Sports Experts® Contest “#ExploreSports” (the “Contest”)—Rules and Regulations

NO PURCHASE NECESSARY TO ENTER THE CONTEST.

The Contest is not in any way organized, approved, sponsored or administered by or in association with Instagram. You understand that you are providing your information to the Contest Sponsor (as defined below) and not to Instagram. The information provided will only be used for the Contest administration and in accordance with the Contest Sponsor's privacy policy available on the Sports Experts® website. Instagram is released from all liability by each and every Contest entrant. Any questions, comments or complaints regarding the Contest must be directed to the Contest Sponsor and not towards Instagram.

Contest Sponsor:

The Contest is sponsored by FGL Sports Ltd. (the “Contest Sponsor”).

Contest Period:

Contest starts at 00:01 AM Eastern Time ("ET") on October 15, 2019, and closes on December 12, 2019, at 11:59 PM ET (the “Contest Period”). All Photos Posted after the Contest Period will not be eligible for the purposes of the Contest. The only determining factor of a photo’s validity will be the posting date and time on the Contest server machine(s) used by the Contest Sponsor as part of the contest.

Who Can Enter:

The Contest is open only to all legal residents of the Province of Quebec who are eighteen (18) years of age or older at the time of entry to the Contest. You are not eligible to enter if you are (or you live with) an employee, officer, director, representative, agent, consultant or price supplier of the Contest Sponsor or their respective, affiliates, licensees, franchisees or subsidiaries (collectively, the “Promotion Entities”). Contest Sponsor reserves the right to verify the eligibility of every potential winner.

How to Enter:

There is no purchase necessary to enter. To enter the Contest and be eligible to win one of the Prizes (described below), you must during the Contest Period:

Each entrant certifies and declares that any photo that may be submitted as part of the Contest will comply with the following “submission criteria”:

(i) It must be related to the purpose of the Contest, as such:

(ii) It is an original creation by the entrant which has all rights (including, without limitation, the photographer’s consent) required with respect to the photo and any other material to be able to submit it to the Contest;

(iii) It must never have been previously published, exhibited in public, or have been declared a winner of any other contest or promotion;

(iv) It does not violate any law, act, ordinance or regulation;

(v) It does not contain any reference to any identifiable third party, or any resemblance of such third party, unless consent has been obtained from such person and her/his parents or legal guardian if he has not reached the age of 18 years old;

(vi) It will not give rise to any claim for infringement, invasion of privacy or image rights, nor will it infringe any rights and/or interests of any third party, or give rise to a request for compensation, whatever it is; and

(vii) is in no way defamatory, commercially defamatory, pornographic or obscene, and, furthermore, contains, does not include, evokes, and in no way restricts, without limitation, any of the following:

- obscenity;

- nudity;

- explicit, implicit, graphic or excessive sexual activity;

- raw, vulgar or offensive language;

- derogatory representations of any ethnic, racial, sexual or religious group;

- content that approves, tolerates or concerns any unlawful, inappropriate or hazardous activity, conduct or behavior;

- personal information about individuals, including but not limited to names, addresses (mail or electronic), telephone and fax numbers;

- behavior or other activity that contravenes the provisions of this Regulation;

- commercial messages, comparisons or solicitations for products or services;

- URLs or links of any website; and

- any other content deemed or reasonably considered inappropriate, incorrect or objectionable, as determined by the Contest Sponsor in its sole discretion.

In addition, by entering the Contest, each entrant, whether or not selected as one of the winners: (i) grants to the Contest Sponsor, in perpetuity, the non-exclusive right to publish, post, reproduce, modify, edit, translate or use the photo, in whole or in part, for any reason whatsoever; (ii) waives all moral rights with respect to the photo in favour of the Contest Sponsor; and (iii) agrees to release and hold harmless the Exempted Parties (as defined below) from all liability for any claim based on image rights, allegations of defamation, breach of privacy, copyright infringement, trademark infringement or any other cause of action relating to intellectual property. In addition, by submitting the photo, each entrant agrees that the Contest Sponsor has the right, but not the obligation, to post, without compensation or notice, such photo, in whole or in part, as such or such it could be redesigned, as well as the entrant's name, city and photograph or likeness on the Sports Experts® website, in promotional booklets or materials, point-of-sale materials, promotional e-mails, or other promotional materials distributed in Sports Experts® stores, and any other online, broadcast or print media, as chosen by the Contest Sponsor at its sole discretion.

By submitting a photo as part of this Contest, each entrant agrees to be bound by these Official Contest Rules which are available on the Sports Experts® Instagram account.

The Contest Sponsor reserves the right to disqualify, from the Contest, any photo and any entrant who, in its opinion and sole and absolute discretion, violates the conditions set forth in these Official Rules. The Contest Sponsor reserves the right to filter all photos first and reserves the right, in its sole and absolute discretion, to edit, modify, translate or remove any photo submitted as part of the Contest, or have an entrant modify or edit the photo to comply with these Official Rules, or for any other reason. Any photo that does not comply with the provisions of these Official Rules will be disqualified and the entrant who submitted the photo will not be eligible to win any of the Prizes (defined below).

Limit of one photo per entrant during the Contest Period per Instagram account. If the Contest Sponsor discovers that a entrant has attempted to submit more than one picture during the Contest Period then, at the sole discretion of the Contest Sponsor, that entrant may be disqualified from the Contest and all pictures this entrant may be declared ineligible for the purposes of the Contest. Photos produced by script, macro-control, robotic reproduction, programming or any other automated means are prohibited and will be subject to disqualification by the Contest Sponsor. All photos are subject to verification. The Contest Sponsor reserves the right, in its sole and absolute discretion, to require, in a form acceptable to the Contest Sponsor, proof of identity and eligibility to the Contest from any entrant to the Contest. Failure to submit such proof with valid photo, within the required time, may result in the disqualification of said entrant.

Chances of Winning:

The chances of winning one of the Prizes (as described below) will depend upon the total number of eligible Photos posted during the Contest Period and particularly at the time of every draw, as explained here below.

Prize:
There are three (3) prizes (“Prize” or “Prizes”) to be awarded in the Contest consisting of three (3) hundred dollars ($100) gift cards redeemable at any Sports Experts® stores (in Canada) and/or Atmosphere®  stores (in the Province of Quebec only) or online at sportsexperts.ca at the discretion of each potential winner. The total value of all Prizes offered as part of the Contest is three hundred dollars ($ 300).


Prizes are non-transferable except by the Contest Sponsor. Prizes may not be used in conjunction with any other promotion or offer. No substitution or cash equivalent of the Prizes are permitted; however, Contest Sponsor reserves the right to substitute any of the Prizes or any component of any of the Prizes with another of equal or greater value.

Draw:

Throughout the Contest Period, three (3) potential winners will be randomly drawn as follows:

Draw #1 —  The first draw will take place on Friday, November 1, 2019, at 10:00 AM ET from among all eligible Photos Posted during the period from October 15, 2019 (00:01 AM ET) to October 31, 2019 (11:59 PM ET).

Draw #2 —  The second draw will take place on Friday, November 22, 2019, at 10:00 AM ET from among all eligible Photos Posted received during the period from November 1, 2019 (00:01 AM ET) to November 21, 2019 (11:59 PM ET).

Draw #3 —  The third draw will take place on Friday, December 13, 2019, at 10:00 AM ET from among all eligible Photos Posted received during the period from November 23, 2019 (00:01 AM ET) to December 12, 2019 (11:59 PM ET).

The draws will take place in Laval, Quebec. Within twenty-four (24) hours following each of the drawers, each of the potential winners will be contacted through Direct Message on Instagram to win one of the Prizes in order to be informed that he/she is eligible to win one of the Prizes (the “Prize Notification”). If any of the potential winners fails to respond to the Prize Notification within forty-eight (48) hours after being contacted by the Contest Sponsor or failing to comply with these Official Rules, he/she will be disqualified and another potential winner will be drawn (the notice provisions in this section will apply then to such a possible winner drawn by lot). Return of any Prize Notification as undeliverable may result in disqualification and an alternate potential winner may be selected by random draw (the notification procedures set out in this article will then apply to such a potential winner drawn by lot).

How to Win:

To be declared as one the winners of the Contest and recipient of a Prize, each of the potential winners must correctly answer the regulatory mathematical skill-testing question and will be required to complete and sign a Publicity Release and Prize Acceptance Form as requested by the Contest Sponsor before receiving the Prize. Each of the potential winners may also be required to submit valid proof of identity.  If any of the potential winners in unable to provide valid proof of identity, he/she may, at the sole discretion of the Contest Sponsor, be disqualified and another potential winner will be selected by random draw.

Disclaimer and Liability Exclusion:

The Promotion Entities are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in the printing or posting of the offer or official Rules and Regulations, the selection and announcement of any winner, or the distribution of any prize.

The Contest Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules and Regulations) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules and Regulations. The Contest Sponsor, with the consent of the Régie, also reserves the right to cancel, amend or suspend this Contest, or to amend these Rules and Regulations, without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason, and shall have no liability to anyone, including entrants, for the cancellation or termination of the Contest.

By entering the Contest each entrant agrees that the Promotion Entities shall not be liable for losses or injuries of any kind resulting from acceptance or possession or use of any the Prizes awarded and entrants agree to release, discharge and hold harmless the Promotion Entities, and each of their respective successors, assigns, agents, employees, representatives, officers, directors or shareholders (collectively the “Releases”), for all claims, damages or responsibilities arising out their participation in the Contest and, in the event that this entrant is declared the winner of the Contest, its acceptance, possession and use of one of the Prizes or a component of a Prize. The entrant agrees that it may not take any action against the Exempted Parties and, in the event that such entrant is declared a winner of the Contest, its acceptance, possession and use of any component of Prize or Prizes. In addition, any entity that may claim compensation or compensation from the Contest Entities resulting from the participation of any entrant in the Contest will not have any right of action against the Contest Sponsor.

In the event of a dispute as to identity the person who submitted a photo in connection with the Contest, it will be deemed to have been submitted by the authorized account holder of the Instagram account used when registering for the Contest. Any entrant to the Contest may be required to produce a document proving that he/she is the authorized account holder associated with the submitted photo.

Publicity:

By participating in the Contest, each entrant authorizes the Contest Organizer to distribute and publish, without compensation or notice, his name, city of residence, photograph, likeness, nickname and / or voice in any advertising relating to the Contest. including, but not limited to, the Sports Experts® Instagram account, without additional compensation. This article does not limit the Contest Organizer's display rights as set out under “How to Enter.”

 

Privacy:

The personal information you are providing to enter the Contest will be (i) collected by the Contest Sponsor (ii) used only to administer the Contest, contact each of the potential winners to notify him/her that he/she is eligible to win one of the Prizes and verify the eligibility of each of the potential winners and (iii) accessible only to those employees of the Promotion Entities directly involved in the Contest and will not be disclosed to other persons.

By entering this Contest, each entrant consents to the collection, use and disclosure of information on the Contest Entry Form or Text for the purposes and in the manner described herein. You can also contact us or otherwise communicate your privacy concerns by emailing us at privacy@fglsports.com.

General Conditions:

The Contest is managed by the Contest Sponsor. All decisions of the Contest Sponsor are final and binding on all entrants without right of appeal. This Contest is subject to all applicable federal, provincial and municipal laws. As a condition of participating in the Contest, to the fullest extent permissible by law, each entrant agrees that any dispute or cause of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action proceeding, and exclusively before a court of the judicial district of Montreal, Province of Quebec and that the court shall apply the laws of the Province of Quebec, applicable therein, without giving effect to any choice of law or conflict of law rules or provisions. Further, each entrant agrees to waive all rights to claim punitive, incidental or consequential damages, or any other damages, including legal costs or attorneys’ fees, other than the entrant’s out-of-pocket expenses associated with entering the Contest.

Any litigation involving a resident of the Province of Quebec respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the Parties reach a settlement.

CAUTION: Any attempt to undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsor reserves the right to immediately disqualify the person from the Contest, without any burden of proof of an actual attempt to undermine and to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.

In case of any discrepancy between the French and English versions of these Rules and Regulations, the French version shall prevail. En cas de divergence entre la version française et anglaise du présent règlement officiel, la version française aura préséance. Further, in the event of any discrepancy or inconsistency between the terms and conditions of the French version of these Rules and Regulations and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest Entry Form, and/or point of sale, television, print or online advertising (including social media); the terms and conditions of the French version of these Rules and Regulations shall prevail, govern and control.