TUNNEL CLUB TAKEOFF CONTEST
OFFICAL RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: Tunnel Club Takeoff Contest (the “Contest”) begins at 8:00 a.m. ET on May 11, 2024, and ends at 11:59 p.m. ET on October 2, 2024 (the “Contest Period”). The contest will be divided into thirteen (13 draw dates (each a “Draw Date”, collectively the “Draw Dates”). The Draw Dates will be outlined below in section 4 of the Official Rules.
(2) ELIGIBILITY:
The Contest is only open to legal residents of Canada, excluding Quebec (the “Territory”), who are eighteen (18) years of age or older at the time of entry (each an “Entrant”). Employees and the immediate family members (including those with whom they are domiciled) of Maple Leaf Sports & Entertainment Partnership (“MLSE”), Koninklijke Luchtzaart Maatschappij d/b/a KLM Royal Dutch Airlines (“KLM”, and together with MLSE, the “Contest Sponsors”), the Toronto Football Club (“TFC”), Major League Soccer and its member teams (“MLS”), Soccer United Marketing, L.L.C., MLS Canada ULC, and each of their respective parent companies, subsidiaries, affiliates, directors, officers, governors, agents, their advertising and promotional agencies (together with Contest Sponsor, the “Released Parties”) are not eligible to enter the Contest. Determinations of eligibility shall be made in the sole discretion of the Contest Sponsor.
(3) HOW TO ENTER: NO PURCHASE NECESSARY.
During the Contest Period, each Entrant must complete the following steps in order to obtain one (1) entry into the Contest draw (each an “Entry” and collectively “Entries”):
Open or download the official TFC App (the “App”), available for iOS and Android, and click on the Contest tile; and
Complete all necessary fields (first name, last name, email address) to receive one (1) Entry into the Contest
There is a limit of one (1) entry per person during the Contest Period. An Entry will be declared invalid if they are incomplete, damaged, irregular, or mechanically or electronically reproduced. If it is discovered by the Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsor) that any person has attempted to use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter the Contest more than once or to otherwise participate in or disrupt this Contest, they may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.
The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsor.
(4) PRIZES:
There are nine (9) prizes (each a “Prize”) available to be won during the Contest Period. There are two (2) grand prizes (each “Grand Prize”)
Prize
Draw Date
Approximate Retail Value
Two (2) TFC Branded Scarfs
Two (2) TFC Branded Scarfs
Four (4) TFC Branded Scarfs
Two (2) TFC Branded Scarfs
Four (4) TFC Branded Scarfs
Four (4) TFC Branded Scarfs
Four (4) TFC Branded Scarfs
Two (2) TFC Branded Scarfs
Four (4) TFC Branded Scarfs
Two (2) TFC Branded Scarfs
Each Prize Winner and their guest acknowledge and accept all risk of damages, injury or other loss incidental to any game for which tickets are issued, whether occurring before, during or after the game, and hereby voluntarily agree to assume the same. The Contest Sponsor reserves the right to refuse admission and/or to expel from a game and/or any other aspect of the Prize, any person whose conduct is deemed by them to be objectionable. Expulsion from the game cancels the tickets for the offending individual(s) and the individual(s) thereupon forfeit(s) all claims with respect to the tickets. Participation in the Prize is subject to compliance with all applicable laws, by-laws, regulations and any applicable facility or carrier rules; failure to comply may result in non-admission or expulsion from further participation in the Prize.
A Prize Winner is not entitled to any difference between the actual value of the Prize and the approximate retail value stated herein. Each Prize Winner must follow all directions of the Contest Sponsor with respect to the Prize or any aspect thereof. Failure to do so may result in termination of participation, or continued participation, in the Prize or any aspect thereof. Each Prize must be accepted as awarded without substitution and is not transferrable, refundable, for resale or convertible to cash. The Contest Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning a prize depend on the number of entries received.
(5) WINNER SELECTION:
At approximately 10:00 a.m. on the each of the Draw Dates indicated above, one (1) Entrant will be selected (each, a “Selected Entrant”) by random draw to be eligible to win a Prize. The random draw will take place at the head office of MLSE, or such other location in Ontario as the Contest Sponsors may determine. There is a limit of one (1) Prize per Selected Entrant.
Each Selected Entrant for a Prize will be notified of their selection by the contact information provided in the App. If a Selected Entrant cannot be contacted or fails to respond within forty-eight (48) hours of the first attempt of contact by the Contest Sponsors, they will be considered to have forfeited their Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with a Selected Entrant or there are no more eligible Entries, whichever comes first (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsors will not be responsible for failed attempts to contact any Selected Entrant.
(6) CLAIMING YOUR PRIZE
To be declared a winner (“Winner”), each Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question posed either by telephone or email at the telephone number or email address on the account of record for that Selected Entrant, or on their no-purchase mail-in Entry, as applicable. The Selected Entrant will be required to sign a Declaration, Release and Waiver Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Released Parties from any liability in connection with the Prize or the Contest. The Winner of the round trip flight prize will be responsible for completing the Winner Information Form (“Winner Information Form”) and must comply with the Terms and Conditions, both of which are attached to the Official Rules as Schedule “A”.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the mathematical skill-testing question or does not sign and return the Release Form to the Contest Sponsors within the time-frame specified, that Selected Entrant will forfeit their Prize and the Contest Sponsors shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of any Prize (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsors are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant. The Contest Sponsors will contact each Winner following receipt of their signed Release Form to arrange for delivery of the respective Prize.
(7) GENERAL RULES
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
(8) INDEMNIFICATION
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and their representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(9) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or for any technical or human error which may occur in the processing of Entries, the selection of the Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person's computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant's or any other person's computer equipment resulting from an Entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
(10) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsor. The Contest Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In their sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.
(11) PRIVACY AND PUBLICITY RIGHTS
By accepting a Prize, each Winner agrees to allow MLSE and its respective subsidiaries and affiliates, promotional and advertising agencies and representatives the right to use their name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes in connection with this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Contest Sponsor respects your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsor to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by (a) MLSE, please refer to the privacy policy available at http://www.mlse.com/privacy, or (b) KLM, please refer to the privacy policy available at https://www.klm.ca/information/legal/privacy-policy.
(12) TRADE-MARKS
All Trade-marks are the property of their respective owners.
(13) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The Contest Sponsor and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.