Canadian Mountain Holidays LP
CMH Heli Skis Giveaway 2023
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. CONTEST ORGANIZER. The “CMH Heli Skis Giveaway 2023” (the “Contest”) is sponsored by Canadian Mountain Holidays LP (“Contest Organizer”) and the address at which Contest Organizer may be contacted is 217 Bear Street, Box 1660, Banff, AB, Canada T1L, 1J6. None of Instagram, Smith Optics, nor Emily Beaudoin is a sponsor or administrator of the Contest, the Contest is in no way endorsed by any of them, and they shall have no responsibility or liability with respect to the Contest.In the United States, the Contest shall be known and governed as a sweepstakes.
2. ENTRY PERIOD. The entry period for the Contest shall be as follows: Thursday, March 9th, 2023 from 4:30p.m. Mountain Time (“MT”) through Friday, March 17th, 2023 at 9:00a.m. MT (the “Entry Period”). Contest Organizer’s computer is the official timekeeper for the Contest.
3. ELIGIBILITY. The Contest is open only to eligible entrants who, as of the entry date, are: legal resident of Canada (excluding residents of the Province of Quebec) and the fifty (50) United States or the District of Columbia, who have reached the age of majority in the province or state in which they reside. Entrants must also have internet access in order to enter. This Contest is void outside of eligible territories (including in Quebec). Employees, officers and directors of Canadian Mountain Holidays LP, Canadian Mountain Holidays Inc., Alterra Mountain Company Canada, Smith Optics, Emily Beaudoin, and all of their respective parents, affiliates (including, without limitation, division), subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members (defined as spouses, parents, children, siblings grandparents, and their respective spouses) or members of the same household (whether related or not) of each such Employee, officer or director, are not eligible to enter. The Contest is subject to all applicable federal, provincial, state and local laws and regulations. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within Canada and the United States or the District of Columbia, and entrants must be present in Canada or the United States or District of Columbia at the time they enter.
4. HOW TO ENTER. There is only one (1) way to enter the Contest, which is online: During the Entry Period, log in to your Instagram Account and: (a) follow each of the CMH Instagram account (@cmhheli), the Smith Optics Instagram account (@smithoptics), and the Emily Beaudoin Instagram account (@emily.beaudoin) (Note: you can un-follow any or all of the accounts at any time after the Contest ends without impacting your chances of winning); (b) like and save the Contest post; and (c) tag one (1) or more friends in the comments section of the Contest post on @cmhheli (each @tag will earn an additional entry in the Contest).
The Contest may only be entered by posting to Instagram, not to Contest Organizer’s Facebook, Twitter or any other website. To post to Instagram, you must be a registered member of the Instagram website located at www.instagram.com (http://www.instagram.com) and in compliance with the posted terms and conditions for the Instagram website. Membership on Instagram is free and can be obtained by visiting the Instagram website and following the onscreen instructions to register for and open an account. An entrant must be the rightful owner (or have authorized use) of the email address identified with the participant’s Instagram account and your profile on Instagram must be public. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
All entries must be received during the Entry Period. Any person found entering the Contest using more than one e-mail address or Instagram account will be disqualified. In the event of a dispute as to the identity of any entrant, the authorized account holder of the Instagram account associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the exclusive property of Contest Organizer and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt of entry by Contest Organizer. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Entrants will cooperate with Contest Organizer and its representatives in connection with any and all verification activities. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Rules (defined below) may be disqualified by Contest Organizer. Contest Organizer takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical or other production errors. Contest Organizer is not responsible for any errors or omissions in printing or advertising the Contest.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. The Contest will be run in accordance with these Official Rules, subject to amendment by Contest Organizer (the "Official Rules"). Entrants must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. Contest Organizer’s decisions with respect to the Contest (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of a Prize) are final and binding. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
6. PRIZE DRAWING; ODDS; NOTIFICATION.
a. Prize Drawing; Odds.There is one (1) prize drawing in this Contest. On or about March 17th, 2023 at 9:00a.m. MT, a random drawing from among all eligible entries received by Contest Organizer during the Entry Period will be conducted under Contest Organizer’s supervision at Contest Organizer’s offices located in Alberta, Canada. Odds of winning a prize depend on the number of eligible entries received by Contest Organizer during the Entry Period.
b. Notification. The potential winner will be notified by direct message on Instagram on or about: March 17th, 2023. The potential winner may be required to execute and return to Contest Organizer a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collective, an “Affidavit/Release”) in the form(s) provided by Contest Organizer in order to claim his/her prize. The Affidavit/Release must be returned to Contest Organizer by the date and/or time indicated within the Affidavit/Release. If the potential winner is a resident of Canada, he/she will also first be required to correctly answer, without assistance of any kind whatsoever mechanical or otherwise, a mathematical skill-testing question in no more than five (5) minutes, the test to be administered by telephone, to be eligible to win the prize. If the potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if a potential winner who is a Canadian resident fails to correctly answer the skill testing question in the manner prescribed, or if a potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if a potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with these Official Rules, then the potential winner may be disqualified and an alternate potential winner selected by Contest Organizer in his/her place at random from among all eligible non-winning entries received by Contest Organizer for the Contest.In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Contest Organizer as described above; provided, however, Contest Organizer may alter the above timing to meet its Contest schedule. Contest Organizer is not responsible for the failure of a potential winner to receive the required documents for any reason, or for the inability of such potential winner to return the required documents for any reason. Each winner agrees that he/she will not conduct or participate in any media interview regarding this Contest or any prize without the express prior written permission of Contest Organizer.
7. PRIZE; PRIZE REDEMPTION. Subject to the terms and conditions of these Official Rules, one (1) prize (the “Prize”) will be awarded in this Contest. The Prize consists of and is limited to: one (1) pair of Atomic Backland 107 Skis (length based on winner’s preference) and one (1) pair of Smith 4D Mag Snow Goggles. The approximate retail value (“ARV”) of the Prize is $1200CAD.
Contest Organizer will make arrangements with the winner to claim the Prize. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit.Prize must be accepted as awarded.To the fullest extent permitted by applicable law, Prize is awarded “AS IS” with no warranty, condition, representation, or guarantee, express or implied, in fact or in law, made by Contest Organizer or for which Contest Organizer shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND WINNER ASSUMES ANY AND ALL RISKS OF USING THE PRIZE, INCLUDING PERSONAL INJURY OR DEATH. No Prize substitutions, except by Contest Organizer, who reserves the right (but has no obligation) to substitute the Prize (or a component thereof) with another prize of comparable or greater value (including cash) if the Prize (or a component thereof) is not available for any reason as determined by Contest Organizer in its sole discretion.Unused components of the Prize shall be forfeited and have no redeemable cash value.Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with Prize award, redemption, receipt and use not specified in the applicable Prize description above, including, without limitation, all federal, provincial, state and local taxes on the Prize. If applicable, winner will be issued an IRS Form 1099 (or Canadian equivalent) for the actual retail value of the Prize. Winner waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem the Prize. Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of Prize, in which case, no consideration will be awarded.
8. PUBLICITY. Except where prohibited by law, acceptance of the Prize constitutes winner’s consent to Contest Organizer’s (and its successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown and state for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
9. GENERAL CONDITIONS. Contest Organizer reserves the right to require entrants to complete, execute and deliver to Contest Organizer additional documents at any time as required, in the forms provided, and within the timeframe required by Contest Organizer, or the entrant may be disqualified. Contest Organizer reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Contest Organizer’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Contest Organizer’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest.In such event, Contest Organizer reserves the right (but does not have the obligation) in its sole discretion to award prize at random from among eligible, non-suspect entries received up to the time of suspected impairment.Contest Organizer reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws, and should such an attempt be made, Contest Organizer reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Contest Organizer reserves the right to forbid the framing of any of the contents of this site and, in their sole discretion, to disqualify any individual who tampers with the entry process. Contest Organizer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
10. RELEASE. By participating in the Contest , each entrant forever and irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Contest Organizer, Canadian Mountain Holidays Inc., Alterra Mountain Company Canada, Instagram, Smith Optics, Emily Beaudoin, and their respective parents, subsidiaries, divisions and affiliates; any and all persons and entities responsible for sponsoring, fulfilling, administering, advertising or promoting the Contestor supplying any prize, and the employees, officers, directors, owners, representatives, agents, heirs, successors, assigns and insurers of each of them (collectively, the “Releasees”) from and against all losses, claims, damages, liabilities, costs or expenses (collectively, “Losses”), arising in whole or in part, directly or indirectly, from the entrant’s Entries and/or participation in the Contest, and/or the entrant’s receipt or use of any prize awarded in the Contest.The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to entrant or any third party arising in whole or in part, directly or indirectly, from any prize or the use of any prize, the award, acceptance, possession, use or misuse of any prize, and entry and participation in the Contest.Each entrant further COVENANTS NOT TO SUE any of the Releasees with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so.This is a complete RELEASE and DISCHARGE of all claims and rights of each entrant against the Releasees and no action will be taken by or on behalf of an entrant with respect to any such claims and rights, it being understood that these Official Rules, including this Section 10, shall be binding upon each entrant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives.
11. LIMITATIONS OF LIABILITY. Contest Organizer is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize, or from viewing, playing or downloading any material from Contest Organizer’s website(s), regardless of whether the material was prepared by Contest Organizer or a third party, and regardless of whether the material is connected to Contest Organizer’s websites by a hypertext link.Contest Organizer reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus or bug or any other cause beyond the reasonable control of Contest Organizer or its agents corrupt the security or proper administration of the Contest.
12. DISPUTES. Each entrant agrees that, except to the extent prohibited by law: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in the Province of Alberta; entrant submits to sole and exclusive personal jurisdiction to said courts in the Province of Alberta for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in connection with entering this Contest but in no event legal or attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Contest Organizer in connection with the Contest shall be governed by, and construed in accordance with, the laws of the Province of Alberta, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Province of Alberta, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Alberta.
13. DATA COLLECTION. By entering the Contest, entrants consent to the collection, use and disclosure of their personal information solely for the purposes of administering the Contest and in accordance with Contest Organizer’s privacy policy (available at: https://www.alterramtnco.com/privacy-policy/).
14. OFFICIAL RULES. These Official Rules are available at www.cmhheli.com/cmh-heli-skis-giveaway-2023, or by sending an email to RDecorato@cmhheli.com or a self-addressed postage-stamped envelope to “CMH Heli Skis Giveaway 2023 – Rules Request” c/o Canadian Mountain Holidays, LP, 217 Bear Street, Box 1660, Banff, AB, Canada T1L, 1J6, Attn: Ryan Decorato. Vermont and Canadian residents may omit return postage.