Mark’s – Mark’s Instagram 501 Day Contest
Rules and Regulations
NO PURCHASE NECESSARY
The Contest is sponsored by Mark’s Work Wearhouse Ltd. ("Mark's") and Levi Strauss & Co. ("Contest Sponsors" or "Sponsors").
CONTEST PERIOD: Contest opens on April 23, 2018 at 10:00:00 AM MST and closes on May 4, 2018 at 2:00:00 PM MST (the “Contest Period”).
Who Can Enter
1. The Contest is open to all legal residents of Canada who are 21 years of age or older at the time of entry and have a registered and public Instagram profile 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 Sponsors, or (ii) 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. The Grand Prize Winner and his or her guest must have, on or before the Contest close date – May 4, 2018, appropriate travel documentation, including a valid Canadian Passport or Permanent Resident Card, sufficient to allow them to travel to the United States for the purpose of claiming the Grand Prize.
How to Enter
2. During the Contest Period, to receive one (1) entry into the Contest: (i) follow the Mark’s (@markscanada) or L’Équipeur (@lequipeur_officiel) Instagram accounts; (ii) “Like” the @markscanada or @lequipeur_officiel Instagram post that describes the 501 Day Contest (“Contest Post”); and (iii) tag at least one friend in the comments section of the Contest Post. All steps must be completed to constitute a valid entry and you only need to complete the steps on either the @markscanada or @lequipeur_officiel Instagram pages, not both.
3. Limit of one (1) entry per person during the Contest Period.
4. For greater certainty and the avoidance of any doubt, you can only use one (1) Instagram account to enter the Contest. If it is discovered by the Contest Sponsors (using any evidence or other information made available to or otherwise discovered by the Contest Sponsors) that any person has attempted to: (i) obtain more than one (1) entry per person during the Contest Period; and/or (ii) use multiple names, identities, Instagram 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 Sponsors.
5. To participate in the Contest, you must have an Instagram account and your account must be set to "public". If you do not have an account, visit www.instagram.com and create an account in accordance with the instructions. There are no fees associated with the creation of an Instagram account.
6. Entries that do not contain a valid email address will be void. Entries that contain false, misleading or inappropriate information may be disqualified at the sole discretion of the Contest Sponsors. Entries must be received within the Contest Period. Entries received after the Contest Period closes will not be accepted.
7. By entering the Contest, you agree to be bound by these Official Rules and Regulations and all decisions of the Contest Sponsors, which are final and binding, without right of appeal.
8. All entries become the property of the Contest Sponsors and will not be returned or acknowledged.
9. The Contest Sponsors 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 Sponsors shall not be responsible for Contest entries that are incomplete, illegible, incorrect, lost, misdirected or delayed.
10. There is one (1) Grand Prize (“Grand Prize”) and five (5) Secondary Prizes (each a “Secondary Prize”) available to be won.
11. One (1) winner will be chosen and awarded one (1) Grand Prize comprised of a trip for two (2) to Los Angeles, California. Trip must take place between May 15, 2018 and May 18, 2018 (or on such other dates as may be specified by the Sponsors in their sole and absolute discretion) and includes: (i) transportation (economy class) for the confirmed winner and one (1) travel companion who is twenty-one (21) years of age or older (the “Guest”) to Los Angeles, California from a Canadian location near the confirmed winner's residence (as determined by Sponsors in their sole and absolute discretion); (ii) accommodation for two (2) (double occupancy) for three (3) nights in a hotel or hotels determined by Sponsor in its sole and absolute discretion; and (iii) VIP Access for the winner and his/her Guest to the Invite Only 501® Day Celebration (the “Event”) at the Palladium in Los Angeles that is currently scheduled to take place on Wednesday May 16, 2018. The total approximate retail value of the Prize is $3500.00 CAD based on a St. John’s, Newfoundland and Labrador departure example – 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 and all other aspects of each Prize are at the sole and absolute discretion of the Sponsor.
Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) all travel related to the Grand Prize must occur within the dates specified by the Contest Sponsor (otherwise the 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); (ii) the confirmed winner and his/her Guest must: (a) travel on same itinerary; and (b) have all necessary documentation to permit international travel to the United States of America and re-entry into Canada; (iii) the costs of everything not specifically and expressly stated above 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 Sponsors; 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); (iv) 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 Sponsors, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) all arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; (vi) 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: (a) be twenty-one (21) years of age or older; and (b) sign and return the 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 Prize (including, without limitation, any travel related thereto).
It is strongly recommended and encouraged that the confirmed Grand Prize winner and his/her 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 – including, but not limited to any element(s) associated with the Event. 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 Sponsors will not replace any lost or stolen tickets. Changes to transportation and/or passenger names are not accepted once bookings have been confirmed
12. Five (5) winners will be chosen and awarded one (1) Secondary Prize each. Each Secondary Prize is comprised of (1) pair of Levi’s jeans. Selection and style availability may vary. Approximate Retail Value (“ARV”) of each Secondary Prize: $69.95 - $128.00 CAD (ARV depends on style of jeans selected by the winner).
13. Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize and Secondary Prizes (collectively, “Prizes” and each a “Prize”): (i) 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); (ii) no substitutions are permitted, except at Contest Sponsor’s option; (iii) Contest Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) 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; (iv) winners are responsible for all taxes and fees associated with Prize receipt and/or use; and (v) all Prize details are at Contest Sponsors’ sole discretion.
How to Win
14. Odds of winning a Prize depend on the number of eligible entries received during the Contest Period. Limit: One (1) Prize per person.
15. On or about Friday May 4 at 3:00 PM MST, at the conclusion of the Contest Period, one (1) entry will be selected by random draw from all eligible entries received during the Contest Period (“Grand Prize Selected Entrant”). The Grand Prize Selected Entrant will be eligible to win the Grand Prize.
16. The Contest Sponsor will verify the Grand Prize Selected Entrant’s eligibility and the Grand Prize Selected Entrant will be notified in accordance with paragraph 20. If the 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 15 is repeated.
17. In order to be declared the winner of the Grand Prize, the Grand Prize Selected Entrant must have, on or before May 4, 2018, appropriate travel documentation, such as a valid Canadian Passport or Permanent Resident Card, sufficient to allow travel to and from the United States for the purpose of claiming the Grand Prize. Failure to provide Contest Sponsors with proof of appropriate travel documentation will result in forfeiture of the Grand Prize, at the sole discretion of the Contest Sponsors. If the Grand Prize is forfeited in this circumstance and the Grand Prize Selected Entrant meets all other Contest eligibility requirements, the entrant will be put back in the pool of eligible entries for a Secondary Prize.
18. Once a winner of the Grand Prize has been declared, the Contest Sponsor will select five (5) entries by random draw from all remaining eligible entries received during the Contest Period (the “Secondary Prize Selected Entrants”). The Secondary Prize Selected Entrants will be eligible to win a Secondary Prize.
19. The Contest Sponsor will verify the Secondary Prize Selected Entrants’ eligibility and the Secondary Prize Selected Entrants will be notified in accordance with paragraph 20. If a 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.
20. The Grand Prize Selected Entrant and Secondary Prize Selected Entrants (collectively, the “Selected Entrants”) will each be contacted by the Contest Sponsors on Instagram via private message and notified that they are a Selected Entrant to win a Prize. The Selected Entrant will be asked to provide the Contest Sponsors their email address to continue communications (the “Notification”).
21. If the Selected Entrant does not respond to the Notification within six (6) hours thereof, that Selected Entrant will be automatically disqualified and an alternate Selected Entrant will be selected and contacted in accordance with paragraph 15 or 18, as applicable.
22. Any Notification made by email that is returned as undeliverable may result in disqualification at the sole discretion of the Contest Sponsors.
23. To be declared a Prize winner (“Prize Winner”) and recipient of a Prize (as defined below) the Selected Entrant must:
(i) sign a declaration confirming compliance with these Official Rules and Regulations and acceptance of the Prize as awarded;
(ii) sign and return, within the time stipulated, a waiver and release of the Contest Sponsors and each of their 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
(iii) correctly answer, unaided, a time-limited skill testing mathematical question to be administered by Contest Sponsors.
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 Sponsors 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.
Disclaimer and Liability Exclusion
26. Contest Sponsors are not responsible for late, lost, incomplete, illegible or misdirected entries or for any failure of any web site 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 Sponsors are 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.
27. 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.
28. The Contest Sponsors make no warranty, guarantee or representation of any kind concerning the Prizes and disclaims any implied warranties.
29. The Contest Sponsors reserve 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.
31. The personal information provided by entrants to enter the Contest will be (a) collected by or on behalf of the Contest Sponsors, (b) used only to administer the Contest, contact Selected Entrants, verify eligibility of the Selected Entrants, and for no other reason, and (c) accessible only to those employees of the Contest Sponsors or a third party retained by the Contest Sponsors directly involved in the Contest and will not be disclosed or sold to any other third parties.
32. 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.
34. All decisions of the Contest Sponsors are final and binding on all entrants without right of appeal.
35. The name of the Prize Winner will be available and may be obtained by e-mail sent to email@example.com within 120 days after the close of the Contest Period.
36. This Contest is subject to all applicable laws and shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Official Rules and/or any instructions or interpretations of these Official Rules given by any representative of the Contest Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
37. 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.
38. 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 Sponsors with proof that she or he is the authorized account holder of the email address associated with the winning entry.
39. Any litigation involving an entrant residing in Quebec relating to the conduct or organization of the Contest may be submitted to the Régie for a ruling. Any litigation relating to the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
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 Contest Sponsors reserve the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.