Contest rules

CONTEST TERMS AND RULES

THE GREEN MOUNTAIN HEALTH ALLIANCE CONTEST (THE “CONTEST“) IS INTENDED TO BE CONDUCTED IN BRITISH COLUMBIA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE THE AGE OF MAJORITY OR OLDER AND RESIDENT IN THE PROVINCE OF BRITISH COLUMBIA AT THE TIME OF ENTRY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES“).

  1. ELIGIBILITY.

To be eligible for this Contest, an individual must:

  • be a legal resident of a province of British Columbia; and
  • be of the age of majority or older in British Columbia at the time of entry;
  • be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and
  • have a valid Facebook, Twitter or Instagram account at the time of entry.

Directors, officers, employees, consultants and founders of Green Mountain Health Alliance Inc., their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.

We shall have the right at any time to require proof of identity and/or eligibility, in a form acceptable to us, including without limitation, government issued photo identification, to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to us for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. We reserve the right, in our sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

  1. CONTEST PERIOD.

The Contest begins at 10:00 a.m. Pacific Time (“PT”) on March 20, 2018 and ends at 5:00 p.m. PT on May 7, 2018 (the “Contest Period“) after which time the Contest will be closed and no further entries shall be accepted.

  1. HOW TO ENTER.

There is no purchase necessary to enter the Contest. All you have to do is:

  • Like this post;
  • Upload your best Okanagan photo using #Okanaghan-Green on Facebook, Twitter or Instagram and add a comment to your photo and do not delete the post during the contest term;
  • Like and follow the Green Mountain Health Alliance Inc. Facebook page or follow Green Mountain Health Alliance Inc. on Twitter or Instagram to keep tabs on your #Okanaghan-Green competition! We’ll be sharing updates throughout the contest period; and
  • Share this post.

Only photos submitted with the contest hashtag (#Okanaghan-Green) during the contest period from March 20 – May 7, 2018 will be considered.

You can enter as many times as you like.

  1. SUBMISSIONS.

All entries, including, if applicable, the written submission and/or photograph submitted in connection with the Contest entry (the “Work”) become the sole property of Green Mountain Health Alliance Inc. and will not be returned for any reason. Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.

If Work has been submitted by an entrant in connection with the Contest, each entrant agrees that we may post the Work on our owned or controlled websites, viewing galleries and/or social media platforms. Each entrant further represents and warrants that:

  • the photograph forming part of the Work is of your own making, that you’ve taken in the Okanaghan within the last 2 years;
  • the Work may not show clothing items bearing business, designer or sports logos or design;
  • the Work does not contain any material that is libelous, defamatory, profane or obscene;
  • the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable us to use the Work as contemplated by these Contest Rules;
  • you must have consent from any people appearing or mentioned in the Work; .and
  • the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party; and
  • the Work must not:
    1. contain threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind;
    2. violate or encourage anyone to violate any law or regulation; or
    3. contain advertising or commercial messages.

Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address, Facebook, Twitter, or Instgram account associated with the entry, as applicable. For the purposes of these Contest Rules, “authorized account holder” of an e-mail address, Facebook, Twitter or Instagram account is defined as the natural person who is assigned to an e-mail address, Facebook,  Twitter or Instagram account by an Internet access provider, on-line service provider, Facebook, Twitter , Instagram or other organization responsible for assigning e-mail addresses, Facebook, Twitter or Instagram accounts for the domain or account associated with the submitted e-mail address, Facebook, Twitter or Instagram account. Each selected entrant may be required to provide us with proof that the selected entrant is the authorized account holder of the e-mail address, Facebook, Twitter or Instagram account associated with the winning entry.

  1. PRIZE.

There is one (1) prize (the “Prize“) available to be won by the Prize winner (the “Winner“) consisting of $1,000 Canadian dollars.

The Prize will be distributed within two (2) days after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. The Prize must be claimed within thirty (30) business days of notification of being selected as a Winner. Failure to claim the Prize within the allotted time period may result in your disqualification and forfeiture of all rights to the Prize (in the our sole discretion).

The Prize must be accepted as awarded and cannot be transferred or assigned to a third party.

Winner(s) will be solely responsible for any expense not explicitly included in the prize, including any taxes payable in association with the prize.

  1. WINNER SELECTION.

One (1) Winner shall be selected as follows:

  • On or about 5:02 P.M., PST, on May 7, 2018 in Vancouver, British Columbia all eligible entries received during the applicable Monthly Entry Period will be judged by a panel of judges comprising representatives of Green Mountain Health Alliance Inc., based on the following criteria:
    1. Ability to capture the beauty and essence of the Okanagan;
    2. Composition;
    3. Creativity; and
    4. Originality.

– The odds of being selected as a potential winner are dependent upon the number of eligible entries received by us.

– Before being declared a Winner, the selected entrant shall meet all of the eligibility requirements and 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 (described below).

  • SELECTED ENTRANT(S) WILL BE NOTIFIED BY TELEPHONE OR E-MAIL. WE WILL CONTACT ALL SELECTED ENTRANT(S) NO LATER THAN MAY 7, 2018 AT 6:00 P.M. PST AND MUST RESPOND WITHIN FORTY-EIGHT (48) HOURS 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 us within forty-eight (48) hours 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 our sole discretion until such time as an entrant satisfies the terms set out herein. We are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for us to receive a selected entrant’s response.
  • If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
  1. RELEASE.

Before being declared as a Winner, the selected entrant will be required to execute a legal agreement and release (the “Release“) that confirms his/her:

  • eligibility for the Contest and compliance with these Contest Rules;
  • acceptance of the Prize as offered;
  • release of each of Green Mountain Health Alliance Inc., and other parties related to the Contest and their respective parent companies, subsidiaries, affiliates and/or related 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 there from; and
  • grant to us of the unrestricted right, in our discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’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 an entrant receiving verification that he/she has been selected as a Winner or the selected entrant will be disqualified and the Prize forfeited.

  1. INDEMNIFICATION BY ENTRANT.

By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including 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 Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

  1. LIMITATION OF LIABILITY.

We assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or, as applicable, 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.

We are not responsible for any incorrect or inaccurate information, whether caused by, as applicable, 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.

We 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.

We are not responsible for any problems, failures or technical malfunction of, as applicable, 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.

We are not responsible for any injury or damage to entrant or, as applicable, 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.

We assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond our control, such as, as applicable, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest and/or the Contest Website.

  1. RIGHTS CLEARANCE.

By providing the Work to us 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 us a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit 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.

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.

We 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 us that the Work does not infringe any copyright 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.

We reserve the right to exclude 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 us in our sole discretion.

  1. CONDUCT.

By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by our decisions, which shall be final and binding in all respects. We reserve the right, in our sole discretion, to disqualify any entrant found to be:

  • violating the Contest Rules;
  • tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website (where applicable);
  • violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or
  • acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE (WHERE APPLICABLE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

  1. PRIVACY/USE OF PERSONAL INFORMATION.
  • By participating in the Contest, entrant:
    1. grants to us the right to use his/her full name, mailing address, telephone number, e-mail address and/or age (the “Personal Information“) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner;
    2. grants to us 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
    3. acknowledges that we may disclose his/her Personal Information to third-party agents and service providers to us in connection with any of the activities listed in (a) and (b) above.
  • By opting-in online you consent to our use of your Personal Information to contact you to:
    1. promote draws, interactive features and contests similar to the Contest;
    2. promote opportunities to subscribe to our newsletters or email;
    3. notify you about programs, special events and related products or services; and
    4. enter you into other Green Mountain Health Alliance Inc. – sponsored draws and/or contests.
  • We will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with our corporate Privacy Policy.
  1. INTELLECTUAL PROPERTY.

All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Green Mountain Health Alliance Inc.. 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.

  1. TERMINATION.

We reserve the right, in our 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.

  1. LAW.

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 us. 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 us in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia 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.

  1. DISCREPANCY.

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, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.

  1. SOCIAL MEDIA.

This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook, Twitter and/or Instagram. Any personal information provided in connection with the Contest is being provided to us and not to Facebook, Twitter, and/or Instagram. Any questions or comments regarding a Contest must be directed to us and not to any of the social media platforms on which the Contest may have been advertised or administered.