Mark’s – Mark’s CFL Week – Photoframe contest
Official Rules and Regulations
NO PURCHASE NECESSARY
The Contest is sponsored and administered by Mark’s Work Wearhouse Ltd. (the "Contest Sponsor").
CONTEST PERIOD: Contest opens on Wednesday March 21, 2018 at 8:00 AM MST and closes on Sunday March 25, 2018 at 6:00PM MST (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, visit any Mark's store location in Winnipeg, Manitoba and take a photo of yourself or any combination of individuals in the Mark’s CFL Week picture frame. Post your Mark's CFL Week picture frame photo using the hashtag #MARKSCFLWEEK on either Facebook, Instagram or Twitter to receive one (1) entry into the Contest. Each photo submitted must comply with the Photo Requirements listed below (Section 10).
2. Limit of one (1) entry per person during the Contest Period.
3. For greater certainty and the avoidance of any doubt, you can only use one (1) social media account (Facebook, Instagram or Twitter) to enter the Contest. 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 one (1) entry per person 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, 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.instagram.com or www.twitter.com, as applicable, and create an account in accordance with the instructions. There are no fees associated with the creation of a Facebook, Instagram or Twitter account.
5. Entries submitted to Facebook, Instagram or Twitter by an entrant whose account is not set to "public" will be void. Entries that do not contain a valid Facebook, Instagram or Twitter handle will be void.
6. All entries must be shared via entrant's personal social media profile with the hashtag #MARKSCFLWEEK.
7. 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.
8. 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.
9. All entries become the property of the Contest Sponsor and will not be returned or acknowledged.
10. 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.
11. Each Contest entrant hereby warrants and represents that his/her entry (photo) 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.
12. 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.
13. By entering the Contest and submitting an entry, each entrant:
a. acknowledges that the photo entry will immediately appear on 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.
14. One (1) winner will be chosen and awarded one (1) $200 Mark’s Gift Card (the "Prize"). The approximate total retail value of the Prize is two hundred dollars ($200.00 CAD).
Each Prize must be accepted as is and cannot be redeemed for cash. Regardless of the number of individuals that appear in the entry photograph, only the person who submitted the entry via their personal account may be deemed a Prize Winner (as defined below) and receive a Prize.
Each Prize is non-transferable and no substitution will be made unless the Contest Sponsor, in its sole discretion, determines otherwise. The Contest Sponsors reserve the right to substitute the Prize, or a portion thereof, for one of equal or greater value should it become unavailable for any reason. The Winner is responsible for all taxes and fees associated with Prize receipt and/or use. All Prize details are at Contest Sponsor's sole discretion.
Odds of winning the Prize depend on the number of eligible entries received during the Contest Period.
Limit: One (1) Prize per person; one (1) entry per person.
How to Win
15. On or about Monday March 26 , 2018 at 4:00PM MST, one potential winner (a “Selected Entrant”) will be selected by the Contest Sponsor by random draw from all eligible entries received during the Contest Period.
16. The Contest Sponsor will verify the Selected Entrant’s eligibility and the Selected Entrant will be notified. If the Selected Entrant does not meet all eligibility requirements for the Contest, his/her entry is void or becomes disqualified, and an alternate Selected Entrant will be drawn from all remaining Contest entries.
17. The Selected Entrant will be contacted by the Contest Sponsor by direct message on the same social media platform of entry using the user name provided on the Contest Entry, and notified that they are a Selected Entrant to win a Prize (the "Notification"). The Selected Entrant will be asked to provide a valid email address.
18. If the Selected Entrant does not respond to the Notification within six (6) hours thereof, or the email address provided by the Selected Entrant in response to the Notification is invalid or results in an email that is returned as undelivered, that Selected Entrant will be automatically disqualified at the sole discretion of the Contest Sponsor, and an alternate Selected Entrant will be selected and contacted in accordance with paragraphs 14-16.
19. To be declared a Prize winner and recipient of a Prize ("Prize Winner") the Selected Entrant must first:
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 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
c. correctly answer, unaided, a time-limited skill testing mathematical question to be administered by Contest Sponsor.
20. Selected Entrants may also be required to submit valid proof of identity.
21. 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.
Disclaimer and Liability Exclusion
22. 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.
23. 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.
24. The Contest Sponsor makes no warranty, guarantee or representation of any kind concerning the Prize and disclaims any implied warranties.
25. 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.
27. 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.
28. 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.
30. All decisions of the Contest Sponsor are final and binding on all entrants without right of appeal.
31. 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.
32. 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.
33. 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 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.