1. Contest Period.

The Winter Fun Photo contest (“Contest”) starts at 4 PM NST on March 22, 2021 and closes at 4 PM NST on March 29, 2021 (the “Contest Period”). 

  1. Eligibility.

The Contest is open to legal residents of Newfoundland and Labrador who are 19 years of age or older at the time of entry. Employees, officers, and directors (including immediate family members and members of the same household) of Xplornet Communications Inc. (the “Sponsor”) and its affiliates, distributors, dealers, marketing representatives, printers, advertising or promotional agencies, or any other organization associated with the Contest are not eligible to participate. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Facebook is 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 Facebook. You may only use one (1) personal Facebook account (the “Account”) to participate in this Contest. You agree to the privacy policies and terms of use of Facebook (available at www.facebook.com) and are solely responsible for ensuring that you comply with them at all times while participating in the Contest.

  1. How to Enter.

No purchase necessary to enter. To enter the Contest, during the Contest Period, post a photo (the “Submission”) of you with your loved ones having fun outside in the winter tagging @Xplornet in your post. Submissions can be posted either in the comments of Xplornet’s post about the Contest, or in a separate post. If posted as a separate post, @Xplornet must be tagged in the post. Your Submission must comply with the Submission Requirements set out below.  If your Submission is received during the Contest Period in accordance with these Rules, as determined by the Sponsor in its sole discretion, you will be eligible to receive one (1) entry into the Contest.  Limit of one entry per person during the Contest Period. You must ensure your Account settings allow for public viewing so that the Sponsor may register your entry.

IMPORTANT NOTE: The Sponsor reserves the right at any time, in its sole discretion, to require proof, in form and substance satisfactory to the Sponsor and within the timeframe specified by the Sponsor, that: (i) confirms the entrant and the Submission meets all of the applicable requirements specified in these Rules; (ii) the entrant has all necessary permissions and authorizations as required pursuant to these Rules including permission from all persons (or from a parent or legal guardian if such person is a minor) appearing in the Submission; and/or (iii) is required for any other reason that the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules, or for any other reason. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified may result in disqualification in the sole discretion of the Sponsor.  The Sponsor may reproduce and/or post any Submission submitted as set forth in these Rules in any and all forms of media including its social networking pages and in a blog post as a public viewing gallery. Any Submission that the Sponsor deems, at any time, violates the terms and conditions set forth in these Rules, as determined by the Sponsor in its sole and absolute discretion, may be taken down.

  1.  Prizes. 

Two prizes (the “Prizes”) available to be won each consisting of 2 adult full-day tickets to White Hills Resort for the winner and one guest to be used during 2020/2021 ski season Approximate retail value of each Prize $122 CAD. White Hills Resort terms and conditions apply. Each Prize winner and his/her guest are solely responsible for all costs not expressly described herein.  The Sponsor reserves the right to substitute a Prize in whole or in part for a prize of equal or greater value in the event that any component of a Prize is unavailable for any reason. Prizes must be accepted as awarded and no substitutions, except as identified above, will be made.  Prizes may not be sold, transferred or assigned and are not convertible to cash.

  1. The Draw.

On March 30, 2021 at approximately 4:00 PM EST, two eligible entrants will be selected by random draw from among all eligible entries received during the Contest Period. The odds of winning will depend on the total number of eligible entries received during the Contest Period. The Sponsor will make one attempt to notify the selected entrants within 2 days after the draw.  If a selected entrant cannot be contacted within 2 days after the draw, he or she may, in the sole discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant).

  1. Awarding of Prizes.

Before being declared and confirmed as a Prize winner, each selected entrant must, in addition to meeting the Contest eligibility criteria and otherwise complying with the Rules, (i) have correctly answered a time-limited skill-testing question to be administered by the Sponsor, and (ii) sign and return within the time stipulated by the Sponsor the Sponsor’s contest eligibility and liability/publicity release form (“Release Form”), which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the Prize as awarded; (b) releases the Sponsor and its directors, officers, shareholders and agents (collectively, the “Released Parties”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (c) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness and Submission without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, in perpetuity. The winner’s guest must also sign and return a Release Form prior to participating in the Prize. The selected entrant is responsible for obtaining and returning a signed copy of the Release Form from his or her guest. Selected entrant must also provide proof of identity upon request.  If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Release Forms (which for clarity includes the selected entrant guest’s executed Release Form) within the specified time; (c) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant).

  1. Submission Requirements.
  • Submissions must be original work and must not include any third party’s proprietary content, including trademarks or copyrighted content. The Sponsor in its sole and absolute discretion may disqualify any entrant who uses third party proprietary content without consent at any time and/or edit any Submission to blur out any trademarks or to remove any copyrighted content;
  • Submissions must 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.
  • Submissions must not include any illegal, defamatory or in any way obscene or other objectionable or inappropriate content, as determined by the Sponsor in its sole discretion. Submissions cannot be a parody or derogatory.

By entering the Contest, each entrant: (i) represents and warrants that his/her Submission is his/her original work and does not infringe on any third party’s copyright, trademark or other intellectual property rights; (ii) represents and warrants that he/she has all necessary rights from any third party that appears, or is mentioned, in the Submission, including those from the parent or legal guardian if third party is under the age of majority; (iii) grants the Sponsor an unlimited, royalty free, irrevocable, right and license to publish, reproduce and/or use his/her Submission in any and all forms of media without notice or compensation; (iv) waives all moral rights in the Submission in favour of the Sponsor; and (v) agrees to release and hold harmless the Released Parties from any claim or liability arising from or related to the Submission and/or his/her participation in this Contest. The Sponsor assumes no responsibility for any claims with respect to the Submissions.

  1. General.

By entering the Contest, entrants agree to abide by these Rules and further agree that the decisions of the Sponsor are final. The Sponsor reserved the right at any time without prior notice to suspend, modify or terminate the Contest for any reason.  The Sponsor reserved the right, in its sole discretion, to disqualify any individual it finds to be tampering or disrupting the entry process, operation of the Contest or acting in violation of these Rules.  The Sponsor does not assume any responsibility for any lost, delayed, incorrect or incomplete entry information howsoever caused. In the event of a dispute, entries will be deemed to have been made by the Authorized Account Holder of the Account used to submit the entry.  “Authorized Account Holder” means the person who is assigned to an Account by www.facebook.com. An entrant may be required to provide proof that he/she is the Authorized Account Holder of the Account that submitted the applicable entry.

  1. Privacy and Personal Information.

By entering the Contest each entrant consents to the collection, use and distribution of his/her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by the Sponsor for the purposes of implementing, administering and fulfilling the Contest.  Any personal information will be handled in accordance with the privacy policy of the Sponsor which is located at http://www.xplornet.com/legal/xplornet-privacy-policy/). The Sponsor will not sell or transmit this information to third parties unless the Sponsor believes in good faith that it is required to do so by law. Any inquiry concerning the personal information held by the Sponsor should be addressed to the Sponsor at 625 Cochrane Drive, #1000, Markham, ON L3R 9R9.

  1. Publicity of Winner’s Name.

The name of the Prize winners may be posted online or otherwise beginning on the first business day after the winners have been contacted and have returned a fully completed Release Form to the Sponsor as set out above. By entering the Contest, each entrant consents to the use of his or her name, image, likeness and photographs, without compensation, in any publicity worldwide that is carried out in any media by or on behalf of the Sponsor.

  1. Subject to Applicable Laws.

This Contest is governed by the laws of Canada, is subject to all applicable federal, provincial and municipal laws and regulations and is void where prohibited.