contacted and
4 notified of his/her prize and has fulfilled all of the requirements set out herein necessary to be declared the confirmed winner of the prize. c. There is a limit of one (1) prize per person/ address. Prize must be accepted as awarded and cannot be transferred, substituted or redeemed for cash. COMPETITION SPONSOR reserves the right, in its sole discretion and for any reason, to substitute any and all of the prize for another prize of equal or greater value. d. Shipped Prizes shall not be insured and COMPETITION SPONSOR shall not assume any liability for lost, damaged or misdirected Prizes. Without limiting the foregoing, the following restrictions apply in the case of the prize: a. The prize is subject to all of the terms and conditions as stated by the issuer and will be delivered to the confirmed Winner directly from COMPETITION SPONSOR to the address provided after the potential Winner has been successfully contacted and notified of his/her prize and has fully complied with these Competition Rules. Shipped prizes shall not be insured and neither COMPETITION SPONSOR nor any of the Released Parties shall assume any liability whatsoever for lost, damaged or misdirected prizes. b. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the prizes awarded in connection with the Competition. To the fullest extent permitted by applicable law, the confirmed Winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the COMPETITION SPONSOR nor any of the Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory. c. Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash. There are no substitutions except at COMPETITION SPONSOR S option. COMPETITION SPONSOR reserves the right, in its sole and absolute discretion, to substitute the prize or any component(s) thereof with an item or items of equal or greater retail value, including, without limitation, but at COMPETITION SPONOR S sole and absolute discretion, a cash award. By accepting the prize, the confirmed Winner agrees to waive all recourse against the Released Parties if the prize or a component thereof does not prove satisfactory, either in whole or in part. The Winners are solely responsible for all costs not expressly described herein. 6. ODDS. The odds of winning the prizes depend upon the number of eligible entries received during the Competition Period. All of the prizes are available to be won anywhere in Canada. 7. ELIGIBLE WINNER SELECTION. One (1) eligible Winners shall be selected as follows:
5 a. Entries submitted and received in accordance with these Competition Rules. On or around August 5th, 2016 in Calgary (the Draw Date ), a data pull for all eligible Entries will be completed and one (1) potential Winner will be selected based on the total number of individuals who raised a minimum of 3 online pledges during the Competition Period. b. Following the Draw Date, COMPETITION SPONSOR or its representatives will make no less than three (3) attempts to contact the eligible Winner by phone and/or , during the fifteen (15) day period (the Contact Period ) immediately following the Draw Date and provide the eligible Winner with a skill-testing question. Upon notification, the eligible Winner must respond by telephone and/or to the contact provided in the notification and answer the skill-testing question correctly, and the eligible Winner s response and answer must be received by COMPETITION SPONSOR by no later than 5:00 PM EDT on the required return date stipulated in such notification. If the eligible Winner does not respond in accordance with these Competition Rules or does not answer the skill-testing question correctly, he/she may be disqualified, at the sole and absolute discretion of COMPETITION SPONSOR, in which event he/she will not receive the Prize and another eligible entrant may be selected from the remaining eligible Entries, in COMPETITION SPONSOR s sole discretion, whom COMPETITION SPONSOR or its representatives will attempt to contact, and who must respond or will be subject to disqualification, in the same manner (adjusting timeframes, including the Contact Period, accordingly). Neither COMPETITION SPONSOR nor any of the Released Parties are responsible for the failure for any reason whatsoever of an eligible Winner to receive notification or for COMPETITION SPONSOR to receive an eligible Winner s response. 8. RELEASE. a. The eligible Winner will be required to execute a legal agreement and release ( Release ) that confirms Winner s: eligibility for the Competition and compliance with these Competition Rules; acceptance of the prize as offered; release of COMPETITION SPONSOR and its respective parent companies, subsidiaries, affiliates, employees, directors, officers, unit-holders, PRIZE SUPPLIER, agents, sponsors and administrators (the Released Parties ) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Competition, participation in any Competition-related activity or the acceptance, use, or misuse of the prize or any portion thereof, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and grant to COMPETITION SPONSOR of the unrestricted right, in COMPETITION SPONSOR s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner s name, photograph, likeness, voice and biography, in any
6 and all media now known or hereafter devised, in connection with the Competition and the promotion and exploitation thereof. b. The executed Release must be returned within two (2) business days of the verification as an eligible Winner or the selected potential Winner may, in the sole discretion of COMPETITION SPONSOR, be disqualified and the prize forfeited. 9. INDEMNIFICATION BY ENTRANT. By entering the Competition, each entrant releases and holds each of the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant, Released Party or any other person or entity, including, without limitation, personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Competition, any breach of these Competition Rules, or in any prize-related activity. Each entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Competition, without limitation. 10. LIMITATION OF LIABILITY. a. The Released Parties assume no responsibility or liability for lost, late, misdirected or incomplete entries, notifications, responses, replies, requests or any Release, or for any telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the administration of the Competition. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines on account of technical problems or otherwise. b. The Released Parties are not responsible for any injury or damage caused to any entrant, person or entity relating to or resulting from participating or attempting to participate in the Competition. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Competition, or by the acceptance, possession, use of, or failure to receive the prize or any portion thereof. The Released Parties assume no responsibility or liability in the event that the Competition cannot be conducted as planned for any reason, including those reasons beyond the control of COMPETITION SPONSOR, such as infection by tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Competition. 11. CONDUCT. By entering the Competition, each entrant agrees to be bound by these Competition Rules, which will be posted at /battingagainstbc and available at the Canadian Breast Cancer
8 material or intellectual property without the express written consent of its owner is strictly prohibited. CANADIAN BREAST CANCER FOUNDATION and RUN FOR THE CURE are trademarks of the Canadian Breast Cancer Foundation. 14. TERMINATION AND AMENDMENTS. COMPETITION SPONSOR reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the Régie ), to cancel, amend, modify or terminate all or any portion of the Competition at any time for any reason without prior notice. COMPETITION SPONSOR reserves the right, subject only to the approval of the Régie, to adjust any of the dates, timeframes and/or other Competition mechanics stipulated in these Competition Rules, to the extent deemed necessary by COMPETITION SPONSOR, for purposes of verifying compliance by any entrant or entry with these Competition Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of COMPETITION SPONSOR, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Competition Rules, or for any other reason. 15. LAW. These are the official Competition Rules. The Competition is subject to applicable federal, provincial and municipal laws and regulations. These Competition Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over COMPETITION SPONSOR. For residents of Quebec: Any litigation respecting the conduct or organization of a publicity competition 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. 16. LANGUAGE. In the event of any discrepancy or inconsistency between the terms and conditions of these English Competition Rules and disclosures or other statements contained in any Competition - related materials, including but not limited to the Competition entry form, French version of these Competition Rules or point of sale, television, print or online advertising, the terms and conditions of these English Competition Rules shall prevail, govern and control.