Terms & Conditions
Under Armour TEAM UA NEXT Canada Challenge Terms and Conditions
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. Any litigation involving a resident of the Province of Quebec respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the "Régie") for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
2. Sponsor: The Under Armour TEAM UA NEXT Canada Challenge (the “Contest”) is sponsored by Under Armour, ULC., 169 Enterprise Blvd, Suite 500 Unionville, ON L6G 0E7 and FGL Sports Ltd., 824 – 41st Avenue NE, Calgary, AB, T2E 3R3 (collectively, the “Sponsor”).
3. Eligibility: The Contest is open only to legal residents of Canada who are between the ages of seven (7) and twelve (12) at the time of entry. Entries must be submitted by a parent/legal guardian or coach. Employees of the Sponsor, and its affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employees are not eligible. Additionally, individuals who are under endorsement agreements, sponsorship agreements or other similar relationship with Sponsor as determined by Sponsor in Sponsor’s sole discretion, are not eligible. Subject to all applicable federal, provincial, and local laws and regulations. By participating in this Contest, entrants and their parents/legal guardians agree fully and unconditionally to these Terms and Conditions and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. NCAA and High School Eligibility: Due to NCAA and high school association eligibility rules, NCAA Varsity student athletes or high school student athletes are not eligible to enter this Contest. Any student athlete that participates in the Contest is responsible for his/her own collegiate/high school eligibility and/or amateur standing. Such student athletes must comply with all rules, regulations, and bylaws of their high school association and of any provincial or national federation responsible for administering or regulating interscholastic athletics, and of the NCAA, or other regulatory authority, that may be applicable to their participation in the Contest. By participating in the Contest, student athletes acknowledge their understanding of the consequences of any failure to comply with such rules, including but not limited to, loss of their eligibility to participate in future athletic contests in any sport at the high school, collegiate or other level. SPONSOR IS NOT RESPONSIBLE OR LIABLE FOR PARTICIPATION IN THIS PROMOTION RESULTING IN INELIGIBILITY AS AN AMATEUR ATHLETE.
5. Entry: Visit http://teamuanext.ca (the “Microsite”) where a nomination may be submitted via a parent/guardian or athletic coach (the “Nomination”) which must include the required materials. Entry into the Contest will be accepted beginning June 1, 2017 and end approximately August 31, 2017 (the “Contest Period”).
6. Video Submission Restrictions: Photos and videos must conform to the following content restrictions:
a. Videos must not contain images of athletes in uniform.
b. Videos must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c. Videos must not disparage Sponsor or any other person or party affiliated with the Contest and administration of the Contest;
d. Videos must not contain brand names or trademarks (other than Sponsor’s);
e. Videos must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
f. Videos must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
g. Videos must not contain material that is illegal in any applicable jurisdiction and Sponsor reserves the right to forward any photo containing illegal conduct to the appropriate authorities. Sponsor may delete or modify any videos that violate the above content restrictions.
7. Selection Criteria: Winning submissions will be selected based on which contestants met the criteria through their Nomination materials (including but not limited to photos, written materials and/or video testimonials). The Nomination materials that showcase the most passion, athleticism and compelling case for why the nominee should be a face of UA Next will be considered for the prize. Up to two (2) contestants (one (1) boy and one (1) girl) will be chosen from all entries received by the deadline for submission to receive the prizes. Sponsor reserves the right, in its sole discretion, to not to award the prize to any contestants if the Sponsor determines no contestants meet the criteria. The Sponsor reserves the right to contact contestants (and his/her parent or legal guardian) for additional information prior to selecting the winners; there is no guarantee that any contestant contacted in this manner will be selected as a winner. The judging criteria will be applied in the sole discretion of Sponsor and the individual judges. By entering the Contest, contestants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges.
8. Winner Notification and Qualification: The potential winners will be notified in person and/or by phone and/or by email or mail or express mail, whichever is deemed appropriate by the Sponsor on or about September 30, 2017, using the contact information provided on the entry. Return of any winner notification as undeliverable, including failure to respond within five (5) days of the delivery of such notification by the Sponsor, may result in disqualification. Each winner (and his/her parent/legal guardian) must sign and return to Sponsor a Declaration and Release provided by Sponsor within seven (7) days of first attempted notification. The Guest (as hereinafter defined) of the winner must also execute and return a Declaration and Release prior to issuance of travel documents. If a potential winner cannot be contacted, or fails to sign and return the Declaration and Release, such potential winner forfeits. Each potential winner must continue to comply with these Terms and Conditions, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right, in its sole discretion, to select an alternate winner or not to select a winner.
9. Prize: Each winner will receive the following: a) Under Armour product of the Sponsor’s choosing worth an estimated retail value of $500; b) a photo shoot and Under Armour experience (the “Event”); c) hotel accommodations for the winner and one (1) of his/her parent or legal guardian during the Event; d) round trip flight to the Event for the winner and one (1) of his/her parent or legal guardian and; e) transportation from the airport to the Event. Total prize retail value estimated at $3,0000 CA. Any difference between the stated value and actual value of the prize will not be awarded. Except for the cost of the Prize, all expenses and costs, including but not limited to federal, provincial and local taxes or other expenses are the responsibility solely of winner. In the event the Event is cancelled, delayed or postponed for any reason, winner(s) will not be compensated for the Event or reimbursed for any expenses incurred and the prize shall consist solely of the remaining elements. Insurance, gratuities and other expenses not listed are the responsibility of the winner. Prize is non-transferable and no substitution or cash redemption will be made, except in case of the unavailability of the prize or a prize component, Sponsor reserves the right to award a prize of equal or greater value. If a winner cannot accept the prize as stated, the Sponsor reserves the right, in its sole discretion, to award such prize to an alternate winner or not to award the unclaimed prize. If a winner cannot accept the prize as stated, the prize will be forfeited in its entirety and awarded to an alternate winner. If applicable, the value of the prize will be taxable to prize winner as income. Prize winner may be required to supply Sponsor with information, such as their social insurance number for tax purposes. Upon entry into the Contest, prize winner (as well as all other contestants) is required to comply with any and all applicable federal, provincial, and local laws, rules, and regulations. Sponsor shall have no responsibility or obligation to the prize winner or potential prize winner who is unable or unavailable to accept or utilize prize as described herein. Winner’s parent or legal guardian must accompany contestant at all times during the Event or TEAM UA NEXT Canada Challenge. The trip package (the “Trip”) includes roundtrip coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to the Event and standard hotel accommodations determined by Sponsor in its sole discretion (single room, double occupancy)(meals, telephone calls, tips and other incidentals and costs are not included). Trip is subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to these Terms and Conditions and the terms and conditions set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If the winner lives within two hours of the trip destination (as determined by Sponsor), the winner will receive monetary reimbursement for their travel via car (reimbursement for gas expenses; receipts must be provided) between winner’s home and the available hotel accommodations in lieu of any air transportation. The winner must be available to travel on dates and times as specified by Sponsor. Sponsor will determine the airline carrier and hotel in its sole discretion. Travel restrictions, conditions and limitations may apply. Winner and his/her parent or legal guardian must possess all required, valid travel documents in order to travel. Failure to meet these requirements will result in forfeiture of the trip portion of the prize. Sponsor will not replace any lost, mutilated or stolen tickets, travel vouchers, certificates, or prize items. In the event the winner or his/her parent or legal guardian engages in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, unsafe or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the winner home with no further compensation. All costs and expenses associated with prize acceptance and use not specifically listed above as being provided, including, without limitation, additional ground transportation, luggage fees, additional meals, snacks, beverages, minibar, entertainment, tips, souvenirs, personal expenses, damages to hotel rooms, any equipment to be used in connection with the prize are solely prize winner’s responsibility. Sponsor reserves the right to conduct background checks on the potential winner and the potential winner’s companion, as a condition to receipt of the Trip (defined above). Winner and winner’s selected companion must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the Trip. Sponsor reserves the right, in its sole discretion, to disqualify any winner and/or winner’s companion based on such background check if Sponsor determines, in its sole discretion that awarding the Trip to such winner might reflect negatively on Sponsor. Additionally, the potential winner may be required to submit to a background check before being deemed eligible to receive their Trip. Sponsor reserves the right to disqualify any individual whose background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined by Sponsor, at its sole and absolute discretion). Sponsor reserves the right to disqualify any participant if, in their sole discretion, such participant is not in alignment with Sponsor’s values or if awarding a prize could result in public disrepute, contempt, scandal or ridicule or could reflect unfavorably on Sponsor. Additionally, in such case, if the Sponsor has already delivered the prize, Sponsor reserves the right to require the participant to return the prize and award the prize to an alternate winner based on the criteria in paragraph 7 above. Sponsor reserves the right to add additional Events to the schedule for one (1) or more of the winners at their sole discretion. Sponsor will use best efforts to work with winners and their parent/guardians to accommodate school schedules. Nothing herein requires the Sponsor to add additional Events.
10. Release: By participating, each contestant (and his/her parent or legal guardian) agrees to release and hold harmless Sponsor and their respective subsidiaries, parent companies, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective officers, directors, managers, equity owners, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. Use of Entry/Publicity. By submitting an entry, the contestant (and his/her parent or legal guardian) hereby expressly grants to the Sponsor and each of their participating retailers (each a “Retail Location”) an irrevocable, royalty-free, worldwide license in perpetuity to reproduce, distribute, adapt, modify, publicly perform, and display the entry, and otherwise use and exploit all or any part of the entry by any method (now existing or later developed) for any purpose whatsoever including, but not limited to hosting and displaying the entry on Sponsor’s and each Retail Locations websites and social media pages in conjunction with the promotion of Sponsor’s and Retail Locations products. If contestant’s voice, likeness, photograph, or other rights of publicity appear in the entry, contestant (and his/her parent or legal guardian) hereby grants to the Sponsor and each Retail Location an irrevocable, royalty-free, worldwide license in perpetuity to use contestant’s rights of publicity in connection with the entry for any purpose whatsoever including but not limited to the Contest and related activities. Contestant (and his/her parent or legal guardian) also grants to the Sponsor and each Retail Location a license to use his or her name to identify the source of the entry. Further, if a third party's rights of publicity appear in the entry, Contestant (and his/her parent or legal guardian) represents and warrants to the Sponsor and each Retail Location that s/he has secured and hereby grants to the Sponsor and each Retail Location a license to use such third party's rights of publicity to the same extent as his or her own rights of publicity. Contestant (and his/her parent or legal guardian) shall indemnify, defend and hold harmless the Sponsor and each Retail Location from any and all claims, demands, causes of action or damages, costs and expenses (including attorneys' fees) brought against the Sponsor and each Retail Location based upon the Sponsor’s and Retail Location’s use of the entry and any proprietary rights embodied therein. Contestant (and his/her parent or legal guardian) hereby waives, releases and discharges any and all claims whatsoever against the Sponsor and each Retail Location for its use of the entry (including, but not limited to any alleged or actual infringement or misappropriation of any proprietary rights in any information contained in the entry submitted to the Sponsor). All entries sent to the Sponsor will be treated as non-confidential and non-proprietary. Contestant (and his/her parent or legal guardian) agrees that the Sponsor are not required to use the information contained in the entry in any manner and that if the Sponsor uses an entry, the Sponsor may remove a portion of or the entire entry at anytime without notice to contestant.
12. General Conditions: Noncompliance with these Terms and Conditions may result in disqualification and all associated entries will be void. ANY VIOLATION OF THESE TERMS AND CONDITIONS BY THE PRIZE WINNER OR ANY BEHAVIOR BY THE PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER OF THIS CONTEST AND ALL PRIVILEGES AS THE PRIZE WINNER WILL BE IMMEDIATELY TERMINATED. If for any reason the Contest is not capable of running as planned, including without limitation, lack of significant participation, infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right to cancel, at its sole discretion, to cancel, suspend and/or modify the Contest. Sponsor 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 Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Contestant (and his/her parent or legal guardian) represents and warrants that: (a) s/he is the sole and exclusive owner of all rights in and to any information contained in the entry (except for (i) any third party rights of publicity in the entry, to which contestant has obtained the right to license such publicity rights to Sponsor in accordance herewith, or (ii) photographs taken by a third party in Canada for which contestant has obtained the right to license the rights in the photograph to the Sponsor in accordance herewith); (b) the information contained in the entry is not libelous, slanderous, or defamatory in nature; (c) the Sponsor’s use of the information contained in the entry shall not infringe the proprietary rights of any third party (including, but not limited to third party rights of publicity) and(d) contestant is 12 years of age or younger at the time of entry and has obtained his or her parent’s or legal guardian's permission to enter. Breach of any of the foregoing representations shall disqualify the contestant from being chosen as the winner.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by contestants (and his/her parent or legal guardian), printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) computer, online, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability, garbled or jumbled transmissions, service provider, Internet, web site or other accessibility or availability issues, traffic congestion, or unauthorized human intervention or any technical malfunctions that may occur; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from contestant’s participation in the Contest or receipt or use or misuse of any prize. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded. If for any reason a contestant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, contestant’s sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded.
14. Disputes: As a condition of participating in this Contest, contestant (and his/her parent or legal guardian) agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in Toronto, Ontario, which court shall apply the laws of the province of Ontario without regard for rules of conflicts of law. In any such dispute, contestant (and his/her parent or legal guardian) shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (if any) associated with participating in the Contest, and contestant (and his/her parent or legal guardian) hereby waives all rights to have damages multiplied or increased.
15. Privacy: By participating in this Contest, contestant (and his/her parent or legal guardian) acknowledges and agrees that the Sponsor may collect and use personal information submitted by contestant for purposes of administering this Contest.
16. Winner List: To find out the winners, send a self-addressed stamped envelope after September 30, 2017 to: Under Armour, Attn: UA Next Canada Contest, 169 Enterprise Blvd, Suite 500, Unionville, ON L6G 0E7.