Father’s Day Contest
Rules and Regulations
NO PURCHASE NECESSARY
The Contest is sponsored and administered by Mark’s Work Wearhouse Ltd. ("Contest Sponsor").
CONTEST PERIOD: Contest opens on May 29, 2018 at 12:01 a.m. EST and closes on June 17, 2018 at 11:59 PM EST (the "Contest Period").
Who Can Enter
The Contest is open to all legal residents of Canada, excluding Quebec, who are 18 years of age or older at the time of entry. You are not eligible to enter if you are (or you live with) an employee, officer, director, representative, agent, consultant or supplier of (i) the Contest Sponsor, (ii) or any of their respective parent companies, subsidiaries, affiliates, franchisees or licensees. The Contest is subject to all applicable federal, provincial and municipal laws and is void where prohibited by law.
How To Enter
1. During the Contest Period, share your child's drawing of their dad and the superhero qualities he possesses (the "Superhero Dad Drawing"). There are four (4) ways to enter the Contest, as follows:
a. Online Entry: To receive one (1) entry into the Contest, (i) go to Marks.com/en/superhero-dads; (ii) complete the online entry form as instructed, including all required information, and upload your child's Superhero Dad Drawing by clicking ‘Upload photo’, choosing a source and entering a caption; and (iii) submit your completed online entry form, as instructed on the webpage.
b. Facebook Entry: To receive one (1) entry into the Contest, log into your Facebook account during the Contest Period (note: must be a valid, public account) and post a Facebook post that (i) contains your child's Superhero Dad Drawing; (ii) tags @marks and (ii) includes the hashtag #superherodad.
c. Twitter Entry: To receive one (1) entry into the Contest, log into your Twitter account during the Contest Period (note: must be a valid, public account) and post a Twitter post that (i) contains your child's Superhero Dad Drawing; (ii) tags @markscanada and (ii) includes the hashtag #superherodad.
d. Instagram Entry: To receive one (1) entry into the Contest, log into your Instagram account during the Contest Period (note: must be a valid, public account) and post an Instagram post that (i) contains your child's Superhero Dad Drawing; (ii) tags @markscanada and (ii) includes the hashtag #superherodad.
Each photo submitted must comply with the Photo Requirements listed below (paragraph 9).
2. Limit of four (4) entries per person during the Contest Period, as follows:
a. In respect of the Online Entry mechanism, there is a limit of one (1) entry per person;
b. In respect of the Facebook, Twitter and Instagram entry mechanisms, there is a limit of one (1) entry per person, per social media (Facebook, Twitter and Instagram) account.
3. If it is discovered by the Contest Sponsor (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor) that any person has attempted to: (a) obtain more than the maximum number of entries per person (as described in paragraph 2) during the Contest Period; and/or (b) use multiple names, identities, social media accounts, 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 Contest Sponsor.
4. To participate in the Contest via social media, you must have a Facebook, Instagram or Twitter account and your account must be set to "public". If you do not have an account, visit www.facebook.com, www.twitter.com or www.instagram.com, as applicable, and create an account in accordance with the instructions. There are no fees associated with the creation of a Facebook, Twitter or Instagram account.
5. Entries submitted to Facebook, Twitter or Instagram by an entrant whose account is not set to "public" will be void. Entries that do not contain a valid Facebook, Twitter or Instagram handle will be void.
6. Requirements must be met in full for Contest entry. Entries that contain false, misleading or inappropriate information may be disqualified at the sole discretion of the Contest Sponsor. Entries must be received within the Contest Period. Entries received after the Contest Period closes will not be accepted.
7. All entries become the property of the Contest Sponsor and will not be returned or acknowledged.
8. The Contest Sponsor will not be responsible for an entrant’s inability to submit a Contest entry due to any hardware or software malfunction, internet service delay or interruption, inability to access the Contest URL, or any combination thereof. Further, The Contest Sponsor shall not be responsible for Contest entries that are incomplete, illegible, incorrect, lost, misdirected or delayed.
9. Each Contest entrant hereby warrants and represents that his/her entry and each individual component thereof:
a. is unique and original to him/her and that the entrant has all necessary rights in and to the entry and each individual component thereof;
b. does not violate any law, statute, ordinance or regulation;
c. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such third parties and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
d. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
e. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity (partial or otherwise); alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Contest Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Contest Sponsor; conduct or other activities in violation of these Official Rules and Regulations; and/or any other content that is or could be considered inappropriate, disparaging, unsuitable or offensive, all as determined by the Contest Sponsor in its sole and absolute discretion.
10. IMPORTANT NOTE: The Contest Sponsor will screen every selected entry. Any entry that the Contest Sponsor deems, in its sole discretion and at any point in time, to violate the terms and conditions set forth in these Official Rules and Regulations will be subject to disqualification.
11. By entering the Contest and submitting an entry, each entrant:
a. acknowledges that the Superhero Dad Drawing will immediately appear on the Marks.com/en/superhero-dads webpage, and/or the entrant's Facebook, Instagram or Twitter feed as applicable, after it is posted;
b. grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the entry and each individual component thereof, in whole or in part, for advertising or promoting the Contest or for any other reason;
c. waives all moral rights in and to his/her entry and each individual component thereof in favour of the Contest Sponsor (and anyone authorized by the Contest Sponsor to use the entry or a component thereof); and
d. agrees to release, indemnify and hold harmless the Released Parties from and against any and all claims related, directly or indirectly, to his/her entry (or a component thereof) – including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action.
For greater certainty, the Contest Sponsor reserves the right, in its sole discretion, to modify, edit or remove any entry (or a component thereof), or to request an entrant to modify or edit his or her entry (or a component thereof), if a complaint is received with respect to the entry (or a component thereof), or for any other reason at any time. If such an action is necessary at any time, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to:
a. disqualify the entry;
b. disqualify the entrant and any or all of his/her entries; and/or
c. to take whatever action the Contest Sponsor deems appropriate in circumstances as determined by the Contest Sponsor its sole and absolute discretion.
How to Win
12. The odds of winning will depend upon the number of eligible entries received.
13. At the conclusion of the Contest Period, on or about June 18, 2018, two (2) entries will be selected by random draw from all eligible entries received during the Contest Period ("Grand Prize Selected Entrants"). The Grand Prize Selected Entrants will each be eligible to win a Grand Prize.
14. The Contest Sponsor will verify each Grand Prize Selected Entrant’s eligibility and each Grand Prize Selected Entrant will be notified in accordance with paragraph 20. If a Grand Prize Selected Entrant does not meet all eligibility requirements for the Contest, the entry is void or becomes disqualified, and the process in paragraph 13 is repeated.
15. In order to be declared the winner of a Grand Prize, each Grand Prize Selected Entrant must have, on or before June 29, 2018, appropriate travel documentation sufficient to allow travel within Canada for the purpose of claiming the Grand Prize. Failure to provide Contest Sponsor with proof of appropriate travel documentation will result in forfeiture of the Grand Prize, at the sole discretion of the Contest Sponsor.
16. Once the winners of the Grand Prizes have been declared, the Contest Sponsor will select one (1) entry by random draw from all remaining eligible entries received during the Contest Period (the "Secondary Prize Selected Entrants"). The Secondary Prize Selected Entrant will be eligible to win the Secondary Prize.
17. The Contest Sponsor will verify the Secondary Prize Selected Entrant's eligibility and the Secondary Prize Selected Entrant will be notified in accordance with paragraph 20. If the Secondary Prize Selected Entrant does not meet all eligibility requirements for the Contest, the entry is void or becomes disqualified, and an alternate Secondary Prize Selected Entrant will be selected by random draw from the remaining eligible entries.
18. Once the winners of the Grand Prizes and Secondary Prizes have been declared, the Contest Sponsor will select one (1) entry by random draw from all remaining eligible entries received during the Contest Period (the "Tertiary Prize Selected Entrants"). The Tertiary Prize Selected Entrant will be eligible to win the Tertiary Prize.
19. The Contest Sponsor will verify the Tertiary Prize Selected Entrant's eligibility and the Tertiary Prize Selected Entrant will be notified in accordance with paragraph 20. If the Tertiary Prize Selected Entrant does not meet all eligibility requirements for the Contest, the entry is void or becomes disqualified, and an alternate Tertiary Prize Selected Entrant will be selected by random draw from the remaining eligible entries.
20. The Grand Prize Selected Entrants, Secondary Prize Selected Entrant and Tertiary Prize Selected Entrant (collectively, the "Selected Entrants") will each be contacted by the Contest Sponsor via private message and notified that they are a Selected Entrant to win a Prize (the "Notification").
21. If the Selected Entrant does not respond to the Notification within twenty-four (24) hours thereof, that Selected Entrant will be automatically disqualified and an alternate Selected Entrant will be selected and contacted in accordance with paragraph 13 to 19, as applicable.
22. Any Notification that is returned as undeliverable may result in disqualification at the sole discretion of the Contest Sponsor.
23. To be declared a Prize winner ("Prize Winner") and recipient of a Prize (as defined below) the Selected Entrant must:
a. sign a declaration confirming compliance with these Official Rules and Regulations and acceptance of the Prize as awarded;
b. sign and return, within the time stipulated, a waiver and release of the Contest Sponsor and its respective officers, directors, shareholders, volunteers, governors, employees, agents, representatives, parents, successors, affiliates, subsidiaries, assigns, related entities, partners, partnerships, suppliers of prizes, licensees, and licensors ("Released Parties") from any liability in connection with this Contest; and
c. correctly answer, unaided, a time-limited skill testing mathematical question to be administered by Contest Sponsor.
24. Selected Entrants may also be required to submit valid government-issued proof of identity.
25. By accepting a Prize, the Prize Winner authorizes the Contest Sponsor to broadcast, publish and disseminate his/her name, City of residence, photograph, likeness, sobriquet and voice, in connection with any further publicity carried out in connection with this Contest, with no additional compensation to the Prize Winner beyond the awarding of the Prize.
26. There are four (4) Prizes available to be won, as follows: (2) Grand Prizes (each a "Grand Prize"), one (1) Secondary Prize (a "Secondary Prize") and one (1) Tertiary Prize (a "Tertiary Prize") available to be won.
27. Grand Prizes. Two (2) winners will be chosen and awarded one (1) Grand Prize each. Each Grand Prize is comprised of a trip for two (2) to Edmonton Alberta for the 2018 Grey Cup. Trip must take place with a departure of November 23, 2018 and a return of November 26, 2018 (or on such other dates as may be specified by the Contest Sponsor in its sole and absolute discretion) and includes:
a. transportation (economy class) for the confirmed winner and one (1) travel companion who is eighteen (18) years of age or older (the "Guest") to Edmonton, Alberta from a Canadian location near the confirmed winner's residence (as determined by Contest Sponsor in its sole and absolute discretion);
b. accommodation for two (2) (double occupancy) for three (3) nights at the Matrix Hotel (or such other hotel as determined by the Contest Sponsor in its sole and absolute discretion);
c. two (2) tickets to the Grey Cup; and
d. one (1) $450.00 pre-paid VISA gift card.
The total approximate retail value of the Prize is $8,500.00, although the actual retail value may vary depending on the point of departure. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of transportation method, hotel accommodations (including, without limitation, room size and occupancy), ticket levels, Grey Cup seating and all other aspects of each Grand Prize are at the sole and absolute discretion of the Contest Sponsor.
28. Secondary Prize: One (1) winner will be chosen and awarded one (1) Secondary Prize. The Secondary Prize is comprised of: (a) a two hour shopping experience at a Mark’s store close to the winner's location (store location to be determined by the Contest Sponsor in its sole and absolute discretion) with Brett Kissel prior to December 31, 2018; and (b) one (1) $500.00 Mark's gift card to be used during the shopping experience. Note that the winner will be responsible for their transportation to and from the Mark's store and for any and all costs not specifically and expressly stated above as included any accommodation, if necessary. Approximate Retail Value of the Secondary Prize: $500.00.
29. Tertiary Prize: One (1) winner will be chosen and awarded one (1) Tertiary Prize. The Tertiary Prize is comprised of one (1) $500.00 Mark's gift card. Approximate Retail Value of the Tertiary Prize: $500.00.
30. Additional Rules relating to the Grand Prizes: Without limiting the generality of the foregoing, the following general conditions apply to each Grand Prize: (a) all travel related to the Grand Prize must occur within the dates specified by the Contest Sponsor (otherwise each Grand Prize may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (b) the confirmed winner and his/her Guest must: (i) travel on same itinerary; and (ii) have all necessary documentation to permit travel within Canada; (c) the costs of everything not specifically and expressly stated in these Official Rules and Regulations as included in the Grand Prize are the sole and absolute responsibility of the confirmed winner and his/her and Guest, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed winner and his/her Guest to and from the Canadian departure location selected by the Contest Sponsor; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed winner and/or his/her Guest may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (d) if the confirmed winner and/or his/her Guest do not utilize any part(s) of the Grand Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Contest Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (e) all arrangements relating to the Grand Prize must be made through the Contest Sponsor or its designated agents; (f) by accepting the Grand Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part; and (vii) the confirmed winner’s Guest must: (i) be eighteen (18) years of age or older; and (ii) sign and return the Contest Sponsor's release (by the date indicated on the release form) indicating (among other things) that he/she waives all recourse against the Released Parties relating to his/her participation in the Grand Prize (including, without limitation, any travel related thereto).
It is strongly recommended and encouraged that the confirmed each Grand Prize winner and their Guest obtain sufficient personal travel and medical insurance prior to participation in the Grand Prize. Transportation is subject to availability, blackout periods, government restrictions and regulations and other transportation restrictions and regulations. The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of any Grand Prize. Neither a confirmed winner nor his/her Guest nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Contest Sponsor will not replace any lost or stolen tickets. Changes to transportation and/or passenger names are not accepted once bookings have been confirmed.
31. Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prizes, Secondary Prize and Tertiary Prize (collectively, "Prizes" and each a "Prize"): (a) the Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Contest Sponsor in its sole and absolute discretion); (b) no substitutions are permitted, except at Contest Sponsor’s option; (c) Contest Sponsor reserves the right at any time to: (i) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (ii) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Contest Sponsor’s sole discretion, a cash award; (d) winners are responsible for all taxes and fees associated with Prize receipt and/or use; and (e) all Prize details are at Contest Sponsor's sole discretion.
Disclaimer and Liability Exclusion
32. Contest Sponsor is not responsible for late, lost, incomplete, illegible or misdirected entries or for any failure of any website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software, failed network connections, failed, incomplete, garbled or delayed computer transmissions, online failures or communication failures other circumstances affecting, disrupting or corrupting the Contest in any manner, including without limitation, receipt of entries, entrants’ ability to participate in the Contest, prize notification or entrant response to the notification, for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any web site, or any combination of the foregoing. Further, the Contest Sponsor is not responsible for any damage to entrants’ or third parties’ computer occasioned by participation in the Contest or by downloading any information necessary to participate in the Contest.
33. By entering the Contest, entrants agree that the Released Parties shall not be liable for losses or injuries of any kind resulting from participation in the Contest or acceptance, possession or use of any Prize awarded and entrants agree to release, discharge and hold harmless the Released Parties from all claims or damages arising out of the entrant’s participation in the Contest or the acceptance or use of a Prize awarded therein.
34. The Contest Sponsor makes no warranty, guarantee or representation of any kind concerning the Prizes and disclaims any implied warranties.
35. The Contest Sponsor reserves the right to cancel, terminate, modify, amend or extend this Contest or modify the Official Rules and Regulations at any time without notice and shall have no liability to anyone, including entrants, for the cancellation or termination of the Contest.
37. The personal information provided by entrants to enter the Contest, including social medial handle information, will be (a) collected by or on behalf of the Contest Sponsor, (b) used only to administer the Contest, contact Selected Entrants, verify eligibility of the Selected Entrants, and (c) accessible only to those employees of the Contest Sponsor or a third party retained by the Contest Sponsor directly involved in the Contest and will not be disclosed or sold to any other third parties.
38. By entering this Contest, each entrant consents to the collection, use and disclosure of their personal information for the purposes and in the manner described herein.
40. By entering the Contest, you agree to be bound by these Official Rules and Regulations and all decisions of the Contest Sponsor, which are final and binding, without right of appeal.
41. The name of the Prize Winners 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.
42. 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.
43. 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 Contest Sponsor with proof that she or he is the authorized account holder of the email address associated with the winning entry.
CAUTION: Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest 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.