The Horizons ETFs Biggest Winner Contest Terms and Conditions
BY SELECTING THE "Yes I agree to the Terms and Conditions" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH HORIZONS ETFs MANAGEMENT (CANADA) INC. AND ITS AFFILIATES (THE “HORIZONS GROUP”) OFFER YOU ACCESS TO SERVICES.
1. Participant Agreement
VOID WHERE PROHIBITED
This Participant Agreement (the "Agreement") between you (“you” or “Participant”) and the Horizons Group governs the Horizons ETFs Biggest Winner Contest (the “Contest”) made available through the Contest Website (the “Contest Website”). Anyone accessing the Contest Website agrees to abide by this Agreement. The contest rules appear under the Contest Rules page (the “Contest Rules”) and form part of this Agreement. In the event of any discrepancy or inconsistency between the provisions of the Agreement (other than the Contest Rules) and the Contest Rules, the Contest Rules shall prevail, govern and control.
The Horizons Group may modify the Agreement or the Contest Rules at any time, and such modification shall be effective immediately upon posting on the Contest Website. Your continued access or use of the Contest Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Contest Rules.
THIS CONTEST WEBSITE DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE CONTEST WEBSITE AND THE CONTEST ARE PART OF A STOCK MARKET INVESTMENT SIMULATION ONLY. NO ACTUAL MONEY IS CREDITED TO ANY ACCOUNT, NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF THE CONTEST. ALL INFORMATION IS PROVIDED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.
The Contest Website is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of the owner. Data provided on the Contest Website may be delayed as specified by financial exchanges information providers. The owner and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed.
The Contest is sponsored by Horizons ETFs Management (Canada) Inc. and its affiliates (the “Horizons Group”), Stock-Trak Group, Inc. (“Stock-Trak Group”), and National Bank Direct Brokerage Inc. (“NBDB”) (collectively, the “Sponsors”).
Eligibility for participating in the Contest and/or for qualifying for a prize is based on the sole discretion of the Horizons Group and Stock-Trak Inc. Horizons Group and Stock-Trak Inc. reserve the right to disqualify any Registrant at any time and for any reason at their sole discretion.
Registration for the Contest is an online process. To register, click on the Registration page. By registering to participate in the Contest, you certify that any and all information you supply in the registration process is current, truthful and complete. You also certify that you, the Participant, will be the only authorized user of the Contest Website using your user name and password. You agree not to provide or make known your user name and password to any other person for the purpose of facilitating that person's access and unauthorized use of the Contest Website.
The contents of the Contest Website, including its "look and feel" (e.g. , text, graphics, images, logos and button icons), editorial content, notices, software (including HTML-based computer programs) and other material, are protected under United States, Canadian and foreign copyright, trademark and other laws. These contents belong to the simulation provider of such services and are licensed for use by the Horizons Group. The Horizons Group hereby grants you the right to view and use the Contest Website subject to the Agreement. You may download or print a copy of the information the Contest Website contains for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited.
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe your work has been copied and posted on the Contest in a way that constitutes copyright infringement, email email@example.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Contest Website; your address; telephone number; email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMER: THIS CONTEST WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We make no guarantee that the information on this Contest Website is up to date, accurate, or complete and you should not rely on it for any decision or to take any action. By entering the Contest, you agree to waive any right to claim any ambiguity or error in the Agreement, the Contest Rules or the Contest itself and agree to be bound by the Agreement and the Contest Rules and by all decisions of the Horizons Group, which are binding and final. Failure to comply with the Agreement and the Contest Rules may result in disqualification from this Contest. In the event of any unanticipated occurrence that was not fully addressed by the Contest Rules, the Horizons Group may modify the Contest Rules to address such occurrence. Any changes to the Contest Rules will be posted on the Contest Website. The Sponsors convey the information available on this Contest Website without responsibility for accuracy and Participants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. The Sponsors hereby disclaim any warranty that the information on this Contest Website will be free of interruption or that the Contest Website is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Sponsors are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these Contest Rules, any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged.
CONTEST DISCLAIMER: All decisions of the Horizons Group in computing points, creating awards, conducting drawings or in conducting any and all other aspects of the Contest are made by the Horizons Group in its sole discretion and are final and not subject to appeals.
THE HORIZONS GROUP SHALL BEAR NO LIABILITY WHATSOEVER IN CONNECTION WITH THE DESIGN, DEVELOPMENT OR ADMINISTRATION OF ANY CONTEST OR IN ANY OTHER RESPECT IN CONNECTION WITH YOUR INTERACTION WITH THE CONTEST WEBSITE OR PARTICIPATION IN THIS CONTEST.
7. Contest Website Performance
The Sponsors or any other simulation provider are not liable for any delay or failure of the Contest Website or the simulation to perform. There is no guarantee that Participants will be able to access the Contest Website whenever and wherever desired. There may be extended periods of time when you cannot access the Contest Website for various reasons, many beyond our control. Heavy player traffic on the Contest Website may affect your access to the Contest Website. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the Contest Website's operation or downtime. The Contest will not recognize the attempted trades that the Contest Website did not process.
8. No Investment Advice by the Sponsors
The Sponsors do not provide tax, legal, or investment advice, nor are authorized to provide such advice for the purposes of this Contest. The Sponsors do not endorse any opinions, recommendations or predictions regarding stock performances that are posted on or linked from the Contest Website. Mention of a particular security on the Contest Website does not constitute a recommendation by the Sponsors to buy, sell or hold that or any other security, nor is it to be considered an offer or a solicitation of an offer to buy or sell any actual security. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs. The Sponsors accept no liability for any direct or consequential loss arising from any use of the information available on the Contest Website.
National Bank Direct Brokerage (NBDB) is a division of National Bank Financial Inc. (NBF), as well as a trademark owned by National Bank of Canada (NBC) that is used under licence by NBF. NBF is a member of the Investment Industry Regulatory Organization of Canada, the Canadian Investor Protection Fund, and is a subsidiary of NBC, a public company listed on the Toronto Stock Exchange (TSX: NA). NBDB provides order execution only services and makes no investment recommendations. Clients are solely responsible for the financial ant tax consequences of their investment decisions.
NBDB does not make any representation and warranties, expressed or implied, with respect to the appropriateness of investing in exchange traded funds nor does it endorse Horizons Group or its products.”
You agree to indemnify, defend and hold harmless the Sponsors and their officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of the Agreement or any other wrongful activity related to use of the Contest Website (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Contest Website using your user name and password. Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release the Sponsors and their parents, subsidiaries, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant's or to any other person's computer relating to or resulting from this Contest. Entry constitutes permission (except where prohibited by law) to use winner's name, city, province, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the Contest or the Contest Website is a violation of criminal and civil laws and should such an attempt be made, the Horizons Group reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
10. The Horizons Group Proprietary Right to Content
Winners of any phase of the Contest waive all rights of privacy and publicity and expressly allow the Horizons Group to publicize their names and prizes as it sees fit.
11. Content Posted and Activities on the Contest Site
You understand and agree that the Horizons Group may review and edit or delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of the Horizons Group, violates the Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any of the Horizons Group Participants. The following is a partial list of the type of Content and Activities that are illegal or prohibited on the Contest Website. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Contest Website and terminating the registration of each violator. Prohibited Content and Activities include, but are not limited to:
- Content that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Activity that harasses or advocates harassment of another person.
- Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
- Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Contest Website, including sports picks information.
- Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
- Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- Modifying, adapting, translating, or reverse engineering any portion of the Contest Website.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Contest Website.
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Contest Website.
- Reformatting or framing any portion of the web pages that are part of the Contest Website.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by The Horizons Group.
- Submitting Materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting Materials that are unlawful or promote or encourage illegal activity.
While the Horizons Group prohibits such conduct and content on its Contest Website, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Contest Website at your own risk.
You must use the Contest Website in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Participant to buy or sell any products or services through the Contest Website. Although the Horizons Group cannot monitor the conduct of its Participants off the Contest Website, it is also a violation of these Contest Rules to use any information obtained from the Contest Website to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Participant without their prior explicit consent.
You may not use the Contest Website for any illegal or unauthorized purpose. Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Canada.
You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the Contest Website.
We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
12. Proprietary Rights to Third Party Content
By submitting, posting or displaying any Materials, including but not limited to commentary, blogs and opinion, on or through the Contest Website, you automatically grant to us a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
13. Termination of Registration
The Horizons Group reserves the right to restrict any Participant from access to the Contest if such Participant acts irresponsibly or inappropriately in playing the Contest. Although all trading in the Contest is fictional, Participants are expected to engage in trading activity that fully complies with all applicable securities laws (including, without limitation, a prohibition against insider trading), as if you were trading actual stocks. The Horizons Group reserves the right to terminate Contest participation by any Participant or Participants suspected of cheating, attempting to exploit the contest or other inappropriate behavior. We, at our sole discretion, may terminate or suspend your participation in the Contest for any reason and at any time.
Any suspected fraudulent, abusive or illegal activity may be grounds for termination of the Contest, in whole or in part, without liability to any contestant in the Contest. Such activity also may be referred to appropriate law enforcement authorities. During the Contest, strict rules regarding player behavior will be enforced. These may include penalties, up to and including disqualification, for foul language, abuse of players or any other person during the Event, or any other behavior that the Horizons Group, in its sole judgment, believes to be detrimental to its conduct of the Contest. If you are penalized or disqualified from the Contest as a result of any Agreement or Contest Rule infraction all prizes will be forfeited.
14. Electronic Communications
By registering for the Contest, you agree to receive updates in the form of emails throughout the Term. By registering with us, you also agree to conduct business with us electronically and via the internet and to receive all required notices and disclosures in electronic format, including but not limited to email messages to an authorized email address that you have provided us. These email messages may contain the required notice or disclosure or may alert you to the availability of such a notice or disclosure on our Contest website. We also reserve the right to effect delivery of notices or disclosures by posting to our Contest Website with no email transmission, to the extent permitted by applicable law. To access any of these notices or disclosures and to receive email messages, all you need is a valid email address, access to the internet and any generally available commercially available Web browser, such as Internet Explorer, Google Chrome or Safari.
You may not transfer any rights or obligations you may have under the Agreement. We reserve the right to transfer or to subcontract any right or obligation under the Agreement at our sole discretion without your consent.
If any term or provision of the Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of the Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.
There are no unauthorized links permitted.
18. No Third-Party Beneficiaries
A person who is not a party to the Agreement has no rights under the Agreement.
19. Governing Law
The Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario.