Rules

NEWSCHOOLERS’ KING AND QUEEN OF THE PARK – BANFF SUNSHINE CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

OPEN ONLY TO LEGAL RESIDENTS OF CANADA (EXCLUDING RESIDENTS OF QUEBEC) WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR HOME PROVINCE AT THE TIME OF ENTRY.



The King and Queen of the Park – Banff Sunshine Contest (the “Contest”) is sponsored by Banff Sunshine Village Ski and Snowboard Resort of 1 Sunshine Access Rd, Banff, AB T1L 1J5 (the “Sponsor”). There are two (2) First Prizes to be awarded – one for the King and one for the Queen!


CONTEST PERIOD. The Contest begins on May 1, 2023 at 12:01 AM Mountain Standard Time (“EST”) and ends on May 14, 2023 at 11:59 PM EST (the “Contest Period”). The Sponsor’s computer will be the official clock of the Contest.




UPLOAD AND PUBLIC VOTING DATES:

Entrants can upload their videos between May 1, 2023 at 12:01 AM EST and May 14, 2023 at 11:59 PM EST.

Members of Newschoolers.com can vote for their favorite video(s) between May 15, 2023 at 12:01 AM EST and May 19, 2023 at 11:59 PM EST.


ELIGIBILITY: This Contest is offered only to legal residents of Canada (QUEBEC Residents excluded) who are over the age of majority in their home province at the time of entry. The Sponsors and their parent companies, subsidiaries and affiliates, advertising agencies, distributors, dealerships and other companies/consultants involved in the design, production, execution, distribution, implementation and execution of the Contest, including Sunshine Village Corporation (“Sunshine Village”), are collectively referred to herein as the Contest entities (the “Contest Entities”). Employees of the Contest Entities and each of their respective immediate family members (i.e. spouses, parents and step-parents, children and step-children, siblings and step-siblings) and persons living in the same household of each are not eligible to participate in the Contest. The Contest is subject to all federal, provincial and municipal laws, and is void where prohibited or restricted by law. By participating in this Contest, an individual who meets the eligibility requirements and enters the Contest (each individually, an “Entrant” and collectively, the “Entrants”) agrees to be bound by these official rules (the “Official Rules”) and all decisions of the Sponsor, and agrees that the decisions of the Sponsor and the Sponsor’s agents shall be final and binding in all matters pertaining to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.




HOW TO ENTER: You must be a Newschoolers registered member to enter (registration is free).

Newschoolers Membership: If you aren’t a registered member, go to www.newschoolers.com, click on the “register” tab and complete the form with: username, email, password, full name, gender, province of residence, and the type of information you’d like to receive in the future from Newschoolers.com (if you’d like to receive any information). You may unsubscribe from updates from Newschoolers.com at any time.

Enter the Contest: First, create a Contest video (see below for video requirements), then go to the Contest landing page at www.newschoolers.com. Follow the on-screen directions to enter and upload your video to the Contest.

Contest Video: Your Contest Video (the “Video”) must show the Entrant performing three skiing “tricks” of your choice.

IMPORTANT: Do not attempt tricks that are above your ability level.

Video Restrictions: Your Video must comply with all of the following requirements. If it does not comply, your Video may be disqualified at the Sponsor’s sole discretion.


Maximum Length: one (1) minute.
Videos must not have any added audio (e.g. music, sound effects).
Multiple angles may be shown in the Video, but every trick must have at least one angle that shows the trick in its entirety from takeoff to landing.
Any clips used to produce the Video must have been filmed in the last two (2) years.
Videos must: be truthful, contain all original content (nothing copied from others), be self-produced, be unpublished (this includes on social media platforms, personal or otherwise, including but not limited to: Facebook, Instagram, Twitter,TikTok), have not been used in another competition, be in compliance with all applicable laws, rules and regulations, not infringe on third party rights, and not infringe on any copyright or trademark.
Videos must be filmed in terrain parks at Banff Sunshine Village Ski and Snowboard Resort, (the “Resort”), with recognizable landmarks identifying Banff Sunshine’s parks..

Entry Limit: The Contest is limited to one (1) entry per person. Entrants attempting to use multiple accounts or identities may be disqualified, at the sole discretion of the Sponsor. Entries received from any Entrants in excess of the stated limitations will be void and of no effect or consideration.

Social Media: By participating in the Contest, Entrant understands that the Contest is in no way sponsored, endorsed, administered by, or associated with: Facebook, Instagram, Twitter, YouTube, Google+, or any other social media site, and that the Entrant is providing his or her information to Sponsor and its designees only. Further, Entrant specifically agrees to release Facebook, Instagram, Twitter, TikTok, YouTube and Google+ from any and all liability associated with this Contest.


ADDITIONAL VIDEO DETAILS:

Video Ownership: Entrant must own all Video content and any person who appears in the Video, is identified in the Video, or helped produce the Video must grant ownership rights to the Entrant. The Entrant must have a signed/dated written statement from any such person acknowledging the transfer of any ownership rights they may have in the Video to the Entrant.

Video Rights: Entrant agrees that by submitting the Video (and related content) in the Contest, the Entrant thereby grants to the Sponsor and to Sunshine Village the non-exclusive, royalty-free, and irrevocable rights to use, post, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Video (and related content) and to incorporate the Video (and related content) in other works in any and all markets and media worldwide in perpetuity and without any payment to Entrant, and without any rights of attribution and integrity. Entrant warrants that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor’s reproduction, publishing, displaying and/or other use of the Video (and related content) will not infringe on any rights of third parties, including without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contact. Entrant agrees to indemnify and hold harmless the Released Parties (defined below) from any claims to the contrary. By entering and/or accepting a Contest prize, the Entrant/winner/potential winner also waives any and all moral rights to the Video and related content.

Inappropriate Videos: Any Video which Sponsor, in its sole discretion, deems to be inappropriate for publication will be disqualified. Videos containing the following types of content will be declared inappropriate and disqualified:


Videos shall NOT contain (or promote) swear words, violence, nudity, pornography, sexually explicit/suggestive material, illegal/dangerous/unsafe activities, any form of hate, harassment, discrimination, defamation, derogatory terms, obscene/offensive material, endorsements of alcohol/legal or illegal drugs/tobacco, or firearms/weapons, or a particular political agenda.
Videos shall NOT defame, misrepresent or disparage the Sponsor, its products or any other company/product/group or person, or be derogatory of any person/group; and
Videos shall NOT contain any personal identification, including, but not limited to names, email addresses, social media usernames, street addresses of any person (living or dead), vehicle licence plate numbers.
Videos shall NOT contain dangerous activities of any kind.




PUBLIC VOTING AND JUDGING: votes are limited to one (1) per person, per Video. For each eligible Video, voters must choose either an “upvote”, “downvote”, or to make no vote. Votes will be compiled and Judges’ scores will be impacted by total public votes. Any ties will be broken by random selection conducted by the Sponsor, in its sole discretion. Four (4) qualified judges (each, a “Judge” and collectively, the “Judges”) will be selected to judge the Videos. The following criteria will be used to select the winners (one “King” and one “Queen”): (a) 25% on Creativity of the Video; (b) 25% on Public Voting; (c) 50% on Judge’s Overall Impression of the Video.




PRIZES:

First Prize: One (1) first prize of $1000.00 CDN for each of the “King” and “Queen” of the Park.

General Prize Conditions: Any costs and expenses associated with a prize that are not specifically stated in these Official Rules as included are the sole responsibility of a winner. Prize is non-transferable and non-assignable. If a potential winner is found to be ineligible, non-compliant with these Official Rules, declines to accept a prize or does not properly redeem a prize, the said potential winner may, at Sponsor’s sole discretion, forfeit the applicable prize and an Alternate Winner Selection may be performed. A prize can only be substituted, at Sponsor’s sole discretion, with a prize of equal or greater value. At Sponsor’s discretion, unclaimed prizes may not be awarded. No more than the stated number of prizes in these Official Rules will be awarded.


HOW TO CLAIM A PRIZE: Within three (3) days of the close of voting and judging for the Contest, a potential winner will be sent an email notification with further instructions on how to claim his/her prize. A winner is deemed to be a potential winner pending verification of his/her eligibility and compliance with these Official Rules as determined by the Sponsor, at Sponsor’s sole discretion. Entrants are responsible for monitoring his or her email account to check for any email winner notification from the Sponsor.

Winner Responsibilities: The potential winner will be required to execute: a) an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release, and b) any additional documents as determined to be necessary at the discretion of Sponsor, including the Sunshine Village Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (collectively, the “Prize Claim Documents”). If the potential winner fails or refuses to execute and return all Prize Claim Documents as directed by the deadline date stated in the prize notification (or within a stated number of days), the potential winner may be disqualified and an Alternate Winner Selection may be performed. In the event that an email notification to a potential winner (or any other communication with a potential winner) is returned as undeliverable, or is not responded to by the stated deadline date or within the stated number of days (or if not time period is stated, after a reasonable time), or if the potential winner does not comply with all terms and conditions set forth in these Official Rules, the potential winner may, at the Sponsor’s sole discretion, be disqualified, the prize forfeited and an Alternate Winner Selection may be performed. The Sponsor is in no way responsible or liable to Entrants or winners who may have changed their email addresses after entry submissions.

Tax Responsibility: ALL FEDERAL, PROVINCIAL, LOCAL AND OTHER TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF A WINNER. Should tax liability arise, it will be the responsibility of the winner to notify their own Government’s relevant tax department. The Sponsor takes no responsibility or liability for taxation or for any other costs incurred in connection with the prizes received in this Contest.


LIMITATION OF LIABILITY: By participating in this Contest, Entrants agree that the Contest Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and their respective officers, directors, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable communications, email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions; failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet Page/Usenet accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Page user, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or unauthorized access to the Page or any Contest-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.

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 in the Contest, the Entrant’s sole remedy is to enter the Contest again (if the Contest has closed, then the Entrant shall have no other remedy apart from the possibility of entering a future contest of the Sponsor, with the understanding that there is no guarantee of any such future contest). If, for any reason, the Contest is not capable of running as planned, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of winners in a manner it deems fair and reasonable. The Contest is subject to all federal, provincial, and local laws and regulations.

By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all appliable laws and by the decisions of Sponsor which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, damages, costs and expenses (including, without limitation, reasonable solicitor-client fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s Video (and related content), participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Contest materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or wilful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or stroke (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other causes beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Contest; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission or any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Page or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption or inability to access the Contest, the Page or any other Contest-related websites or any online service via the Internet due to hardware or software compatibility programs; (k) any damage to Entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (p) the negligence or wilful misconduct by Entrant.

Without limiting the foregoing, everything regarding this Contest, including the Page and Contest prize component(s), are provided “as is” without 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.


DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event solicitor-client or other legal fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) years from the time the cause of action accrued, or the cause of action shall be forever barred.




PRIVACY POLICY: By entering the Contest, Entrants consent to the Sponsor’s collection, use and disclosure of the personal information provided in the Newschoolers.com and Contest registration for the administration of the Contest and only for other identified purposes. Any personally identifiable information collected during an Entrant’s participation in the Contest will be protected by the Sponsor, collected by Sponsor or its designate and used by the Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfilment of the Contest as described in these Official Rules and in accordance with the Privacy Policy as stated at https://www.americanmediainc.com/privacy-policy/.




PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each Entrant agrees to allow Sponsor and/or Sponsor’s designate the perpetual right to use his or her name, biographical information, photos and/or likeness, Videos and statements (and if declared a winner, the winner’s address) for contests/promotions trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.




WINNER RELEASE AND WAIVER OF CLAIMS: By accepting a Contest prize, a winner agrees to voluntarily waive, release and relinquish any and all claims, damages, losses, expenses, remedies, demands, debts, obligations, causes of action and/or claims for relief (collectively, the “Claims”), that a winner may have against the Released Parties and agrees to discharge, to indemnify and hold harmless the Released Parties from all Claims arising out of or relating to the Contest and/or a Contest prize, including but not limited to Claims for bodily injury, personal injury, emotional distress, property damage, or death and/or dismemberment (collectively, “Damages”), occurring to a winner or others. In addition, by accepting a prize, a winner agrees to be responsible to research the details about a prize including any inherent dangers associated with a prize and as a result agrees to accept personal responsibility for any such dangers and any resulting Damages.




GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected, at Sponsor’s sole discretion, that an Entrant has registered or attempted to register more than once using multiple email addresses, identities, or accounts; proxy servers or like methods, all of that Entrant’s entries and Videos will be declared null and void, and that Entrant may be ineligible to win a prize. Also, if it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, at Sponsor’s sole discretion, be disqualified from the Contest. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the person who appears in the Video. The Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, THE PAGE, OR TO UNDERMINE THE LEGITIMATE OPERATION of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest promotional materials, the details of the Contest set forth in these Official Rules shall prevail. If any provision of these Official Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.



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Prizes

Prizes:
Queen of the Park: $1,000
King of the Park: $1,000