Contest Rules & Regulations
ENTRY TO THIS CONTEST IS OPEN TO RESIDENTS OF CANADA WHO ARE AT LEAST 18 (EIGHTEEN) YEARS OF AGE. ENTRY IS ONLINE ONLY AS DESCRIBED BELOW. INTERNET ACCESS & ANY VALID INSTAGRAM ACCOUNT (“SOCIAL MEDIA ACCOUNT”) IS REQUIRED TO ENTER. NO PURCHASE NECESSARY.
- ELIGIBILITY Contestant Eligibility Criteria Entry to this Contest (each entrant meeting the criteria below, a “Contestant”) is open only to residents of Canada who are at least 18 (eighteen) years of age (or have the consent of their parent or legal guardian), and excludes Purdys Chocolatier (“Purdys” or the “Contest Organizer”) and its affiliated companies, employees, representatives, dealers, contractors, agents, Contest suppliers, and each of their immediate family members (defined as parents, siblings, spouses and children, regardless of where they reside), and those with whom they are domiciled (whether related or not) (the “Contestant Eligibility Criteria”).
- CONTEST PERIOD The Contest begins on December 9, 2016 at 12:00:01 AM (PST) and ends on December 15, 2016 at 11:59:59 PM (PST) (the “Contest Period”*). * Purdys Chocolatier’s website administrator’s computer shall be the official time-keeping device for this Contest.
- HOW TO ENTER THE CONTEST
How to Enter:
Instagram: Like the post, follow Purdys on Instagram, and tag a friend in the comments to be entered to win a holiday prize pack.
In particular and without limitation, each Contestant
- confirms compliance with the Official Contest Rules,
- releases Purdys Chocolatier from any liability in connection with the Contest,
- assigns all intellectual property in, and indemnifies the Contest Organizer against any claims relating to, any entry or other materials submitted in connection with the Contest (including the Contest Entry and Contestant Profile), and
- agrees to the publication and use of the Contestant’s name, statements, likeness and other information and materials submitted in connection with the Contest, in any publicity carried out by the Contest Organizer.
If the Contest Organizer determines in its sole and absolute discretion that the Contest Entry or Contestant Profile contains any inappropriate language or images (e.g. profanity, racial slurs, nudity, etc.), the Contest Entry will be rejected at the moderation stage of the Contest and the Contestant entry or profile will not appear on any of the Contest Organizer’s social channels.
- CONTEST PRIZES Purdys Chocolatier reserves the right to substitute a prize of greater or equal approximate retail value (“ARV”) or of Canadian Dollars of the same ARV in the event of the unavailability, for whatever reason, of one or all of the listed prizes below.
The Prizes that shall be awarded are as follows: 10 individual prizes of a holiday prize pack valued at $50 CAD value worth of Purdys chocolates. The Prizes must be accepted as awarded and may not be substituted, transferred or exchanged. Each of the Prizes may be referred to in the present Official Contest Rules as a “Prize”.
- SELECTION AND NOTIFICATION OF WINNERS There will be a total of ten (10) winners who will be selected by an employee or representative of Purdys Chocolatier by a random draw from all valid Entries received during the Contest Period, conducted on or around December 16 at 5:00 PM (PST) (the “Draw”), at the offices of the Contest Organizer. The winners shall each receive one Prize as described in the previous section. For the purposes of the Draw, all entries shall be considered equal. No winner shall be granted more than one Prize. The chances of being selected as one of the winners depends on the total number of eligible Entries received. The winner will be notified via Instagram after 5:00 PM (ET) on the day of the Draw. Before claiming the Prize, the winners must have complied with the Official Contest Rules, successfully complete the contest declaration and release form provided by the Contest Organizer and must correctly answer a mathematical skill-testing question. The skill-testing question will be administered via the declaration and release form. The winner will have their Prize delivered via mail at the address provided by the winner to Purdys Chocolatier in the winner’s declaration and release form. If the selected winners have not complied with the Official Contest Rules according to Purdys Chocolatier, have not returned their completed declaration and release form and/or do not successfully complete the mathematical skill-testing question, in each case within 72 (seventy-two) hours of being contacted; the selected entry will be forfeited and another random draw will take place, following which the prizes will be awarded as described above. It is the responsibility of the Contestant to check their email and social media accounts and Purdys Chocolatier accepts no responsibility for the failure of any communication method or the security of the internet of any winner’s email or social media account. This process of choosing an alternative winning entry will occur a maximum of two (2) times, after which the prize will not be awarded.
- PRIVACY/ PERSONAL INFORMATION / GENERAL TERMS
- All Entries and other material submitted in connection with this Contest (including without limitation any Contest Entry or, Contestant Profile) become the property of Purdys Chocolatier. By submitting an Entry, the Contestant grants to Purdys Chocolatier an irrevocable, non-exclusive, royalty-free, worldwide license in perpetuity to reproduce, broadcast, communicate, distribute, adapt, modify, create derivative works from, and otherwise use all or any part of the Entry in any media throughout the world, and waives all moral rights in and to the Entry and its accompanying images without further compensation to the Contestant. By accepting a Prize, recipients consent to the use of their Entries, name, video, depictions of their place of residence and any images submitted as a part of this Contest, voice, statements, images or other likenesses by Purdys Chocolatier for publicity, advertising or informational purposes in any medium or format without further compensation or notice. Contestants agree to indemnify and hold harmless Purdys Chocolatier from and against any claim or action brought by a person whose consent was not obtained by the Contestant or by any person claiming that (i) its intellectual property rights, including without limitation, copyright, moral right (including rights of integrity, attribution and anonymity), trademark rights, or (ii) its personality or privacy rights, are infringed by Purdys Chocolatier use or reproduction of a submitted images and/or Entry.
- All Entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of these Official Contest Rules may be disqualified by Purdys Chocolatier in its sole discretion. Purdys Chocolatier takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed Entries, or for typographical or other errors.
- By entering this Contest, Contestants release and hold harmless each of Purdys Chocolatier, their advertising and promotional agencies, Instagram, and the Contest Judges, and their affiliates and directors, officers, owners, partners, employees, contractors, agents, dealers, representatives, successors and assigns against, any liability for any injuries, losses or damages of any kind (including direct, indirect, incidental, consequential or punitive damages) to persons or property so far as permitted by law resulting from: a) any Prize, including the acceptance, participation in, misuse or use of any Prize; b) entry in or participation in this Contest, including access to and use of the Website, or c) any claims based on personality or privacy rights, defamation or merchandise delivery. Each Prize winner shall be required to sign a form of declaration, waiver, release, and publicity consent which, among other things, confirms compliance with the Official Contest Rules and releases Purdys Chocolatier from any liability associated with use of the Prize.
- Each Contestant agrees not to defame or disparage Purdys Chocolatier, its business, services or employees, whether by way or statement, act or omission, in any media throughout the world (including social media).
- Purdys Chocolatier assumes no responsibility for failure of the Internet or the Website during the Contest Period, for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in the Contest. Purdys Chocolatier reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the "Régie"), to cancel, terminate, modify or suspend the Contest, in whole or in part, and may select an entrant from among all eligible Entries received prior to the cancellation, should a virus, bug or any other cause beyond their reasonable control corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website (whether owned by Purdys Chocolatier or any third party) associated with this Contest or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, Purdys Chocolatier reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
- If the identity of a Contestant is disputed, the authorized account holder of the social media account submitted at the time of entry or voting will be deemed to be the Contestant as the case may be. The individual assigned to the social media account related to the account’s e-mail address is considered the authorized account holder. A selected Contestant may be required to provide proof that he/she is the authorized social media account holder associated with the selected Entry. All entries and votes must be submitted from a valid Instagram account. The sole determinant of time for the purposes of receipt of a valid Entry in this Contest will be Purdys Chocolatier.
- Any failure by Purdys Chocolatier to enforce any provision of these Official Contest Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Contest Rules is determined to be invalid or otherwise unenforceable, then the Official Contest Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
- In the event a Contestant wins a Prize, and is later found to be in violation of these Official Contest Rules, he/she will be required to forfeit the Prize and/or to reimburse Purdys Chocolatier for the stated value of the Prize if such violation is discovered after the recipient has used the Prize.
- Purdys Chocolatier reserves the right to correct any typographical, printing, computer programming or operator errors.
- This Contest is subject to all applicable federal, provincial and municipal laws and regulations.
- By entering or participating in this Contest, Contestants represent and warrant that they have read, understood and agree to be bound by these Official Contest Rules.
- Instagram is unaffiliated with Purdys Chocolatier, and the Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.