Rules & Regulations
CANADIAN FOOTBALL LEAGUE PLAYERS’ ASSOCIATION FANtasy CONTEST
Contest Rules & Regulations
THE FANtasy CONTEST (THE “CONTEST”) SPONSORED BY THE CANADIAN FOOTBALL LEAGUE PLAYERS’ ASSOCIATION (HEREINAFTER “C.F.L.P.A.” or “SPONSORS”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE LAW IN CANADA. NO PURCHASE IS NECESSARY TO ENTER. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY, EXCLUDING LEGAL RESIDENTS OF QUÉBEC. DO NOT ENTER THIS CONTEST IF YOU ARE A LEGAL RESIDENT OF QUÉBEC. PARTICIPANTS MUST BE EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
a) The Contest is open to all legal residents of the Provinces and Territories of Canada, excluding legal residents of the Province of Québec. Legal residents of the Province of Québec are not eligible to enter the Contest.
b) Entrants of the Contest (hereinafter “Entrant” or “Entrants”) must be twentyone (“21”) years of age or older at time of their entry in the Contest.
c) Entrants must be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with their entry to the Contest.
d) Employees of the C.F.L.P.A., their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest. For the purpose of these Contest Rules, “immediate family” means husband, wife, spouse, mother, father, brother, sister, son and daughter, whether or not they reside in the same household.
e) Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof within a reasonable period of time may result in disqualification. All personal and other information requested by and supplied to Sponsors for the purpose of this Contest must be truthful, complete, accurate and in no way misleading. Sponsors reserve the right to disqualify any entry or Entrant in its sole discretion, should any entry or Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. Contest Period
The Contest begins at 11:59 pm Eastern Daylight Time (“EDT”) on Thursday, October 11, 2012 and closes at 11:59 pm Eastern Standard Time (“EST”) on Thursday, January 31, 2013 (the “Contest Period”) after which time the Contest will be closed and no further Entries (as defined below) shall be accepted.
3. How To Enter
a) There is no purchase necessary to enter the Contest.
b) Choose your favourite Canadian Football team.
c) Create your own home video describing your football FANtasy about your favourite Canadian Football team (the more elaborate, the better).
d) All Contest home video entries must be submitted by uploading the home video entry to the Contest Website: “www.proplayers.ca/fantasy”, (the home video entries submitted in the Contest are hereinafter referred to as “Entry”, “Entries”, “Work” or “Works”).
e) No other Entries will be accepted, other than ballot entries (“Ballot Entry” or “Ballot Entries”, as defined below).
f) Ballot Entries shall be considered eligible Entries to win a Grand Prize, subject to the terms and conditions of these Contest Rules and Regulations.
g) Entries must be original Works.
h) Entries must NOT contain:
i) Any copyrighted or otherwise protected material for which the Entrant has not obtained permission to use including, but not limited to:
1. Music, 2. Voice-over content, 3. Images, photography or video, 4. Art, 5. Text, or 6. Trademarks or logos; or ii) Nudity, lewd, vulgar or offensive behaviour, language or gestures
i) Entries shall not be longer than 4 minutes in length, any entry longer than 4 minutes in length will be disqualified from this Contest.
j) All Entries must be in .mpeg, .mov, or .flv compressed video format at 640-480.
k) Any Entry that is publicly displayed or disclosed prior to it being entered into this Contest shall be considered to be ineligible, and shall further be disqualified from this Contest.
l) Only 1 Entry per email address will be accepted. In the case of multiple Entries, only the first eligible Entry shall be considered.
m) Each Entry shall be deemed to be submitted by the authorized account holder of the email address associated with the Entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected Entrant may be required to provide the Sponsors with proof that the selected Entrant is the authorized account holder of the email
address associated with the winning Entry.
n) Entries become the property of the Sponsors and will not be returned to Entrants. By submitting an Entry, each Entrant:
i) grants to the Sponsors, in perpetuity, a world-wide, gratuitous and royalty-free, irrevocable and non-exclusive license to publish, display, reproduce, modify, edit or otherwise use their Entry, in whole or in part, for advertising or promoting the Contest or for any other reason; and ii) waives all moral rights in and to his or her Entry in favour of the Sponsors.
a) Prizes: there are eight (“8”) Grand Prizes in total to be won, each Grand Prize consisting of: airfare, accommodations, meals, drinks and activities for five (“5”) days and four (“4”) nights in Barbados for the winning Entrant and one guest, it being understood by winning Entrant and their guest that in order to receive a Grand Prize, the winning Entrant and their guest must be willing and able to participate in the FANtasy Camp.
b) There will be up to eight (“8”) Grand Prizes awarded to Entrants who submitted home video Entries during the Contest Period.
c) Each Grand Prize has an approximate value of Six Thousand Dollars ($6,000.00 CDN) including applicable taxes.
d) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. Winners are not entitled to monetary difference between actual Prize value and stated approximate value, if any.
e) Companion trips for guests of Winners (“Guests”), and extra days stay at the Resort may be purchased at a cost, please contact the C.F.L.P.A. office at 1.800.616.6865 x204 for more information and bookings.
5. Winner Selections
Eight (“8”) winners (“Winners”) shall be selected as follows:
a) On or about Friday, February 15, 2013 in Stoney Creek, Ontario, up to eight (“8”) Winners shall be selected from all eligible home video Entries received during the Contest Period by the Sponsors. The Winners shall be selected on the basis of the skill and creativity demonstrated in their home video Entries, as determined by the Sponsors. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by the Sponsors. Before being declared a Winner, the selected Entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (as described below).
b) THE SELECTED ENTRANTS WILL BE NOTIFIED BY TELEPHONE AND EMAIL ON OR BEFORE 6:00 PM EST, MONDAY, FEBRUARY 18, 2013 AND MUST RESPOND WITHIN TWO (“2”) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected Entrant must respond by telephone to the contact number provided in the notification, and the selected Entrant’s response must be received by the Sponsors within two (“2”) business days of such notification. If the selected Entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another Entrant may be selected in the Sponsors’ sole discretion until such time as an Entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected Entrant to receive notification or for the Sponsors to receive a selected Entrant’s response.
Each Winner will be required to execute a legal agreement and release (“Release”) that confirms Winner’s and Guest’s:
a) eligibility for the Contest and compliance with these Contest Rules;
b) acceptance of the Prize as offered;
c) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates, related companies and/or arm’s length companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, 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 therefrom; and d) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use
the Work and Winner’s and Guest’s 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. The executed Release must be returned within two (“2”) business days of the verification as a Winner failing which, the Winner will be disqualified and his or her Prize forfeited.
7. Indemnification by Entrant
By entering the Contest, each Entrant releases and holds Releasees harmless from any and all liability, claims, demands, for any injuries, costs, expenses, losses or damages of any kind to the Entrant or any other person, including, without limitation, reasonable legal fees, including an allocable share of in-house lawyers’ fees and costs, which Licensee may suffer or incur by reason of any claim, action, demand, suit or proceeding (each a “Claim”) resulting from:
a) personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize;
b) participation in the Contest;
c) any breach of the Contest Rules;
d) in any Prize-related activity;
e) the unauthorized use of the names, logos, copyright, trade names, patents, trade-marks or intellectual property of any person or entity by Entrant; or
f) any allegation or threatened allegation that the Entrant’s participation in the Contest, any breach by Entrant of the Contest Rules, or any Entrant’s Prize-related activity infringes any intellectual property, personal, privacy or proprietary rights of any person or entity. Each Entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. Rights Clearance
By providing the Work to the Sponsors in connection with the Contest, each Entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors a worldwide, gratuitous and royalty-free, irrevocable, and non-exclusive licence to copy, use, modify, reproduce, display, adapt, exhibit, transmit, retransmit and otherwise broadcast the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of Entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. Each Entrant further waives all moral rights in and to his or her Entry in favour of the Sponsors. The Entrant hereby confirms that the Work is an original work, solely created by the Entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the Entrant. In addition, each Entrant represents to Sponsors that the Work does not infringe any copyright, trade-mark or other intellectual property interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to disqualify any Work on the basis of concerns relating to the rights of third parties, including, but not limited, to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion. Sponsors reserve the right to request that the Entrant to modify the Work in order to comply with the rights of third parties, including, but not limited, to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion. Should Entrant decline such Sponsors’ request, then the Entrant will be disqualified and the Work of another Entrant will be selected as the winner of the Contest.
9. Limitation of Liability
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or
human error which may occur in the administration of the Contest. The Sponsors 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 Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any
combination of the foregoing. The Sponsors are not responsible for any injury or damage to Entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors 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 Sponsors, but not limited to, infection or corruption of the Contest Website by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or by any other act, omission of act, contrivance or device that results in the corruption of the administration, security, fairness, integrity or proper conduct of this Contest.
By participating in the Contest, each Entrant agrees to be bound by these Contest Rules, which will be posted at the Contest Website and made available upon request by selfaddressed, stamped envelope to the C.F.L.P.A. office at 175 Barton Street, East, Stoney Creek, Ontario L8E 2K3, throughout the Contest Period. Each Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any Entrant found to be:
a) violating the Contest Rules;
b) tampering or attempting to tamper with the Entry process or the operation of the Contest,
the Contest Website, or any other website of the Sponsors;
c) violating the terms of service, conditions of use and/or general rules or guidelines of any www.cflpa.com property or service; or d) acting in an nsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Winner and Guests must at all times behave appropriately when at the location and observe the Contest Rules and any other rules or regulations in force at the location. The Sponsors reserve the right to remove from the location any Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or Guest.
11. Privacy / Use of Personal Information
By participating in the Contest, each Entrant:
a) grants to the Sponsors the right to use his or her name, mailing address, daytime telephone number, and e-mail address (“Personal Information”) only for the purpose of administering the Contest, including, but not limited, to contacting and announcing the Winners;
b) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and
c) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in above.
d) The Sponsors will use the Entrant’s Personal Information only for identified purposes, and protect the Entrant’s Personal Information.
12. Intellectual Property
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, photographs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates, related or arm’s length companies. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest 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 the Sponsors. The Sponsors assume no responsibility to inform Entrants of any such changes to any applicable federal, provincial and municipal laws and regulations and shall not undertake to do so. All issues and questions concerning the construction, validity, interpretation and enforceability of the
Contest Rules or the rights and obligations as between the Entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the applicable laws and regulations in force in Canada or in the Provinces or Territories of Canada, including procedural provisions, 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.
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.