The ParticipACTION Step It Up to Spring Challenge 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.
On April 1, 2022 ParticipACTION will introduce a competitive challenge, the Step It Up to Spring Challenge. The Step It Up to Spring Challenge will run from April 1, 2022 to April 15, 2022 and is open to all app users who opt-in to the challenge or are members of an opted-in team within the app. For every 7,500 steps tracked in the app, a qualifying user will earn an entry into challenge prize draws. Prizing will be awarded at an individual and team level. At the team level, each member of the team will win a prize if their team is selected. Members MUST be part of the team at the conclusion of the Step It Up to Spring Challenge to be eligible for prizes. By way of example, a user who leaves their team on April 10 will not receive a prize if their former team is one of the prize winners. All prizing will be awarded following the completion of The Step It Up to Spring Challenge. Please refer to section “Prizes and Odds of Winning” for prizing details.
1. Rewards Program Period
The ParticipACTION Step It Up to Spring Challenge Mobile App Rewards Program (the “Rewards Program”) will launch on April 1, 2022 at 12:01 AM Eastern Time (“ET”) and end on April 15, 2022 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, Sport Canada and the Ontario Trillium Foundation. (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.
2. Eligible Persons
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, teams, 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. Chances to Win
To earn chances of winning a prize, you must meet the criteria established below for each prize:
1 – Individual Prize: To earn entry into the individual Prize draws, an individual must track 7,500 steps within the app during the challenge time period. For every 7,500 steps, a user will receive an additional entry into the individual prize draws.
2 – Team Prizes: To earn entry into the Team Prize draws, participating team members must track 7,500 steps within the app during the challenge time period. For every 7,500 steps tracked by a participating team member, the team will receive an additional entry into the team prize draws.
Please refer to section “Prizes and Odds of Winning” for prizing details.
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. Team Requirements
To participate in The Step It Up to Spring Challenge, app users do not need to be part of a team. However, to be eligible for the Team Prizes, app users must be part of an eligible team. To do so, app users must create or join an existing team within the app. Teams must be a minimum of 2 participants and can be a maximum of 8 participants. In the event participant(s) leave the team during the Step It Up to Spring Challenge resulting in a team of 1, the team minutes tracked will pause until a 2nd member has joined and the minimum team size has been achieved.
6. Prizes and Odds of Winning
There are sixteen (16) prizes available to all eligible persons as described in Section 2 to be won:
– Fifteen (15) individual prizes consisting of one (1) $75 Adidas e-gift card
– One (1) team prize consisting of one (1) WaySpa Gift Card ($150) + PAC store gift card ($50)
The odds of winning a prize depend on the total number of eligible entries received between April 1 and April 15. Total value of the prizes is contingent on how many members are part of the winning team. For way of example, if the winning team has 3 members, all 3 members will receive a prize. If the winning team has 8 members, all 8 members will receive a prize.
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.
7. Winner Selection
On Wednesday, April 20 at ParticipACTION’s office, 77 Bloor Street, Toronto, Ontario at 12:00 PM ET, random draws will be conducted from among all eligible ballots received during the Step It Up to Spring Challenge for the purpose of sixteen (16) potential winners of a prize (subject to satisfying the prize claim conditions below).
Selected entrants will be notified through the app or via email. 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.
8. 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.
9. 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.
10. Protection Of Personal Information and Publicity Release
Any information provided to a third party will only be provided in a deidentified format such that no application users (i.e., participants) can be uniquely identified or linked to the collected information. Data will only be shared and stored using password protected and encrypted software and computers. Sponsor will not sell, share or otherwise disclose personal information provided in connection with this Rewards Program to or with third parties or agents, other than to third parties or agents engaged by the Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.
By accepting a prize, winner agrees to Sponsor’s use of his/her name, city/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor and its respective successors, assigns and licensees may conduct relating to the Rewards Program in any media or format, whether now known or hereafter developed, including but not limited to the internet, at any time or times in perpetuity, without further compensation or notice, and hereby releases Sponsor and the Rewards Program Entities from any liability with respect thereto.
11. General Conditions
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.
Inquiries can be directed to firstname.lastname@example.org. Inquiries regarding gift card prizes can be directed to email@example.com. Please refer to ParticipACTION’s app FAQ for additional information.