2 X $200 Gift Card Giveaways with Brett and Cecilia Kissel
Official Rules and Regulations
The “Mark’s Valentine’s Day Instagram Contest” contest (the "Contest") is intended to be conducted in Canada (excluding the province of Quebec) and shall be construed and evaluated according to applicable Canadian law. Participants must be 18 years of age or older at the time of entry. Void in whole or part where prohibited by law. Entry in this Contest constitutes acceptance of these Contest rules (the "Contest Rules").
1. The Contest sponsor is Mark's Work Wearhouse Ltd. ("Mark's" or the "Sponsor") with its head office located at Unit #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. To be eligible for this Contest, an individual must: (a) be a legal resident of Canada (excluding Quebec); (b) 18 years of age or older in their province or territory of residence at the time of entry; and (c) have an active Instagram account.
3. Employees of the Sponsor, its affiliates, subsidiaries, related companies, advertising and promotional agencies, and the immediate family members and household members of any of the above, are not eligible to participate in the Contest.
4. The Sponsor shall have the right at any time 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.
1. The Contest begins on February 14, 2019 at 8:30 AM Mountain Standard Time ("MST") and ends on February 14, 2019 at 11:59 PM MST (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.
HOW TO ENTER
5. 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.
6. During the Contest Period, (a) like the Contest Instagram post; (b) follow @MarksCanada on Instagram; (c) follow @BrettKissel on Instagram; (d) follow @CeiliaKissel on Instagram; and (e) tag your #Valentine in the comments below for your chance to win. Once you have successfully completed the foregoing steps, you will receive one (1) entry into the Contest (an "Entry"). There is no limit on the number of Entries you may submit during the Contest Period.
7. To participate in the Contest, you must be a registered member of Instagram.
8. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: use multiple names, 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; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.
9. In the event of a dispute, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. An entrant may be required to provide the Sponsor with proof that she or he is the authorized account holder of the email address associated with the winning entry.
10. By participating in this Contest, entrant acknowledges, represents and warrants that: (a) the Entry does not contain any material that is libelous, defamatory, profane or obscene and does not violate any laws relating to hate speech or otherwise; (b) the Entry is an original Entry, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Entry or any part thereof and that all right, title, and interest (including copyright) therein and thereto and is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use the Entry as contemplated by these Contest Rules; (c) the Entry does not infringe upon the intellectual property or other statutory or common law rights of any third party; and (d) if applicable, any minor shown in the Entry and the submission of the Entry is made with the consent of a parent and/or legal guardian of such minor.
11. 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 its sole discretion, that the entrant has breached any of the representations and warranties made above including, without limitation, on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech.
12. All Entries become the sole property of the Sponsor and none will be returned for any reason. By submitting the Entry, the entrant assigns to the Sponsor all of entrant’s right, title and interest, including copyright, in and to the Entry, throughout the world in perpetuity. For greater certainty, the entrant acknowledges that, as a result of this assignment, the Sponsor will have the exclusive and perpetual right to exploit the Entry in any media now known or later developed in whatever ways the Sponsor may determine in its sole discretion and to authorize others to do so. This includes, but is not limited to, the right to reproduce, distribute, publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, all without further obligation or compensation of any kind to the entrant. By submitting the Entry, the entrant waives all of its so-called "moral rights" that it may enjoy in any territory throughout the world in relation to the Entry. Upon request by the Sponsor, the entrant agrees that it shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as many reasonably be necessary or desirable to give effect to the assignment of the entrant’s rights in the Entry.
13. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced.
14. The prize is hereafter referred to as the "Prize". The Prize winner is hereafter referred to as a "Winner.”
15. There is one (1) Prize available to be won by one (1) Winner as follows: two (2) $200 Mark’s gift cards.
16. The Winner is not entitled to monetary difference between actual Prize value and stated approximate retail value of the Prize, if any.
17. Each entrant is only eligible to win one (1) Prize regardless of entry. Winner is responsible for all taxes and fees associated with Prize receipt and/or use. Prizes will be distributed after the Winner has been successfully contacted, notified of his/her Prize and fulfilled the requirements set out herein.
18. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its and its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason, including by awarding a gift card in lieu of the Prize.
19. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
20. The Prize is subject to additional terms and conditions which can be found on the back of the gift card.
21. On February 15, 2019, after the end of the Contest Period, the Winner will be selected by a random draw from all eligible Entries received during the Contest Period. One Winner will be selected from all eligible entries. The Winner will be notified via Instagram direct message.
22. The odds of being selected as a potential Winner are dependent upon the number of eligible entries received by the Sponsor. Before being declared a Winner, each selected entrant shall be required to: (a) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question; (b) comply with the Contest Rules, and (c) sign and return the Confirmation and Release (described below).
23. Each selected entrant will be notified by Instagram direct message immediately following the draw and must respond within two (2) hours of notification. Upon notification, each selected entrant must respond with the executed Confirmation and Release, by email provided in the notification, and the selected entrant’s response must be received by the Sponsor within two (2) hours of such notification. 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.
24. 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 date to award the correct number of Prizes.
25. The Winner will be required to execute a release and waiver ("Confirmation and 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, Administrator, its/their subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, 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; (d) grant to the Sponsor the unrestricted right, in the Sponsor’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, the Entry, likeness, voice and biography, in any and
all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof; (e) assignment to the Sponsor all of Winner’s right, title and interest, including copyright in and to the Entry, throughout the world in perpetuity and acknowledgment that, as a result of this assignment, the Sponsor will have the exclusive and perpetual right to exploit the Entry in any media now known or later developed in whatever ways the Sponsor may determine in its sole discretion and to authorize others to do so, including without limitation, the right to reproduce, distribute, publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, all without further obligation or compensation of any kind to the Winner; (f) waiver of all of Winner’s so-called "moral rights" that it may enjoy in any territory throughout the world in relation to the Entry; and (g) acknowledgement that, upon request by the Sponsor, Winner shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as many reasonably be necessary or desirable to give effect to the assignment of Winner’s rights in the Entry.
26. The executed Confirmation and Release must be returned within two (2) hours of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT
27. By entering the Contest, 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. The 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.
LIMITATION OF LIABILITY
28. The Sponsor assumes no responsibility or liability for: (a) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Confirmation and 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 and Administrator assume 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, such as 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 or the Contest Website.
30. By participating in the Contest, each entrant agrees to be bound by the Contest Rules. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects.
31. The Sponsor reserves the right, in its 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 Mark'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.
PRIVACY / USE OF PERSONAL INFORMATION
32. By participating in the Contest, entrant: (a) grants to the Sponsor the right to use his/her name, mailing address, the Entry, telephone number, and e-mail address ("Personal Information") for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (b) grants to the Sponsor the right to use his/her Personal Information for administrative, 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 (c) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (a) and (b) above.
34. The name of the Prize Winner will be available and may be obtained by e-mail sent to firstname.lastname@example.org within 120 days after the close of the Contest Period.
35. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. Mark's name, logos and marks are owned by Mark's Sports Ltd.
36. The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice and shall have no liability to anyone, including entrants, for the cancellation, modification or termination of the Contest.
37. 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.
38. As a condition of participating in the Contest, except where prohibited by law, each entrant agrees that any dispute or cause of action arising out of or connected with the Contest shall be resolved individually, without resort to any form of class action proceeding, and exclusively before a court located in the province of Alberta and that the court shall apply the laws of the province of Alberta doctrines of conflict of law and that you agree to be subject to personal jurisdiction in the province of Alberta. Further, each entrant agrees to waive all rights to claim punitive, incidental or consequential damages, or any other damages, including legal costs or attorneys’ fees, other than the entrant’s out-of-pocket expenses associated with entering the Contest.
39. 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, govern and control.
CAUTION: Any attempt to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.