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The 5K Giveaway
CONTEST RULES AND REGULATIONS (THE “CONTEST RULES”)
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- SPONSOR: The 5K Giveaway (the “Contest“) is sponsored by Economical Mutual Insurance Company, 111 Westmount Road South, Waterloo, Ontario, N2L 2L6 (the “Sponsor“).
- ELIGIBILITY: The Contest is open to eligible members of professional or occupational associations, alumni associations, non-profit organizations, trade unions, or employment groups that have entered into an approved Economical group automobile or home insurance program (“Eligible Groups“) with one of the participating Economical brokers in this Contest or with the Sponsor at time of entry. Individuals that meet the criteria to join an Eligible Group, but that are not members of Eligible Groups at time of entry, may enter by submitting an essay of 50 to 100 words in length, as provided in Section 4 (How to Enter), but must otherwise comply with all Contest Rules. Open to legal residents of Canada over the age of majority in their province of residence at time of entry excluding residents of Quebec, the Northwest Territories, Nunavut, Yukon, Newfoundland and Labrador or employees of the Sponsor or the Sponsor’s affiliates, participating brokers, any of their affiliates or their spouses, partners, children or persons residing with them. Entrants who meet the eligibility requirements set out herein are eligible to be entered into the regional bonus draws pertaining to the entrants’ province of residence (see Section 3).
By participating in this Contest, entrants acknowledge compliance with and agree to be bound by all Contest Rules. Entrants who do not comply with any of the Contest Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion, whose decisions shall be final.
By participating in this Contest, each entrant expressly grants the Sponsor, each of its affiliated entities, agents, representatives, marketing partners and participating brokers the right to print, publish, broadcast and use in any media format now known or hereinafter developed at any time(s) their name, comments, city/town and province of residence, written entry (if applicable, as may be edited in Sponsor’s sole discretion), image, voice or video camera footage for any news, advertising, marketing or publicity purposes with respect to this Contest, without further notice, compensation or review by entrant. Each entrant consents by participating in the Contest to receive marketing materials via mail or telephone from the Sponsor, each of its affiliated entities or participating brokers. Individuals may subsequently withdraw their consent to receive marketing materials at any time without affecting their odds of winning in this Contest.
- CONTEST DATES AND TIMES: Contest begins on September 1, 2020 at 12:01 a.m. ET. Contest closes on March 31, 2021 at 11:59 p.m. ET (“Contest Period“). Closing dates for individual prizes are as follows:
After each of the Contest Closing Dates the Contest will be closed for the prizes available to be won during the respective prize period to which such Contest Closing Date corresponds and entries received after such Contest Closing Date shall not be eligible to win such prizes. The sole determinants of time for the purpose of a receipt of a valid entry will be physical receipt of a Written Submission (for mail entries) or live receipt of a telephone call by a participating broker, authorized representative of a participating broker or telephone operator (for telephone entries) as provided by the Sponsor, in the Sponsor’s sole discretion.Ten (10) cash prizes of $5,000 CDN on each of the following closing dates (each a “Contest Closing Date”):
- October 31, 2020
- December 31, 2020
- March 31, 2021
- HOW TO ENTER:Insurance Policy/Quotation Entry Method: Members of Eligible Groups at time of entry can enter by calling a participating broker (see Schedule A for list of brokers) or the Economical Sales and Service Centre at 1-866-247-7700 and: (i) providing the expiry date of their automobile or home insurance policy; (ii) requesting an automobile or home insurance quote from a participating broker or the Economical Sales and Service Centre; or (iii) entering as a current (at time of entry) automobile or home policy holder of the Sponsor by calling a participating brokers or the Economical Sales and Service Centre.
Essay Entry Method: Entrants that at the time of entry: (i) are not members of Eligible Groups, but who otherwise meet the criteria to be able to join an Eligible Group (for example, they are a type of professional that could join a professional association for that type of profession where that professional association is also an Eligible Group) and who do not want to join such Eligible Group; or (ii) that are members of Eligible Groups and do not want to enter by completing the “Insurance Policy/Quotation Entry Method” as outlined above, can enter by submitting a written essay of 50 to 100 words in length on the topic of “the importance of insurance”, along with their typed or printed complete name, telephone number and name of the Eligible Group to which they are a member or are eligible to join (collectively, the “Written Submission“), and sending the Written Submission by mail in a separate envelope with sufficient postage to either a local participating broker or to The 5K Giveaway c/o Economical Mutual Insurance Company , 111 Westmount Road South, Waterloo, Ontario, N2L 2L6, and must otherwise comply with all Contest Rules. Joining an Eligible Group is not a condition to winning any prize in this Contest.
The participating brokers in this Contest are listed in Schedule “A”.
For the purposes of this Contest, “receipt” of an entry occurs when: (i) a participating broker or phone operator as provided by Sponsor records the required information from an entrant; or (ii) physical receipt by Sponsor or participating broker, as applicable, of a Written Submission, both in the Sponsor’s sole discretion. All telephone entries must be received live and not by voicemail, fax or any other non-live means. All entries must include a complete name, phone number and expiry date(s) of an automobile or home insurance policy, if entering by providing the expiry date(s) of an existing policy(ies), to be a valid entry and are subject to verification by the Sponsor in its sole discretion. Entrants requesting an insurance quote may be required to provide insurance policy information, claims history, driving record, number of years insured and/or the value of an automobile or home.
Limit one (1) entry per person during the Contest Period for any of the above entry options. Limit one (1) prize per person.
Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, including, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entry forms that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Contest Rules will be deemed void. All entries become the property of the Sponsor upon receipt and none will be returned. No correspondence will be entered into except with selected entrants.
- CONTEST PRIZES: There are 30 cash prizes of $5,000 CDN available to be won. Taxes payable on the Prizes, if any, are the responsibility of the Sponsor.Sponsor reserve the right to award alternative prizes of the same or greater value instead of cash prizes.
All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Contest or use or redemption of a prize. All prizes are non-transferable, non-refundable and non-changeable once issued and must be accepted as awarded. The prizes (or any portion thereof) cannot be combined with other discounts, promotions or special offers. Winners may not transfer, modify, or substitute any prizes. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at time of award. Winners must submit a completed copy of the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form (“Release”) to the Sponsor and accept prizes received from the Sponsor no later than ten (10) business days of being notified of winning.
- ODDS OF WINNING: The odds of winning depend on the number of eligible entries received before the Contest Closing Dates.
- RANDOM DRAWS AND WINNER CONFIRMATIONS: Random draws will take place at 10:00 a.m. ET at 111 Westmount Road South, Waterloo, Ontario, N2L 2L6, by an employee of the Sponsor from all eligible entries received before each Contest Closing Date, with draw dates for individual prizes as set out below.Draws will take place, as applicable, following each respective Contest Closing Date (as set out in Section 3), as follows:
- Prize draws of ten (10) cash prizes of $5,000 CDN on each of the following dates:
- November 6, 2020
- January 8, 2021
- April 2, 2021
(each a “Contest Draw Date”).
Each individual chosen by random draw (“Selected Entrants“) will be deemed a winner if they meet all of the eligibility criteria set out in these Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw, in which case all Contest Rules will apply to such new Selected Entrant. Before being declared a winner, a Selected Entrant will be required to: (i) correctly answer, without assistance of any kind whether mechanical or otherwise, the Sponsor’s time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call; (ii) comply with all Contest Rules; and (iii) sign and return or submit, as applicable, a completed copy of the Sponsor’s Release, all in the sole discretion of the Sponsor. If a Selected Entrant: (i) fails to correctly answer the skill-testing question; (ii) fails to comply with all Contest Rules; (iii) fails to sign and return the Sponsor’s Release; and/or (iv) cannot accept the prize for any reason; then he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw (in which case all Contest Rules will apply to such new Selected Entrant).
The Selected Entrants will be contacted by phone within ten (10) business days of the respective draw date. Selected Entrants will be contacted using the telephone number provided at the time of entry into the Contest. If a Selected Entrant cannot be contacted within ten (10) business days, another Selected Entrant will be chosen by random draw (in which case all Contest Rules will apply to such new Selected Entrant). The Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification by the Sponsor.
- Prize draws of ten (10) cash prizes of $5,000 CDN on each of the following dates:
- RELEASE AND INDEMNIFICATION: Each winner must complete the Sponsor’s Release to: (i) confirm compliance with all Contest Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor and participating brokers, and each of their affiliates, franchisees, advertising and promotional agencies, counsel, marketing partners and each of their and their affiliates’ respective directors, officers, employees, shareholders, affiliates, successors, partners, agents, advisors, suppliers, distributors and assignees (“Released Parties“) from and against any and all manner of liability, action, cause of action, claim or demand, loss or injury, use or misuse of a prize, suit, debt, covenant, contract, including legal fees and expenses, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of the prizes as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize.The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in the Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, stolen, incomplete, damaged, delayed, mutilated or misdirected entries or Releases either prior to or after delivery to Sponsor; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
- CONDUCT: The Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be: (i) violating these Contest Rules; (ii) tampering or attempting to tamper with the entry process or the operation of the Contest; (iii) acting in an un-sportsperson-like or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any attempt by an entrant or any other individual to undermine the legitimate operation of the Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
- OTHER CONDITIONS: The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the relevant Contest Closing Date.Publicity: By participating in the Contest, entrants expressly consent to the use of their name, comments, city/town and province of residence, Written Submission (if applicable) and image on videotape, photograph or other means in any advertising, marketing or publicity carried out by the Sponsor with respect to this Contest, as may be edited or modified by the Sponsor in Sponsor’s sole discretion, without further notice or compensation, and to receive marketing materials via mail or telephone from the Sponsor, its affiliated entities or participating brokers. Individuals may subsequently withdraw their consent to receive marketing materials at any time without affecting their odds of winning in the Contest.
Law: The Contest is void where prohibited by law and subject to all applicable Canadian federal, provincial, municipal and local laws. This Contest shall be governed exclusively by the laws of the province of Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Waterloo, Ontario.
Rule amendments: The Sponsor reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.
Privacy: By entering this Contest, Sponsor may collect entrant’s name, address, phone number and information necessary to provide a quote (including insurance policy information, claims history, driving record, number of years insured and/or the value of an automobile or home), to administer entrant’s participation in the Contest, for Contest promotional purposes, and/or to provide an insurance quote, and in accordance with Sponsor’s privacy statement (available at: www.economical.com/en/privacy). The Sponsor, its affiliated entities and/or participating brokers may also use entrant’s name, address and telephone number to provide entrant with marketing materials via mail or telephone. Entrants may subsequently withdraw their consent to receive marketing materials at any time without affecting their odds of winning in the Contest.
Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are, unless otherwise indicated, owned by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited.
Language Discrepancy: In the event of any conflict, discrepancy or inconsistency between the terms and conditions of this English version of the Contest Rules (the “English Rules“) and disclosures or other statements contained in any other Contest-related materials, including, without limitation, the French version of these Contest Rules and/or point of sale, print, online or other advertising, the terms and conditions of these English Rules shall prevail, govern and control.
©2020 Economical Mutual Insurance Company. All rights reserved. All intellectual property, including but not limited to Economical® and related trademarks, names and logos are the property of Economical Mutual Insurance Company and/or its subsidiaries and/or affiliates and are registered and/or used in Canada. All other trademarks are the property of their respective owners.