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Terms and Conditions

THIS OFFER IS OPEN TO RESIDENTS OF CANADA ONLY AND IS GOVERNED BY CANADIAN LAW

1. OFFER PERIOD:

The Speedpass+ offer (the “Offer”) begins on June 19, 2023 at 12:00 a.m. EST and ends on July 4, 2023 at 11:59 p.m. EST – or whenever all Digital Fuel Discount Cards have been awarded pursuant to these Terms (whichever occurs first – the “Offer Period”).

2. ELIGIBILITY:

Offer is available only to residents of Canada who: (i) have reached the legal age of majority in their province/territory of residence; and (ii) have (or download) the Speedpass+™ app (the “App”). The App is free to download – see: https://www.esso.ca/en-ca/speedpassplus

3. AGREEMENT TO BE LEGALLY BOUND BY TERMS:

By participating in this Offer, you are signifying your agreement that you have read and agree to be legally bound by these Official Terms and Conditions (the “Terms”).

HOW TO PARTICIPATE:

An eligible participant must enter the code “ESSO within the Speedpass+ app under the “Promotion Code” menu and follow the on-screen instructions to claim a digital Fuel Discount Card (a “Digital Fuel Discount Card”) during the Offer Period. Each Digital Fuel Discount Card is redeemable for five (5) cents off per litre at participating Esso and Mobil stations in Canada up to a maximum of one hundred (100) litres using the Speedpass+ app. Digital Fuel Discount Cards expire on September 30, 2023. There will be one hundred and twenty thousand (120,000) Digital Fuel Discount Cards available. Once the maximum number of Digital Fuel Discount Cards is exhausted, there will be no additional Digital Fuel Discount Cards available.

There is a limit of one (1) Digital Fuel Discount Card per person.

The most recent version of the Speedpass+ app (version 1.28) is required to enter the code to claim a Digital Fuel Discount Card.

If it is discovered by Esso (using any evidence or other information made available to or otherwise discovered by Esso) that any person has attempted to: (i) use multiple names, multiple identities, multiple Apps, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with Esso’s interpretation of the letter and spirit of these Terms to participate in or to disrupt this Offer; (ii) falsely redeem a Digital Fuel Discount Card without legitimately obtaining a Digital Fuel Discount Card in accordance with these Terms; (iii) re-enter a Code a subsequent time after its first use; and/or (iv) enter a code that has been falsified, manipulated or otherwise altered in any way (all as determined by Esso in its sole and absolute discretion); then he/she may be disqualified from participating in the Offer (and, if disqualified, will have all of his/her Digital Fuel Discount Cards invalidated by Esso).

Esso, its associated and affiliated entities, as well as any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Offer, and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible information.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Digital Fuel Discount Card awarded in connection with the Offer. To the fullest extent permitted by applicable law, each participant understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either Esso or any of the other Released Parties should his/her Digital Fuel Discount Card fail to be fit for its purpose or is in any way unsatisfactory.

4. VERIFICATION:

All participants are subject to verification at any time and for any reason. Esso reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Esso – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Offer; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information for the purposes of this Offer; and/or (iii) for any other reason Esso deems necessary, in its sole and absolute discretion, for the purposes of administering this Offer in accordance with Esso’s interpretation of the letter and spirit of these Terms. Failure to provide such proof to the complete satisfaction of Esso within the timeline specified by Esso may result in disqualification in the sole and absolute discretion of Esso. The sole determinant of the time for the purposes of this Offer will be the official time-keeping device(s) used by Esso.

5. GENERAL CONDITIONS:

The Offer is subject to all applicable federal, provincial and municipal laws. The decisions of Esso with respect to all aspects of the Offer are final and binding on all participants without right of appeal. ANYONE DEEMED BY ESSO TO BE IN VIOLATION OF ESSO’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF ESSO AT ANY TIME.

Esso and the other Released Parties will not be liable for: (i) any failure of the Offer Website or any other platform during the Offer; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) the failure of any Code to function properly; (v) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the Offer; and/or (vi) any combination of the above.

Esso reserves the right, in its sole and absolute discretion, to cancel, withdraw, amend or suspend the Offer (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of Esso that interferes with the proper conduct of the Offer as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Offer in any way (as determined by Esso in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Esso reserves the right to seek remedies and damages to the fullest extent permitted by law. Esso reserves the right, in its sole and absolute discretion, to cancel, amend or suspend the Offer, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.

If due to printing, production, online, internet, computer or other error of any kind, more Digital Fuel Discount Card are claimed than intended to be distributed or awarded according to these Terms, then, in addition to having the right to terminate the Offer immediately, Esso reserves the right, in its sole and absolute discretion, to rescind invalid Digital Fuel Discount Card claims. In no event whatsoever will Esso or any of the other Released Parties be liable for more than the number, type and value of Digital Fuel Discount Card as stated in these Terms.

Esso reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Offer mechanics stipulated in these Terms, to the extent deemed necessary by Esso, for purposes of verifying compliance by any participant and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Esso, in its sole and absolute discretion, affect the proper administration of the Offer as contemplated in these Terms, or for any other reason.

By participating in this Offer, each participant expressly consents to Esso, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Offer and in accordance with Esso’s privacy policy (available at: https://www.imperialoil.ca/en-CA/Legal-pages/Privacy-statement). This section does not limit any other consent(s) that an individual may provide Esso or others in relation to the collection, use and/or disclosure of their personal information.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Offer-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these English Terms given by any representative of Esso, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Esso or any of the other the Released Parties in connection with the Offer will be governed by and construed in accordance with the domestic laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Alberta in any action to enforce (or otherwise relating to) these Terms or relating to the Offer.

Esso™ is a registered trademark of Imperial Oil Limited. Imperial Oil, licensee.
Speedpass+™ is a trademark of the Exxon Mobil Corporation or one of its subsidiaries. Imperial Oil, licensee.
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.
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