Ardene – Win a 7-day retreat in Bali for 2 valued at $12,600 CDN
WIN A RETREAT IN BALI
OFFICIAL RULES (the “Rules”)
NO PURCHASE NECESSARY TO ENTER.
1. CONTEST PERIOD AND SPONSOR. The “WIN A RETREAT IN BALI” (the “Contest”) is sponsored by Les Placements Arden Inc. / Arden Holdings Inc. (the “Sponsor”) and Pangea Dreams. The Contest is in no way sponsored, endorsed or administered by, associated with Instagram. The Contest begins on February 9th, 2019 at 12:00:01 PM (noon) Eastern Time (“ET”) and ends on February 21st, 2019 at 11:59:59 PM ET (the “Contest Period”). The clock used by Sponsor to compute the Entries (as such term is defined below) will be the official clock to determine the date and time of receipt of an Entry.
2. ELIGIBILITY. The Contest is open to all legal residents of Canada who are twenty-one (21) years of age or older at time of entry. The following persons cannot participate in the Contest: officers, directors, employees, agents and/or representatives of Sponsor or its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and/or any other party related to the Contest. Also, any member of the immediate family of the persons mentioned in this section and any person living with them under the same roof (whether or not a member of their immediate family) cannot participate in the Contest. The term “immediate family” means fathers, mothers, brothers, sisters, children, husbands, wives or spouses of the persons mentioned in this section, regardless of where they live.
3. PARTICIPATION. NO PURCHASE NECESSARY. Internet access and a valid public Instagram account viewable by the Sponsor are required.
LIMIT: One (1) Entry per photo during the Contest Period.
The entrant must submit each Entry personally. Entrants may only use one (1) Instagram account in connection with this Contest. Multiple entrants are not permitted to share the same Instagram account. All Entries must be received during the Contest Period. Sponsor is not responsible for late, undelivered or invalid Entries, which will be disqualified. Entries become the exclusive property of Sponsor and will not be returned or acknowledged.
Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, social media accounts, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified within Sponsor’s sole discretion. Use of any automated system (including but not limited to, Entries submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of any person who submitted an Entry, the authorized account holder of the social media account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to a social media account by an Internet access provider, online service provider or other organization responsible for assigning social media accounts for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
4. ENTRY. Your Entry (or anything related to it, including, your comment and photo) must not contain anything that (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or legal liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (which include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language); (v) is violent or threatening or promotes violence or actions that are threatening to any other person; (vi) promotes illegal or harmful activities or substances; or (vii) in Sponsor’s sole discretion, links to or promotes a webpage; or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation.
PRIZE. There is a total of one (1) prize available to be won, consisting of the following: Two (2) round trip plane tickets (for the winner and a companion to Ubud, Bali from a major Canadian airport near the winner’s home, valued at approximately $2,800 total for both flights); One (1) shared accommodation for seven (7) days and six (6) nights at The Chillhouse Bali Surf and Yoga Retreats hotel (room rate & taxes included); two (2) $500 Ardene gift cards for the winner and her companion to shop at Ardene before the trip; The winner and companion are responsible for all additional expenses such as gratuities, ground transportation not specified outside of retreat excursions, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, travel insurance, local and long distance telephone calls and all other unspecified incidental expenses for this prize are the sole responsibility of the winner; Once reservations have been confirmed, no changes will be permitted. The winner and her companion are required to wear Ardene on the retreat. The total approximate retail value (“ARV”) of the Prize is CDN $12,600. The winner and companion must be available to travel between the dates of March 12, 2019 and March 21, 2019. The winner must provide a valid telephone number where they can be reached during the travel period.
The Prize and its components shall be accepted as awarded and cannot be transferred, substituted for another prize or exchanged, in whole or in part, for money, unless otherwise agreed to by the Sponsor. Sponsor reserves the right to substitute the Prize by a prize of equivalent or greater monetary value if Sponsor is unable to award the Prize as described. Sponsor disclaims any warranty, representation or guarantee express or implied by fact or in law relative to the Prize, including but not limited to its quality and condition, except where prohibited by law. Any other costs or expenses associated not specifically described above will be the responsibility of selected winner.
5. PASSPORT, VISA AND RELATED ITEMS. The winner and her companion are responsible for obtaining and maintaining a valid passport and all appropriate visas, permits, certificates, and/or other required documentation (“Documentation”) for the countries, jurisdictions, parks, areas, etc. they will visit during the Retreat. Company is not responsible if they are denied entry or exit to/from any country or location due to a lack of valid Documentation.
6. TRAVEL INSURANCE. The winner and her companion are responsible for providing any required travel documents and travel insurance. They are solely responsible for the cost of any travel insurance and ensuring that they are adequately insured for the full duration of the Retreat with respect to possible illness, injury, death, property damage, loss of baggage and personal items, cancellation and/or curtailment, and/or any other potential losses, damages, costs, expenses, or liabilities (collectively “Losses”). They will be solely responsible for any Losses related to their failure to procure travel insurance. Company is not responsible for any Losses they incur and/or sustain.
7. CHANGES OR CANCELLATION. Company reserves the right to make changes to any and all aspects of Retreat (which may include without limitation changes to the types and/or timing of activities available during the Retreat, items and/or services included with the Retreat, accommodation, the itinerary, and/or the nature of the Retreat Classes) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Retreat or any portion of the Retreat, or for any other reason considered commercially necessary by Company.
8. SELECTION. On February 22nd, 2019 at the Sponsor’s offices located at 2575 boul. Pitfield, Montreal (Quebec) H4S 1W8 around 17:00:00 PM (5 pm) ET, one (1) Entry will be selected at random from all eligible Entries received during the Contest Period as eligible to win the Prize. Odds of winning the Prize depend on the total number of eligible Entries received during the Contest Period. Odds of winning a prize depend on the total number of eligible entries received during the contest period. Mathematical skill-testing question required. Conditions and restrictions apply. The prize will be mailed to the winner upon receiving their full address. Winners must reply within 48 hours with their information, or Ardene in its discretion may or may not select another winner. For complete rules & regulations visit ardene.com/contest.
9. NOTIFICATION AND PRIZE CLAIM CONDITIONS. The potential winner of a Prize will be notified via direct message on Instagram within two (2) days of the drawing. By entering the Contest using Instagram, entrant consents to notification by Sponsor in this manner. In the event that, for any reason, selected entrant does not contact the Sponsor within a two (2) day period following the notification, the selected entrant will be disqualified and Sponsor may, at its discretion, proceed to a new drawing amongst all eligible Entries received to identify another potential winner who will be subject to disqualification in the same manner.
To be declared a winner, the selected entrant must: (i) respond to selection notification within the time period described herein; (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered at a mutually agreeable time by telephone; and (iii) otherwise comply with these Rules. In addition, the selected entrant must complete and sign a declaration and release of liability (the “Form”) which Sponsor will send by mail, courier, fax or email and which the selected entrant must return duly completed and signed within seven (7) days of receipt thereof.
If a selected entrant fails to: (i) correctly answer the skill-testing question, (ii) provide the Form signed by the selected entrant within the prescribed deadline, or (iii) otherwise comply with these Rules, the Prize will be forfeited and may be awarded to an alternate entrant, who will be subject to disqualification in the same manner.
10. LIMITATION OF LIABILITY AND RELEASE. All Contest entrants agree to release and hold harmless Sponsor, Instagram as well as their respective parent, affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributers and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all claims, cause of action, or liability, including, without limitation, any injury, death or damage to or loss of property, resulting from the Contest, including but not limited to, the entry process or participation in the Contest or acceptance, use or misuse of the Prize.
Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by entrants; or an error related to the programming of the Contest; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of the Contest website in whole or in part for any reason; service interruptions or disconnections of wireless or Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Contest entry process or participation; (4) technical or human errors which may occur in the administration of the Contest or in the processing of Entries; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Contest or acceptance, use, implementation or misuse of the Prize. If for any reason, it is confirmed that an entrant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy, which the entrant is entitled to, is requesting to obtain another Entry to the Contest, if possible.
11. PRIVACY. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide at the time of Entry to the Contest for the purposes of administering the Contest and Prize fulfillment. Winners consent to the Sponsor’s use of their name, photographs, cities, voice, image and/or statements, related to their Prize for publicity purposes in any manner or media including the internet, at any time, in perpetuity, without compensation.
By and in consideration for being permitted to participate in the Retreat, the winner and her companion irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on their image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. They agree that their Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. They understand that their Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. They further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which their Likeness may appear. They further waive any right to royalties or other compensation arising or related to the use of their Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including their Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.
By agreeing to this release, the winner and her companion hereby give the Photographer / Filmmaker and Assign thier permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. They agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. They acknowledge and agree that they have consented to publication of their ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with them by the Photographer / Filmmaker and / or Assigns for descriptive purposes.
They agree that they have no rights to the Content, and all rights to the Content belong to the Photographer / Filmmaker and Assigns. They acknowledge and agree that they have no further right to additional consideration or accounting, and that they will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. They acknowledge and agree that this release is binding upon their heirs and assigns. They agree that this release is irrevocable, worldwide and perpetual.
It is agreed that their personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. They represent and warrant that they are at least 21 years of age and have the full legal capacity to execute this release.
12. RIGHT TO MODIFY/SUSPEND/TERMINATE. If, for any reason, at Sponsor’s sole discretion, the Contest is not capable of running as planned, Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of Quebec, to cancel, terminate, modify or suspend this Contest, in whole or in part, without notice or obligation. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is impaired in any way for any reason or is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, and subject only to the approval of the Régie in Quebec for the residents of Quebec, void any Entry and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Rules; and/or (c) award the Prizes from among the eligible Entries in accordance with a fair and adequate selection.
13. VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY. The winner and her companion acknowledge that they are voluntarily participating in the Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, surfing, yoga, Retreat Classes, and various other exercises or physical activity (“Physical Activity”). They acknowledge that they are fully aware of the risks and hazards connected with participation in the Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and they hereby elect to voluntarily participate in such Physical Activities as part of the Retreat. All activities are optional and if they do not want to participate in an activity they are not required to. The Company is not responsible for providing an alternative activity for them if they choose not to participate.
14. HEALTH AND FITNESS ELIGIBILITY. The winner and her companion represent that they are over the age of twenty-one(21) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Retreat. They further represent that they do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude their participation in the Retreat, including any Physical Activities. They have consulted with their physician and their physician has authorized them to participate in the Retreat, including any Physical Activities. They will discuss and address any questions or concerns they may have about their physical or mental health with the appropriate health care professional prior to the Departure Date. Documentation from their physician confirming their clearance to participate in the Retreat can be provided upon request. If, at any time, they have any doubts about their physical condition or fitness to participate in any aspect of the Retreat, they will cease participation in the same and seek appropriate medical attention. THEY ARE HEREBY ADVISED THAT THE RETREAT MAY TAKE PLACE IN REMOTE AREAS WHERE THERE IS LITTLE OR NO ACCESS TO TRADITIONAL MEDICAL SERVICES OR HOSPITAL FACILITIES FOR SERIOUS HEALTH ISSUES (OR THEIR PARTICULAR HEALTH ISSUES). THEY ARE FURTHER ADVISED THAT ANY MEDICAL OR EVACUATION EXPENSES WILL BE THEIR SOLE RESPONSIBILITY. As a result, we strongly encourage them to purchase travel insurance with appropriate coverage for their needs. We reserve the right in our sole discretion to refuse their participation in the Retreat, any Retreat Classes, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Retreat or any related activities at any time to individuals demonstrating behaviour that may result in injury to themselves or others.
15. ASSUMPTION OF RISK. The winner and her companion understand that serious accidents may occur during Physical Activities, including without limitation Retreat Classes, and that participants can sustain fatal and/or serious personal injury. As stated above, the Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. They may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in their country of residence. It is their own responsibility to familiarize themselves with all possible relevant travel information in connection with their participation in the Retreat. Understanding and in full consideration of the foregoing, they agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including Retreat Classes) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during their participation in the Retreat. They acknowledge that their decision to participate in the retreat is made in full consideration of the foregoing information and that they solely and exclusively assume the risks involved with participating in the retreat. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH THEIR PARTICIPATION IN THE RETREAT.
16. INJURY. In the event the winner and her companion are injured while participating in the Retreat, they agree to assume all financial obligations for any and all medical costs they incur. They acknowledge and agree that IN NO EVENT SHALL COMPANY AND/OR ANY COMPANY PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF THEIR PARTICIPATION IN THE RETREAT.
17. WAIVER OF LIABILITY AND RELEASE. In consideration for participating in the retreat, THE WINNER AND HER COMPANION VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR AND HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE COMPANY, ITS OFFICERS, MEMBERS, AGENTS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, GUIDES, AND OTHER REPRESENTATIVES (each a “company party” and collectively, the “company parties”) FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, AND/OR LOSSES (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THEIR TRAVEL TO AND/OR PARTICIPATION IN THE RETREAT AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY COMPANY PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. They have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and their participation in the Retreat. They acknowledge that whether or not they elect to purchase or not purchase travel insurance, they will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during their travel and/or participation in the Retreat.
18. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to disqualify from this Contest any person which Sponsor deems or becomes aware has tampered with the entry process or the operation of the Contest or the Contest website/platform/application, who does not comply with these Rules or acts in a manner that goes against the spirit of the Contest or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE CONTEST WEBSITE/PLATFORM/APPLICATION (OR A SITE LINKED THERETO) OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All decisions rendered by the Sponsor are final and without appeal. The Contest is subject to all applicable federal, provincial and municipal laws. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.
19. QUEBEC. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie 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.