Contest Terms and Conditions

Introduction

By registering for or participating in the 2023 Tennis Canada Bracket Challenge (the “Challenge”), you agree to be bound by these Contest Terms and Conditions (the “Terms and Conditions”). Please read them carefully.

Welcome to the 2023 Tennis Canada Bracket Challenge, which is a competition based on results of the 2023 ATP and WTA tennis tournaments, administered via the Internet website accessible at bracket.tenniscanada.com. The tournaments’ selection committees will seed the qualifying ATP singles and WTA singles members before the start of each tournament. Participants will attempt to select/pick the winners of all the matches of either the men’s or women’s singles draws, or both men’s and women’s draws, presented on the Tennis Canada Bracket Challenge website in the form of a Bracket. Participants will earn points by correctly predicting, through their Bracket, the winning players of certain tennis matches of the tournaments.

The Administrator

Tennis Canada will serve as the Administrator of the Challenge and will be responsible for resolving any disputes or other matters that arise regarding enforcement and violations of the rules. You agree that the decisions of the Administrator are final and binding on all matters pertaining to the Challenge.

Acceptance of terms of use

You understand and agree to Tennis Canada’s Terms and Conditions.

YOUR PRIVACY

You understand and agree that your personal information will be governed by Tennis Canada’s Privacy Policy.

If you are a winner of the Grand Prize and Secondary Prizes, Tennis Canada, the Women’s Tennis Association and the Association of Tennis Professionals may also ask to use your information for advertising and publicity purposes as described below.

Your responsibilities and registration obligations

In order to participate in the Challenge, you must: (a) be a Registered User (as defined below); (b) be a legal resident of Canada; and (c) be at least 18 years old or age of majority, whichever is older in province or territory of residence, at the date of entry in the Challenge.

For purposes of these Terms and Conditions, “Registered User” means a person who has successfully completed the registration form and has obtained a User Identification and associated password on bracket.tenniscanada.com.

If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the registration form for the Challenge by going to bracket.tenniscanada.com. There is no fee or charge for you to become a Registered User.
Employees of Tennis Canada, the Women’s Tennis Association (WTA), the Association of Tennis Professionals (ATP), (collectively, the “Challenge Entities”) and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and members of the immediate family or household of each are not eligible to win. Immediate family member or household is defined as a parent, sibling, child or spouse or any person residing in the same household as an employee of the Challenge Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to be awarded and/or receive the Grand Prize and/or secondary prizes.

Signing up and making selections

Registered Users can sign up for the Challenge at any time by visiting the Tennis Canada Bracket Challenge Website. Users must go to bracket.tenniscanada.com and follow the onscreen instructions in order to enter the Challenge and become a “Participant.”

Brackets will be filled by Administrator prior to the start of the main draw of each tournament. These initial brackets will include all ATP and WTA members of the singles draws participating in the tournament (“Players”), same for the players who are still required to make it through the qualifying rounds. Prior to the qualifying rounds being concluded, these bracket spots will simply be filled with the term “Qualifier”. The qualifying rounds will take place two days prior to the main draw debut. Once the qualifiers have concluded, the brackets will be filled entirely by Administrator to include the qualifying Player’s names. Participants will be able to go back into the bracket and change their choices during this time, but registration into the Challenge and bracket picks must be submitted before the indicated closing time for each tournament bracket. The Administrator may send reminder e-mails to Participants who have signed up early but haven’t yet submitted picks. Another reminder email will be sent once the qualifying rounds have concluded to recheck and confirm final picks before main draw tournament play commences.

For more details on how to make selections, please visit the How To Play section on our website.

Prizes

Grand Prize

Two (2) Grand Prizes will be awarded to the participants who collect the most points throughout the season. One (1) Grand Prize will be made available for each leaderboard winner; the Men’s ATP Leaderboard winner and the Women’s WTA Leaderboard winner. The season ends in November 2023. In the event of a points tie in either of the Brackets at the end of the Challenge Season, there will be a draw conducted to decide the Grand Prize Winners.

The Grand Prize of the ATP Men’s Singles and WTA Women’s Singles draws will be a VIP trip to the 2024 National Bank Open presented by Rogers (Montreal or Toronto). Each Grand Prize will include a pair of tickets to the Grand Finals weekend, hotel accommodations from Friday to Monday and a travel credit of two thousand Canadian dollars ($2,000 CDN). The retail value of each prize is five thousand Canadian dollars ($5,000 CDN).

Secondary prize

One (1) Secondary Prize will be made available for the winner of each tournament (Men’s ATP singles and Women’s WTA singles) for a grand total of eighteen (18) Secondary Prizes. At the end of each ATP and WTA 1000 tournament, one (1) Secondary Prize will be awarded to the winner of the Men’s ATP Bracket and one (1) Secondary Prize will be awarded to the winner of the Women’s WTA Bracket. In the event of a tie in either of the Brackets, there will be a tie-breaker question conducted to decide the Secondary Prize Winners.

Secondary Prize for the Men’s ATP and Women’s WTA Bracket winners will be a Tennis Canada merchandise bundle. The total approximate retail value of the Secondary Prize is less than $100 CAD.

Eligible winner selection, notification and confirmation process

The draw/selection of the Grand Prize Winners will take place the Monday following the last ATP and WTA Masters 1000 tennis tournament of the season by Tennis Canada at the Tennis Canada Toronto offices (1 Shoreham drive, Toronto, ON, M3N 3A6), whose decisions are final and binding on all aspects of this Game and not subject to appeal. In all cases, Tennis Canada reserves the right to request proof of identity, residency, age and a winner will be deemed to have forfeited the prize if Tennis Canada, in its sole discretion, finds that the proof is unsatisfactory. Grand Prize Winners will be sent communication within three (3) days of the draw. The Grand Prize Winners will be required to sign and return an affidavit of eligibility, a liability release, and, where lawful, a publicity release, or the Grand Prize will be forfeited. If a selected Grand Prize Winner cannot be reached within five (5) days following the initial notification attempt, is found to be not in compliance with these Terms and Conditions, fails to timely return the requisite documents, or if the prize notification or prize is returned as undeliverable, the Grand Prize will be forfeited and, at Tennis Canada and its Sponsors’ discretion, awarded to another eligible participant selected, subject to confirmation in accordance with these Terms and Conditions.

The draw/selection of the Secondary Prize Winners will take place the following Monday after a tournament by Tennis Canada at the Tennis Canada Toronto offices (1 Shoreham drive, Toronto, ON, M3N 3A6), whose decisions are final and binding on all aspects of this Game and not subject to appeal. In all cases, Tennis Canada reserves the right to request proof of identity, residency, age and a winner will be deemed to have forfeited the prize if Tennis Canada, in its sole discretion, finds that the proof is unsatisfactory. Secondary Prize Winners will be sent communication within three (3) days of the draw. The Secondary Prize Winners will be required to sign and return an affidavit of eligibility, a liability release, and, where lawful, a publicity release, or the Secondary Prize will be forfeited. If a selected Secondary Prize Winner cannot be reached within five (5) days following the initial notification attempt, is found to be not in compliance with these Terms and Conditions, fails to timely return the requisite documents, or if the prize notification or prize is returned as undeliverable, the Secondary Prize will be forfeited and, at Tennis Canada and its Sponsors’ discretion, awarded to another eligible participant selected, subject to confirmation in accordance with these Terms and Conditions.

The Grand Prize and the Secondary Prize Winners are required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline in order to be declared a Grand Prize Winner or Secondary Prize Winner. Failure to correctly answer this time-limited mathematical skill-testing question may result in the winner not being awarded the prize.

Odds of winning the Grand Prize or Secondary Prizes depend on the number of eligible Participants and their Bracket scores based on the outcome of the Tournament.

In the event that it is found that a Participant created and entered more than one Bracket for the Challenge in either of the tournaments (Men’s ATP singles or Women’s WTA singles) the Participant will be disqualified from winning Grand Prize or the Secondary Prizes. If it is also found that any Participant provided false information in their registration for the Challenge they will also disqualify themselves from winning the Grand Prize or Secondary Prizes. Additional terms and conditions apply; please see General Conditions below.

General Conditions

By entering, each Participant accepts and agrees to be bound by these Terms and Conditions and by the decisions of Administrator, which shall be final and binding in all respects. Further, each Participant also acknowledges and agrees to the Tennis Canada Website Terms and Conditions. Taxes, if any, are the sole responsibility of the Grand Prize Winners and Secondary Prize Winners. No substitution or transfer of the Grand Prize or Secondary Prizes is permitted except by Administrator.

Potential Prize Winner of Grand Prize or Secondary Prizes will be required to sign and return, within ten (10) days of issuance, the Affidavit of Eligibility and Publicity/Liability Release, except where prohibited by law. Failure to return such documents within the specified time period and noncompliance with these Terms and Conditions, by potential Grand Prize Winners or Secondary Prize Winners will be reasons for disqualification.

One of Tennis Canada’s goals in hosting the Challenge is to promote engagement with Tennis Canada (including future contests held by Tennis Canada) and the broader Canadian tennis community. If you are awarded and accept the Grand Prize or a Secondary Prize, we may use your personal information (such as your name, photograph, likeness, statements, biographical information, voice, and address (city and province) for these publicity and promotional purposes (such as congratulating you on our website) without further compensation.

All federal, state, local, and provincial laws and regulations apply. The Challenge Entities are not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Tennis Canada reserves the right to halt or modify the Challenge at any time during the Challenge Period if events beyond its control compromise the Challenge’s fairness or integrity. In the event that a scheduled game is canceled or pre-empted for any reason, no points will be awarded for that game.

The Challenge Entities are not responsible for typographical or other human or technical errors in the offer or administration of this Challenge, including but not limited to errors in advertising, the Terms and Conditions, the selection and announcement of the Grand Prize Winners and Secondary Prize Winners, or the distribution of the Grand Prize or Secondary Prizes.

Tennis Canada, in its sole discretion, may disqualify any Participant from participating in the Challenge, refuse to award points, the Grand Prize or the Secondary Prizes, and/or require the return of the Grand Prize or Secondary Prizes, if Participant(s) engages in any conduct Tennis Canada deems to be improper, unfair or otherwise adverse to the operation of the Challenge or detrimental to other Participants. Such improper conduct includes, but is not limited to, falsifying personal information required during the Challenge registration, Grand Prize or Secondary Prize claim, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the Participant’s personal information for the purpose of accumulating points, tampering with Tennis Canada’s administration of this Challenge, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on the TC website or NBO App. Participant further acknowledges that the forfeiture of the Grand Prize, Secondary Prize and/or return of the Grand Prize or Secondary Prize shall in no way prevent Tennis Canada from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.

Tennis Canada reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Challenge. This Challenge is not affiliated with or endorsed by the ATP or WTA tennis tours, or players and its respective parent and affiliated companies. Any questions, comments or complaints regarding the Challenge should be directed to Tennis Canada. This is a game designed to increase consumer awareness of and interest in Tennis Canada.

This Challenge may not be used for any form of gambling.

Intellectual Property

By submitting your bracket and any other material in relation to the Challenge, including any original or creative work, you waive all moral or other intellectual property rights and grant (or warrant that the owner of such materials expressly grants) to the Challenge Entities, their parents, related and affiliated entities, and subsidiaries, a worldwide, perpetual, royalty-free, irrevocable, sub-licensable, and non-exclusive license and right to (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such submitted materials; and (ii) create compilations and/or derivative works from such submitted materials.

Internet

If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Tennis Canada which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, Tennis Canada reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge. The Challenge Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. The Challenge Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes.

Lost or Corrupted Entries

The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Challenge Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Challenge and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Challenge.

Damaged Property

The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any Participant’s or to any other person’s computer or property related to or resulting from participating in this Challenge or downloading materials from this Challenge.

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TENNIS CANADA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any entry that is incomplete, late, or does not include a validly issued User ID will be disqualified.

In the event that the Challenge is challenged by any legal or regulatory authority, Tennis Canada reserves the right to discontinue or modify the Challenge, or to disqualify Participants residing in the affected geographic areas. In such event, the Challenge Entities shall have no liability to any Participants who are disqualified due to such an action.

Sweepstakes Errors

The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Challenge; (b) in any related advertising or promotions of this Challenge; and/or (c) in these Terms and Conditions including but not limited to errors in advertising, the Terms and Conditions, the selection and announcement of the Grand Prize Winners or Secondary Prize Winners, or the distribution of the Grand Prize or Secondary Prizes. In the event of any ambiguity(s) or error(s) in these Terms and Conditions, Administrators reserve the right to modify these Terms and Conditions for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the Terms and Conditions of the Challenge.

Prize Winner and Grand Prize

The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of the Grand Prize Winners or Secondary Prize Winners, the distribution of the Grand Prize or Secondary Prizes, the acceptance/possession and/or use/misuse of any part of the Grand Prize or Secondary Prizes and/or any injury or damage to any Participant’s or third person’s property related to or resulting from any part of the Grand Prize or Secondary Prizes, or any part of this Challenge.

Release and Indemnity

Each Participant in the Challenge, including, without limitation, the Grand Prize Winners or Secondary Prize Winners, hereby releases and agrees to hold harmless the Challenge Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Grand Prize or Secondary Prizes, participation in this Challenge and participation in any activity related to this Challenge.

Limitation of Liability and Disclaimer of Warranties

IN NO EVENT WILL THE CHALLENGE ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE TENNIS CANADA WEBSITE, NATIONAL BANK OPEN APP AND/OR THE CHALLENGE. DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE TENNIS CANADA WEBSITE, NATIONAL BANK OPEN APP AND/OR THE CHALLENGE. IN NO EVENT SHALL THE CHALLENGE ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE TENNIS CANADA WEBSITE OR NATIONAL BANK OPEN APP INCLUDING THE GRAND PRIZE AND SECONDARY PRIZES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Governing Law and Jurisdiction

This Challenge is subject to all applicable federal, provincial and municipal laws and regulations. THESE TERMS AND CONDITIONS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED UNDER APPLICABLE ONTARIO AND
FEDERAL LAWS. For any matters which are not subject to arbitration as set forth in these Terms and Conditions and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions and/or the Challenge, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of Ontario and federal courts located in the City of Toronto and Province of Ontario. The parties agree not to raise the defense of forum non convenience.

Quebec Residents

Notwithstanding the foregoing, 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.

Trademark Ownership
ATP™, WTA™.

Sponsor/Prize Provider/Administrator’s Mailing Address
Tennis Canada. 1 Shoreham drive, Suite 100, Toronto, ON M3N 3A6