Square #YYCSpotlight Contest Terms and Conditions

OFFICIAL RULES

ENTRANTS MUST BE AT LEAST 18 YEARS OLD AND RESIDENT OF GREATER CALGARY AREA TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. FOR THE AVOIDANCE OF DOUBT, ENTRANTS ALSO INCLUDE A NOMINATED BUSINESS.

THE CONTEST WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATIONS AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) AS DIRECTED IN A NOTICE FROM SPONSOR OR PRIZE MAY BE FORFEITED IN SPONSOR’S SOLE DISCRETION. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

ENTRY VIA TWITTER AND A TWITTER ACCOUNT OR ENTRY VIA INSTAGRAM OR AN INSTAGRAM ACCOUNT (EACH A “SOCIAL MEDIA ACCOUNT”) AND INTERNET CONNECTION ARE REQUIRED. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC. (“TWITTER”) OR META PLATFORMS, INC. (“INSTAGRAM”).

BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. SPONSOR

The #YYCSpotlight Contest (the “Contest”) is sponsored by Square Canada, Inc., 5000 Yonge Street, Suite 1501, Toronto, Ontario M2G 7E9 (“Sponsor” or “Square”).

2. ELIGIBILITY

The Contest is open only to legal residents of the Greater Calgary Area, Alberta (“GCA”) who are at least eighteen (18) years of age or older at the time of entry. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or of Calgary Sports and Entertainment Corporation (“CSEC”), or their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Contest Entities”) are not eligible. For the purposes of the Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).

3. CONTEST PERIOD:

The “Contest Period” begins at 9 AM Mountain Time (“MT”) on JULY 6, 2022 and ends at 11:59 PM MT on JUNE 30, 2023. Prize Winners will be selected during the Contest Period.

4. HOW TO ENTER:

There are two (2) ways to enter the Contest (each, an “Entry”):

1. During the Contest Period, eligible entrants can visit Sponsor’s Instagram page at instagram.com/squarecanada, comment on the Sponsor’s eligible Contest posts per round (as described in paragraph 5 below) and tag a GCA business in the comments together with a description as to why it is the entrant’s favourite business. For one (1) additional entry, entrants can share the Contest post to their Instagram Stories with #YYCSpotlight tagging both @SquareCanada and @Interac. In order to be eligible, the entrant’s Instagram entry must be submitted and received in accordance with these Rules during the Contest Period (as determined by the Sponsor in its sole and absolute discretion). The entrant must have a valid Instagram account that is set to “public” and must follow and be able to receive direct messages from the Sponsor’s Instagram page to enter the Contest via Instagram. If the entrant does not have an Instagram account, they can visit www.instagram.com and follow the on-screen instructions to sign-up for a free Instagram account, which includes acceptance of Instagram’s terms of service and privacy policies.

2. During the Contest Period, eligible entrants must log on to Twitter using their personal Twitter account, tweet their favourite GCA business together with a description as to why it is the entrant’s favourite business, tag both @SquareCanada and @Interac and use the hashtag # YYCSpotlight in the tweet. In order to be eligible, the entrant’s Twitter entry must be submitted and received in accordance with these Rules during the Contest Period (as determined by the Sponsor in its sole and absolute discretion). The entrant must have a valid Twitter account and must follow and be able to receive direct messages from the Sponsor’s Twitter page to enter the Contest via Twitter. If the entrant does not have a Twitter account, they can visit www.twitter.com and follow the on-screen instructions to sign-up for a free Twitter account, which includes acceptance of Twitter’s terms of service and privacy policies.
   Entrants may only nominate one (1) business per Instagram comment or Tweet. Entrants may nominate up to three (3) businesses in three separate Instagram comments or Tweets per round (as described in paragraph 5 below).

Sponsor, in its sole discretion, may accept a technically incorrect hashtag. Sponsor may disqualify an Entry if the Entry or related tag includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any Entry or related tag which, in Sponsor’s opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of the Social Media Account used, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Contest. For purposes of this Contest, only Entries that are recorded through Instagram’s or Twitter’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest. The Instagram or Twitter (as applicable) database clock will be the official timekeeper for this Contest. Entrants may only submit an Entry through either Instagram or Twitter to be eligible. Multiple entrants are not permitted to share the same Social Media Account. Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial contest subscription notification or entering services, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Contest in accordance with its online privacy policy, located at https://squareup.com/ca/en/legal/general/privacy-no-account.

NOTE ABOUT INSTAGRAM AND TWITTER

Contest Entities are not responsible for any changes or unavailability of Instagram’s or Twitter’s services that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram or Twitter for the Contest as set forth herein that are not acceptable to Sponsor) or ability of an entrant to timely enter, receive notices or communicate with Sponsor via Instagram or Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. It is a potential winner’s responsibility to set their social media account to accept contact by Sponsor and to timely check such account for any Sponsor direct messages.

5. WINNER SELECTION

There will be fourteen (14) winners chosen, one (1) for each of the following rounds:

Entries not selected as the winner for a round will not be eligible for judging in subsequent rounds, though entrants may submit new entries for subsequent rounds.

Entries across all Instagram and Twitter received by the applicable entry cut off date as above will be qualified for consideration and judged by a panel of judges (“Judges”) selected by Sponsor in its sole discretion. Entries shall be judged by the Judges based on the following criteria according to the percentage weights indicated:

• Quality of Entry content (i.e.. sentimentality, personal stories, uniqueness) (50%)

• Overall social media presence of both the entrant and the nominated business align with sponsor’s brand (45%)

• Presence of Entry content on Instagram Stories (5%)

The Entry that receives the highest total score for each round (as determined by the Sponsor in its sole and absolute discretion) will be eligible to win the applicable prize (as set out in paragraph 7 below). In the event of a tie, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order to break the tie. All Judges’ decisions are final and binding in all matters relating to this Contest. Odds of a nomination being selected depend on the number of entries received and the calibre of the entries in meeting the criteria identified above.

6. WINNER NOTIFICATION

Sponsor reserves the right to contact entrants for verification purposes and administration of the Contest. Winners will be notified by direct message on the social media account on which they entered on or around the applicable date set out in paragraph 5 above. Each entrant and the nominated business will have 48 hours from the sending of the direct message to accept all terms and provide all necessary information.
If either the entrant or the nominated business fail to respond and complete and return all required documents within the required time period or otherwise fail to comply with these Official Rules, neither such entrant or business shall receive any prize.
Any prize or Contest-related communication shall be rejected if a selected entrant or their nominated business does not respond according to Sponsor’s instructions. As a condition of being confirmed a winner, each entrant and the nominated business must complete, execute, and return a declaration and release (the “Release”) and any required tax documents without alteration and within such time period specified by Sponsor or the entrant will forfeit their prize and an alternate winner and nominated business may be selected as described below. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant or nominated business. The Release is subject to verification by Sponsor.

If any winner notification or other Contest communication (to either the entrant or their nominated business) is rejected or returned as undeliverable, if a potential winner or their nominated business cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a winner or their nominated business cannot attend or participate in any portion of the Prize, or if the potential winner or their nominated business fails to respond to a winner notification and/or to sign and return the Release within the time periods required by Sponsor, the Prize will be forfeited in Sponsor’s sole discretion and an alternate winner and nominated business may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to two (2) alternate winners for the Prize, at which point the Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a winner and their nominated business must follow the directions in the notification.

7. PRIZES

There are fourteen (14) prizes available to be won:

For Entrants: All confirmed winning Entrants shall receive a fan prize pack consisting of (i) a $500 eGift card from NUPO and (ii) a $100 eGift card from a Calgary Square seller (as determined by Sponsor). Prizes will be delivered to winners via email.

For Nominated Businesses: Subject to acceptance of these Official Rules, Confirmed winning nominated businesses will receive either a McMahon package or a Saddledome package, both as described below. The applicable package will depend on the round for which the nominated business is confirmed a winner, also as below.

McMahon Stadium Business Prize Package:

• Square Register ($899) OR 1 year subscription to a Square Online Premium Plan ($1020), excluding payment processing fees
• Advertising through sideline LED exposure for a Calgary Stampeders home game, as noted below (equal to or less than 3 minutes)
• Advertising through Scoreboard and Matrix exposure for a Calgary Stampeders home game, as noted below (equal to or less than 3 minutes)
• Advertising through broadcast-visible North End Zone LED exposure for a Calgary Stampeders home game, as noted below (equal to or less than 10 minutes)
• $1,000 sent by Interac e-Transfer®; AND
• Two Tickets to one Calgary Stampeders home game, as noted below (approx. value $400)

Saddledome Business Prize Package:

• Square Register ($899) OR 1 year subscription to a Square Online Premium Plan ($1020), excluding payment processing fees
• Advertising space at the Scotiabank Saddledome Stadium through LED exposure on the 720 foot LED Power Ring, the two (2) rings on the Score clock and along row fourteen (14) of the arena, as noted below (equal to or less than 2 minutes)
• $1,000 sent by Interac e-Transfer®; AND
• Two Tickets to one Calgary Flames home game, as noted below (approx. value $400)

Sponsor is not responsible for and will not replace any lost, mutilated, or stolen Prize or any Prize that is undeliverable or does not reach a winner because of an incorrect or changed contact information. Sponsor is not responsible for and winners will not receive the difference, if any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or materials. Sponsor is not responsible for any inability of any winner to accept or use any Prize (or portion thereof) for any reason. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. If for any reason any prize-related event is modified, delayed, canceled, or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Contest in its sole discretion and may award a substitute prize of equal or greater value. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.

8. LICENSES AND APPROVALS

By submitting an Entry, entrant represents and warrants that they meet all eligibility criteria for participation in the Contest. In addition, by submitting an Entry in this Contest, entrants grant the Contest Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit their name, voice, persona, likeness, image, prize information, any quotes attributable to entrant (including the content of their Instagram/Twitter nomination), biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Contest, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and entrants release all Releasees (defined below) from any and all liability related thereto. The license and rights granted by entrants may include, without limitation, on-location appearances and any photographs, videos, trademarks, slogans or other materials Entrant provides to Sponsor. Nothing contained in these Official Rules obligates the Contest Entities to make use of any of the rights granted herein and Entrant waives any right to inspect or approve any such use. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, INCLUDING A NOMINATED BUSINESS, ENTRANT’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANT’S NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST AS WELL AS USED IN ANY AND ALL MEDIA AT THE DISCRETION OF SPONSOR AS A PART OF PARTICIPATING IN THE CONTEST AND THE OFFICIAL WINNER NOTIFICATION.

9. LIMITATION OF LIABILITY

The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Contest-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Contest related materials; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention; (e) technical or human error that may occur in the administration of the Contest or the processing of Entries; (f) any error, omission, interruption, defect or delay in transmission or communication; (g) viruses or mechanical malfunctions; (h) errors, typos, or misprints in these Official Rules, in any Contest related advertisements or other materials; (i) third party claims that entrants (including nominated businesses) materials infringe, misappropriate, or violate any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or rights of privacy or publicity; or (j) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in entrant’s email account. Sponsor is not responsible, and may disqualify an entrant, if their email address, telephone, or other contact information does not work or if it is changed without entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contest, entrant’s sole remedy is another Entry in the Contest.

AS A CONDITION OF PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE CONTEST ENTITIES, INSTAGRAM, TWITTER AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

10. ADDITIONAL DISCLAIMERS

Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the Prize or any part thereof in the event that any of the Contest activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

11. DISPUTES AND GOVERNING LAW

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL LEGAL FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Province of Alberta, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in Calgary, Alberta, and each entrant accepts and submits to the personal jurisdiction of these Alberta courts with respect to any legal actions, suits or proceedings arising from or relating to this Contest or these Official Rules.

12. GENERAL RULES

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Contest, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the Prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Social Media Account of record for the account submitting an Entry during the Contest Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential winner may be required to provide Sponsor with proof that they are the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion. Any damage made to the Instagram or Twitter service will be the responsibility of the registered account holder of the email address for the Social Media Account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.