Draw will take place 12pm, December 22, 2022.
Offer open to any client of a EXIT Realty Advantage REALTOR® beginning January 1, 2022. Earn 2 ballots for every listing that sells and 1 ballot for every purchase in the above mentioned period for your chance to win. All purchase and sale conditions must be fulfilled by 5pm Wednesday December 21, 2022 to qualify.
This Contest is open to Canadian residents only and is governed by Canadian law.
1. CONTEST PERIOD:
The EXIT Realty Advantage Lincoln Corsair giveaway promotion contest (the “Contest”) is sponsored by EXIT Realty Advantage (“Sponsor”). The Contest begins on January 1st, 2022 at 12:00:01 a.m. Atlantic Time (“AST”) and ends on December 21, 2022 at 04:59:59 p.m. AST (the “Contest Period”).
Contest is open to residents of Canada, who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Sponsor, associated and affiliated entities, prize suppliers, dealers, 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”); and, (ii) have a valid unencumbered driver's license in good standing.
3. HOW TO ENTER:
There are two (2) ways of accessing the Contest form to enter the Contest:
1. By selling a listing with any EXIT Realty Advantage REALTOR®, with all conditions of the transaction being met no later than December 21, 2022 at 04:59:59 p.m. AST, 2 ballots will be entered.
2. By buying a listing with any EXIT Realty Advantage REALTOR®, with all conditions of the transaction being met no later than December 21, 2022 at 04:59:59 p.m. AST, 1 ballot will be entered.
Contest form will be completed by Sponsor staff. By being entered, you signify that you are over the legal age of majority in your province/territory of residence and that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”). A completed and submitted Contest form is one (1) “Entry”. You may opt out of the contest by written request to your REALTOR®.
4. ENTRY RULES:
An Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period.
The Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for (and have no liability in relation to) late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Facsimiles and/or photocopies of Entries will not be accepted.
All Entries 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 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) used by the Sponsor.
6. THE GRAND PRIZE AND APPROXIMATE RETAIL VALUE:
There will be one (1) grand prize (the “Grand Prize”) available to be won consisting of one (1) new 2022 Lincoln Corsair (the “Vehicle”) – $46,400 CAD plus fees and taxes (the “Maximum Value”) and subject to availability at the time of redemption. For the avoidance of any doubt:
• If the winner selects a Vehicle that is less than the Maximum Value, then the winner will receive the Vehicle but will NOT be entitled to any difference between the actual value of the Vehicle and the Maximum Value;
• If the winner selects a Vehicle that exactly matches the Maximum Value, then the winner will receive the Vehicle;
• If the winner selects a Vehicle that is greater than the Maximum Value, then the winner will receive the Vehicle but will be required to pay for any difference between the actual value of the Vehicle and the Maximum Value.
Some of the vehicles depicted in advertising for the Contest may exceed the Maximum Value. If the winner selects any such Vehicle, then they will be required to pay for any difference between the actual value of the Vehicle and the Maximum Value. IMPORTANT NOTE: UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL RETAIL VALUE OF THE VEHICLE AS AT THE TIME OF GRAND PRIZE FULFILMENT AND THE MAXIMUM RETAIL VALUE OF THE VEHICLE NOTED ABOVE BE AWARDED. FOR THE AVOIDANCE OF ANY DOUBT, THE GRAND PRIZE CONSISTS OF THE VEHICLE AND NOT THE ACTUAL VALUE OF THE VEHICLE.
Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Vehicle 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); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) Sponsor reserves the right at any time to substitute the Vehicle for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) colour and other specifics of the Vehicle will be subject to availability; (v) manufacturer’s standard warranty, if any, applies to the Vehicle; (vi) upon notification, the winner will be required to personally take delivery of the Vehicle from a dealership or other location within Canada reasonably close to his/her place of residence in Canada as determined by Sponsor, in its sole and absolute discretion, and will be required to present adequate personal identification (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification); (vii) Vehicle will not be released unless and until the Grand Prize winner first shows proof (in a form acceptable to the Sponsor) of having a valid and unencumbered driver’s license (equivalent to a full “Class 5” class license in New Brunswick) in the province/territory in which he/she resides and proof (in a form acceptable to the Sponsor) of satisfactory insurance; and
(viii) confirmed winner is solely responsible for all expenses that are not included in the Grand Prize description above – including, but not limited to, registration and license fees, insurance, accessories and all other costs associated with: (a) any amount not covered by the maximum value of the Grand Prize as stated in these Rules; (b) any upgrade or option package(s) that he/she may request (and that may be permitted by Sponsor in its sole and absolute discretion); (c) obtaining a valid driver’s license, license plates, registration, insurance and/or fuel; and/or (d) taking delivery of the Vehicle.
The winner of the Grand Prize must take delivery of the Vehicle within thirty (30) days of being notified as the winner. The Vehicle will not be awarded to the eligible winner unless he/she: (i) signs a release form releasing the Released Parties from any liability relating to the Vehicle; (ii) correctly answers a mathematical skill-testing question within the specified timeframe, as further set out in Section 9 herein.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand 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 Grand 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 Grand Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part.
7. ELIGIBLE WINNER SELECTION PROCESS AND ODDS OF WINNING:
The Grand Prize draw will be held on December 22nd, 2022 (the “Grand Prize Draw Date”) in Fredericton, NB at approximately 12:00 p.m. AST. One (1) eligible entrant will be selected by random draw from among all eligible Grand Prize Entries submitted and received in accordance with these Rules during the Contest Period. The odds of winning depend on the number of eligible Grand Prize Entries submitted and received in accordance with these Rules during the Contest Period.
8. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner (using the information provided on the Entry) within three (3) business days of the Grand Prize Draw Date. If the eligible winner cannot be contacted as outlined above in this Section, or if there is a return of any notification as undeliverable, or if the eligible winner does not take delivery of the Vehicle within thirty (30) days in accordance with Section 6 above; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining applicable eligible Contest Entries submitted and received in accordance with these Rules (and in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
9. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED GRAND PRIZE WINNER, the eligible winner will be required to sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules;
(ii) acknowledges acceptance of the Grand Prize (as awarded); (iii) releases 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 Grand Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her 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. If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents, including the release, within the specified time; (c) cannot accept (or is unwilling to accept) the Grand 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 will be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining applicable eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
10. 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, platform or device during the Contest; (ii) any 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 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.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted on the Entry at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.
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. Without limiting the generality of the forgoing, 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.
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.
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, 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 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 New Brunswick 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 New Brunswick in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.