Red Apple – Small Town Big Heart – Win 1 of 3 Cash prizes valued at $1,000 each
SMALL TOWN BIG HEART VIDEO CONTEST
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Red Apple Store “Small Town Big Heart Video Contest” (the “Contest”) begins on February 15, 2019 at 9 a.m. EST and ends on December 31st, 2019 at 9 p.m. EST (the “Contest Period”).
The Contest is run by Red Apple Stores Inc. (the “Sponsor”). For the purposes of the Contest, the “Contest Group” is composed of the Sponsor, together with its affiliates and related companies, including without limitation its parent and subsidiary companies, retailers, advertising and promotion agencies, suppliers of materials and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the organization or administration of the Contest and their respective officers, directors, employees, agents, and other representatives.
The Contest is open to residents of Canada (excluding residents of Quebec) who have reached the age of majority in their province/territory of residence; however, excluding the Contest Group. The Contest is subject to all municipal, provincial and federal laws and regulations (collectively “Laws”). By entering this Contest, all entrants agree to comply with, and be legally bound by these, Official Contest Rules (the “Rules”), and to comply with all Laws. By entering the Contest, entrant confirms having read these Rules.
HOW TO ENTER
NO PURCHASE NECESSARY. To enter, go to www.redapplestores.com/video-contest (the “Website”) and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Entry Form”). Fully complete and submit the Entry Form during the Contest Period with all required information, which includes a requirement to: (i) enter your full name, complete mailing address (including postal code), valid email address and telephone number; and (ii) upload your unique and original video in MP4 file format (a “Video”), which must be 1-2 minutes in length and depict Why you love your town and community (for example, the Video may include interviews of people who make your town or community great or a philanthropic deed that highlights the community bond or community’s spirit of giving) (collectively, an “Entry”). In order to be eligible, your Video must comply with the Submission Guidelines. In order to be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period (as determined by the Sponsor in its sole and absolute discretion).
Limit: Multiple Entries per person are acceptable. Use of automated devices to enter is prohibited; automated Entries (including but not limited to Entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification (as determined by the Sponsor in its sole and absolute discretion). All Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).
All Videos must comply with the following submissions guidelines (the “Submissions Guidelines”):
a. The Video must not defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Sponsor, as determined by Sponsor in its sole and absolute discretion. b. The Video must be suitable for family audiences, as determined by Sponsor in its sole discretion. c. The Video must not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by Sponsor in its sole discretion. d. The Video must not infringe on the intellectual property rights (including third party logos, or trademarks), or defame or invade the publicity or privacy rights, or any other type of rights of any third party, living or deceased.
By submitting an Entry, you warrant and represent that: (i) your Video is your unique and original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright, to submit the Video in accordance with these Rules; (ii) your Video has not been previously published; (iii) your Video does not infringe upon the rights (including without limitation intellectual property rights), or defame or invade the publicity or privacy rights, of any third party, living or deceased; (iv) all individuals appearing in your Video (and, if a minor, their parent or legal guardian) have agreed to its submission and its use in accordance with these Rules, and, without limiting the generality of the foregoing, have granted to you an irrevocable, royalty-free, worldwide license in perpetuity to publish or otherwise use their likeness in your Video in any manner and media whether now known or hereafter devised including, without limitation, on the Sponsor’s Facebook Page; and, (v) your Video complies with the Submissions Guidelines. You agree to indemnify and hold harmless the Contest Group from any claims to the contrary.
By submitting an Entry, you agree as follows: (i) you acknowledge that your Video may be posted by Sponsor on its Facebook Page and on Sponsor’s websites (including without limitation the Website) in Sponsor’s sole and absolute discretion but without obligation ii) you acknowledge that your Video may be posted on other social media accounts or used in Sponsor’s promotional e-mails in Sponsor’s sole and absolute discretion but without obligation; (iii) without limiting the generality of the foregoing, you have the right and authority to, and do hereby, grant to Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to download, reproduce, store, copy, broadcast, display, publish, publicly perform, make available, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use without limitation all or any part of your Entry (including without limitation your Video) in any type of media (including without limitation on the Sponsor’s Facebook Page, other social media accounts, websites and in Sponsor’s promotional e-mails) and for any purpose; (iv) you waive any and all moral rights that you may have in and to your Entry (including without limitation your Video) in favour of the Contest Group with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless the Contest Group from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action that relates in any way to Sponsor’s use of your Entry (including without limitation your Video).
There are three (3) grand prizes (each, a “Grand Prize”) available to be won. Each Grand Prize consists of one (1) $1,000 (One Thousand Dollars) Cash Prize
Collectively, the Grand Prizes will be referred to as the “Prizes”. The Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Any and all taxes and costs associated with the receipt and use of a Prize are the responsibility of the applicable winner. All characteristics and features of each Prize, except as explicitly stated above, will be determined by the Sponsor in its sole and absolute discretion.
PRIZE WINNERS SELECTION
GRAND PRIZES: On January 15, 2019, a panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each Video submitted up to the last day of the Submission Period to select the potential Grand Prize winner on the basis of the following weighted criteria (the “Judging Criteria”): (i) Features connection with community: 50%; (ii) Clarity of the story: 25%; and (iii) Overall appeal: 25%. Odds of being selected as a potential Grand Prize winner depend on the number of eligible Entries received during the Contest Period and the calibre of the Videos associated with each such Entry (on the basis of the Judging Criteria).
In the event of a tie between two or more Videos based on total score, the entrant associated with the Video – from amongst all such Videos that are tied – with the highest score on Connection with Community criteria will be deemed to have obtained the higher score.
POTENTIAL WINNER NOTIFICATION/CONFIRMATION
Each potential Prize winner will be notified via E-mail from GoLocal@redapplestores.com email address. Red Apple will make three (3) attempts to contact each potential Prize winner within fourteen (14) days of the applicable judging date. Each potential Prize winner will be given instructions on how to claim the applicable Prize and will be required to sign and return within ten (10) days, the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Contest Group from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet. . Each potential Prize winner is solely responsible for ensuring his/her email account settings are set to be able to receive such notification messages, monitoring his/her email account for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion) and, if disqualified, he/she will forfeit all rights to the applicable Prize. Within fourteen (14) days after the applicable judging date, if the Sponsor is unsuccessful in getting a response from a potential Prize winner or if a potential Prize winner does not otherwise comply with these Rules (as determined by the Sponsor in its sole and absolute discretion), such potential Prize winner will be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining applicable eligible Entries (in which case the foregoing provisions of this section shall apply to such new potential Prize winner). The Prizes will be distributed within thirty (30) days after the confirmation of the applicable winner. The Prizes will only be given to the confirmed winners. The winner is responsible for any applicable federal, provincial and municipal taxes.
Winner Verification: Potential winners maybe subject to verification, including verification of age.
Without limiting the foregoing terms and conditions of these Rules, the Videos of the confirmed winners may be featured on the Sponsor’s websites and Facebook pages (including without limitation the official Red Apple/The Bargain! Shop Facebook page).
LIMITATION OF LIABILITY
By entering, each entrant acknowledges and agrees that the Contest Group shall not be responsible for, and entrant shall hold them harmless from, any and all claims, damages, including compensatory, direct, incidental, consequential or other damages, liabilities, costs and expenses (“Losses”) with respect to or in any way arising from or in connection with the Contest (including without limitation use or misuse of your Entry or a Prize). Without limiting the generality of the foregoing, the Contest Group shall in no way be considered responsible for any losses in connection with (i) incorrect or inaccurate information for any reason including any technical or human error which may occur in the processing of submissions in the Contest, (ii) problems or technical malfunctions, (iii) error, omission, interruption, deletion, defect, theft or destruction or authorized access to, or alteration of, Entries or (iv) damages to entrants or to any other person related to or resulting from entering, participating in this Contest (including without limitation use or misuse of your Entry or a Prize). The Contest Group not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
Any attempt by an entrant or any other person to deliberately damage the Sponsor’s Facebook Page or any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to claim damages from any such person to the fullest extent permitted by law.
Force Majeure: The failure of the Contest Group to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Contest Group Contest Group (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Rules.
Disputes: To the maximum extent permitted by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by an Ontario Provincial Court; (2) any and all claims, actions, judgments and awards (i) shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event legal or other fees; and (ii) may only be brought, initialed or awarded against Red Apple Stores Inc. and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT THE CONTEST GROUP WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM A PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, OR THE MERCHANDISE FOR WHICH IT IS REDEEMED. FURTHER BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT CONTEST GROUP HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.
Without limiting the foregoing, the Contest Group, will not be responsible for: (a) any incomplete or inaccurate information that is caused by entrants, 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 submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any Entry to be received by Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website, a social media platform error or malfunctions or any combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. The Sponsor, in its sole and absolute discretion, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, 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. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.