2022 Stanley Cup® Playoffs - Clutch Giveaway
(the “Promotion”)
OFFICIAL PROMOTION RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN ONLY TO LEGAL RESIDENTS OF CANADA (WITH THE EXCEPTION OF QUEBEC) WHO ARE OVER THE AGE OF MAJORITY AS OF THE DATE OF SUBMISSION. BY ENTERING THIS PROMOTION, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS IN RULE 3 BELOW AND YOU ARE DEEMED TO HAVE READ AND TO AGREE TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
This Promotion is sponsored by Clutch Canada Inc., located at 200 University Avenue, Toronto, ON, M5H 3C6 (“Clutch”, or the “Sponsor”) and is open to any eligible Entrant (as defined below) who has submitted an entry. Any violation of these Rules may, at Sponsor's discretion, result in disqualification. All decisions of the Sponsor or judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins at 12:00 am Eastern Time on April 8, 2022 and ends at 11:59 pm Eastern Time on April 25, 2022 (the “Promotion Period”). All information from an individual who has participated in this Promotion by submitting an entry (each an “Entrant”), including name, Instagram handle, telephone number and email address, is subject to the Sponsor's privacy policies (see further: Clutch Privacy Statement).
- 2. ENTRY MECHANISM. To enter, a participant must:
a. Follow @clutch.ca on Instagram from their Instagram account;
b. Tag a friend in a comment from their Instagram account on the post made by Clutch on Instagram with the details of this Promotion (“Promotion Post”);
c. Like the Promotion Post from their Instagram account. Note: Entrants are permitted to enter the Promotion multiple times, provided they are tagging a different person in each entry. For clarity, each comment an Entrant makes tagging a unique friend will count as one (1) entry. All entries must be received in accordance with the aforementioned entry mechanism during the Promotion Period to be eligible. You must have an account on Instagram in order to be able to enter the Promotion.
3. RESTRICTION AND MODERATION. Entrants are prohibited from submitting entries that are generated by script, macro or other automated means or by any means which subvert the entry process. Where Sponsor determines in its sole discretion that an entry was generated using a script, macro or any other automated means that entry shall be void, be removed from the Promotion and the Entrant shall be disqualified and prohibited from entering this Promotion.
4. ELIGIBILITY. This Promotion is open to residents of Canada (excluding Quebec) with the exception of:
a. anyone below the age of majority as of the date of submission of the entry;
b. officers, directors, members, employees, representatives and agents of the Sponsor, the National Hockey League (“NHL”), its member clubs, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC (the foregoing NHL entities, collectively, the “NHL Entities”) or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals; and/or
c. anyone who fails to comply with these Official Promotion Rules or otherwise tampers with the entry process as determined at Sponsor's sole discretion (i.e. Entrant tagging the same person in multiple entries.)
At any time, Sponsor will have the right to request from any Entrant proof of identity and/or eligibility to participate. Failure to provide proof within a reasonable time or the provision of false or misleading information could result in the Entrant's disqualification. Sponsor reserves the right to disqualify any Entrants who, in Sponsor's sole discretion, do not comply with these Official Rules or who otherwise tamper with the entry process. Void where prohibited by law.
5. WINNER SELECTION AND NOTIFICATION. The odds of winning a Prize (as defined in Rule 6) in this Promotion depend on the number of eligible entries received. Winner selection will be conducted by random drawing from all eligible entries on or about April 27, 2022 (the “Selection Date”). Any potential winner will be initially notified by direct message on Instagram and after confirming receipt of notification of being a winner, all subsequent correspondence between Sponsor and winner shall take place via email or telephone. If a potential winner: (i) cannot be contacted via Instagram; (ii) does not respond or acknowledge receipt by interacting with the Sponsor's message within 24 hours from the time Sponsor first notifies potential winner via Instagram direct message; (iii) fails to return the Release and the Publicity Release as specified in Rule 8; or (iv) refuses the Prize (as defined in Rule 6), such potential winner forfeits all rights to receive the Prize. . Where a potential winner forfeits all rights to receive the Prize an alternate potential winner may be selected. Sponsor is not responsible for any change in an Entrant's Instagram account, phone number, or email address or for any failure whatsoever of Entrant to receive Sponsor's notification. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation, the execution of required waivers, publicity and liability releases and disclaimers as applicable, such individual will be declared the “winner” of the Promotion.
Note: Skill-Testing Question Before being declared the winner, a selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered by Sponsor or its representative by phone. The skill-testing question must be correctly answered within a 24- hour time frame.
6. PRIZES. There will be two (2) winners of this Promotion. Each winner shall receive the following prize (each a “Prize”):
(a) Two (2) tickets to attend one (1) of Game 1, 2, 3, or 4 in one (1) series of the First Round of the 2022 Stanley Cup® Playoffs. Each winner will be able to select which series' game of the First Round of the 2022 Stanley Cup® Playoffs they would like to attend (“Hockey Game”), subject to availability. Each winner must provide Sponsor with their selection by the Sponsor-provided deadline, and where the winner does not do so, Sponsor may determine the Hockey Game that the winner may attend, subject to availability.
(b) Round-trip economy airfare for two (2) people, the winner and a guest of the winner (“Guest”), from the major airport in Canada that is closest to the winner's place of residence to the major North American city where the Hockey Game will be held. Guest selected by a winning Entrant must be of the age of majority at the time of submission made by the winning Entrant. Winner and Guest shall provide Sponsor with all information required to book transportation. Transportation will be determined by the Sponsor at its sole discretion at the time of travel.
(c) Hotel accommodation for winner and Guest for two (2) nights hotel accommodation (standard room, double occupancy). The hotel will be determined by the Sponsor at its sole discretion at the time of travel.
(d) Five hundred Canadian dollars ($500.00 CAD) awarded via email in the form of a Visa gift card to the winning Entrant.
7. The total approximate retail value of each Prize is four thousand Canadian dollars ($4,000.00 CAD). Actual value may vary based on various factors, including fluctuations in price. No Prize or any portion thereof is transferable. Other than the $500.00 CAD Visa gift card provided to winning Entrant by Sponsor under Rule 6(d), no other portion of the Prize is redeemable for cash. No substitutions may be made for the Prize except by Sponsor, in which case a prize of equal or greater value will be substituted. All federal, provincial, state or other taxes that may apply due to the receipt of a Prize are the sole responsibility of the individual who receives that Prize. The Prize will be delivered to the winner by email. Sponsor shall not be responsible for any failure of delivery of the Prize by email or for any damage to the Prize after it is given or if factors beyond Sponsor's reasonable control prevent the Prize from being fulfilled/awarded.
8. RELEASE. Before being declared the winner, the selected Entrant will be required to sign a declaration of eligibility and release form (the “Release”) indicating that the selected Entrant: (a) has complied and agrees to comply with these Official Rules; (b) accepts the Prize as offered; (c) will keep his/her winning notification confidential until notified by Sponsor; (d) releases Sponsor, the NHL Entities, Instagram, and each of their respective agents, employees, contractors, officers, directors, representatives, and any other parties to be added to the Release in Sponsor's sole discretion (the “Released Parties”) from any and all liability arising from his/her participation in the Promotion or his/her acceptance, use, misuse or awarding of the Prize; (e) indemnifies the Released Parties from any and all losses that Sponsor may incur arising out of any act or omission by him/her in connection with the Promotion or the Prize; and (f) except where prohibited by law, acknowledges Sponsor's and its authorized representatives' right to publish and/or broadcast each winner's name and/or statements without further compensation other than the Prize offered. The wording of the Release will be determined by Sponsor, in its sole discretion. Entrant will also be required to sign a publicity release (“Publicity Release”) before being declared the winner. Sponsor may also add such other terms and conditions to the Release or Publicity Release as Sponsor, in its sole discretion, may deem necessary. The selected Entrant must return the Release and the Publicity Release by the date indicated on the documents. If the Release and Publicity Release are not returned on time by the Entrant or are returned to Sponsor as non-deliverable, or if the selected Entrant fails to answer the skill-testing question correctly or the Entrant is disqualified for any other reason at the sole discretion of the Sponsor, the Prize will be forfeited. In order to be eligible to receive the Prize, the winning Entrant's selected Guest must also sign both a Publicity Release and a Release indicating that the Guest (a) agrees to comply with these Official Rules; (b) releases the Released Parties from any and all liability arising from his/her participation in the Promotion or his/her acceptance, use, misuse or awarding of the Prize; (c) indemnifies the Released Parties from any and all losses that Sponsor may incur arising out of any act or omission by him/her in connection with the Promotion or the Prize; and (d) except where prohibited by law, acknowledges Sponsor's and its authorized representatives' right to publish and/or broadcast Guest's name and/or statements without further compensation other than the Prize offered.
9. DISCLAIMERS. Sponsor assumes no responsibility for and under no circumstances will Sponsor, its agents, employees, contractors and assigns be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any Entrant's participation in the Promotion, including for: (i) entries which are incomplete, unintelligible, lost, late or misdirected; (ii) technical failures of any kind, including but not limited to failure of the Internet during the Promotion Period, any problems, failure or technical malfunction of any telephone network or lines, online or electronic systems, servers, access providers, computer hardware or software, incomplete, garbled or delayed Internet/email computer transmissions on account of technical problems or traffic congestion on the Internet or at any website, any issues on the online platform on which the Promotion is advertised, or any combination thereof or other failures related to hardware, software or virus; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) technical or human error related to the administration of the Promotion or the processing of entries; (v) any injury, loss or damage of any kind which may be caused, directly or indirectly, in whole or in part, from participation in the Promotion by any Entrant, use or misuse of the Prize or any part thereof; (vi) any use of the Sponsor's website or any other website, including any social media platform, to which the Sponsor website is linked (including without limitation any injury or damage to an Entrant's or any other person's computer relating to or resulting from participation or downloading any materials in this Promotion); or (vii) any Entrant's failure to abide by the Official Rules. The limitations of liability set out in this Rule 9 apply, without limitation, to any lost profits, and will apply even if Sponsor has been specifically advised of the possibility of such damages.
10. GOVERNING LAW. By participating in this Promotion, you agree to be bound by these Official Rules. All decisions of the Sponsor with respect to any aspect of the Promotion and these Official Rules, including, without limitation, the eligibility of entries and the winners are final and binding on all entrants. The laws of the Province of Ontario, excluding its provisions on conflict of laws, shall govern this Promotion. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a court located in Toronto, Ontario Canada with respect to any matter arising hereunder or related hereto. These Official Rules state all of the terms and conditions governing the Promotion.
11. CHANGES AND CANCELLATIONS. Sponsor reserves the right without prior notice, to cancel, terminate, modify or suspend the Promotion if, for any reason, the Promotion is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Promotion is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control. In the event of cancellation of the electronic portion of the Promotion, Sponsor may randomly select a winning entry from all eligible Entries received prior to cancellation. Sponsor reserves the right to amend the Official Rules without prior notice if any factor interferes with the proper conduct of the Promotion as contemplated by these Official Rules. Should multiple users of the same Instagram account enter the Promotion and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said Instagram account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who owns the Instagram account associated with an entry.
12. OFFICIAL RULES AND WINNERS LIST. For a copy of these Official Rules or for the name of the declared winner, send a request along with a self-addressed, stamped envelope to: Clutch Canada Inc., 200 University Avenue, Toronto, ON, M5H 3C6
13. ACCESSIBILITY. If you have any accessibility requirements or special needs in relation to this Promotion, please contact support@clutch.ca
This Promotion is not sponsored, endorsed, or administered by Facebook, Instagram or the NHL Entities. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not to Facebook, Instagram or the NHL Entities.
NHL, the NHL Shield, the word mark and image of the Stanley Cup and the Stanley Cup Playoffs logo are registered trademarks of the National Hockey League. © NHL 2022. All Rights Reserved.
