Rules and Regulations
Mobile App Rewards Program Rules
(the “Contest Rules”)
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. THE REWARDS PROGRAM IS VALID IN CANADA ONLY (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
1. Rewards Program Period
The ParticipACTION Mobile App Rewards Program (the “Rewards Program”) will launch on April 5, 2022 at 12:00 AM Eastern Time (“ET”) and end on April 3, 2023 at 11:59 PM ET (“Rewards Program Period”). By participating in the Rewards Program, each entrant agrees to abide by and be bound by these Rules and all decisions of ParticipACTION, Public Health Agency of Canada and Sport Canada. (collectively, the “Sponsor”), which shall be final and binding, without right of appeal, in all matters relating to this Contest and the awarding of the prize(s), including without limitation eligibility and/or disqualification of entries.
This Rewards Program is only open to legal residents of Canada who are seventeen (17) years of age or older at the time of application download, excluding: (a) employees, directors, officers, representatives and agents of: (i) Sponsor; (ii) the independent Rewards Program management organization appointed by Sponsor to administer the Rewards Program (the “Rewards Program Administrator”); (iii) any affiliates of Sponsor or the Rewards Program Administrator; (iv) Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Rewards Program in any way; and (v) any persons or entities involved in judging the Rewards Program; and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the “Rewards Program Entities”. For the purposes of these rules, two people are “immediately related” if one is the husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law of the other. For clarity, groups, clubs, organizations, businesses and commercial and non-commercial entities cannot enter the Rewards Program.
3.How to Enter
NO PURCHASE NECESSARY. This Program takes place electronically using an app and requires you to have a mobile tool and internet connection. If you do not have internet connection, many public libraries, retail businesses and others offer free computer and internet services.
During the Rewards Program Period, download the application named ParticipACTION (the “app”). You will be prompted to enter your personal information and sign up to create your profile including first name, email, gender, age, postal code (for prizing), level of physical activity and give the app permission to access the information found on your digital fitness-tracking platform (if applicable).
Limit one (1) profile per person/email address during the Rewards Program Period.
All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to request proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
4.How to Enter
To obtain entries (or “ballots”) in the Rewards Program, log in to your profile and earn badges. Each badge is worth a specific number of ballots, as indicated in the app. Each ballot equals one entry in to the applicable draw(s), and all ballots are automatically entered into the corresponding draws. There are three frequencies of draws – weekly, monthly and quarterly. Each ballot will be entered in to all 3 draws. By way of example, a ballot earned on February 6 would be entered in that week’s Weekly Prize Draw, the February Monthly Prize Draw, and the February – March Quarterly Prize Draw.
Weekly Badges are earned by reaching your physical activity goals. One-time Badges are earned by completing the registration process, syncing a fitness device to the App and by enabling push notifications. Daily badges are earned by opening the App, consuming and sharing content, answering survey questions and using the Take 10 feature. Entrants can collect multiple badges. Participants will not be awarded any additional ballots for being at the top position of any of the weekly, monthly or overall leaderboards.
If a user does not initially participate in the Rewards Program due to missing information at the time of registration (whether intentional or not), they will not retroactively gain any entries. Entries can only be collected from the time they have completed all required information.
5.Prizes and Odds of Winning
There are thirteen thousand (13,000) weekly prizes available to be won, two hundred and fifty (250) per Weekly Period, and each consisting of one (1) $10 gift card for consumer goods (each, a “Weekly Prize”). “Weekly Period” is defined as one calendar week during the Rewards Program Period, starting Monday at 12:00 AM ET and ending Sunday at 11:59 PM ET. The odds of winning a Weekly Prize depend on the total number of eligible entries received during the applicable Weekly Period.
There are seven hundred and twenty (720) monthly prizes available to be won, sixty (60) per Monthly Period. As of April 5, 2022, each monthly prize consists of one (1) $40 gift card for consumer goods (each, a “Monthly Prize”). “Monthly Period” is defined as the first calendar day of the month at 12:00 AM ET to the last calendar day of month at 11:59 PM ET. The odds of winning a Monthly Prize depend on the total number of eligible entries received during the applicable Monthly Period.
There are sixteen (16) quarterly prizes available to be won, four (4) per Quarterly Period. As of April 5, 2022, each quarterly prize consists of one (1) $250 gift card for consumer goods (each a “Quarterly Prize). The “Quarterly Periods” are each defined as April 5th to July 4th, 2022, July 5th to October 3rd, 2022, October 4th to January 2nd, 2023 and January 5th to April 3rd, 2023. The odds of winning a Quarterly Prize depend on the total number of eligible entries received during the applicable Quarterly Period.
All amounts and costs related to any prizes, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of a prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of a prize.
A person eligible to win a prize must accept the prize as awarded and may not transfer such prize or substitute or exchange for, or apply the prize’s value towards, cash or a higher cost or alternative prize. All prizes are non-refundable, cannot be replaced if lost or stolen and are provided on an “as is” basis, without any representation or warranty of any kind. Gift cards may be subject to additional terms and conditions. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of a prize or for any other reason whatsoever.
6. Winner Selection
On each Monday following each Weekly Period, at ParticipACTION’s office, 77 Bloor Street, Toronto, Ontario at 12:00 PM ET, a random draw will be conducted from among all eligible ballots received during that Weekly Period for the purpose of selecting two hundred and fifty (250) potential winners of a Weekly Prize (subject to satisfying the prize claim conditions below) (each, a “Weekly Prize Draw”).
On each Monday following each Monthly Period, at ParticipACTION’s office, 77 Bloor Street, Toronto, Ontario at 12:00 PM ET, a random draw will be conducted from among all eligible ballots received during that Monthly Period for the purpose of selecting sixty (60) potential winners of a Monthly Prize (subject to satisfying the prize claim conditions below) (each, a “Monthly Prize Draw”).
On each Monday following each Quarterly Period, at ParticipACTION’s office, 77 Bloor Street, Toronto, Ontario at 12:00 PM ET, a random draw will be conducted from among all eligible ballots received during that Quarterly Period for the purpose of four (4) potential winners of a Quarterly Prize (subject to satisfying the prize claim conditions below) (each, a “Quarterly Prize Draw”, and, together with the Weekly Prize Draws and Monthly Prize Draws, the “Prize Draws”).
If, for any reason whatsoever, by the time of a Prize Draw, no eligible entries have been received or there are an insufficient number of eligible entries to award all of the Prizes allocated to that Prize Draw, any unawarded Prizes may be awarded during the next applicable Prize Draw. This process will be repeated until all Prizes for the Rewards Program are awarded.
Selected entrants will be notified through the app. In order to be declared a winner, selected entrants must: (i) correctly answer a mathematical skill-testing question; (ii) if requested, sign and return to Sponsor, a written declaration and release form, which, among other things, confirms compliance with these Rules, acknowledges acceptance of the prize as awarded, releasing the Rewards Program Entities from any liability in connection with this Rewards Program or the use, misuse, awarding or possession of any prize, and includes a release for publicity purposes (the “Release”); and, (iii) otherwise comply with these Rules. In the event that a potential winner is below the age of majority in his or her jurisdiction of residence, Sponsor may require the potential winner’s parent or legal guardian to ratify the potential winner’s Release.
Return of any prize or winner notification as undeliverable, inability to reach selected entrant, failure to provide proof of eligibility (if requested), Release, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Rules may result in disqualification, forfeiture of the prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize in accordance with these Rules, who will be subject to disqualification in the same manner.
7.Right to Void / Terminate / Suspend / Modify
Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to legal residents of Quebec, to terminate, suspend or modify this Rewards Program, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole discretion, any factor interferes with its proper conduct as contemplated by these Rules. Without limiting the generality of the foregoing, if the Rewards Program, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Rewards Program, Sponsor may, in its sole discretion and subject only to the approval of the Régie in Quebec, void any suspect entries and: (a) terminate the Rewards Program, or any portion thereof; (b) modify or suspend the Rewards Program, or any portion thereof, to address the impairment and then resume the Rewards Program, or relevant portion, in a manner that best conforms to the spirit of these Rules; and/or (c) award the prizes from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Rewards Program and/or app, violates the Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
8.Limitation of Liability and Releases
BY PARTICIPATING IN THIS REWARDS PROGRAM, ENTRANTS AGREE THAT SPONSOR, REWARDS PROGRAM ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM THE REWARDS PROGRAM, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, OR THE MERCHANDISE FOR WHICH IT IS REDEEMED (IF APPLICABLE). FURTHER, BY PARTICIPATING IN THIS REWARDS PROGRAM, ENTRANTS AGREE THAT SPONSOR, REWARDS PROGRAM ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS REWARDS PROGRAM, INCLUDING ACCESS TO AND USE OF THE REWARDS PROGRAM WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, Sponsor, Rewards Program Entities, and any of Sponsor’s other suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Rewards Program Website users, or by any of the equipment or programming associated with or utilized in the Rewards Program, or by any technical or human error which may occur in the processing of submissions in the Rewards Program; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Rewards Program Entities for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Rewards Program or in connection with the app; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
9.Protection Of Personal Information and Publicity Release
All entries become the property of Sponsor and will not be returned and no correspondence will be made with or entered into except with selected entrant(s). By participating in the Rewards Program, each entrant agrees that Sponsor, Rewards Program Entities have not made, with respect to each of their own products/services provided as a prize or part thereof (if applicable), any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Winning a prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Entrants agree to abide by these Rules. Decisions of Sponsor and/or Rewards Program Entities will be final and binding on all matters pertaining to this Rewards Program. Rewards Program is subject to all applicable federal, provincial and municipal laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. If any provision of the Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return to Sponsor his/her prize, or the cash value thereof. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE APP OR ANY WEBSITE ASSOCIATED WITH THIS REWARDS PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the email address submitted at app registration will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an access provider, service provider, or other person or organization responsible for assigning email addresses for the account associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.