Downsview Park Photo Contest

THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA AND IS GOVERNED BY CANADIAN LAW

Standard data rates apply to participants who choose to participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. KEY DATES:

The Downsview Park Photo Contest (the “Contest”) begins on March 1, 2023 at 9:00 a.m. Eastern Time and ends on March 31, 2023 at 11:59 p.m. Eastern Time (the “Contest Period”).

2. ELIGIBILITY TO ENTER:

The Contest is open only to residents of Canada who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry; and (ii) have or obtain a valid Instagram Account or valid Facebook Account – except employees, representatives or agents (and those with whom such persons are living, whether related or not) of Canada Lands Company CLC Limited and Parc Downsview Park Inc. (collectively, the “Sponsor”), its associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you are signifying that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. INSTAGRAM AND FACEBOOK NOT INVOLVED:

The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook (each, a “Social Platform”). Each Social Platform is hereby completely released of all liability by each entrant in this Contest.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to a Social Platform.  To be eligible to earn an Entry (each, an “Entry” and collectively, the “Entries”) in this Contest, your Instagram Account or Facebook Account (as applicable) must be set to public and not private.

5. HOW TO ENTER:

No purchase necessary.  MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.

At or near the beginning of the Contest Period, the Sponsor will make a Contest-related post on  www.instagram.com/parcdownsviewpark (the “Instagram Channel”) and www.facebook.com/parcdownsviewpark (the “Facebook Channel”) (each, a “Contest Post”).  To enter and be eligible for one (1) Entry, follow the instructions in one (1) of the Contest Posts.  

Entry to the Contest via an Instagram Account must comply with the following requirements: (i) post your photograph of Downsview Park on your Instagram Account; (ii) tag “@parcdownsviewpark” in your post; (iii) use the hashtag “#DownsviewParkPhotoContest” in the caption of your post; and (iv) be or become a “follower” of the Downsview Park Instagram account “@parcdownsviewpark” (Note: you can un-follow at any time after the Contest ends without impacting your chances of winning) (collectively, the “Instagram Entry Requirements”).

Entry to the Contest via a Facebook Account must comply with the following requirements: (i) post a photograph of Downsview Park on your Facebook Account; (ii) tag “@parcdownsviewpark” in your post; (iii) use the hashtag “#DownsviewParkPhotoContest” in your post; and (iv) must like the Downsview Park Facebook Account “facebook.com/parcdownsviewpark” (Note: you can un-like at any time after the Contest ends without impacting your chances of winning) (collectively, the “Facebook Entry Requirements”).

The Instagram Entry Requirements and the Facebook Entry Requirements shall be collectively referred to as the “Entry Requirements”.

When all required steps of the applicable entry process are complete, you will automatically be eligible to earn one (1) Entry per successful entry process in the Contest.  To be eligible, all content and materials associated with your Entry (collectively, your “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) satisfy all applicable Entry Requirements; (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of the applicable Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion).  ​​​​​​

6. ENTRY LIMIT AND CONDITIONS:​​​​​​

There are unlimited Entries per person.  Each Entry must be a unique image of Downsview Park. Each Entry must include an image that is wholly original. If duplicate Entries are entered, then only the first Entry will be accepted. The Contest Parties, Meta Platforms, Inc., Instagram from Meta, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void).  An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion).

7. VERIFICATION:

All Entries, Entry Materials and entrants are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) of the Sponsor.

8. SUBMISSION REQUIREMENTS:

BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THE OTHER RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE).  THE SPONSOR AND ALL OF THE OTHER RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE APPLICABLE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES. 

By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials they submit:

1. are original to them and that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;
2. do not violate any law, statute, ordinance or regulation;
3. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
5. are not defamatory, trade libelous, pornographic or obscene, and further that such Entry Materials will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entry Materials.   Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification.  The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to attempt to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit their Entry Materials (or any part thereof) in order to help ensure that the Entry Materials comply with these Rules, or for any other reason.   If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.

9. LICENSE:

By entering the Contest and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, as applicable, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use their Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest, for publishing on the Sponsor’s social media, for display on-site at the Sponsor’s sites, for print, website and promotional materials which the Sponsor will use on their website or to promote their business, for announcing the winning Entry of the Contest on the Sponsor’s social media, or for any other reason; (ii) waives all moral rights in and to their Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Sponsor and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of their Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.  

10. THE PRIZES:

There will be three (3) Prizes (the “Prizes”) available to be won, as follows:

IMPORTANT NOTE:  ANY AND ALL OTHER COSTS ASSOCIATED WITH UTILIZING A PRIZE WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE WINNER(S).  NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH UTILIZING A PRIZE OR OTHERWISE.

A Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  No substitutions are permitted, except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, a confirmed winner understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should their Prize fail to be fit for its purpose or is in any way unsatisfactory.

11. ELIGIBLE WINNER SELECTION PROCESS:

On or about April 10, 2023 (the “Selection Date”) in Toronto, Ontario, the Sponsor will select one (1) eligible winner from the Facebook platform and two (2) eligible winners from the Instagram platform for a total of three (3) eligible winners submitted and received in accordance with these Rules. The same person is eligible to be selected as the eligible winner for more than one platform if entering on multiple platforms. The Sponsor will establish a jury of three members of staff at Downsview Park that will select the eligible winners based on the following judging criteria: 40% creativity, 30% composition, 30% captures something special about Downsview Park. In the event of a tie, the tie will be broken by the jury working together to rank the tied entries based on the above-noted criteria from best to least-best Entries, and the jury shall award the best-rated Entries with any remaining Prize(s). There will be one (1) eligible winner selected in relation to each available Prize.  The odds of winning depend on the composition of the Entry, as well as the number of eligible Entries submitted and received in accordance with these Rules.

12. ELIGIBLE WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of (3) attempt(s) to contact an eligible winner via the applicable Social Platform within two (2) business day(s) of the Selection Date. To be declared a winner, the eligible winner must sign a form of Declaration of Compliance and Release (see Rule 13) within 7 calendar days of receipt of the release, and otherwise comply with these Rules.  If an eligible winner cannot be contacted as outlined above, if the eligible winner refuses to sign a form of Declaration of Compliance and Release or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to award the remaining Prize(s) to the next highest-ranking eligible entrant(s) from among the remaining eligible Entries submitted and received in accordance with these Rules, including, but not limited to, Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

13. ADDITIONAL CONDITIONS OF PARTICIPATION:

By participating in this Contest, each entrant accepts and agrees to these Rules, which shall be final and legally binding on entrants in all matters relating to this Contest. In order to be confirmed a winner and receive a prize, the selected entrant will be required to sign a form of Declaration of Compliance and Release, in a form required by the Sponsor in its sole discretion, which confirms compliance with these official Rules and releases Canada Lands Company CLC Limited, Parc Downsview Park Inc. and their respective affiliated companies, officers, directors, employees and agents (collectively, the “Contest Group”) from all liability with respect to the entrant’s participation in this Contest and the awarding and use of the Prizes. The winner(s) agree that they will not be receiving any royalties, license fees, or other similar payments should the Contest Group choose to use their Entry. The winner(s) agrees to the use of their name, comments, photograph, and other likeness for publicity purposes, and grants to the Contest Group any and all rights to said use without further compensation. The Contest Group may, at their sole discretion and without liability, rescind or amend this Contest at any time. This Contest is subject to all applicable federal, provincial and municipal laws and regulations.

14. ELIGIBLE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS A WINNER IN ACCORDANCE WITH THESE RULES. 

By participating in the Contest and accepting a Prize, each eligible winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of their Entry Materials or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet.   IMPORTANT NOTE: The Sponsor will require, in its sole and absolute discretion, that an eligible winner sign and return the Sponsor’s form of declaration and release prior to being confirmed as a Winner.

If an eligible winner: (a) fails to sign the Sponsor’s form of Declaration of Compliance and Release; (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to award the remaining Prize(s) to the next highest-ranking eligible entrant(s) from among the remaining eligible Entries submitted and received in accordance with these Rules, including, but not limited to, Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

15. GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.  ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. 

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest, in connection with publicity relating to the Contest and in connection with the display of the images on the Sponsor’s social media and within the Sponsor’s sites, for announcing the winning Entry of the Contest on the Sponsor’s social media, and in accordance with Sponsor’s Privacy Notice. Entrants may also be contacted by the Sponsor regarding future usage of Entries. This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

For Quebec residents:  Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsors, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.  The invalidity or unenforceability of any provision of these 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 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.  To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein.