LG Electronics Canada – Winter Wonderland – Win 1 of 12 prizes
LG WINTER WONDERLAND GIVEAWAY
OFFICIAL CONTEST RULES AND REGULATIONS (“Official Rules”)
CLICK HERE TO READ THE RULES AND REGULATIONS IN FRENCH
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: The LG 2017 Winter Wonderland Giveaway (the “Contest” ) begins at 11:00:00 a.m. ET on December 11, 2017 and ends at 9:00:00 p.m. ET on December 23, 2017 (the “Contest Period”).
The Contest is administered by Publicis Canada, a part of Publicis Groupe SA., 111 Queen St. E, Suite 200, Toronto, ON M5C 1S2 ( “Administrator”) and sponsored by LG Electronics Canada, Inc. ( “LG Canada”, the “Contest Sponsor”). Contest Sponsor shall be solely responsible for the delivery of each Prize (described in Rule 6 below) to the respective and finalized winner. Contest Sponsor’s computer is the official clock of the Contest. Any Entries received after the end of the Contest Period shall be void.
(2) ELIGIBILITY: (a) The Contest is only open to individuals on a singular basis: (i) who are legal residents of Canada (“Eligible Territory”); (ii) who have reached the age of majority in the Eligible Territory; and (iii) who hold a registered Instagram Inc. ( “Instagram”) account in good standing at the time of entry and Prize award ( “Social Media”) or a valid e-mail account (each an “Entrant”).
(b) The Contest is not open to: (i) Contest Sponsor, Administrator or any employee, officer, director, representative or agent of Contest Sponsor and Administrator (and those of its parent, affiliates or subsidiaries); (ii) any of Contest Sponsor’s advertising or promotional agencies, or any of their parent companies, affiliated companies, subsidiaries, or agents (altogether the “Released Parties”); (iii) the spouse or partner and any member of the immediate family of the Released Parties; and (iv) any person who resides or is domiciled with any person described in Rules 2(a)(i) or 2(a)(ii). For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons of an individual (regardless of where any such “immediate family member” resides, including step-, half- or adopted).
(3) HOW TO ENTER: NO PURCHASE NECESSARY. An Entrant may submit one (1) Entry for each Day (as defined below) of the Contest and its respective Prize and Prize Draw. For clarity, an Entry can only be submitted within the hours of each Day (defined below) and cannot be submitted outside such defined hours. Prospective entrants must successfully submit a separate entry, in accordance with this Rule 3, on each, or any, Day within the Contest Period that they want to be entered into the random draw to with the corresponding Days’ prize. For clarity, each Day is associated with a separate prize, and prospective entrants must submit a new entry for any Day within the Contest Period. All prospective entrants understand and agree to such conditions, and waive all recourse against any and all the Released Parties if they attempt to enter an entry outside the defined hours of a Day or fail to successfully enter an entry for each Day within the Contest Period.
There are two (2) ways to enter the Contest:
I. NO PURCHASE SOCIAL MEDIA ENTRY: to personally enter the Contest without purchase, an eligible Entrant may complete the following steps each separate Day within the Contest Period in order to receive one (1) “Social Media Entry” per Day into the Day’s Prize draw for this Contest (described in Rule 5 below): a. follow @LGCanada on Instagram; b. access the @LGCanada Instagram account page and click on the link in the profile to read and accept these Official Rules. Any Entrant’s continuation to step (c) below will be deemed to constitute such Entrant’s express acceptance of these Official Rules. c. After agreeing to abide by the Official Rules, locate the daily Contest post during each Day within the Contest Period ( “Contest Post”) and comment on the Contest Post ensuring that you tag a friend. d. Ensure the Entrant’s Social Media account is viewable by the public during the Contest Period and not private so that the Contest Post can be viewed.
Once all of the above steps are completed, in each separate Day within the Contest Period for which a prospective entrant chooses to enter, the Entrant will receive one (1) Social Media Entry into the Contest for only that specific Day and its corresponding Prize draw. There is a limit of one (1) Social Medial Entry per Entrant per Day. For clarity, an Entrant understand that s/he must repeat such steps listed above on each Day within the Contest Period for which s/he wants to obtain a Social Media Entry; a Social Media Entry is only applicable on the Day in which it was entered and void thereafter.
For purposes of these Official Rules, “Day” is defined as each separate calendar day within the Contest Period, beginning at 9:00:00 a.m. ET and ending at 9:00:00 p.m. ET that same calendar day. For clarity, the first Day within the Contest Period begins at 9:00:01 a.m. ET on December 11, 2017 and ends at 9:00:00 a.m. ET on December 12, 2017 ( “Day 1”). The next Day begins at 9:00:00 a.m. ET on December 12, 2017 and ends at 9:00:00 p.m. ET on December 13, 2017 ( “Day 2”). The Day 2 pattern continues for each subsequent Day until the end of the Contest Period.
II. NO PURCHASE EMAIL ENTRY: to enter an entry for any Day within the Contest Period without completing the Social Media Entry steps, an eligible Entrant may, after accepting these Official Rules as described above, send an email to email@example.com, on each separate, or any particular, Day within the Contest Period, ensuring that the email includes a) the subject line i) the particular Day number/date and ii) “Wonder Wonderland Contest Email Entry”, b) his/her first and last name and phone number that can be contacted in event s/he is a selected Entrant for the corresponding Day, and c) contains the message “Please accept this entry into the LG Winter Wonderland Contest” in the body of the email. Completing these steps will result in one (1) “Email Entry” (together with “Social Media Entry”, an “Entry” ) into the Prize draw for the Day, and its corresponding Prize, in which the email is sent (described in Rule 5 below). An Entrant will be deemed to have accepted these Official Rules by sending any email to the account listed above.
There is a limit of one (1) Email Entry per Entrant per Day. For clarity, an Entrant understand that s/he must repeat such steps listed above at Rules 3(II) on each, or any particular, Day within the Contest Period for which s/he wants to obtain an Email Entry; an Email Entry is only applicable on the Day in which it was sent and received and void thereafter.
Limit of one (1) Entry per Entrant per Day during the Contest Period. Where an Entrant has submitted more than one (1) Entry, whether multiple Social Media Entry’s, Email Entry’s or a combination of both in a Day, only the first Entry received by Administrator in each Day, as determined in the sole discretion of Administrator, will be entered into the Contest. All other entries on behalf of an Entrant will be void for the Day. All Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, forged, garbled or mechanically or electronically reproduced.
If it is discovered by the Administrator or Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, either of them) that any person has attempted to use multiple names, Social Media accounts, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest, he/she may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.
If, at any time during the Contest Period and prior to awarding any Prize, Administrator or Contest Sponsor discovers that an Entrant has attempted to register for this Contest other than in accordance with this Rule 3, that Entrant may be disqualified from the Contest at the sole discretion of Contest Sponsor.
The Administrator or Contest Sponsor reserve the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Administrator or Contest Sponsor deem necessary, in their sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsor.
All Entries must be submitted from a valid Social Media or e-mail account in good standing. An individual selected by random draw to potentially win a Prize conditional on full compliance with the Official Rules (the “Selected Entrant”) may also be requested to provide the Contest Sponsor with reasonable proof that the Selected Entrant is the Authorized Account Holder of the Social Media or e-mail account associated with the selected Entry. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the Authorized Account Holder in whose name the Social Media or e-mail account is registered, provided that person meets all other eligibility criteria of this Contest. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address (a valid email address is required to obtain a Social Media account).
All Entries shall become the property of the Contest Sponsor and none shall be returned. Each Entrant irrevocably assigns and transfers to the Contest Sponsor any and all rights, title, and interest in each Entry including, without limitation, all copyright in such Entry. The Contest Sponsor shall have the right to edit or modify Entries for use in perpetuity and each Entrant waives any and all moral rights that he/she may have in the Entry.
By entering the Contest, each Entrant agrees to be bound by the Official Rules and the decisions of Contest Sponsor or Administrator, which are final with respect to all matters relating to the Contest.
There are twelve (12) total prizes available to be won during the Contest (each a “Prize” ). One (1) Prize is available to be won each Day of the Contest Period based on Entries received in that same Day. The available Prize for each Day of the Contest Period is defined below:
I. Day 1 Prize: one (1) LG 32″ (Diagonal) Class 21:9 Ultrawide® Full HD IPS Gaming Monitor unit (model 32UD59-B) with an approximate retail value ( “ARV”) of $749.99 Canadian dollars ( “CAD”); available to be awarded to one (1) Selected Entrant;
II. Day 2 Prize: one (1) LG SJ8 Ultra Slim Sound Bar unit (model SJ8.DCANLLK) with an ARV of $799.99 CAD; available to be awarded to one (1) Selected Entrant;
III. Day 3 Prize: one (1) LG G6 unlocked mobile phone unit (model LGH837; ARV of $900.00 CAD) and (1) Tones headset (model A100; ARV of $199.00 CAD); available to be awarded to one (1) Selected Entrant;
IV. Day 4 Prize: one (1) LG 2.0 Cu. Ft. NeoChef™ Countertop Microwave with Smart Inverter and EasyClean® unit (model LMC2075ST) with a ARV of $399.99 CAD; available to be awarded to one (1) Selected Entrant;
V. Day 5 Prize: one (1) LG SJ8 Ultra Slim Sound Bar unit (model SJ8.DCANLLK) with an ARV of $799.99 CAD; available to be awarded to one (1) Selected Entrant;
VI. Day 6 Prize: one (1) 27” Desktop HDMI LCD Monitor unit (model 27MP38VQ) with an ARV of 199.00 CAD; available to be awarded to one (1) Selected Entrant;
VII. Day 7 Prize: one (1) LG V30 unlocked mobile phone unit (model LGH933; ARV of $1,100.00 CAD) and (1) Tones headset (model A100; ARV of $199.00 CAD); available to be awarded to one (1) Selected Entrant;
VIII. Day 8 Prize: one (1) LG 55″ SJ8000 4K Super UHD Smart LED TV w/ webOS™ 3.5 unit (model 55SJ8000.ACC) with an ARV of $2,499.99 CAD; available to be awarded to one (1) Selected Entrant;
IX. Day 9 Prize: one (1) LG 2.0 Cu. Ft. NeoChef™ Countertop Microwave with Smart Inverter and EasyClean® unit (model LMC2075ST) with an ARV of $399.99 CAD; available to be awarded to one (1) Selected Entrant;
X. Day 10 Prize: one (1) 27” Desktop HDMI LCD Monitor unit (model 27MP38VQ) with an ARV of 199.00 CAD; available to be awarded to one (1) Selected Entrant.
XI. Day 11 Prize: one (1) LG G6 unlocked mobile phone unit (model LGH837; ARV of $900 CAD) and (1) Tones headset (model A100; ARV of $199.00 CAD); available to be awarded to one (1) Selected Entrant;
XII. Day 12 Prize: one (1) LG Styler Steam Clothing Care unit (model S3RERB) with an AVR of $3,199.99 CAD available to be awarded to one (1) Selected Entrant; The total ARV of all Prizes is twelve thousand seven hundred and fourty five CAD ($12,745.00 CAD). A Prize Winner, for each respective Prize listed above, is not entitled to any difference between the actual retail value of that Prize and the ARV of that Prize as stated herein. The Prize may not appear as advertised. The actual retail value may differ.
The odds of winning a Prize available for each Day of the Contest Period will depend on the number of eligible entries received during the corresponding Day of the Contest Period. There is a limit of one (1) Prize per Selected Entrant per Day.
Only the items listed above as a Prize are provided under this Contest as a Prize. Any and all incidental costs and expenses associated with any Prize, or use of any Prize, that are not specifically referred to herein as being included in such Prize, including, but not limited to, installation of any Prize, expenses, operational fees; maintenance, carrier plans, internet connectivity and more, shall be the sole responsibility of each Prize’s Winner. If a Prize winner does not utilize any part(s) of a Prize then any such part(s) not utilized will be forfeited in its entirety and nothing will be substituted in its place.
Each Prize, as outlined above, must be accepted as awarded, without substitution, and is not transferrable, refundable, for resale or, where applicable, convertible to cash or other tender. THE CONTEST SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, IN THE EVENT THAT A PRIZE, OR ANY COMPONENT OF A PRIZE, CANNOT BE AWARDED AS DESCRIBED HEREIN FOR ANY REASON RELATING TO CONTEST SPONSOR (AND NOT WINNER), AT ITS SOLE DISCRETION, TO SUBSTITUTE THE SAME FOR ANOTHER PRIZE OR PRIZE COMPONENT OF SIMILAR VALUE, WITHOUT NOTICE OR LIABILITY. In the event that a substitute prize (or prize component) is awarded, such prize (or prize component) must be accepted as awarded and cannot be exchanged for cash (where applicable) or otherwise. By accepting a Prize, or a substitute prize, each winner agrees to waive all recourse against Contest Sponsor if a Prize (or substitute prize) or a component thereof does not prove satisfactory, either in whole or in part.
AN ENTRANT SELECTED FOR A PRIZE AGREES THAT THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE ARE EXCLUDED FROM THIS CONTEST AND SHALL NOT APPLY TO ANY PRIZE OR ANY PORTION OF A PRIZE.
(5) WINNER SELECTION (PRIZE DRAWS):
There will be twelve (12) random draws, one for each Day, and its corresponding Prize, within the Contest Period. Each daily random draw will be from among all eligible Entries received during the relevant Day within the Contest Period, and will be conducted to determine the Selected Entrant for each Day and corresponding Prize for that Day. Each draw will be held at the offices of Contest Sponsor (20 Norelco Dr., North York, ON, Canada M9L 2X6) or Administrator (111 Queen St. E, Suite 200, Toronto, ON M5C 1S2). The draw schedule is as follows:
I. Day 1 Prize Draw: the random draw for the Day 1 Prize will be on December 12, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 11, 2017 and 9:00:00 p.m. E.T. on December 11, 2017 ( “Prize 1 Draw”).
II. Day 2 Prize Draw: the random draw for the Day 2 Prize will be on December 13, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 12, 2017 and 9:00:00 p.m. E.T. on December 12, 2017 ( “Prize 2 Draw”).
III. Day 3 Prize Draw: the random draw for the Day 3 Prize will be on December 14, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 13, 2017 and 9:00:00 p.m. E.T. on December 13, 2017 ( “Prize 3 Draw”).
IV. Day 4 Prize Draw: the random draw for the Day 4 Prize will be on December 15, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 14, 2017 and 9:00:00 p.m. E.T. on December 14, 2017 ( “Prize 4 Draw”).
V. Day 5 Prize Draw: the random draw for the Day 5 Prize will be on December 16, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 15, 2017 and 9:00:00 p.m. E.T. on December 15, 2017 ( “Prize 5 Draw”).
VI. Day 6 Prize Draw: the random draw for the Day 6 Prize will be on December 17, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 16, 2017 and 9:00:00 p.m. E.T. on December 16, 2017 ( “Prize 6 Draw”).
VII. Day 7 Prize Draw: the random draw for the Day 7 Prize will be on December 18, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 17, 2017 and 9:00:00 p.m. E.T. on December 17, 2017 ( “Prize 7 Draw”).
VIII. Day 8 Prize Draw: the random draw for the Day 8 Prize will be on December 19, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 18, 2017 and 9:00:00 p.m. E.T. on December 18, 2017 ( “Prize 8 Draw”).
IX. Day 9 Prize Draw: the random draw for the Day 9 Prize will be on December 20, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 19, 2017 and 9:00:00 p.m. E.T. on December 19, 2017 ( “Prize 9 Draw”).
X. Day 10 Prize Draw: the random draw for the Day 10 Prize will be on December 21, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 20, 2017 and 9:00:00 p.m. E.T. on December 20, 2017 ( “Prize 10 Draw”).
XI. Day 11 Prize Draw: the random draw for the Day 11 Prize will be on December 22, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 21, 2017 and 9:00:00 p.m. E.T. on December 21, 2017 ( “Prize 11 Draw”).
XII. Day 12 Prize Draw: the random draw for the Day 12 Prize will be on December 23, 2017 and will be from all eligible Entries received between 9:00:00 a.m. ET on December 22, 2017 and 9:00:00 p.m. E.T. on December 22, 2017 ( “Prize 12 Draw”, collectively with Prize 1 Draw, Prize 2 Draw, Prize 3 Draw, Prize 4 Draw, Prize 5 Draw, Prize 6 Draw, Prize 7 Draw, Prize 8 Draw, Prize 9 Draw, Prize 10 Draw and Prize 11 Draw the “Prize Draws”, and each a “Prize Draw”).
The Prize Draws shall be in accordance with the Official Rules. Administrator or Contest Sponsor reserve the right to reschedule any Prize Draw at any time and for any reason without prior notice or liability.
Each Selected Entrant for each respective Prize Draw will be contacted by the Administrator or Contest Sponsor following each Prize Draw via Direct Messaging on the Social Media account, or e-mail account, used by the Selected Entrant to enter the Contest. If a Selected Entrant cannot be contacted or does not respond to the Contest Sponsor’s direct message or email within one (1) business day of the first point of contact (or attempt) by the Administrator or Contest Sponsor, he/she will be considered to have forfeited his/her entitlement to the corresponding Prize for the Day the Selected Entrant and successfully entered an Entry and will be disqualified, and another Entrant may be selected from the remaining eligible Entries in the same manner as described above until such time as contact is made with a Selected Entrant, there are no more eligible Entries, or there is insufficient time to award the Prize for which an Entrant is being selected, whichever comes first. In the event that an alternate Entrant is required to be selected, this same Winner Selection process, outlined in this Rule 5, will apply to such alternate Entrant. Contest Sponsor is not responsible, for any reason whatsoever, for any failed attempts to contact a selected Entrant and shall have no liability or responsibility towards any Selected Entrant who could not be contacted in accordance with these Official Rules.
No telephone contact, Direct Messaging, e-mail or other correspondence in association with the Contest will be entered into except with the Selected Entrant.
(6) PRIZE AWARDING
Upon successful contact with a Selected Entrant for each Prize and corresponding Prize Draw, that Selected Entrant will be required to provide certain contact information, as requested by the Administrator or Contest Sponsor (e.g. full name, age, telephone number, email address). As a condition to be declared a winner and be awarded the corresponding Prize, the Selected Entrant must comply with these Official Rules, answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question provided by the Administrator or Contest Sponsor, and sign and return a Declaration, Release and Waiver Form (the “Release Form”) to Administrator or Contest Sponsor (as directed), as well as any other documentation that may reasonably be required (each, a “Winner” ). The Release Form will, among other things, (i) confirm compliance with the Official Rules and acceptance of a Prize as awarded, without substitution, (ii) release and forever discharge, as well as indemnify and hold harmless, the Released Parties from all losses, damages, rights, claims and actions of any kind arising in connection with: (a) a Prize winner and his/her participation in the Contest; (b) the acceptance, possession or use of a Prize awarded in this Contest, including, without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation, invasion of privacy or anti-spam violations; and (c) the administration of the Contest, including, without limitation, the selection of a Prize winner or the distribution of a Prize awarded in this Contest; and (iii) give consent to Contest Sponsor, at its sole discretion, to publish or otherwise use the Prize winner’s first and last name, city and province/territory of residence, without compensation, for any publicity, advertising or informational purposes in respect of this Contest and future marketing, including similar contests, throughout the world, in perpetuity, without future notice; and may contain the mathematical skill testing question.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the skill-testing question, refuses to provide the contact information requested by the Contest Sponsor or does not sign and return an unaltered Release Form to the Administrator or Contest Sponsor twelve (12) hours of being provided the Release Form, that Selected Entrant will forfeit his/her entitlement to a Prize and the Administrator or Contest Sponsor shall be entitled to select another Entrant from the remaining eligible Entries for the Prize and corresponding Draw in which the first or previous Selected Entrant did not meet the Contest requirements until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first, as discussed above.
Each Release Form cannot be amended or altered in any way, and must be signed and returned by a Selected Entrant without any changes to their terms. Any changes to the terms of a Release Form will result in disqualification of the Selected Entrant at Contest Sponsor’s sole discretion. If a selected Entrant elects to amend, alter or change any of the terms, or if s/he refuses to sign, or return, the Release Form without any changes, alternations or amendments, the Selected Entrant hereby agrees that the Selected Entrant’s Entry shall be declared void by Administrator or Contest Sponsor and any entitlement to a Prize shall be voluntarily forfeited, and an alternate Entrant may be selected by random draw in the same manner as described in Rule 5 of these Official Rules.
The Contest Sponsor will contact each Prize Winner following receipt of his/her unaltered and signed Release Form, which may contain the answer to the skill-testing question, to arrange for delivery of the Selected Entrant’s respective Prize within approximately sixty (60) business days after receipt of an unaltered, non-amended and duly executed Release Form.
(7) FOR QUÉBEC RESIDENTS Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (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.
GENERAL RULES In the event of a conflict between these Official Rules and any instructions or interpretations of these Official Rules given by an employee or representative of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and his/her representatives, heirs, next of kin or assignees and guests participating in the Contest and/or Prize ( “Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death, property damage and claims based on publicity rights, defamation, invasion of privacy or anti-spam violations, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(9) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability 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 processing of Entries, the selection of the Winners or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, any issues related to a Social Media account, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to an Entrant’s or to any other person’s computer related to or resulting from participating or downloading materials in the Contest.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant’s or any other person’s computer, television, smartphone, tablet or other equipment resulting from an Entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website or social media platform. Without limiting the foregoing, everything on any website is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. If there is, as a result of any error, mistake or glitch, more potential winners than contemplated in these Rules, Contest Sponsor reserves the right to hold a random draw amongst all claimants of any Prize in order to award the correct number of prizes, which is limited to one (1) per Day, with a total of twelve (12) over all Days of the Contest Period for this Contest. In such an event, Contest Sponsor will not be liable, in any respect, to any claimants of a prize for any reason whatsoever.
(10) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsor and Administrator. The Contest Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including legal fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In its sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten abuse or harass any person and to void all such person’s associated Entries. Subject only to the approval by the Régie for residents of the Province of Québec, the Contest Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.
(11) PRIVACY AND PUBLICITY RIGHTS
By entering this Contest, Entrants consent to the collection and use of their personal information by Administrator and/or Contest Sponsor for the purposes of administering the Contest and awarding the Prizes. The personal information of Contest Entrants will not be sold or used for any purpose other than in connection with this Contest without consent. By accepting a Prize, the Winner thereby grants to the Released Parties the perpetual right to use their name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
(12) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. The Contest Sponsor and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
(13) TAX INFORMATION
Liability for any applicable taxes (including income and withholding tax) imposed by any government, if any, on any Prize won is the sole responsibility of the winner of such Prize.
(14) ADDITIONAL TERMS The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules 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.
This Contest is not in any manner sponsored, endorsed, administered by or associated with Instagram. By participating in the Contest, each Entrant releases and agrees to indemnify Instagram Inc., and any of its employees, officers, directors, representatives and agents (collectively, “Instagram Parties”), and hold the Instagram Parties harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related or Prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or Prize-related activity, whether hosted by the Contest Sponsor or a third party.
All trademarks, logos and slogans are the property of their respective owners and are used under license or with approval.