The Horizons ETFs Biggest Winner Contest Rules
THE HORIZONS ETFs BIGGEST WINNER CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY OR OLDER IN THEIR PROVINCE OR TERRITORY OF RESIDENCE AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”). THE CONTEST IS A STOCK MARKET SIMULATION GAME AND ALL EXCHANGE TRADED FUNDs (“ETFs”) PURCHASES OR SALES MADE IN THE CONTEST SHALL NOT CONSTITUTE ACTUAL STOCK MARKET TRADES
- Registration Period – The Registration period for the Contest begins at 9:30 a.m. Eastern Time (“ET”) on Monday, April 8th, 2019 and goes until the end of the competition as late registrations will be permitted (the “Registration Period”). 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”) reserve the right to limit, turn off, reject or cancel registrations as they deem necessary in their sole discretion.
- Registration – To register online, complete and submit the entry form located at biggestwinner.stocktrak.com (the “Contest Website”). Each person who registers for the Contest (a “Registrant”) is limited to one (1) entry in the Contest.
- Trading Period – The trading period begins at 9:30 a.m. ET on Monday, May 6, 2019 and ends at 4:00 p.m. ET on Friday, June 14, 2019 (the “Trading Period”).
- Initial Cash Balance – Each Registrant to the Contest will be given an initial balance of CDN$100,000 of notional fantasy funds (“Fantasy Funds”) (no actual money will be involved) in their Contest portfolio account (the “Account”).
- Training Portfolio vs. Account – The “Training Portfolio” allows Registrants to track their progress and evaluate how well their ETFs are doing, without affecting their Contest results. The ‘’Account’’ is what game officials will use to determine a player’s success in the challenge and to determine if a Registrant is eligible for a prize.
- Eligible Securities – Registrants can execute notional transactions only in ETFs listed on the TSX as of the end of the Registration Period. There is a maximum position of 25% in any one ETF. Registrants cannot trade stocks, pink sheet stocks, mutual funds, options, futures, or bonds.
- Order Types and Trade Execution – Market, limit, and stop orders will be accepted. All orders are executed at the real-time bid/ask prices when placed during market hours. Due to TSX regulations, the Contest Website will display a price estimate delayed by 15-20 minutes. Each ETF transaction made by a Registrant will automatically appear in the Registrant’s Account and transaction history.
Orders placed while the markets are closed will be executed at an appropriate bid/ask price shortly after the market opens.
ETF transactions placed after market hours can be viewed in the Registrant’s transaction history. Pending ETF transactions can be cancelled until 9:25 am ET on the day the trade is scheduled for execution. Pending ETF market orders placed on temporarily halted ETFs will be cancelled if trading does not resume by the end of the day.
Limit and stop orders may be placed as “Day” orders which are good for the day only, or as “GTC” orders, which are good until cancelled.
If a Registrant does not have adequate Fantasy Funds or buying power to process an ETF trade in his/her Account, the number of units will be adjusted to allow the trade to be filled as best it can.
- Commissions – Each trade made by a Registrant (described below) in their Account will incur a notional broker commission fee of $0 of Fantasy Funds regardless of the number of ETF units traded.
- Buying on Margin – Buying on margin is not permitted.
- Short Sells – Short sells are not permitted.
- Splits, Dividends and other Corporate Actions – Most stock splits, dividends, and other corporate actions reported by the news wires will be accounted for after the markets have closed and prior to the next market opening. These situations may cause account values to be misrepresented until the reconciliation occurs.
- Trading Halts – Halted, restricted, and blocked ETFs will not be available for trading. Any ETF trade that is confirmed after trading has been halted will be reversed.
- Cancelling Market Orders – Registrants cannot cancel market orders placed during market hours.
- Discrepancies – Registrants must report any Account discrepancy within one (1) week from the transaction date. Stock-Trak Group will investigate and adjust any valid discrepancy. Discrepancies reported after one (1) week may or may not be adjusted in Stock-Trak Group’s sole discretion. All decisions of Stock-Trak Group will be final.
- Transaction Limits – Registrants may invest a maximum of 25% of their initial Account value (CDN $25,000 of Fantasy Funds) in any one ETF. The maximum number of trades allowed for the Trading Period is 5,000.
- Trading volume limits – Limits on the volume of orders placed when the market is closed may not exceed 10% of the average daily volume. Orders placed when the market is open may not exceed 10% of the volume at the time the transaction is submitted. The aggregate number of Units of ETFs exchanged at any one time may not exceed 50% of the ETF’s volume at that time.
(a) In order to be eligible for the Contest, an individual must:
- be a legal resident of Canada; and
- be of the age of majority in his/her province or territory of residence or older at the time of entry.
Horizons Group and Stock-Trak Group, their respective affiliates, related companies, advertising and promotional agencies, and the household members of current employees of any of such entities, are not eligible to participate in the Contest. NBDB employees, National Bank Financial Inc. employees, and the household members of NBDB and National Bank Financial Inc. employees are not eligible to participate in the Contest.
(b) Horizons Group and Stock-Trak Group shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Horizons Group and Stock-Trak Group for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Horizons Group and Stock-Trak Group reserve the right, in their sole discretion, to disqualify any Registrant should such a Registrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
(c) Prize Eligibility. In order to be eligible to win the prizes of the Contest described below, Registrants must be Canadian residents, must be over the age of majority in his/her province of residence at the time of registration, and must have only registered one (1) entry in the Contest.
(a) Top Investor Prize. There is one (1) Top Investor Prize available of CDN$7,500.00 cash for the Registrant with the highest Account value at the end of the Trading period; there is one (1) Runner-up prize of CDN$2,500.00 cash for the Registrant with the second highest Account value at the end of the Trading period.
(b) Weekly Prizes. There are 6 Weekly Prizes (each a “Weekly Prize”) available to be won during the Trading period, each consisting of CDN$500.00 cash. Weekly Prizes will be awarded to player with the largest percentage gain over a week in their Account. Weekly Prizes will be determined based on a player’s Account value on Monday morning before market open. Players must login at least once during the prior week in order to be eligible.
- Winners and Leader Board – Registrants’ positions on the leader board are unofficial. Registrants listed on the leader board may not be the actual winners. Stock-Trak Group conducts audits to determine weekly winners. All pricing information is received from Thompson Reuters, an independent data provider, and Stock-Trak Group is not responsible for the accuracy of such data. All prices are an approximation of market value at the time each trade is executed. Stock-Trak Group will make commercially reasonable efforts to ensure that trades are filled at actual price at the time of trade, but makes no guarantee that the price at which a Registrant buys or sells an ETF will match any other price that may be found outside of the Contest. If Stock-Trak Group finds trades counter to or outside the scope of these Contest Rules, Stock-Trak Group has final trading adjustment authority to rectify.
- Winner Notification – Winners will be notified in a commercially reasonable timeframe via email from Horizons ETFs, after the account audit process has concluded. Winner acknowledges that it is his/her responsibility to ensure that his/her contact information is valid and accurate. Sponsors will require each Winner to provide proof of age of majority, residency and identity prior to the awarding of a prize. Sponsors accept no responsibility for inaccurate or invalid information submitted by Registrants. Winners are responsible for any taxes due and other expenses as a result of his/her acceptance of a prize.
The Name of the Weekly-Prize winner will be published on our Contest Website homepage and on our Facebook page by 5:00 pm EST on May 15th, May 22nd, May 29th, June 5th, June 12th, and June 19th, 2019.
The Names of the Grand-prize winner and Runner up will be published on our Contest Website homepage and on our Facebook page by 5:00 pm EST on June 21, 2019.
- Release – Each winner will be required to execute a legal agreement and release (“Release”) that confirms winner’s: (i) eligibility for being in the Contest and in compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the trading platform, participation in any contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a winner or the selected Registrant will be disqualified and the prize forfeited.
- Indemnification by Registrant – By registering for the Contest, Registrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the Registrant 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 these Contest Rules, or in any prize-related activity. The Registrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
- Limitation of Liability – The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, trades, notifications, responses, replies, 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 a trade. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by Contest 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. The Sponsors are not responsible for any injury or damage to Registrant or to any computer related to or resulting from participating or downloading materials in the Contest. Registrant 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 the Contest Website.
- Conduct – By participating in the Contest, each Registrant agrees to be bound by these Contest Rules, which will be posted at the Contest Website and made available throughout the Contest Period. Registrant further agrees to be bound by the decisions of Horizons Group and Stock-Trak Group, which shall be final and binding in all respects. Horizons Group and Stock-Trak Group reserve the right, in their sole discretion, to disqualify any Registrant found to be: (a) violating these Contest Rules; (b) tampering or attempting to tamper with the entry or trading process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of the Contest Website; 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.
- Privacy/Use of Personal Information
(a) By participating in the Contest, Registrant: (i) grants to Horizons Group and Stock-Trak Group the right to use his/her name, mailing address, telephone number, and e-mail address for the purpose of administering the Contest, including but not limited to contacting and announcing the winners; and (ii) acknowledges that Horizons Group and Stock-Trak Group may disclose his/her personal information to third-party agents and service providers of any of Horizons Group and Stock-Trak Group in connection with any of the activities listed in 25(a) above.
(b) By participating in the Contest, unless you instruct Stock-Trak Group otherwise, you consent to Stock-Trak Group Inc.’s disclosure of your personal information such as your mailing address, telephone number, and e-mail address to the other Sponsors so they may communicate with you for the purpose of: (i) promoting and offering you products and services that may be of interest to you and disclosure of such personal information to their affiliates so they can use it for the same marketing purposes; and (ii) promoting draws and contests similar to the Contest, promoting opportunities to subscribe to newsletters or promotional clubs, and notifying you about related products or services.
(c) The Sponsors will use the Registrant’s personal information in a manner that is consistent with all applicable laws only for the above identified purposes, and protect the Registrant’s personal information accordingly.
- Intellectual Property – All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates, as applicable. 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.
- Termination – Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or these Contest Rules in any way, at any time, for any reason without prior notice.
- Law – These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. These 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules or the rights and obligations as between the Registrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario 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.
- Discrepancy – In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these Contest Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of these Contest Rules, the English version shall prevail, govern and control.
- For Residents of Quebec – 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 Régie only for the purpose of helping the parties reach a settlement.
- Contest rules are available at biggestwinner.stocktrak.com, click on the link “Contest Rules”.