2020 UNITY KIT CONTEST
RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: The Unity Kit Contest Contest (the “Contest”) begins at 12:00 AM EST on July 16, 2020 and ends at 11:59 PM on August 11, 2020 (the “Contest Period”).
(2) ELIGIBILITY: The Contest is only open to legal residents of Canada, except Quebec, who are thirteen (13) years of age or older at the time of entry (each an “Entrant”). The Entrant must hold a valid, functional email address at the time of entry and prize award. Employees and the immediate families (including those with whom they are domiciled) of Maple Leaf Sports & Entertainment Partnership ("MLSE” or the “Contest Sponsor”), Toronto FC, Major League Soccer L.L.C. (“MLS”) and its member teams, Soccer United Marketing, L.L.C., MLS Canada ULC (together, the “MLS Parties”), and each of their respective parent companies, subsidiaries, affiliates, directors, officers, governors, agents, their advertising and promotional agencies (together with Contest Sponsor, the “Released Parties”) are not eligible to enter the Contest. Determinations of eligibility shall be made in the sole discretion of the Contest Sponsors.
(3) HOW TO ENTER: NO PURCHASE NECESSARY. During the Contest Period, each Entrant must complete the following steps to obtain an entry (each, an “Entry”) into the Contest:
- Open or download the official Toronto FC App, available for Apple and Android;
- Tap the Contest app card; and
- Complete the Contest entry form.
Limit of one (1) Entry per email address owned by the Entrant. Entries will be declared invalid if they are late, incomplete, or mechanically or electronically reproduced. All Entries received outside of the Contest Period will be declared invalid. If it is discovered by the Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsor) that any person has attempted to use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest, he/she may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.
The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsor. By entering the Contest, each Entrant agrees to be bound by the Official Rules and the decisions of Contest Sponsor, which are final with respect to all matters relating to the Contest.
(4) PRIZES:
All prizes may be referred to herein as a “Prize” or, collectively, as “Prizes.” There is one (1) Prize available to be won, consisting of a Toronto FC 2020 Unity Kit with an approximate retail value of $195.
A Prize Winner is not entitled to any difference between the actual retail value of the Prize and the approximate retail value of the Prize as stated herein. Only the items listed above as a Prize are provided under this Contest as a Prize. Any and all incidental costs and expenses associated with any Prize, or use of any Prize, that are not specifically referred to herein as being included in such Prize, including, but not limited to, installation of any Prize, expenses, operational fees and maintenance, shall be the sole responsibility of the Prize’s Winner.
Each Prize Winner must follow all directions of the Contest Sponsor or its authorized representative with respect to a Prize they are selected for, or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof.
Each Prize, as outlined above, must be accepted as awarded, without substitution, and is not transferrable, refundable, for resale or, where applicable, convertible to cash or other tender. THE CONTEST SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, IN THE EVENT THAT A PRIZE, OR ANY COMPONENT OF A PRIZE, CANNOT BE AWARDED AS DESCRIBED HEREIN FOR ANY REASON RELATING TO CONTEST SPONSOR (AND NOT WINNER), AT ITS SOLE DISCRETION, TO SUBSTITUTE THE SAME FOR ANOTHER PRIZE OR COMPONENT OF SIMILAR VALUE, WITHOUT NOTICE OR LIABILITY. In the event that a substitute prize (or prize component) is awarded, such prize (or prize component) must be accepted as awarded and cannot be exchanged for cash (where applicable) or otherwise. By accepting a Prize, or a substitute prize, each winner agrees to waive all recourse against Contest Sponsor if a Prize (or substitute prize) or a component thereof does not prove satisfactory, either in whole or in part.
The odds of winning a Prize will depend on the number of eligible entries received during the Contest Period.
(5) WINNER SELECTION:
There will be one (1) random draw on each Draw Date during the Contest Period (each, a “Prize Draw”). Each Prize Draw will be from among all eligible Entries received during the Contest Period. Each Prize Draw will be held at the offices of MLSE at 50 Bay Street, Toronto, Ontario.
Prize Draws will take place at approximately 10:00AM on August 20, 2020. The Prize Draws shall be in accordance with these Official Rules. Contest Sponsor reserves the right to reschedule any Prize Draw at any time and for any reason without prior notice or liability.
Each Selected Entrant for each respective Prize Draw will be contacted by the Contest Sponsor following each Prize Draw via contact information provided in the App. If a Selected Entrant cannot be contacted or does not respond to the Contest Sponsor’s email within seven (7) days of the first attempted contact by the Contest Sponsor, they will be considered to have forfeited their entitlement to the corresponding Prize for the Entry Period and will be disqualified, and another Entrant may be selected from the remaining eligible Entries in the same manner as described above until such time as contact is made with a Selected Entrant, there are no more eligible Entries, or there is insufficient time to award the Prize for which an Entrant is being selected, whichever comes first. In the event that an alternate Entrant is required to be selected, this same Winner Selection process, outlined in this Rule 5, will apply to such alternate Entrant. Contest Sponsor is not responsible, for any reason whatsoever, for any failed attempts to contact a selected Entrant and shall have no liability or responsibility towards any Selected Entrant who could not be contacted in accordance with these Official Rules.
No telephone contact, email or other correspondence in association with the Contest will be entered into except with the Selected Entrant.
(6) CLAIMING YOUR PRIZE
To be declared a winner (“Winner”), the Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question provided by the Contest Sponsor. Each Selected Entrant will also be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest before being granted his/her Prize.
If the Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the skill-testing question, refuses to provide the contact information requested by the Contest Sponsor or does not sign and return the Release Form to the Contest Sponsor within the time frame outlined, that Selected Entrant will forfeit their Prize and the Contest Sponsor shall be entitled to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until the Prize has been awarded or there is insufficient time to permit the awarding of the Prize. The Contest Sponsor is not responsible, whether as a result of human error or otherwise, for any failure to contact a Selected Entrant.
The Release Form cannot be amended or altered in any way, and must be signed and returned by a Selected Entrant without any changes to its terms. Any changes to the terms of the Release Form will result in disqualification of the Selected Entrant at Contest Sponsor’s sole discretion. If a selected Entrant elects to amend, alter or change any of the terms, or if they refuses to sign, or return, the Release Form without any changes, alternations or amendments, the Selected Entrant hereby agrees that the Selected Entrant’s Entry shall be declared void by Contest Sponsor and any entitlement to a Prize shall be voluntarily forfeited, and an alternate Entrant may be selected by random draw in the same manner as described in Rule 5 of these Official Rules.
The Contest Sponsor will contact the Winner following receipt of his/her signed Release Form and provide instructions to Winner on how to access the Prize via the MLSE mobile application.
GENERAL RULES
In the event of a conflict between these Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
(7) INDEMNIFICATION
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and his/her representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives 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 the Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(8) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability 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 processing of Entries, the selection of Winners or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to an Entrant’s or to any other person's computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant's or any other person's computer equipment resulting from an Entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
If there is, as a result of any error, mistake or glitch, more potential winners than contemplated in these Rules, Contest Sponsor reserves the right to hold a random draw amongst all claimants of a prize in order to award the correct number of prizes, which is limited to one (1) for this Contest. In such an event, Contest Sponsor will not be liable, in any respect, to any claimants of a prize for any reason whatsoever.
(9) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsor. The Contest Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In its sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.
(10) PRIVACY AND PUBLICITY RIGHTS
By entering this Contest, Entrants consent to the collection and use of their personal information by Contest Sponsor for the purposes of administering the Contest and awarding the Prizes. The personal information of Contest Entrants will not be sold or used for any purpose other than in connection with this Contest without consent. By accepting a Prize, the Winner grants to the Released Parties the perpetual right to use his/her name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Contest Sponsor respects your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsor to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by MLSE, please refer to http://www.mlse.com/privacy.
(11) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. The Contest Sponsor and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
(13) ADDITIONAL TERMS
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural. All trademarks, logos and slogans are the property of their respective owners and are used under license or with approval.