YCM magazine - September / October 2010

THESE CONTEST RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE CONTESTS AND GIVEAWAYS (EACH A “CONTEST” AND COLLECTIVELY THE “CONTESTS), ADMINISTERED BY GAS KING OIL CO. LTD. (“GAS KING”), THE CONTESTS ARE INTENDED TO BE CONDUCTED IN THE PROVINCE OF ALBERTA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTESTS CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1. Eligibility: To be eligible to enter a Contest, an individual must:

· be a member of Gas King’s King Card Rewards loyalty program (the “Loyalty Program”). To join the Loyalty Program get a free King Card at any Gas King location and complete the registration online at https://gasking.com/card-products/king-card-rewards/. You can also download the Gas King App or use this BanKing Centre kiosk to complete the registration. All previously registered members of the Loyalty Program are eligible to enter;

· be a legal resident of, and the age of majority in, the province of Alberta.

Employees of Gas King and their relatives, Gas King’s parent company, affiliates, subsidiaries, related companies, successors and assigns (collectively “Gas King”), related advertising and promotional agencies and Contest prize providers (all such entities being individually and collectively referred to hereafter as the “Sponsors”), are not eligible to enter or participate in the Contests unless otherwise specified by the Sponsors.

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

2. Contest Periods: Each Contest entry period (each a “Contest Period”) shall start and end as announced (the “Program”) and / or as indicated on gasking.com (the “Contest Website”) after which time the Contest will be closed and no other entries shall be accepted.

3. How to Enter

· There is no purchase necessary to enter a Contest. To enter prior to the end of an applicable Contest Period, scan your Gas King Rewards card daily at participating BanKing Centre kiosk locations, (during store hours), to spin the wheel or enter as otherwise instructed. Entries must be received prior to the end of the applicable Contest Period to be eligible for entry.

· Limit of one (1) entry per person per day (12:00 am to 11:59 pm) unless otherwise indicated. In the case of multiple entries, only the first eligible entry will be used, and the remaining entries will be void.

· Each Contest prize shall have an approximate retail value between one Canadian dollar (CDN $1.00) and one thousand Canadian dollars (CDN $1,000.00) and shall be announced and

described on the Contest Website at the beginning of each Contest Period. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value.

· Grand Prize winners will be contacted by the Sponsors with instructions on how to claim their prize. Instant prizes must be redeemed with a valid receipt printed from the BanKing Centre kiosk.

· Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a prize will be forfeited and have no cash value. The Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.

· The Sponsors shall not assume any liability for lost, damaged or misdirected prizes.

· In the case of concert or event tickets, if an artist or any of their band members are unable to attend the applicable concert or event or a concert or event is cancelled for any reason whatsoever, the prize and any prize portions shall be deemed fulfilled and such prize or prize portions will not be substituted, except in the sole discretion of the Sponsors.

· In the case of gift cards or gift certificates, the terms by which the gift cards or gift certificates may be redeemed are governed by the applicable retailer or service provider. Gas King is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates.

5. Prize Conditions

· All incidental costs and expenses not specifically referred to herein as part of the prize description (the “Expenses”) are the sole responsibility of the prize winner and / or guest(s), where applicable. All prize elements are subject to availability and substitution. The winner shall not seek reimbursement for the Expenses from the Sponsors.

6. Winner Selection

· Following the end of the applicable Contest Period, Gas King will select one (1) entrant (or more, if applicable, based on the number of prizes available to be won) by a random draw from all eligible entries received during the Contest Period, unless otherwise indicated. Each entrant shall be eligible to win only one (1) prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received for the Contest. Any remaining entries will not be carried forward for entry in the next Contest. If it is determined that a winner selected has won a Gas King contest in the last twelve (12) month period Gas King reserves the reserves the right to select another winner.

· Before being declared a winner, the selected entrant(s) shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with these Contest Rules and may be required to sign and return the Release (described below).

· If the selected entrant does not respond within three (3) business days of notification, they will be disqualified and will not receive a prize and another entrant may be selected (as determined by Gas King in its sole discretion) until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.

· If, as a result of an error relating to the entry process, drawing or any other aspect of a Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.

7. Release: Winners (and if applicable, any guest of the winner) may be required to execute a release of other legal agreement (“Release”) that confirms their: (a) eligibility for the Contest and compliance with these Contest Rules; (b) acceptance of the prize as offered; (c) release of the Sponsors. The executed Release(s) must be returned within two (2) business days of the date indicated on the accompanying letter of notification or verification as a winner, or the selected individual(s) will be disqualified and any rights they may have to the prize will be forfeited.

8. Indemnification by Entrant: By entering a Contest, each entrant releases and holds the Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrants or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

9. Limitation of Liability: The Sponsors assume no responsibility or liability for lost, late, unintelligible / illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors 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. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsors are not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical

failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Contest and / or the Contest Website.

10. Contest Participation: By participating in a Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, the Contest Website, or any related promotional website; (c) violating the terms of service, conditions of use and / or general rules or guidelines of any the Sponsor’s property or service; and / or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. If applicable, winners (and guests, if applicable) must at all times behave appropriately when taking part in the prize and observe the Contest Rules and any other rules or regulations in force at any prize-related locations. The Sponsors reserve the right to remove from any prize-related locations, any winner and / or guest who breaks such rules and / or fails to behave appropriately and to disqualify such winner and / or guest.

11. Privacy / Use of Personal Information

· By participating in the Contest, each entrant: (a) grants to the Sponsors the right to use their personal information provided when they enter the Contest (collectively the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest prize; (b) grants to the Sponsors the right to use their Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law; and (c) acknowledges that the Sponsors may disclose their Personal Information to third-party agents and service providers of the Sponsors in connection with any of the activities listed in (a) and / or (b) above.

· Gas King will use each entrant’s Personal Information only for identified purposes, and protect each entrant’s Personal Information in a manner that is consistent with the Gas King Privacy Policy at: https://gasking.com/privacy-policy/.

· By participating in the contest, the entrant grants Gas King and its affiliated parties’ access to the entrant’s loyalty profile without the use of a PIN number. The purposes of this are to alleviate disruptions with the game-flow and ensure that the entrant has a pleasant gameplay experience.

13. Intellectual Property: All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and / or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

14. Contest Termination: Gas King reserves the right, in their sole discretion, to terminate any Contest, in whole or in part, and / or modify, amend or suspend a Contest, and / or the Contest Rules in any way, at any time, for any reason without prior notice.

15. Applicable Laws: These are the official Contest Rules. The Contests are subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors and / or the Contests. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contests shall be governed by and construed in accordance with the laws of the province of Alberta including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

16. Language Discrepancy: In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.

17. Social Media: This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and / or publicized, including but not limited to Facebook and / or X (formerly known as Twitter). Any personal information provided in connection with the Contest is being provided to Gas King and not to Facebook and / or X (formerly known as Twitter). Any questions or comments regarding a Contest must be directed to Gas King and not to any of the social media platforms on which the Contest may have been advertised.