Getaway Giveaway Terms & Conditions
CHERRY HEALTH INC.
PROMOTIONAL CONTEST RULES (THE “RULES”)
PLEASE READ THESE RULES CAREFULLY. BY PARTICIPATING IN THE CONTEST, YOU AGREE TO BE LEGALLY BOUND BY THESE RULES.
IN ORDER TO WIN ANY PRIZE, YOU MUST CORRECTLY ANSWER A SKILL-TESTING QUESTION. NO PURCHASE NECESSARY.
1. KEY DATES:
The Contest begins on October 25, 2021 12:00:00 a.m. (EST) and ends on November 14, 2021, at 11:59 p.m. (EST) (the “Contest Period”). You may enter the Contest until the end of the Contest Period, and winners will be chosen by random draw at the end of the Contest Period.
2. ELIGIBILITY TO ENTER:
The Contest is open for you to enter only if you meet all of the following conditions: (1) you must be a licensed physician in and resident of the Province of Ontario, or refer a licensed physician in the Province of Ontario using your Cherry Health referral code, (2) you are at least the age of majority in your province of residency at the time of entry, and (3) you must not be an employee, representative or agent of Cherry Health Inc. (the “Sponsor”), its 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, the “Contest Parties”).
3. HOW TO ENTER THE CONTEST:
Each Participant who creates a valid account (a “Valid Account”) with the Sponsor via its mobile app (which can be downloaded at https://apps.cherry.health/cherry_health/redirect) in accordance with these Rules during the Contest Period will receive one entry into the giveaway (an “Entry”). In addition, Participants will receive five (5) Entries for each referral of a Participant that creates a Valid Account with the Sponsor (a “Referral”) in accordance with these Rules during the Contest Period.
The determination that an account created by a Participant is a Valid Account and/or with respect to any Referral will be made by the Sponsor at its sole and absolute direction.
NO PURCHASE NECESSARY. YOU DO NOT HAVE TO CREATE A VALID ACCOUNT OR MAKE A REFERRAL TO ENTER THE CONTEST.
To participate in the Contest without creating a Valid Account or a Referral, a Participant can send a self-address envelope (an “Entry Request”) by mail to Cherry Health Inc. c/o 1000, 250 2nd St SW, Calgary, AB T2P 0C1, containing: (a) the Participant’s name; (b) the Participant’s email address and phone number at which they may be reached; and (c) a 50-word handwritten essay about why you love to travel. Your request must be postmarked during the Contest Period. When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) Entry in the Contest.
The Contest Parties 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, Valid Accounts, Referrals and/or Entry Requests (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
All Entries, Valid Accounts, Referrals and Participants participating in the Contest (“Entrants”) are subject to verification at any time. 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; or (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest. 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.
4. SELECTING CONTEST WINNERS:
At the end of the Contest Period, contest winners will be chosen from all valid Entries by means of random chance and verification will be posted on the Sponsor’s website at https://cherry.health after the giveaway. The Sponsor will contact the selected entrant electronically and provide the winner with a mathematical skill-testing question for the chosen person to answer without aid. If the question is answered incorrectly, another Participant will be chosen at random and given a chance to answer the question. This will continue until a Participant answers correctly.
If the selected entrant correctly answers the skill testing question, he or she will be eligible to obtain the Prize. Entries may have an expiry date, and, in the sole and absolute discretion of the Sponsor, if the Sponsor determines that an entrant is not eligible or available to participate in the Contest, or does not fulfil the redemption process before the expiration date, then the Sponsor will re-draw a valid Entry and follow this process again.
A total of one prize is available to be won (the “Prize”), as follows:
-WestJet Gift Card
The total approximate retail value of the Prize is CAD$1,000.
ANY AND ALL OTHER COSTS ASSOCIATED WITH UTILIZING THE PRIZE WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE ENTRANTS. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH UTILIZING THE PRIZE. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT WHATSOEVER, THE PRIZE INCLUDES THE PRIZE ITEM ONLY.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY FEDERAL, PROVINCIAL, OR LOCAL TAXES, SALES TAXES, SURCHARGES, SERVICE CHARGES, REGISTRATION, LICENSING, PROCESSING, INSURANCE PREMIUMS, AND HANDLING FEES, AND ALL OTHER COSTS INCURRED IN OR INCIDENTAL TO CLAIMING, REDEEMING, RECEIVING, POSSESSING OR USING THE PRIZE.
The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the 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.
The Prize is awarded “as is” with no warranty or guarantee, expressed or implied, being provided by Sponsor. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part.
6. ODDS OF WINNING:
The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
7. SKILL TESTING QUESTION REQUIRED:
Contest winners will be required to answer a skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor by such means as it reasonably determines). If you are unable to correctly answer the skill-testing question, you will not receive the Prize.
8. ACKNOWLEDGMENTS AND DISCLAIMERS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION IN ACCORDANCE WITH SPONSOR’S PRIVACY POLICIES; AND/OR (IV) IF DECLARED THE WINNER, THE 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. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF THE PRIZE.
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 (including any social media 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, platforms, access providers, computer equipment or software; (iii) the failure of any Entry, Valid Account, Referral 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, in its sole and absolute discretion, 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, 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, in its sole and absolute discretion, 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.
Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Contest, or any other methods not authorized by these Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning the Prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Rules are void.
The Sponsor reserves the right, in its sole and absolute discretion, 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 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 Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these 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 Alberta and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Alberta in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.