MARK’S SHAMBHALA LIVE-IN-COMFORT LEGGING GIVEAWAY



NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED. BY ENTERING THE GIVEAWAY 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 Shambhala Live-In-Legging Giveaway (the "Giveaway") is open to residents of Canada (excluding Quebec) and shall be construed and evaluated according to applicable Canadian law. Participants must be eighteen (18) 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 Giveaway constitutes acceptance of these Giveaway rules (the "Giveaway Rules").

1. SPONSOR: The Giveaway 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 Giveaway is also administered by the Sponsor. Any questions, comments or complaints must be directed to the Sponsor.

2. ELIGIBILITY. To be eligible for this Giveaway, an individual must:
(a) be a legal resident of Canada (excluding Quebec);
(b) be 18 years of age or older in his/her province or territory at time of Entry;
(c) be a Triangle Rewards members;
(d) have received an email from Triangle regarding the Giveaway.
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 Giveaway. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Giveaway. 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 Giveaway must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion; to disqualify any participant should such an participant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

3. GIVEAWAY PERIOD. The Giveaway starts at 12:01 a.m. EST on June 24, 2022 ("Giveaway Start Date") and ends when 200 participants have registered (as described in Section 4) or until 12:01 a.m. EST July 6, 2022, whichever occurs first (the "Giveaway End Date", and together with the Giveaway Start Date, the "Giveaway Period").

4. HOW TO ENTER.
(a) There is no purchase necessary to enter the Giveaway.
(b) To enter the Giveaway, on the Giveaway Start Date, visit https://community.triangle.com/c/r/ShambhalaLeggingGiveaway, and complete and submit the (1) Giveaway registration form; and (2) the Giveaway release form (together an "Entry"). No Entries will be accepted by any other means.
(c) Limit of one (1) Entry per person per Giveaway Period. Use of multiple or alias email 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 Giveaway Rules may result in the disqualification of all Entries from such accounts as well as disqualification of the participant from the Giveaway.
(d) In the event of a dispute regarding who submitted an Entry, the authorized subscriber of the email address used to participate in the Giveaway at the time of Entry will be deemed to be the participant. The authorized account subscriber of a valid email address is defined as the natural person who is assigned an email address by an internet access provider, on-line service provider, telecommunications provider or other organization responsible for assigning email addresses for the domain associated with the email address. Each winner may be required to provide the Sponsor with proof that the winner is the authorized account holder of the email address that is associated with the winning Entry. If a participant opts to use his/her email address via a wireless mobile device (which is not required to enter the Giveaway), standard data rates may apply. Wireless carriers' rate plans may vary, and participants should contact their wireless carrier for more information on messaging rate plans and charges relating to participation in the Giveaway. Each participant also understands that mobile device service may not be available in all areas.
(e) Entries must be received during the Giveaway Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with participants except with those (1) selected for a prize; or (2) that have sent questions or other communication to the Sponsor in addition to making an Entry.

5. PRIZES.
(a) The prizes are hereafter referred to as the "Prizes", each a "Prize". The confirmed Prize winners are hereafter referred to as "Winners", each a "Winner".
(b) There are a total of two hundred (200) Prizes available to be won during the Giveaway Period. Each Prize consists of one (1) pair of black Shambhala Live-In Comfort Leggings. The total approximate retail value ("ARV") of each Prize is $59.99 CAD (excluding tax).
(c) Winners are not entitled to monetary difference between actual Prize value and stated ARV of the Prize, if any.
(d) Each Prize will be distributed within fifteen (15) business days after the Winners has been chosen.
(e) The Prize must be accepted 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. 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.
(f) The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.

6. WINNER SELECTION.
(a) The first two hundred (200) particpants to successfully submit an Entry and who meet the eligibility requirements will be considered a Winner. Accordingly, Winners are selected on a first-come, first-serve basis.
(b) The odds of being selected as a potential winner are dependent upon the number of eligible participants.
(c) Each Winner will be notified by email on or before July 14th, 2022.
(d) If, as a result of an error relating to the Entry process, drawing or any other aspect of the Giveaway, there are more Winners than contemplated in these Giveaway Rules, there will be a random draw amongst all eligible Prize claimants after the Giveaway's closing dates to award the correct number of Prizes.
(e) ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

7. RELEASE.
(a) By participating in this Giveaway, each participant agrees to forever release, discharge, indemnify, and hold harmless, the Promotion Entities, Canadian Tire Associate Dealers, and each of their respective subsidiaries, affiliates, related companies, employees, directors, officers, suppliers, agents, Sponsor, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the "Releasees"), from any and all injuries, claims, demands, loss, harm, damage, cost or expense, or liabilities of any kind to any person(s), regardless of the cause (including those arising from the partial or sole negligence of, or any act or omission of, any Releasee), whether known or unknown, including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from (a) acceptance, possession, use, and/or misuse of a Prize, (b) participation in this Giveaway or any Giveaway-related activity.
(b) Each Winner (a) agrees that they will not use the Prize in contravention of any applicable laws, including for personal profit; and (b) declares and agrees that they will not commence any proceedings with respect to the Contest, their participation therein, any advertising or promotion related to the Contest, or my acceptance, possession, or use of the Prize, against any other person or legal entity who may claim contribution or indemnity from the Releasees.

8. INDEMNIFICATION BY ENTRANT. By entering the Giveaway, each participant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the participant 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 Giveaway, any breach of the Giveaway Rules, or in any Prize-related activity. The participant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Giveaway, including without limitation any claims of infringement of rights to copyright, privacy and/or personality.

9. LIMITATION OF LIABILITY.
(a) The Sponsor assumes no responsibility or liability for: (i) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies; (ii) 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; (iii) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the administration of the Giveaway; (iv) 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; (v) 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; (vi) any injury or damage to participant or to any computer related to or resulting from participating or downloading materials in this Giveaway.
(b) The Releasees make no warranty, guaranty, or representation of any kind concerning any Prize and disclaim any implied warranty, guaranty, or representation. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Giveaway, or by the acceptance, possession, use of, or failure to receive any Prize.
(c) The Sponsor assumes no responsibility or liability in the event that the Giveaway 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 Giveaway.

10. CONDUCT.
(a) By participating in the Giveaway, each participant agrees to be bound by the Giveaway Rules. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects.
(b) The Sponsor reserves the right, in their sole discretion, to disqualify any participant found to be: (i) violating the Giveaway Rules; (ii) tampering or attempting to tamper with the Entry process or the operation of the Giveaway; (iii) violating the terms of service, conditions of use and/or general rules or guidelines of any online Sponsor's property or service; and/or (iv) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
(c) Any attempt to deliberately undermine the legitimate operation of the Giveaway 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.

11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Giveaway, participant: (i) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and email address for the purpose of administering the Giveaway, 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, for Giveaway administration, publicity, and promotional purposes relating to the Giveaway, 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.
(b) If you are selected and confirmed as a Winner, you agree to receive a shipping confirmation email from Mark’s related to your Prize.
(c) The Sponsor will use the participant's Personal Information only for identified purposes, and protect the participant's Personal Information in a manner that is consistent with the Sponsor's Privacy Policy at: https://www.marks.com/en/help-desk/company-information/privacy-policy.html. The Sponsor's Privacy Policy outlines its commitment to safeguarding Personal Information.

12. 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.

13. TERMINATION. The Sponsor reserves the right to terminate the Giveaway, in whole or in part, and/or to modify, amend or suspend the Giveaway, and/or the Giveaway Rules in any way, at any time, for any reason without prior notice.

14. LAW. These are the official Giveaway Rules. The Giveaway is subject to applicable federal, provincial and municipal laws and regulations. The Giveaway 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 Giveaway Rules or the rights and obligations as between the participant and the Sponsor in connection with the Giveaway 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.

15. SEVERABILITY. If any term or condition of the Giveaway Rules is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Giveaway Rules.

16. OFFICIAL RULES. These Official Rules are available on the Sponsor's Website at

 

https://www.marks.com/en/contest/shambhala-give-away.html

 


17. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Giveaway Rules and disclosures or other statements contained in any Giveaway-related materials, including but not limited to the Giveaway Entry form, or point of sale, television, print or online advertising, the terms and conditions of the Giveaway Rules shall prevail.

18. SPONSOR. The Sponsor of the Giveaway 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 Giveaway.