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App Terms of Service / Program Official Rules / Privacy Policy

Manitoba 150 Host Committee Inc. – App Terms of Service

1. User’s Acceptance of Terms of Service

The Explore 150 mobile app and associated Program is made available by Manitoba 150 Host Committee Inc. (“Manitoba 150”). By clicking “I accept” or by accessing or using the Explore 150 mobile app and associated Program and services made available by Manitoba 150 (collectively, the “App”) or any information, resources, services, products, or tools we provide, you agree that you have read, understood, and agree to be bound by all of the terms and conditions contained or referenced herein (the “Terms of Service”).

2. Basic Terms

These Terms of Service are in effect as of November 25, 2019.

We reserve the right to amend these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the App and these Terms of Service from time to time, and to familiarize yourself with any modifications or revisions that may be made hereto. Your continued use of the App after any such revisions will constitute your acknowledgement of the modified Terms of Service, and your agreement to abide and be bound by the modified Terms of Service.

We also reserve the right, in our sole discretion, to either modify or discontinue the App, including any of the App’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the App shall also be subject to these Terms of Service.

3. Description of App

The App is a geography-based platform which allows users to participate in the Explore 150 Program and to be eligible for prizes. In particular, the App identifies 150 locations in Manitoba that users can visit in order to earn points and corresponding entries in the Explore 150 Program’s monthly prizes and overall grand prize. More details on the Explore 150 Program Official Rules are set out in Schedule “A”.

Through your use of the App, you consent to the collection, use, and disclosure of your personal information by Manitoba 150 for the purposes set out in these Terms of Service and the associated Privacy Policy. For more information on the collection, use and disclosure of your personal information, including the safeguards that Manitoba 150 has put in place to protect your personal information, please review the Manitoba 150 Privacy Policy.

4. Your Account

In order to access the App’s functions, you may be required to register as a user and set up an account with a username and password. You represent that all information provided to Manitoba 150 during registration and at all other times is true, accurate, current, and complete, and you agree to update such information as required. You acknowledge and agree that sharing of your account is strictly prohibited, and you may be disqualified from the Explore 150 Program if Manitoba 150 determines that more than one individual is sharing the same account.

You control your account, including the types of information submitted on the App and shared with other users (including any photos you take through or upload to the App). You are responsible for safeguarding your account, including maintaining the confidentiality of your log-in credentials, password and account, and for any and all statements made, and acts or omissions that occur through the use of your password and account. You must take steps to ensure that others do not gain access to your password and account and you must notify Manitoba 150 immediately in writing of any breach of security or unauthorized use of your account, in which case we may initiate an investigation and freeze the use of your account, at our discretion. You may not transfer, sell, license, assign or share your account or any account rights with anyone. We reserve the right to immediately terminate your account if you are in breach of these requirements.

5. Conduct on App

You are solely responsible for your use of the App, for any activity that occurs through your account, and for any data, text, information, profiles, links and other content or material that you submit or post on or through the App.

Manitoba 150 may provide various open communication tools on or through the App, including message boards, various social media services, etc. Comments made using any such communication tools within the App are public and may be viewed by all users of the App.

You are expected to use the App lawfully and in compliance with this Agreement. By using the App, you agree to comply with the following:

  1. to obey all applicable laws and regulations;
  2. not to infringe any third-party right (including, but not limited to, privacy and intellectual property rights);
  3. not to communicate in a manner that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, indecent or otherwise objectionable; or (v) impersonates any person;
  4. not to knowingly provide any false or inaccurate information to Manitoba 150 or fail to promptly take corrective action upon becoming aware that information you previously provided to Manitoba 150 has subsequently become false, inaccurate or misleading;
  5. not to access another user’s account without permission;
  6. not to distribute spam, chain letters, or pyramid schemes (or otherwise use contact information provided or stored as part of the App to violate Canada’s Anti-Spam Legislation);
  7. not to distribute viruses or any other technologies that may harm the interests or property of Manitoba 150 or other users;
  8. not to use any robot, spider, scraper or other automated means to access the App and collect content for any purpose without our express written permission;
  9. not to copy, modify, sell, or distribute any data unless expressly permitted by these Terms of Service or through our written permission;
  10. not to harvest or otherwise collect information about other users, including email addresses or certification(s), without their consent;
  11. not to alter or modify any part of the App;
  12. not to bypass, disable or otherwise interfere with any security-related features of the App or features that prevent or restrict use or copying of any App content or enforce limitations on use of the App or the App’s content;
  13. not to use or launch any system that accesses the App automatically;
  14. not to use the communication systems provided by the App for any commercial solicitation purposes; and
  15. that you are not entitled to remuneration or compensation of any kind from Manitoba 150 for your use of the App.

Manitoba 150 is not responsible or liable for the conduct of any user of the App. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by users of the App. We generally do not pre-screen, monitor, or edit the content posted by users of the App, the associated communications, or other interactive services that may be available on or through the App. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

The App is provided on an ‘as is’ basis without representations, warranties or conditions of any kind. You agree that Manitoba 150 is not liable in any way for the reliability, validity, accuracy, completeness, integrity, decency, quality and timeliness of any information or other content available through the App, and that your use or non-use of, and your reliance or non-reliance on, any such information or other content is at your own risk.

In addition, you may not use your account or the App to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the App may be available to you or other authorized users of the App. You shall not interfere with anyone else’s use and enjoyment of the App or other similar services. Users who violate systems or network security may incur criminal or civil liability.

YOUR FAILURE TO COMPLY WITH ANY OF THE ABOVE TERMS AND CONDITIONS CONSTITUTES GROUNDS FOR MANITOBA 150 TO IMMEDIATELY, AND IN OUR SOLE DISCRETION, TERMINATE YOUR ACCESS TO AND USE OF THE APP AND ITS CONTENTS. IN SUCH EVENT, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE OR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF THE APP, NOR FOR ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS OR USE OF THE APP.

6. Third Party Sites and Service Providers

There may be links from the App, or from communications or images within the App, to third-party websites or features. These other sites and parties are not under our control, and you acknowledge that Manitoba 150 is not responsible for the accuracy, copyright compliance, privacy practices, legality, decency, or any other aspect of the content of such sites, nor is Manitoba 150 responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link, advertisement, or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Manitoba 150 with respect such links, websites and third party information. Manitoba 150 assumes no responsibility for your use of, nor the content of, sites not it does not control. Your use of such websites is at your own risk.

7. Intellectual Property Information

For the purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the App.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on the App is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of Manitoba 150 and its licensors. You are only permitted to use the content as expressly authorized by Manitoba 150 or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the App in any form or by any means without prior written permission from Manitoba 150. Any unauthorized use of the materials appearing on the App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We do not warrant or represent that your use of materials displayed on, or obtained through, the App will not infringe the rights, including without limitation intellectual property rights, of third parties.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Manitoba 150 and are subject to intellectual property rights under the laws of Canada and other countries, as applicable. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right or license to use any intellectual property, including without limitation any trademark, service mark, logo, and/or the name of Manitoba 150.

You agree that you will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, reproduce, duplicate, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the App in whole or in part, including any data or information contained therein. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Manitoba 150or its licensors. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

8. Unauthorized Use of Materials

Please do not submit confidential or proprietary information to Manitoba 150 unless we have mutually agreed in writing otherwise. Subject to our Privacy Policy, any communication, content or material that you transmit to the App or to us, whether by electronic mail, post, or other means, for any reason, will be treated by default as non-confidential and non-proprietary. Manitoba 150 does not claim ownership in any of the content that you post on or through the App. Instead, you grant Manitoba 150 a non-exclusive, royalty-free and fully paid-up, perpetual, sublicenseable, transferable and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such content for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

You shall be solely responsible for your content and the consequences of submitting the same to Manitoba 150 and the App. Where you are uploading or posting any information or other content to the App, you represent and warrant to Manitoba 150 that you have the right to post this content and to grant the licenses to Manitoba 150 described in these Terms of Service, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms of Service.

9. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE APP WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APP, OR (D) NO HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM WILL RESULT FROM YOUR ACCESS TO OR USE OF THE APP.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THE APP AT ANY TIME WITHOUT NOTICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF THE APP OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE APP.

IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST MANITOBA 150, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE APP AND/OR RELATED SERVICES OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MANITOBA 150 FOR THE USE OF THE APP AND RELATED SERVICES.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MANITOBA 150 AND ITS SPONSOR, TRAVEL MANITOBA, AND ANY OTHER AFFILIATES AND AGENTS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE APP, YOUR VIOLATION OF ANY OF THE TERMS OF SERVICE, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH THE BLACKLIST IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE APP.

12. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your account or your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities. Further, we reserve the right to refuse access to the App to anyone for any reason at any time.

Upon termination or suspension, regardless of the reasons therefore, your right to use the App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the App. Your access to the App, your comments, and all other data will no longer be accessible through your account, but such data may still appear within the App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Manitoba 150 in connection with such termination or suspension.

You may choose to end your legal agreement with Manitoba 150 at any time by deactivating your account and discontinuing your use of the App. To deactivate your account, please contact Manitoba 150 at the address set out below.

13. Governing Law

These Terms of Service are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Each of the parties agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of Manitoba with respect to such matters.

14. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Manitoba 150 must be sent to the attention of explore@manitoba150.com. Notwithstanding the foregoing, we may broadcast notices or messages through the App to inform you of changes to the App or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

15. Entire Agreement

Unless otherwise provided herein, these Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and Manitoba 150. To the extent that anything in or associated with the App is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

16. Miscellaneous

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by Manitoba 150 to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that or any other right or provision.

17. Contact Information

If you have any questions about these Terms of Service or the App, please contact us at explore@manitoba150.com. If you receive notice that any user is violating this Agreement, including misusing the App to send unsolicited commercial electronic messages, please contact Manitoba 150 immediately.

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Schedule “A” – Explore 150 Program Official Rules

The Explore 150 Program is intended for Manitoba residents. Please do not participate in the Program if you are not a legal resident of Manitoba at the time of entry. In order to enter, participants must indicate that they have read, understood and accept these Program Official Rules. Please read these Official Rules carefully as they contain important terms and conditions relating to the Program.

1. Defined Terms

1.1. “Contest Period” means the duration of time between the Program Start Date and the Program Closing Date.

1.2. “Grand Prize Draw Date” means the date on which the grand prize draw will take place, currently anticipated to be on January 15, 2021 in Winnipeg, Manitoba.

1.3. “Monthly Draw Date” means the date on which each of the twelve (12) monthly draws will take place, currently anticipated to be at 12:00pm CST in Winnipeg, Manitoba on the 5th day after month-end.

1.4 “Official Rules” means these Program contest rules.

1.5 “Program Closing Date” means December 31, 2020 at 11:59 PM CST.

1.6. “Program Start Date” means December 12, 2019 at 12:01 AM CST.

1.7. “Prizes” means the twelve (12) monthly prizes and single (1) grand prize available to participants in the Program. Details regarding each of the Prizes and their availability will be provided in the App.

1.8. “Releasees” means Manitoba 150, its affiliated and related companies, business partners, advertising and promotional agencies, Prize suppliers, and each of their respective directors, officers, employees, agents, representatives, successors and assigns and all others associated with the Program.

1.9. “Release Form” means a declaration and publicity release form.

1.10. “Selected Entrant” means an entrant selected through a random draw by Manitoba 150 for each of the Prizes.

2. Eligibility

2.1. To enter and be eligible to win one or more of the Prizes, at the time of participation in the Program, a person must be an individual legal resident of Manitoba.

2.2. Manitoba 150 shall have the right at any time to require proof of identity and/or eligibility to participate in the Program. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Manitoba 150 for the purpose of the Program must be truthful, complete, accurate and in no way misleading. Manitoba 150 reserves the right, in its sole discretion to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

3. Contest Period

3.1. The Program commences at the Program Start Date and ends at the Program Closing Date, which encompasses the overall Contest Period. All entries for the Grand Prize Draw must be completed by the Program Closing Date. Entries for each Monthly Draw will be closed by the applicable Monthly Draw Date.

3.2. Manitoba 150’s computer system is used to govern all computer and time-related aspects of the Program and is the official time-keeping device for the Program.

4. How to Enter (No Purchase Necessary)

4.1. Participants may enter the Program by downloading the App, creating an account, and then checking in through the App each time he, she or they visits one of the 150 Program locations within Manitoba. Each location shall be associated with a designated number of prize entries to both the then-current monthly prize draw as well as the overall grand prize draw. Participants can also collect badges through the App for additional prize entries, as specified thereon.

4.2. If any of the 150 Program locations becomes permanently unavailable as determined by Manitoba 150 in its sole discretion, then each Program participant will be automatically awarded the number of prize entries associated with such location and the location will be removed.

5. Prizes

5.1. Each of the Prizes is available to be won by a Selected Entrant with a valid entry.

5.2. The estimated time to make a Prize available to the Selected Entrant is approximately six (6) weeks. By accepting a Prize the Selected Entrant agrees that he/she/they is/are responsible to pick-up or otherwise arrange for delivery of such Prize.

5.3. Manitoba 150 will not be held responsible in any manner whatsoever should the Selected Entrant not be satisfied in any way with the applicable Prize.

5.4 The Prizes must be accepted as awarded without substitution and have no cash surrender value. Manitoba 150 reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute a Prize or any component of a Prize without liability.

5.5 Manitoba 150 will not be held liable for any injury, loss or damages that could directly or indirectly incur by reason of acceptance of a Prize.

6. Draws

6.1 A random draw for each of the Prizes will be conducted by Manitoba 150 on the applicable Draw Date (Monthly Draw Date or Grand Prize Draw Date) for each Prize amongst all eligible entries received.

6.2 The chances of being selected for the particular Prize depends on the total number of eligible entries received for such Draw.

6.3 The Selected Entrant for each of the Prizes will be contacted by phone or email within five (5) business days of the applicable Draw Date.

6.4 If the Selected Entrant cannot be contacted within ten (10) business days, his/her/their entry will be disqualified and another entrant will be randomly selected from the remaining eligible entries and the process above will be repeated until such time as contact is made with a Selected Entrant or there are no more eligible entrants.

6.5 Prior to being declared a winner, the Selected Entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed by email or telephone at a mutually convenient time within five (5) business days of the initial contact between Manitoba 150 and Selected Entrant.

6.6 In the event that the Selected Entrant incorrectly answers the mathematical skill-testing question, he/she/they will be disqualified and another entrant will be randomly selected and the above process will be repeated until such time as there is one confirmed winner for each Prize or no more eligible entries are available.

7. Release Form

7.1 Prior to being declared the winner and receiving a Prize, the Selected Entrant will be required to sign a Release Form.

7.2 By completing and returning the Release Form, the Selected Entrant confirms compliance with the Official Rules, accepts the Prize as awarded, without substitution, releases the Releasees (as specified more fully below) from all liability relating to the Program and/or to the Prize, and consents to the use of his/her/their name, address (city and province) and/or photographs, without additional compensation or notice, in connection with any publicity carried out by or on behalf of Manitoba 150 with respect to the Program.

7.3 The signed Release Form and other information or documents requested by Manitoba 150 must be returned within the time period specified on the Release Form or the Prize will be forfeited and another entrant will be selected, and the process above will be repeated.

7.4 Upon receipt of the completed Release Form, Manitoba 150 or a designated agent will be in contact with the winner within five (5) business days. No correspondence will be entered into except with the Selected Entrant.

8. General

8.1 By entering the Program, participants agree to read, abide and be bound by the Official Rules, including all eligibility requirements and by the decisions of Manitoba 150, made in its sole discretion, which shall be final and binding in all matters relating to the Program. Participants who have not complied with the Official Rules are subject to disqualification.

8.2 By entering the Program and, if applicable, completing the Release Form, the entrant agrees to release and hold harmless the Releasees, from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, claims and demands, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract, and fundamental breach and liability for physical injury, death, or property damage which an entrant or his/her/their administrators, heirs, successors, or assigns might have or could have, by reason of or arising out of the Selected Entrant’s participation in the Program and/or in connection with the acceptance or use of a Prize.

8.3 Manitoba 150 reserves the right to cancel, terminate, modify, or suspend in whole or in part this Program at any time and in any way, without prior notice. Without limiting the foregoing, if for any reason the Program is not capable of running as originally planned, for example as a result of tampering or infection by a computer virus, Manitoba 150 reserves the right to cancel the Program.

8.4 Manitoba 150 does not assume any responsibility and are not responsible for (i) the incorrect or inaccurate capture of entry information and entries that fail to comply with the Official Rules; (ii) any loss, damage, or claims caused by a Prize or the Program itself; or (iii) any failure of the App during the Contest Period, including any problems, human or technical errors, printing or typographical errors, lost, delayed or garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines or networks, technical malfunctions of any computer online systems, computer equipment, servers, access providers, software, failure of any e-mail or entry 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 an entrant’s or any other person’s computer relating to or resulting from downloading any material connected to the Program, all of which may affect a person’s ability to participate in the Program.

8.5 Manitoba 150 does not assume any responsibility and is not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s mailbox to receive e-mail messages, or for late, lost, illegible, incomplete, falsified, damaged, misdirected, mutilated, garbled, or incomplete entries, which will be void.

8.6 Any attempt to deliberately damage the App or to undermine the legitimate operation of the Program is a violation of criminal and civil laws. Should such an attempt be made, Manitoba 150 reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

8.7 If, due to any technical, production or other error, more Prizes are claimed or awarded than are described in the Official Rules, the number of Prizes identified in the Official Rules will be awarded in a random drawing from all such Prize claims received.

8.8 In no event will Manitoba 150 be responsible or liable for more than the stated number of Prizes described in the Official Rules.

8.9 The Program is subject to all applicable laws. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrants and Manitoba 150 in connection with the Program, shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, without regard to conflicts of law principles.

8.10 The approximate retail value of any of the Prizes as stated by Manitoba 150 is subject to price fluctuations in the consumer marketplace based on, among other things, the passage of time between the date the approximate retail value are stated by Manitoba 150 and the date the Prizes are awarded or redeemed. If, at the time a Prize is redeemed or awarded, the actual prevailing retail purchase price for the Prize is less than the approximate retail value stated by Manitoba 150, the Selected Entrant will not be entitled to a cheque or cash for the price difference.

8.11 In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Program-related materials, including, but not limited to: the App sign-up process, and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.

8.12 For greater certainty, Apple Inc. is not a sponsor of or a participant in the Program.

8.13 Any questions regarding the Program should be sent to explore@manitoba150.com.

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Privacy Policy

The privacy and security of personal information is very important to Manitoba 150 Host Committee Inc. (“Manitoba 150”). It is Manitoba 150’s policy to protect and respect the privacy of personal information in accordance with applicable privacy laws. This Privacy Policy guides Manitoba 150’s privacy and security practices with respect to all personal information in the possession and control of Manitoba 150, and may be supplemented by specific policies, procedures, and practices.

Why does Manitoba 150 collect personal information?

Manitoba 150 may collect personal information for the following purposes:

  • To conduct its operations, including providing the Explore 150 mobile app and the associated Program and services to you (the “App”);
  • To administer, plan, and manage the relationship with individuals and to communicate with individuals regarding the App;
  • To provide individuals with information on current and future programs or other developments with respect to Manitoba 150 and its partners (in accordance with Canada’s Anti-Spam Legislation – see below); and
  • To comply with applicable legal and regulatory requirements or to protect Manitoba 150’s legal rights and property;
    (collectively, the “Authorized Purposes”).

The type of information that Manitoba 150 may collect from individuals includes, for example, name, email address, address, phone number, geolocations when using the App, and other information individuals choose to provide.

Manitoba 150 may collect personal information for other purposes where it has a legal duty or right to do so or where Manitoba 150 has a good faith belief that it is necessary to protect the property or rights of Manitoba 150.

Manitoba 150 does not collect personal information for any other purposes, unless it has the consent of the individual to whom it relates.

How does Manitoba 150 collect personal information?

Manitoba 150 only collects personal information about an individual with the individual’s knowledge and consent. Generally, this means that Manitoba 150 collects personal information directly from the individual to whom it relates, whether via Manitoba 150’s website, mobile application, email, or in person. Occasionally, Manitoba 150 may collect personal information from third party sources, but only with the knowledge and consent of the individual or where otherwise authorized by law.

Users of the App should also be aware that anonymous technical information may be collected by Manitoba 150 as a result of their use of the App. For example, this information may include the visitor’s IP address, geolocation and access times. Manitoba 150 uses this anonymous technical information for purposes such as diagnosing problems with Manitoba 150’s servers, improving the operation and content of the App and Manitoba 150’s website and compiling aggregate and statistical information.

Manitoba 150 will not attempt to link or match such anonymous technical information with any personally-identifiable information unless Manitoba 150 has an individual’s consent, Manitoba 150 (or its service providers) have detected or reasonably suspect any unlawful use of Manitoba 150’s website or App or a security breach, or Manitoba 150 has a legal duty or right to do so.

For greater certainty, with respect to your geolocation, the App implements Google Maps/Earth mapping in order to provide the Explore 150 Program and associated services to you, and accordingly your use of the App is subject to the Google Maps/Google Earth Additional Terms of Service and Google’s Privacy Policy located at http://www.google.com/policies/privacy, both as may be amended by Google from time to time.

When does Manitoba 150 use or disclose personal information?

Manitoba 150 only uses or discloses personal information as reasonably required to facilitate the Authorized Purposes listed above.

In some cases, Manitoba 150 may share personal information with third party service providers performing functions on Manitoba 150’s behalf, including, for example, vendors that provide information technology services or provide analytics or assessment services.

Manitoba 150 does not otherwise use or disclose personal information unless Manitoba 150 has an individual’s consent, Manitoba 150 has a good faith belief that disclosure of the information is necessary to protect the rights or property of Organization, or Manitoba 150 has a legal duty or right to do so.

Manitoba 150 does not rent, sell or trade App user lists or other personal information.

Consent – Is there a choice?

Individuals provide their consent to the collection, use, and disclosure of personal information by Manitoba 150 when they provide their information to Manitoba 150, use the App, or otherwise participate in Manitoba 150’s operations.

Individuals can deny or withdraw their consent to Manitoba 150’s collection, use and disclosure of their personal information at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is denied or withdrawn, Manitoba 150 may not be able to provide certain operations or related services.

Manitoba 150 and its partners may use personal information to inform individuals of current and/or new operations or other developments that Manitoba 150 or its partners believe will be of interest to individuals in accordance with Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail, fax or regular mail. Individuals provide their consent to Manitoba 150 and its partners contacting them in this manner when they participate in Manitoba 150’s operations. Individuals may opt-out of receiving such communications by contacting Manitoba 150 at the address below.

How does Manitoba 150 protect the security of personal information?

Manitoba 150 has in place reasonable policies, procedures and safeguards (including physical, technological and organizational measures) designed to protect the security of personal information under its control.

The protection of personal information is of paramount concern to Manitoba 150, and Manitoba 150 is prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable privacy laws.

Manitoba 150 makes every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from individuals. Manitoba 150 relies on individuals to notify Manitoba 150 if there is a change to their personal information that may affect their relationship with Manitoba 150.

Manitoba 150 retains personal information only as long as is reasonable to fulfill the purposes for which the information was collected, or for legal or business purposes.

Does Manitoba 150 provide access to personal information?

Manitoba 150 will provide individuals with access to the personal information Manitoba 150 holds about them in accordance with applicable laws. Manitoba 150 reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for such access. However, Manitoba 150 reserves the right to charge such costs on a case by case basis in accordance with applicable laws. The individual will be notified in advance if charges apply.

Manitoba 150 will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.

Storage and Processing

Manitoba 150 will store the personal information on its internal servers and/or with its services providers.

Manitoba 150’s service providers may store and/or process personal information outside of Canada (including in the United States of America). When information is stored or processed outside of Canada, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. Manitoba 150 has taken appropriate technical, organizational, and legal steps to secure this information.

Contact Manitoba 150

For further information about Manitoba 150’s privacy practices or to make a request for access to personal information, please contact Manitoba 150’s Privacy Officer at explore@manitoba150.com.

The foregoing policy is effective as of November 25, 2019. Manitoba 150 reserves the right to change this policy at any time in accordance with applicable laws.

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