Hilo Contest Rules – Destination Smart Home

1. CONTEST PERIOD

The Destination Smart Home contest (the “Contest”) is being held by Hilo Services Inc. (the “Organizer”) for the purposes outlined in these Hilo Contest Rules (the “Rules”). This Organizer is the sole operator of the Contest. The Contest begins at 8 a.m. ET on July 13, 2021 and ends at 11:59 p.m. ET on September 30, 2021 (the “Contest Period”).

2. ELIGIBILITY AND REGISTRATION

The Contest is open to anyone aged 18 and over who is a resident of Quebec at the time of their registration in the Contest, except for any facilitator directly connected with the running of the Contest and any employee, administrator, manager, representative or agent of the Organizer or of one of their affiliated companies or subsidiaries or its advertising and promotional agencies, suppliers or consultants, legal or de facto spouses, or anyone with whom such employees, administrators, managers, representatives or agents reside. The Organizer reserves the right to verify the eligibility of any prospective winners.

3. HOW TO PARTICIPATE

No purchase required.

To participate in the Contest and to get a chance of winning a Prize (described in Section 5), participants must:

  1. Visit the Hilo website https://www.hiloenergie.com/en-ca/ (the "Website").
  2. Fill in the contest entry form available on the Website https://hiloenergie.powerappsportals.com/concoursbixi (the “Form”). All fields in the form must be completed except those that are marked as optional. Entry forms containing false, misleading or inappropriate information may, at the Contest Organizer’s sole discretion, be excluded.
  3. Subscribe to the Hilo newsletter (the "Newsletter").

By subscribing to the Newsletter, participants consent to receiving by email, text message or any other electronic messaging service, offers, promotions, contests, gifts, information about events of interest, coupons and other information about the products and services of the Contest Organizer, its affiliates, banners and business/advertising partners. Participants can contact the Contest Organizer about this by email at marketing@hiloenergie.com. Participants may withdraw their consent at any time by clicking on the unsubscribe link at the bottom of the Contest Organizer's promotional emails.

By submitting their entry form, participants agree to be bound by these official Contest Rules, which are available online on the Contest Website. All entry forms become the exclusive property of the Contest Organizer and will not be returned to participants. Participants will not receive an acknowledgment of receipt of their entry form and proof of transmission of a contest entry will not be deemed to be proof of receipt of that entry. The Contest Organizer assumes no obligation to notify a participant whose entry form is incomplete or otherwise non-compliant.

Any participant who would prefer not to subscribe to the Newsletter can still enter the Contest for a chance to win one of the Prizes by submitting a text of one hundred (100) words minimum explaining why they would like to win a smart home (the “Text”). Participants must clearly and legibly indicate the following at the end of their Text: their first name, last name, telephone number, email address and postal code. To be eligible as a contest entry, the Text must be sent by mail and received at the address below before the end of the Contest Period:

HILO
“Destination Smart Home” CONTEST
1200 McGill College Avenue
6th Floor, PO Box 52
Montreal, Quebec H3B 4G7

Or by email at: marketing@hiloenergie.com

A maximum of one Text per person will be accepted for the purposes of the Contest. By submitting their Text, participants agree to be bound by these official Contest Rules, which are available online on the Contest Website. All Texts become the exclusive property of the Contest Organizer and will not be returned to participants. Participants will not receive an acknowledgment of receipt of their Text. The Contest Organizer declines any obligation to notify a participant whose Text is incomplete or otherwise non-compliant. The Contest Organizer cannot be held responsible for any Text received late or that is invalid, incomplete or misdirected and therefore excluded.

4. LIMITATIONS

Contest participants must respect the following limitation(s) or otherwise risk being disqualified:

  • Limit of one (1) entry form per person and per email address during the Contest Period. More specifically, each participant may use only one email address to participate in the Contest, regardless of the number of email addresses they may have.

All entries are subject to verification. Should the Contest Organizer discover that an entrant has attempted: (1) to submit more than one entry form during the Contest Period or (2) has used more than one email address to enter the Contest, the entrant will be disqualified from the Contest, at the Contest Organizer’s sole discretion, and all entry forms for that entrant will be declared ineligible for the purposes of the Contest. The Contest Organizer reserves the right, at its sole and complete discretion, to require proof of identity and eligibility for the Contest, in such form as is acceptable to the Contest Organizer, from all contest participants. Inability to provide such proof by the required deadline could lead to a participant’s disqualification.

5. PRIZES

Six (6) winners will be drawn at random from among all valid entry forms and each winner will win one of six (6) available prizes. The winners will be awarded the prize that corresponds to the size of their home and according to their needs. The prizes offered are as follows (the “Prizes”):

  • Option 1: One (1) Small Home bundle including three (3) to five (5) smart thermostats, up to four (4) connected devices, one (1) Hilo hub and the mobile application, with installation by a certified electrician and a commitment to participate in Hilo challenges for three (3) years.
  • Option 2: One (1) Medium Home bundle including six (6) to ten (10) smart thermostats, up to six (6) connected devices, one (1) Hilo hub and the mobile application, with installation by a certified electrician and a commitment to participate in Hilo challenges for three (3) years.
  • Option 3: One (1) Large Home bundle including ten (10) to twenty (20) smart thermostats, up to eight (8) connected devices, one (1) Hilo hub and the mobile application, with installation by a certified electrician and a commitment to participate in Hilo challenges for three (3) years.

Connected devices may be selected from among the following:

  • smart in-wall switches
  • add-on switches (3-way or more)
  • In-wall smart dimmer
  • smart plug-in switch

Winners must read and comply with the Participant Agreement (see https://www.hiloenergie.com/en-ca/legal/entente-du-participant-contrat/) which includes the eligibility criteria for the Hilo smart home service below, in order to be awarded the Prize that suits the size of their residence and winners must accept the conditions of the Participant Agreement:

  1. Offers are subject to change by Hilo at any time without prior notice.
  2. Offers cannot be combined and are limited to one type of offer per residence (a Small, Medium, or Large Home bundle) for the same Hydro-Québec account number.
  3. To take advantage of the Hilo smart home service and its offers, the participant must satisfy and comply with all Hilo smart home service Conditions of Use as outlined in the Participant Agreement available here: https://www.hiloenergie.com/en-ca/legal/entente-du-participant-contrat/ Participants must familiarize themselves with the Participant Agreement and are responsible in particular for ensuring that their resident is eligible for the Hilo smart home service according to the eligibility criteria listed in Section 1 of the Participant Agreement.

In cases where the winner is not eligible for the Hilo smart home service, the Prize (or a part of the Prize) will be substituted with a cash discount equivalent in value to the smart home bundle that would have been applicable (see Section 6 of the Contest Rules).

In all cases, the Organizer reserves the right, at its sole discretion, to substitute the Prize (or a part of the Prize) by another Prize (or element) of an equivalent value.

6. VALUE OF PRIZES

The value of the winners’ Prizes is as follows:

The value of one of the smart home bundles (see below) plus the following inclusions: installation and programming of connected devices, the connected devices themselves (selected by winners in accordance with the respective number allowed for each bundle) as well as the three (3) year commitment required in the Participant Agreement.

  • The Small Home bundle is valued at $200
  • The Medium Home bundle is valued at $340
  • The Large Home bundle is valued at $480

The credit balance of the winner’s customer account will be $0.

7. DRAWS

Throughout the Contest Period, six (6) potential winners will be drawn at random among eligible entries by the Contest Organizer, as follows:

Draw 1 - The first draw will be made when 400,000 kilometres will have been covered. Only one person will be designated the winner for this draw. The date of the draw remains indeterminate until the specified mileage has been travelled.

Draw 2 - The second draw will take place when 600,000 kilometres will have been covered. Only one person will be designated the winner for this draw. The date of the draw remains indeterminate until the specified mileage has been travelled.

Draw 3 - The third draw will take place when 800,000 kilometres will have been covered. Only one person will be designated the winner for this draw. The date of the draw remains indeterminate until the specified mileage has been travelled.

Draw 4 - The fourth draw will take place when 1,000,000 kilometres will have been covered. Only one person will be designated the winner for this draw. The date of the draw remains indeterminate until the specified mileage has been travelled.

Draw 5 - The fifth draw will take place when 1,200,000 kilometres will have been covered. Only one person will be designated the winner for this draw. The date of the draw remains indeterminate until the specified mileage has been travelled.

Draw 6 - The sixth draw will take place when 1,500,000 kilometres will have been covered. Only one person will be designated the winner for this draw. The date of the draw remains indeterminate until the specified mileage has been travelled.

Each random draw will take place at the Hilo offices in Montreal, Quebec. Within twenty-four (24) hours of the date of each draw, the draw’s potential winner will be contacted using the contact details provided in their entry form, in order to be informed that they are eligible to win one of the Prizes (the “Prize Notification”). Should any potential winner fail to respond or act upon their Prize Notification within forty-eight (48) hours of its being sent, or should they in any way not comply with these Official Rules, they will be disqualified and another potential winner will be chosen at random from among remaining entries. Any bounced or returned Prize Notification that as a result could not be issued may result in disqualification, in which case another potential winner will be chosen at random from among remaining entries. Entry forms that are declared winners for a draw may not be used again for any subsequent draws made for the purposes of this Contest or for any future contest or draw organized by the Contest Organizer.

8. CHANCES OF WINNING

The chance of a participant’s entry being randomly selected for a Prize depends on the total number of entries received during the Contest Period.

9. AWARDING OF PRIZES

In order to be declared a winner and claim their Prize, participants whose entry is randomly selected for a Prize must:

  1. Have given their consent to receive Hilo's newsletter in the entry form.
  2. Have ticked the box indicating that they have read these Rules in the entry form.
  3. Have signed the Declaration and Release Form and returned it to the Contest Organizer before October 8, 2021.
  4. Verify their eligibility for the Hilo smart home service at https://www.hiloenergie.com/en-ca/become-client/register/eligibility/ and confirm that the verification has been completed in the Declaration and Release Form.
  5. Correctly answer the mathematical skill-testing question provided in the Declaration and Release Form.

Should a winner fail to fulfill any of the conditions outlined in these Contest Rules or fail to reach the Contest Organizer within the specified time limit, or should a Prize be refused, the winner will be disqualified and will not be able to claim a Prize. In such cases, the Contest Organizer may, at its discretion, rescind the Prize or proceed to hold a new draw in accordance with the procedure outlined in these Contest Rules, until such time as another participant is selected and declared a winner.

Upon reception of the duly signed Declaration and Release Form, the Contest Organizer will confirm the nature of the Prize.

If the winner satisfies the eligibility criteria for Hilo’s smart home service, the Prize will be hand-delivered by the certified electrician at the time of the installation appointment. An agent of the Contest Organizer will contact the winner within five (5) working days after reception of their Declaration and Release Form in order to set up an appointment for installation. The installation appointment will be made within the fifteen (15) working days that follow the date of this call.

If the winner is not satisfied with these conditions, the Contest Organizer will send by Interac transfer the equivalent monetary value of the smart home service that corresponds to their needs and the size of their home.

10. GENERAL CONDITIONS

Verification. The entry and Declaration and Release form may be subject to verification by the Contest Organizer. All entries or Declaration Forms that are incomplete, unreadable, fraudulent, or recorded or submitted after the deadline, or that include an invalid email or phone number, an incorrect answer to the mathematical skill-testing question, or that otherwise do not conform to these Rules, may be rejected and do not confer a right to enter the Contest or win a Prize.

Disqualification. The Contest Organizer reserves the right to disqualify any person or cancel the entry of any person who participates or attempts to participate in this Contest through any means contrary to these Contest Rules or in such a way that is unfair to other participants (for example, by submitting a number of entries beyond the allowed limit, through piracy, etc.). Such a person may be reported to the relevant legal authorities.

Contest process. Any attempt to deliberately harm the Contest Website and/or any related site or to sabotage the legitimate running of this Contest represents a violation of civil and criminal codes. If such attempts are undertaken, the Contest Organizer reserves the right to reject entries from participants and seek reparation as stipulated by law.

Accepting Prizes. Prizes must be accepted as described in these Contest Rules and cannot be transferred, in whole or in part, in any case whatsoever, to another person or be substituted for another prize.

Limitation of liability: Use of Prizes. By participating in this Contest, winners agree to release and hold harmless the Contest Organizer and its affiliated or subsidiary companies, as well as their employees, administrators, managers, representatives and agents (the “Releasees”) from any damages that may be experienced resulting from accepting or using the Prize.

Limitation of liability: Provider of Prizes. All winners selected for a Prize acknowledge that from the moment the Prize is awarded, all obligations relating to the Prize become the responsibility of the provider of the services included in the Prize.

Functioning of Contest Website. The Contest Organizer does not in any way guarantee that Facebook, Instagram or any related website will be accessible or functional without interruption during the Contest Period, nor that such websites will be free of all error.

Limitation of liability: Functioning of Contest. The Releasees are released from any responsibility relating to the improper functioning of any computer component, software or other communication channel, or relating to the loss or lack of network communications or relating to any other transmission that fails, is incomplete, or is incomprehensible, or is erased by any computer or any network and which may limit or prevent any person from being able to participate in the Contest. The Releasees are also released of any responsibility for any damage or loss that may be caused, directly or indirectly, in whole or in part, by the loading of any webpage or software or otherwise, or from the transmission of any information for the purposes of participating in the Contest.

Modification of Contest. The Contest Organizer reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the present Contest, in whole or in part, in cases where an event or human intervention arises that may alter or influence the Contest’s administration, safety, impartiality or proceedings as intended in these Contest Rules, subject to the approval of the Régie des alcools, des courses et des jeux du Québec, as required.

Termination of contest participation. Should the computer system not be able to record all contest entries during the Contest Period, for whatever reason, or if participation in the Contest must be terminated, in whole or in part, before the expected end date provided in these Contest Rules, the draw will be made, at the discretion of the Contest Organizer, from among the entries recorded during the Contest Period or up until the date that contest participation ends, as the case may be.

Prize limits. In all cases, the Contest Organizer cannot be compelled to award more Prizes than stipulated in these Contest Rules, or to award a Prize in a manner that is not in conformance with these Contest Rules.

Limitation of liability: contest participation. By participating or attempting to participate in this Contest, participants release the Contest Organizer from any responsibility for harm incurred as a result of their participation or their attempt to participate in this Contest.

Authorization. By taking part in this Contest, all participants selected for a Prize authorize the Contest Organizer and its representatives to use their name, photograph, image, voice, place of residence and/or declaration relating to the Prize for the purposes of publicity without any type of remuneration or prior notice.

Communication with participants. No communication or correspondence will be undertaken with participants for the purposes of this Contest other than as outlined in these Contest Rules or unless initiated by the Contest Organizer.

Personal information. The personal information collected about participants for the purposes of this Contest will only be used to administer the Contest. No communication that is not related to this Contest will be sent to participants, for commercial purposes or otherwise, unless otherwise consented to.

Ownership. Declaration and Release Forms are the property of the Contest Organizer and will not be returned to participants.

Identification of participants. For the purposes of these Contest Rules, the participant is the person whose name appears on the contest entry and it is to this person that the Prize will be awarded if their entry is selected and they are declared a winner.

Decision of the Contest Organizer. Any decision on the part of the Contest Organizer or its representatives relating to this Contest is final and without recourse, subject to any decision of the Régie des alcools, des courses et des jeux du Québec with regard to those issues under its jurisdiction.

Disputes. Any disputes relating to the organization or conduct of a publicity contest can be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. A dispute regarding the awarding of a Prize can be submitted to the Régie solely for the purposes of helping the parties reach an agreement.

Separability of sections. If a section of these Contest Rules is declared or judged to be illegal, unenforceable or invalid by a court of competent jurisdiction, this section will be considered invalid, but all the other sections that are not affected will be applicable within the limitations permitted by law.

Facebook and Instagram. This Contest is not associated with, managed by or sponsored by Facebook or Instagram. Any information provided for the purposes of entering the Contest is provided to the Contest Organizer and not to Facebook or Instagram. Any questions, comments, or complaints relating to the Contest must be submitted to the Contest Organizer and not to Facebook or Instagram. Facebook and Instagram, as well as all of their affiliated companies, administrators, managers, agents and employees, are not responsible for any claim arising from or in relation to the running of this Contest. However, by participating in this Contest, all participants agree to respect the terms and conditions of use, contracts and other policies and/or guidelines governing the Facebook and Instagram platforms and release the Releasees from any responsibility for any harm they may experience as a result of using these platforms.

Language. In case of any divergence between the French and English versions of these Contest Rules, the French version will prevail.

Deposit. The Organizer has duly paid the required fees relating to this Contest, as stipulated in the Act Respecting Lotteries, Publicity Contests and Amusement Machines.

11. OTHER

Contest participants must remain vigilant for fake accounts and fake contests.

For the purposes of this Contest, the Organizer undertakes to never:

  • request banking information or credit card numbers in order for winners to claim a prize;
  • require winners to call the Organizer in order to obtain an activation code before they can claim their prize;