- PROGRAM DESCRIPTION:
Imperial Oil Limited's ("Imperial") Esso Medals. Connecting You to Hockey Immortality program (the "Program") provides recipients of Esso Medals who choose to participate (each, a "Participant") the opportunity to have their name publicly displayed (by way of rotating electronic display along with an interactive digital display with name search capabilities) in the Esso Medals exhibit in the Hockey Hall of Fame, located at Brookfield Place 10 Front St W, Toronto Ontario M5E 1X8 and on essomedals.com/hhof.
- PROGRAM PERIOD:
The registration period during which submissions will be accepted for the Program begins on April 17, 2024 (the "Registration Period"). The Program will be publicly displayed in the Esso Medals exhibit in the Hockey Hall of Fame until June 30, 2025 or for a specific period of time thereafter (the "Display Period"), and registration is permitted at any time during the Display Period. Timelines, including the length of time of the Display Period, are at the sole and absolute discretion of Imperial and are subject to change at any time.
- ELIGIBILITY
The Program is available only to residents of Canada who are a recipient of an Esso Medal.
- AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in the Program, you, or in the case of a minor the parent/legal guardian who has agreed on such minor's behalf and on their own behalf, agree that you have read and are legally bound by these Official Terms and Conditions (the "Terms"). Submissions may only be made by you on your own behalf, or by you as the parent/legal guardian of a minor; submissions made on behalf of any other person are not permitted.
- PARTICIPATION AND VERIFICATION
To be considered eligible for the Program, a Participant must:
- be eighteen (18) years of age or older (if participating on your own behalf), or be the parent/guardian of a minor (if participating on behalf of a minor);
- be a recipient of an Esso Medal; and
- have submitted the submission form during the Registration Period by visiting essomedals.com/hhof and providing the following information:
- a valid email address,
- the Esso Medal you received (Most Dedicated, Most Improved, Most Sportsmanlike, Most Team Spirit, Most Valuable Player);
- the year you received the Esso Medal; and
- the minor hockey team and/or minor hockey association you were a member of when you received the Esso Medal.
There are no prizes or contests in connection with the Program. Imperial will review all submissions within 5 business days for authenticity and will determine, in its sole and absolute discretion, which names will be publicly displayed at the Esso Medals exhibit in the Hockey Hall of Fame and on essomedals.com/hhof. All submissions may be subject to verification at any time and for any reason. Imperial reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Imperial, including government-issued photo identification) for the purposes of verifying an individual's eligibility to participate, the legitimacy of any information provided, or for any other reason Imperial deems necessary for the purposes of administering the Program. Failure to provide such proof to the satisfaction of Imperial within the timeline specified may result in disqualification from the Program.
By submitting the required information and participating in the Program, you agree that the information you provide is correct and truthful. If it is discovered by Imperial (using any evidence or other information made available to or otherwise discovered by Imperial) that any person has attempted to use multiple names, multiple identities, any automated, macro, script, robotic or other system(s) or program(s), to enter false information, and/or to use any other means not in keeping with Imperial's interpretation of the letter and spirit of these Terms to participate in or to disrupt this Program (all as determined by Imperial in its sole and absolute discretion), then that person may be disqualified from participating in the Program. If a person who is disqualified is a resident of the Province of Québec, that person will receive a written notice of their disqualification setting out the grounds for their disqualification.
If at any time a Participant wishes to remove their name from display at essomedals.com/hhof and at the Esso Medals exhibit in the Hockey Hall of Fame, the Participant must make a request in writing by email to (info@essomedals.com) or by mail to The T1 Agency 10 Alcorn Ave, Toronto, ON M4V 3A9 ATTENTION: Esso Medals Exhibit. All requests will receive a receipt acknowledgement and will require 10 business days for review and confirmation of authenticity from the date of acknowledgement. Imperial will remove the Participant from both sites once the request is confirmed to be authentic (which will include outreach and other means to confirm the requests authenticity).
- LIMITATION OF LIABILITY:
Imperial, the National Hockey League ("NHL"), its member teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., NHL Interactive CyberEnterprises, LLC, Hockey Canada and the Hockey Hall of Fame, as well as any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Program, and each of their respective officers, affiliates, directors, employees, agents, representatives, successors and assigns (collectively, the "Released Parties") are not responsible for, and accept no liability whatsoever in relation to the Program, including but not limited to: your participation in any Program-related activities; any use, collection, storage and disclosure of any personal information; any late, lost, misdirected, delayed, incomplete or incompatible information; any failure of the Program website or display or any other platform during the Program; any technical malfunction or other problems of any nature whatsoever; the failure of any information to be received, captured or recorded for any reason whatsoever; or any injury or damage to a participant's or any other person's computer or other device related to or resulting from participating in the Program.
BY SUBMITTING THE REQUIRED INFORMATION AND PARTICIPATING IN THE PROGRAM, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE PROGRAM AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION. BY PARTICIPATING, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) ALSO AGREE THAT ALL ASPECTS OF YOUR PARTICIPATION IN THE PROGRAM WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) 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 PROGRAM.
Each Participant understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from the Released Parties should their name not be publicly displayed in the Esso Medals exhibit in the Hockey Hall of Fame and essomedals.com/hhof. For persons who reside in the Province of Québec, nothing in this section liberates Imperial from the consequences of its own acts or of the acts of its representatives.
- PRIVACY:
By providing the information required as part of the submission form and/or by participating in the Program, you (and, if a minor, the parent or legal guardian) give permission for the individual identified in the submission to be publicly displayed in the Esso Medals exhibit in the Hockey Hall of Fame and on essomedals.com/hhof, and consent to being contacted (including by email) by Imperial for Program-related purposes, which includes but is not limited to verification purposes.
Each participant expressly consents to Imperial, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Program and in accordance with Imperial's privacy policy (available at: https://www.imperialoil.ca/en-CA/Legal-pages/Privacy-statement). This section does not limit any other consent(s) that an individual may provide Imperial or others in relation to the collection, use and/or disclosure of their personal information.
- GENERAL CONDITIONS:
The decisions of Imperial with respect to all aspects of the Program are final and binding on all participants without right of appeal. For persons who reside in the Province of Québec, the foregoing stipulation does not restrict that person's right to go before a court. ANYONE DEEMED BY IMPERIAL TO BE IN VIOLATION OF IMPERIAL'S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF IMPERIAL. If a person who is disqualified is a resident of the Province of Québec, that person will receive a written notice of their disqualification setting out the grounds for their disqualification.
Imperial reserves the right, in its sole and absolute discretion, to:
- cancel, withdraw, amend or suspend the Program (or to amend these Terms) in any way without prior notice or obligation, for any reason whatsoever, including in the event of any cause beyond the reasonable control of Imperial that interferes with the proper conduct of the Program as contemplated by these Terms;
- seek remedies and damages to the fullest extent permitted by law if any attempt is made to undermine the legitimate operation of the Program in any way; and
- adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Terms, to the extent deemed necessary by Imperial, for any reason, including for the purposes of verifying compliance by any Participant, as a result of any technical or other problems, or in light of any other circumstances which, in Imperial's opinion affect the proper administration of the Program as contemplated in these Terms.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these English Terms given by any representative of Imperial, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.
In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms 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.
These Terms are governed by and construed in accordance with the laws of the Province of Alberta, or, for persons residing in the Province of Québec, the laws of the Province of Québec, and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law. 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 Terms or relating to the Program, except for persons residing in the Province of Québec, who may bring such an action before the courts located in Québec.
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