BERNINA Canada 125th Anniversary July Contest Rules
THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA AND IS GOVERNED BY CANADIAN LAW
These rules govern the “BERNINA Canada 125th Anniversary July” Contest (the “Contest”). The Contest is intended to be conducted in Canada only and shall be construed and evaluated according to applicable Canadian law. No purchase is necessary to enter the Contest. The Contest is void in whole or part where prohibited by law. The act of entering the Contest constitutes acceptance of these Contest Rules and the decisions of the Contest judges, which decisions shall be final and binding upon all entrants.
The Contest Sponsor is BERNINA of Canada, 108-620 Alden Road, Markham, Ontario, L3R 9R7, Canada (the “Sponsor”).
To be eligible for this Contest, an individual must:
(a) be a legal Canadian resident (excluding Quebec)
(b) have reached 18 years of age at the time of entry
(c) Employees of the Sponsor or their corporate affiliates, advertising or promotional agencies, and the immediate family members or household members of any of the above, are not eligible to participate in the Contest
The Sponsor shall have the right at any time to require proof of age, identity and/or eligibility to participate in the Contest. Failure to provide such proof or insufficient proof may result in disqualification from the Contest in the Sponsor’s sole discretion. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading.
The Sponsor reserves the right, in its sole discretion, to disqualify any entrant from the Contest should such an entrant at any stage supply unsatisfactory, untruthful, incomplete, inaccurate or misleading personal details and/or information.
4. Contest Period:
The Contest begins at 9:00:00 a.m. EST on July 1, 2018 and ends at 11:59:59 p.m. EST on July 31, 2018 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.
5. How to Enter the Contest:
There is no purchase necessary to enter the Contest. Entrants must have a valid Facebook account to participate. To enter the contest, login to your Facebook account, and visit www.facebook.com/berninacanada (the “Fanpage”). Next, locate the Contest Post (the “Contest Post”) that has been posted on the Fanpage by or on behalf of the Sponsor. After locating the Contest Post, provide a reply to the Contest Post on the Fanpage asking “How will you inspire the next generation of sewists?” When all required steps of the entry process are complete, you will earn one (1) Entry in the Contest (the “Entry”).
Entries which are incomplete, illegible, or fraudulent are null and void. Sponsor is not responsible for incomplete, incorrect, or inaccurate capture of entry information. By entering the Contest, you grant Sponsor the non-exclusive right to publish, use, distribute, reproduce and publicly display your text, and to create derivative works from your text, in perpetuity, in any of its online, print or other media publications, channels, materials or exhibitions for purposes of promoting the Content and/or Sponsor’s mission and awareness of its programs, including but not limited to editorial, advertising, and publicity purposes, without payment of compensation unless prohibited by law. You grant Sponsor the right, but not the obligation, to provide your name, and your city and province of residence, when publishing, reproducing or otherwise using your text and when identifying you as an entrant or prize winner in the Contest. Subject to the rights granted to Sponsor, you retain all other copyrights and rights to future use of the text you enter into the Contest.
**One (1) eligible Entry per email address will also be entered into the BERNINA Canada 125th Anniversary Golden Grand Prize contest. The BERNINA Canada 125th Anniversary Golden Grand Prize Contest Rules can be found here.
Grand Prize: One (1) Grand Prize is available to be won. Grand Prize is one (1) $250 berninaonline.ca e-Gift Certificate.
The ARV of the Grand Prize is: $250.00 CAD.
First Prizes: Two (2) First Prizes are available to be won. First Prize is one (1) Golden Foot #1, one (1) Golden Anniversary Tin, and one (1) Mettler metallic gold thread.
The ARV of the First Prize is $149.00 CAD. The ARV of all First Prizes is $298.00 CAD.
The total ARV of all prizes available to be won is $548.00 CAD.
Odds of winning will depend upon the total number of eligible Entries received. All applicable taxes and duties on the prize are the sole responsibility of the winner. By accepting the prize, the prize winner agrees to release the Sponsor from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by the prize or resulting from acceptance, possession, or use/misuse of prize awarded. The prize is not exchangeable or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value.
7. Winner Selection and Notification:
a) First Prizes:
Two (2) potential First Prize winners will be selected from among all eligible Entries received between 12:01:01 AM EST on July 1, 2018 and 11:59:59 PM EST on July 31, 2018 in a private judging to be held on or about August 2, 2018, which will take place at the offices of an independent agent of the Sponsor, whose decisions are final.
b) Grand Prize:
One (1) potential Grand Prize winner will be selected from among all eligible Entries received between 12:01:01 AM EST on July 1, 2018 and 11:59:59 PM EST on July 31, 2018 in a private judging to be held on or about August 2, 2018, which will take place at the offices of an independent agent of the Sponsor, whose decisions are final.
The potential Prize winners will be notified by a designated representative of the Sponsor by email. The designated representative will make a minimum of two (2) attempts to contact each potential Prize Winner within three (3) business days of the Drawing Date.
If a potential Prize winner cannot be contacted within three (3) business days of the Drawing Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit any all rights to the applicable prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate eligible entrant for the applicable prize in a separate random drawing from the remaining eligible Entries submitted and received in accordance with these Official Rules.
No one is a winner unless and until the Sponsor officially confirms him/her as a winner in accordance with these Official Rules.
Before being declared a Confirmed Prize Winner, the potential winners will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility & Liability / Publicity Release (the “Release”) releasing the Sponsor, its advertising and promotional agencies, the affiliates and related entities of the foregoing and all respective directors, officers, partners, employees, agents, representatives, successors and assignees from any liability in connection with this Contest or the Prize awarded as a condition to and in advance of receiving the Prize, or the prize will be forfeited. The potential Winner will also be required to correctly answer, without assistance of any kind whatsoever, a mathematical skill-testing question as a condition to and in advance of receiving the Prize, or the prize will be forfeited. The signed form must be received by the Sponsor within five (5) business days of notification or the Prize may be forfeited and awarded to an alternate entrant. The prize package will be awarded within approximately 30 days after the winner is verified.
The prizes are not assignable, nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of the prize and no exchange or substitution of the prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Except where prohibited by law, entry and acceptance of a prize constitutes permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Entrants agree to these Official Rules and the decisions of the Sponsor and release the Sponsor, its parent companies and their respective subsidiaries, affiliates, and advertising and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void.
The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Contest termination.
Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Province of Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.