DIRECT ENERGY

MARKETING LIMITED

 

ALBERTA SUPPORTING LOCAL

INSTAGRAM CONTEST

(THE “CONTEST”)

 

OFFICIAL RULES & REGULATIONS

No purchase necessary to enter or win. Neither a purchase nor an account will improve one’s chances of winning. All provincial, local and municipal laws and regulations apply. This promotion (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram LLC (“Instagram”). Instagram is not affiliated with Direct Energy Marketing Limited (the “Sponsor”). The information you provide to enter the Contest will be used for this Contest only and will be processed in accordance with our Privacy Policy. Entrants/Winner agree to “hold harmless” the Sponsor, Instagram, and agents affiliated with the Contest for any and all damages that may result from acceptance of the prize offered, and/or participation in the Contest. Void where prohibited or restricted by law.

By entering this Contest, entrant affirms that he/she has reviewed these Official Rules & Regulations (these “Official Rules”) and hereby agrees and accepts all terms and conditions contained herein. There will be one contest period. The contest will begin December 9, 2020 at 3:00 p.m. and will end on December 17, 2020 at 3:00 p.m.

1. Eligibility:

The Contest is open only to persons at least 18 years of age at the time of entry. Participants must be legal Canadian residents who reside in the Province of Alberta. Employees of Direct Energy Marketing Limited (“Sponsor”) and its respective parents, divisions, affiliates, subsidiaries, promotional or marketing agencies, and their immediate family members (parent, child, sibling and spouse) and persons living in the same households of each such employee (whether related or not) are not eligible. Participation in the Contest constitutes entrants’ full and unconditional agreement to, and acceptance of, these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Methods of Entry:

Participants can enter the contest by following the @DirectEnergyAlberta account, liking the identified post, and tagging an Alberta-based business (the “Business”) and a friend in the comments on the identified post. This will serve as the entry (the “Entry”) into the Contest. To be declared a winner, the recipient must sign a standard declaration and release form, defined herein.

With respect to the method of entry, entries per person are limited to 5. Notwithstanding anything else in these Official Rules, the Sponsor may limit the total number of entrants at its sole and absolute discretion, and if it does so, then no additional enrollment entries will be accepted.

Sponsor will not be responsible for incomplete, lost, damaged, inaccurate, deceptive or illegible Entries. Any disputes regarding Entries shall be resolved at Sponsor’s sole discretion, and Sponsor reserves the right to disqualify any Entry determined to be false, fraudulent or deceptive or that are submitted by person(s) determined to be tampering with or abusing any aspect of the Contest.

3. Prize(s):

There will be a total of ten (10) prizes (the “Prize”) awarded worth a value of $1,000.00 CAD each. Each prize will include two gift cards for the Business valued at $500 CAD each. For all questions regarding use of such prizes, winners should contact appropriate manufacturer or issuer.

Prizes are awarded “AS IS” and without guaranty, representation or warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor is not responsible for any inability of a winner to accept or utilize a Prize. Please note — if you are not able to accept or utilize the Prize, a new winner will be selected. If you do not respond to collect the prize within the specified dates in an Instagram Direct Message a new winner will be selected. You are not obligated to become or remain Sponsor’s customer to receive the Prize and may close your service account at any time as may be provided in any contractual relationship with Sponsor. Any depiction of the Prize in Contest materials or otherwise, are for illustrative purposes only.

All taxes or fees arising from participation in the Contest or the awarding of the Prize including, without limitation, income taxes are the sole responsibility of the individual winners. Sponsor reserves the right to substitute a prize of equal or greater value for any reason. Prize displayed on promotional materials is not necessarily the exact Prize being offered and may not reflect the actual Prize delivered to winners. A lost or stolen Prize will not be replaced. Winners are solely responsible for compliance with any restrictions.

Odds of winning a Prize depend on the number of eligible entries received during the Contest Period.

4. Winner Selection:

Participants that follow @DirectEnergyAlberta and tag an alberta-based business in the comment section of the identified post will automatically be added to a participant list and assigned a number reflecting their place in the entries. Following the conclusion of the contest, the range of submissions will be placed in an automated number generator. The number pulled by the automated number generator will correspond to an entry, reflecting the prize winner. The Direct Energy & Direct Energy Regulated Services team will Direct Message the winner on Instagram to inform them they have won and gather further contact information. Prize coordination will then be done via email and/or phone.

The winner will be required to successfully answer a mathematical skill-testing question before he or she will be determined to be a winner. Failure to correctly answer the question will result in that person being disqualified (for that drawing) and another potential winner will be selected at Sponsor’s sole discretion. The selected entrant may not substitute a third party to answer the skill testing question on his/her behalf. By entering, entrants agree to be bound to the decisions of the Sponsor, which will be final and binding in all respects.

The winner will be required to sign a Standard Declaration and Release Form (the “Release”) that will be provided by Sponsor. Failure to sign the required documents will cause forfeiture of the Prize. Failure to comply with any terms or conditions of these Official Rules, may result in the winner’s disqualification, forfeiture of his or her interest in the Prize, and the award of the Prize to an alternate potential winner. The winner may waive his or her rights to receive the Prize. No Prize transfers, substitutions, assignment, exchange or cash redemptions or cash equivalents are permitted except at the sole discretion of Sponsor.

In the event of such a forfeiture, or if the potential winner doesn’t respond to claim their prize, or if a potential winner declines acceptance of a Prize, the Sponsor has a right to randomly select an alternate potential winner at Sponsor’s sole discretion.

5. Limitations of Liability/Indemnification:

By entering this Contest, entrants shall indemnify, defend and hold harmless Direct Energy, and its parent, its affiliates, subsidiaries, directors, officers, governors, representatives, dealers, advertising and promotion agencies, judging organizations, employees, agents and partners, (herein, the “Released Parties”) from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either: (i) Entrant’s participation in the Contest; or (ii) the receipt or use of the Prize awarded herein; or (iii) the administration of the Contest and distribution of the Prize awarded herein; and (iv) any and all claims, judgments, damages, liabilities, penalties and fines of any kind, stemming from participation in this Contest.
Entrants hereby release, waive and discharge any and all claims of damage, loss or causes of action (including, negligence), including (but not limited to) death, personal injury or loss or damage to property, which the entrant or any of the entrant’s representatives, heirs, next of kin or assignees (“Entrant’s Representatives”) may have or which may hereinafter accrue to the entrant or Entrant Representatives against the Released Parties as a result of the entrant’s participation in the Contest or the receipt or use of the Prize awarded herein.
6. Winner’s Consent: By accepting the Prize, the Winner hereby consents to use of name, photograph, likeness, testimonial and biographical information for advertising and promotional purposes online and in print, or in any other media worldwide in connection with the Contest, without limitation or notice to, or further consent of, and without compensation worldwide and in perpetuity, except where prohibited by law. By accepting the Prize, winner hereby further agree to release Sponsor and its subsidiaries, affiliates and related companies and each of his or her respective officers, directors, employees and agents, from any and all liability, loss or damage of any kind arising out of, or in connection with, winner’s participation in this Contest, or with respect to the awarding, receipt, possession, use and/or misuse of the Prize.

7. Governing Law:

The Contest and these Official Rules shall be governed according to the laws of the province of Alberta, Canada, without regard to principles of conflicts of laws. All claims, actions or suits must be brought in a court of competent jurisdiction in the province of Alberta, Canada.

8. Force Majeure:

The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

9. Severability:

If any term and/or section in these Rules and Regulations is to any extent illegal, otherwise invalid, or incapable of being enforced, such term/section shall be excluded to the extent of such invalidity or unenforceability; all other terms/sections hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term/section shall be deemed replaced by a term/section that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term/section.

10. Privacy:

Sponsor collects personal data about entrants, in accordance with its privacy policy. Please review the Direct Energy privacy policy https://www.directenergy.ca/privacy-policy/canada-privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. Your information may be processed outside of Canada. You may contact our Privacy Officer for information on our policies and practices regarding service providers outside of Canada at DirectEnergy.ca.

11. Winner Entry Information:

To obtain proof of the Contest winner’s submission, send a self-addressed stamped envelope to: Direct Energy, Attn: Contest Administrator, 530 8th Avenue SW, Suite 2500 Calgary-AB T2P 3S8.

Note:

This promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Facebook.