Mark's #KeepItSimple TikTok Challenge Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED.
EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN FIVE (5) BUSINESS DAYS, AS MORE FULLY DETAILED BELOW.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Mark's #KeepItSimple Challenge Contest (the "Contest") is open to residents of Canada (excluding Quebec) and shall be construed and evaluated according to applicable Canadian law. Participants must be sixteen (16) years of age or older in their province/territory at time of entry. Void in whole or in part where prohibited by law. Entry in this Contest constitutes acceptance of these Contest rules (the "Contest Rules").
1. SPONSOR: The Contest Sponsor is Mark's Work Wearhouse Ltd. (the "Sponsor") with its head office located at #110 - 205 Quarry Park Blvd. SE, Calgary, AB T2C 3E7. This Contest is also administered by the Sponsor. Any questions, comments or complaints must be directed to the Sponsor.
2. ELIGIBILITY. To be eligible for this Contest, an individual must: (a) be a legal resident of Canada (excluding Quebec);
(b) be 16 years of age or older in his/her province or territory at time of entry. Entrants who are under the age of majority must have the consent of their parent or legal guardian to participate in the Contest in accordance with these Contest Rules; and
(c) have a valid TikTok account.
Employees of the Sponsor, and its affiliates, subsidiaries, related companies, advertising and promotional agencies (collectively, "Promotion Entities"), and the immediate family members (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related), are not eligible to participate in the Contest.
The Sponsor shall have the right to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
3. CONTEST PERIOD. The Contest starts at 12:01 a.m. EST on October 9, 2021 and ends on October 15, 2021 at 11:59 p.m. EST (the "Contest Period").
4. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. Enter using the method of entry outlined below. No entries will be accepted by any other means. To enter the Contest:
(i) Log into your TikTok account during the Contest Period and create a TikTok video under 3 minutes long showing how you #keepitsimple by showcasing your favourite fall looks and how you wear them throughout your day.
(ii) Post the video to your TikTok page, along with the hashtag #keepitsimple and #contest, and tag @markscanada.
(iii) The video must use the official Hashtag Challenge track. Once you complete steps (i)-(iii), you will receive one entry into the Contest (an "Entry").
(b) Limit of one (1) Entry per person per person per TikTok account. If two or more otherwise eligible individuals share a single account, only one of them may enter the Contest; and, if an eligible individual has multiple accounts, they may only enter the Contest once in respect of only one of those accounts. Anyone found to be using multiple accounts to participate will be disqualified.Use of multiple or alias accounts and/or any automated, macro, script, robotic or other system(s) or program(s) in order to exceed the limits on Entries permitted by the Contest Rules may result in the disqualification of all Entries from such accounts as well as disqualification of the entrant from the Contest.
(c) In the event of a dispute regarding who submitted an Entry, the authorized subscriber of the TikTok account used to participate in the Contest at the time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an TikTok account that can be verified by Sponsor. Each winner may be required to provide the Sponsor with proof that the winner is the authorized account holder of the TikTok account that is associated with the winning Entry. If an entrant opts to use his/her TikTok account via a wireless mobile device, standard data rates may apply. Wireless carriers' rate plans may vary, and entrants should contact their wireless carrier for more information on messaging rate plans and charges relating to participation in the Contest. Entrant also understands that mobile device service may not be available in all areas.
(d) Entries must be received during the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced.
5. CONTENT RESTRICTIONS: By participating in this Contest, you acknowledge, represent and warrant that, the Entry you are submitting complies with the following restrictions:
(i) the Entry does not contain any material that is libelous, defamatory, profane or obscene and does not violate any laws relating to hate speech;
(ii) the Entry is original work, solely created by you (including images, music, video and artwork); this means the Entry does not contain content created by a third party (such as music, images, video or artwork);
(iii) the Entry does not infringe upon the privacy, intellectual property or other statutory or common law rights of any third party;
(iv) you have obtained all required consents form all individuals who may appear in the Entry being submitted;
(v) if a minor is shown in the Entry, you have obtained the consent of the minor's parent and/or legal guardian;
(vi) the Entry does not contain solely photos or photo collages;
(vii) the Entry does not contain brand names or trademarks other than those owned by the Sponsor;
(viii) the Entry does not promote alcohol, illegal drugs, tobacco, or firearms/weapons or promotion any political agenda;
(ix) the Entry does not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
(x) the Entry does not contain material that is unlawful, in violation of, or contrary to the laws or regulations in the province where the Entry was created; and
(xi) you complied with all applicable COVID-19 related orders, directives, guidelines, procedures and public health and safety regulations issued by the health regulator in your province when creating your Entry.
(b) You agree that the Sponsor may, at any time, edit, modify or remove the Entry, in whole or in part, and may disqualify an entrant from the Contest if the Sponsor believes, in their sole discretion, that the entrant has breached any of the content restrictions noted above.
(c) Entries will not be returned to you and may be moderated or edited by the Sponsor as it deems appropriate. By submitting the Entry, the entrant grants to the Sponsor, the irrevocable right to use the Entry in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, display, or create derivative works from the Entry Materials, in whole or in part, without further notice, obligation or compensation of any kind to you.
(d) You waive all claims of moral rights in any use of your Entry Materials by the Sponsor pursuant to the rights granted in these Contest Rules.
(a) There are a total of ten (10) prizes available to be won during the Contest Period. Each prize consists of the following: ten (10) $100 gift card to Mark's. The total approximate retail value of each prize is $100.00 CAD.
(b) Winners are not entitled to monetary difference between actual prize value and stated ARV of the prize, if any.
(c) Each prize will be distributed within fifteen (15) business days after the winner has been successfully contacted, notified of his/her prize and fulfilled the requirements set out herein.
(d) The prize must be accepted "as-is" by the winner as awarded and cannot be transferred, exchanged, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a prize will be forfeited and has no cash value.
(e) Gift Cards are subject to the terms and conditions applicable to such gift card.
(f) The Sponsor reserves the right, in their sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.
(g) The Sponsor shall not assume any liability for lost, damaged or misdirected prizes.
7. WINNER SELECTION.
Winners shall be selected as follows:
(a) A draw will take place on or around 12:00 p.m. EST in Calgary, Alberta, on October 20th, 2021 where ten (10) entrant will be selected by a random electronic draw from all eligible Entries received during the Contest Period. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by the Sponsor during the Contest Period.
(b) Each selected entrant will be notified by TikTok direct message on the draw date. The Sponsor will make a minimum of three (3) attempts to contact the selected entrant by TikTok direct message within ten (10) business days of the draw date. Upon notification, each selected entrant must provide required information in compliance with these Contest Rules, and the selected entrant's response must be received by the Sponsor within five (5) business days after being notified. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive the prize and another entrant may be selected, in the Sponsor's sole discretion, until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant's response.
(c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible prize claimants after the Contest's closing dates to award the correct number of prizes.
(d) ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
(a) Before being declared a winner, each selected entrant shall be required to:
(i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question;
(ii) be in compliance with the Contest Rules, and
(iii) sign and return the Release (described below).
8. RELEASE. Each winner will be required to execute a release and waiver ("Release") that confirms winner's:
(a) eligibility for the Contest and compliance with these Contest Rules; (b) acceptance of the prize as offered; (c) release of the Sponsor and its subsidiaries, affiliates, related companies, employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the "Releasees") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom.
The executed Release must be returned within five (5) business days of the verification as a winner or the selected entrant will be disqualified and the prize forfeited.
9. PUBLICITY. By accepting a prize, each Winner:
(a) grants to the Sponsor the irrevocable right to record, photograph or otherwise capture or document the winner's name, likeness, voice, or any statements the winner makes regarding the Contest or the prize, by any available means;
(b) agrees that any such captured material, together with any biographical information, such as name or place of residence, or your Entry (collectively, all such materials, the “Publicity Material”) may be used by the Sponsor or its licensees, successors, or assigns in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry; (c) acknowledges that the Sponsor or its licensees, successors, or assigns shall not be required to compensate the winner, notify the winner, or request the winner's permission in connection with their use of any Publicity Material, unless otherwise prohibited by law; and (d) waives any rights that the winner may have or that may otherwise exist in connection with any use of the Publicity Material by the Sponsor, including any moral rights in any such Publicity Material.
10. INDEMNIFICATION BY ENTRANT. By entering the Contest, each entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, including without limitation any claims of infringement of rights to copyright, privacy and/or personality.
11. LIMITATION OF LIABILITY. The Sponsor assumes no responsibility or liability for: (a) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Release; (b) any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry; (c) 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 administration of the Contest; (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries; (e) any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the internet, at any website, or on account of any combination of the foregoing; (f) any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest. The Releasees make no warranty, guaranty, or representation of any kind concerning any prize and disclaim any implied warranty, guaranty, or representation.
12. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be made available online on the Sponsor's Website. Each entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Sponsor's property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: Any attempt to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.
13. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant:
(i) grants to the Sponsor the right to use his/her name, mailing address, the Entry, telephone number, and email address for the purpose of administering the Contest, including but not limited to contacting and announcing the winners;
(ii) grants to the Sponsor the right to use his/her name, photograph or likeness, and the Entry for Contest administration, publicity, and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and
(iii) acknowledges that the Sponsor may disclose his/her name, photograph or likeness, and the Entry to third-party agents and service providers acting on behalf of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
14. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, copyrights and any other intellectual property and trade secrets contained in any materials including without limitation print, digital and any other media are owned by the Sponsor and/or their affiliates, unless otherwise stated. All rights are reserved. Unauthorized copying or other use of such material without the express written consent of its owner is strictly prohibited.
15. TERMINATION. The Sponsor reserves the right to terminate the Contest, in whole or in part, and/or to modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
16. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Alberta including procedural provisions 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. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED OR ENTITLED TO OBTAIN (AND HEREBY WAIVES ALL RIGHTS TO SEEK OR CLAIM) INJUNCTIVE, EQUITABLE, OR OTHER NON-MONETARY RELIEF OR AWARDS FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING LAWYERS' FEES, OTHER THAN ENTRANT'S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), NOT TO EXCEED TEN DOLLARS ($10), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
17. SEVERABILITY. If any term or condition of the Contest Rules is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Contest Rules.
18. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail.
19. SPONSOR. The Sponsor of the Contest and the address at which the Sponsor may be contacted is Mark's Work Wearhouse Ltd., 205 Quarry Park Blvd, Unit 110, Calgary, Alberta, T2C 3E7. Reference to third parties in connection with the prize is for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.