OSMOW’S INC. CONTEST RULES
OSMOW’S INC. CONTEST RULES
Contest Rules
THESE RULES ARE THE STANDARD TERMS AND CONDITIONS APPLICABLE TO THE INSTAGRAM CONTEST (“CONTEST”) ADMINISTERED BY OSMOW’S INC.. THE CONTEST IS INTENDED TO BE CONDUCTED IN CANADA EXCLUDING THE PROVINCE OF QUEBEC ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
- To be eligible to enter a Contest, an individual must:
- be a legal resident of, and the age of majority in, a Province or Territory of Canada other than the Province of Quebec.
- if applicable, be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and
- if applicable, have a valid email account and phone number at the time of entry.
Employees of Osmow’s Inc., its parent, affiliates, subsidiaries, related companies, successors and assigns (collectively “Osmow’s”), related advertising and promotional agencies and Contest prize providers (all such entities being individually and collectively referred to hereafter as the “Sponsors”), a person who has been confirmed as a winner of one (1) Osmow’s administered contest within one (1) month preceding the indicated Contest start date and/or a household member of any of the above are not eligible to enter or participate in the Contests unless otherwise specified by the Sponsors.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contests. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contests must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
- CONTEST PERIODS. Contest entry period (“Contest Period”) shall start and end on the date and time (EST) specified on the Contest Post after which time the Contest will be closed and no other entries shall be accepted.
- HOW TO ENTER.
- There is no purchase necessary to enter a Contest. To enter prior to the end of an applicable Contest Period, in accordance with the direction communicated on Facebook, Instagram, Twitter or Contest Website: (i) visit the Contest Website at www.osmows.com/contest-page and complete and submit the Contest entry form and acceptance of the Contest Rules; or (ii) send your hard copy of form to the Osmow’s Inc. head office at 407 Matheson Blvd E in Mississauga, Ontario, Canada and accept these Contest Rules. Entries must be received prior to the end of the applicable Contest Period to be eligible for entry.
- Limit of one (1) entry per person per Contest Period, unless otherwise indicated. In the case of multiple entries, only the first eligible entry will be considered and the remainder will be void.
- All entries, including, if applicable, any story and/or photograph submitted in connection with the Contest entry (the “Work”), become the sole property of the Sponsors and will not be returned for any reason.
- Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential Contest winner.
- Entries must be received prior to the indicated Contest Period entry deadline. Entries will be declared invalid if they are incomplete (for example, provide incorrect emails).
- Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address, Facebook, Instagram or Twitter account associated with the entry, as applicable. For the purposes of these Contest Rules, “authorized account holder” of an e-mail address, Facebook, Instagram or Twitter account is defined as the natural person who is assigned to an e-mail address, Facebook, Instagram or Twitter account by an Internet access provider, on-line service provider, Facebook, Instagram, Twitter or other organization responsible for assigning e-mail addresses, Facebook, Instagram or Twitter accounts for the domain or account associated with the submitted e-mail address, Facebook, Instagram or Twitter account. Each selected entrant may be required to provide Osmow’s with proof that the selected entrant is the authorized account holder of the e-mail address, Facebook, Instagram or Twitter account associated with the winning entry.
- Contest prize shall be announced and described on Facebook, Twitter, Instagram and/or the Contest Website at the beginning of the Contest Period. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value.
- Winners will be contacted by the Sponsors with instructions on how to claim the prize.
- Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a prize will be forfeited and have no cash value. The Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.
- The Sponsors shall not assume any liability for lost, damaged or misdirected prizes.
- In the case of gift cards or gift certificates, the terms by which the gift cards or gift certificates may be redeemed are governed by the applicable retailer or service provider. Osmow’s is not responsible for administering or ensuring compliance with the terms and conditions of the gift cards or gift certificates.
- PRIZE CONDITIONS.
- All incidental costs and expenses not specifically referred to herein as part of the prize description (the “Expenses”) are the sole responsibility of the prize winner and/or guest(s), where applicable. All prize elements are subject to availability and substitution. The winner shall not seek reimbursement for the Expenses from the Sponsors.
- WINNER SELECTION.
- Following the end of the applicable Contest Period, Osmow’s will select one (1) entrant (or more, if applicable, based on the number of prizes available to be won) within 3 days of end of Contest Period randomized draw from all eligible entries received during the Contest Period. Each entrant shall be eligible to win only one (1) prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received for the Contest. Any remaining entries will not be carried over for entry in the next Contest.
- Before being declared a winner, the selected entrant(s) shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with these Contest Rules and may be required to sign and return the Release (described below).
- If the selected entrant does not respond within two (2) hours of notification, he/she will be disqualified and will not receive a prize and another entrant may be selected (as determined by Osmow’s in its sole discretion) until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
- Winners (and if applicable, any guest of the winner) shall be required to execute a legal agreement and release (“Release”) that confirms his or her: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered (iii) release of the Sponsors, if applicable, Facebook, Instagram and Twitter, and each of their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) irrevocably grant to the Sponsors of the unrestricted right to produce, reproduce, convert, publish, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, and otherwise use or re-use his or her name, image, likeness, comments, voice and/or biography in any and all media now known or hereafter devised in connection with publicity related to the Contest, Sponsors, the Osmow’s brand or otherwise.
The executed Release(s) must be returned within two (2) business days of the date indicated on the accompanying letter of notification or verification as a winner, or the selected individual(s) will be disqualified and any rights he or she may have to the prize will be forfeited.
INDEMNIFICATION BY ENTRANT. By entering a Contest, each entrant releases and holds the Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrants or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation. You agree to release and hold harmless the Sponsors and their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Work.If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Osmows’s Inc. from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Osmow’s Inc. may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- LIMITATION OF LIABILITY. The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect, incomplete or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsors are not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Contest and/or the Contest Website.
- TERMS By participating in a Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest, the Contest Website, or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any the Sponsor’s property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. If applicable, winners (and guests, if applicable) must at all times behave appropriately when taking part in the prize and observe the Contest Rules and any other rules or regulations in force at any prize-related locations. The Sponsors reserve the right to remove from any prize-related locations, any winner and/or guest who breaks such rules and/or fails to behave appropriately and to disqualify such winner and/or guest.
- Osmow’s Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Osmow’s Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Osmow’s Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Osmow’s Inc.. Osmow’s Inc. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or Website or violates these Contest Rules.
- PRIVACY / USE OF PERSONAL INFORMATION.
- By participating in the Contest, each entrant: (i) grants to the Sponsors the right to use his/her personal information provided when he/she enters the Contest and the Work (collectively the “Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners and coordinating the provision of the Contest prize; (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest in any and all media without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of the Sponsors in connection with any of the activities listed in (i) and/or (ii) above.
- Osmow’s will use each entrant’s Personal Information only for identified purposes, and protect each entrant’s Personal Information in a manner that is consistent with the Osmow’s Privacy Policy at: https://osmow.com/privacy-policy/
- INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
- TERMINATION Osmow’s reserves the right, in their sole discretion, to terminate any Contest, in whole or in part, and/or modify, amend or suspend a Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
- These are the official Contest Rules. The Contests are subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors and/or the Contests. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contests shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sponsors reserve the right to correct clerical or typographical errors in Contest materials or these Contest Rules. Sponsors’ failure to insist upon or enforce strict performance of any provision of these Contest Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Contest Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
- SOCIAL MEDIA. This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized, including but not limited to Facebook and/or Instagram and/or Twitter. Any personal information provided in connection with the Contest is being provided to Osmow’s and not to Facebook and/or Instagram and/or Twitter. Any questions or comments regarding a Contest must be directed to Osmow’s and not to any of the social media platforms on which the Contest may have been advertised or administered.
CONTEST RULES
(the “Official Rules”)
OSMOW’S INC. FLIGHT GIVEAWAY
(the “Contest”)
These Official Rules govern the Contest. By participating or attempting to participate in the Contest, you will be deemed to have received, understood, and agreed to these Official Rules. The act of entering the Contest constitutes acceptance of the Official Rules and the decisions of the Sponsor, which decisions shall be final and binding on all entrants.
1. WHO IS THE SPONSOR AND PRIZE SUPPLIER?
The Contest is sponsored and administered by Osmow’s Inc.. Osmow’s Inc. is referred to collectively or individually as the “Sponsor”. The prize supplier is the Sponsor.
Although the Contest may be communicated, promoted, or administered by means of a third party social media or social networking service or site (a “Third Party Service”), the Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; any questions, comments or complaints regarding the Contest should be directed to Osmow’s Inc. and not to any Third Party Service.
2. WHO MAY ENTER THE CONTEST?
The Contest is open only to residents of Ontario who have reached the age of majority in their province or territory of residence as of the date of entry.
Notwithstanding the above, the following individuals are not eligible to enter the Contest:
a. employees, officers, directors, agents, and representatives of: (i) the Sponsor, or any of their respective parents, subsidiaries or affiliates; (ii) any prize suppliers; (iii) any and all other companies associated with the Contest;
b. a household member of any of the individuals listed in (a), above, whether or not related;
c. members of the immediate family (including spouse, biological, step or adoptive parent, child, sibling) of the individuals listed in (a), above.
3. WHEN DOES THE CONTEST START/END?
You may enter the Contest between 5:30 PM on May 6th, 2022 and 11:59 PM on May 13th, 2022(“Entry Period”). All times referenced in these Official Rules are Eastern Standard Time.
4. HOW DO I ENTER THE CONTEST?
No purchase is necessary to enter the Contest.
To enter the Contest: During the Entry Period
A – (i) go to Osmow’s Instagram page (@OSMOWS) or 6ixbuzz TV Instagram page (@6ixbuzztv) during the Entry Period; (ii) follow the @Osmows Instagram account; (iii) Comment on the post and tag a friend’s Instagram account in the comment; (iv) Share the Instagram post to your Instagram story and tag @Osmows on story; (v) Optional: Visit any Osmow’s Restaurant and take a selfie with any new logo design in the location. Limit of one entry per person.
OR
By Email: To enter without following Osmow’s and complying with A as set out above, read these rules and during the Entry Period, email contests@osmows.com with the subject line Osmow’s Vacation Contest”. Include your full name, a valid e-mail address, postal code and telephone number and answer the following question in 200 words: “Why are you entering Osmow’s Trip for 2 Contest?” Please note that each email entry must be accompanied by an answer to the foregoing question. Email entries must be received during the Contest Period. Proof of emailing is not proof of receipt.
5. HOW MANY TIMES MAY I ENTER THE CONTEST?
There is a limit of one entry per person. Individual may follow optional rule for five additional entries for a total of six entries in total. By way of illustration, if two or more otherwise eligible individuals share a single Instagram account, only one of them may enter the Contest; and, if an eligible individual has multiple Instagram accounts, he or she may only enter the Contest once in respect of only one of those accounts. Additionally, an individual may only enter the Contest by method A or B in section 4 above.
6. COULD MY ENTRY BE REFUSED OR REJECTED?
Your entry could be refused or rejected if:
a. you attempt to enter the Contest in a fashion not authorized by these Official Rules;
b. your entry contains false or misleading information, or is late, falsified, illegible, damaged or incomplete or otherwise irregular;
c. your entry is submitted using robotic, automated, programmed, other mechanically or electronically produced means or illicit means; or
d. your entry is not in compliance with these Official Rules.
In addition, the Sponsor reserve the right to refuse any entry for any other reason as they may determine.
7. WHAT ARE THE CONDITIONS OF ENTRY?
By entering the Contest:
a. you agree to be bound by these Official Rules and by the decisions of the Sponsor, which decisions are final, binding and conclusive;
b. you represent and warrant that (i) your entry, including any material comprising your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, video, written submission, or other form of submission, as applicable) (all such material, collectively, the “Entry Material”) is original to you, (ii) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties whose personal information is included in your Entry Material, and (iii) your Entry Material does not contain, depict, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by the Sponsor;
c. you understand and agree that your entry, including your Entry Material, will not be returned to you and may be moderated or edited by Sponsor as it deems appropriate;
d. you grant to the Sponsor the irrevocable right to use your Entry Material in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, or create derivative works from, your Entry Material without notification, compensation or additional consideration to you;
e. you waive all claims of moral rights in any use of your Entry Material by Sponsor pursuant to the rights granted in these Official Rules;
f. you agree that the Sponsor shall have the right at any time to require proof of identity or eligibility to enter the Contest; failure to provide any such proof upon request may result in disqualification;
g. you release and forever discharge the Sponsor, their parents, affiliates, and subsidiaries, any other companies associated with the Contest, and all of their respective directors, officers, employees, agents, representatives, licensees, successors and assigns, as well as any Third Party Services, (collectively, the “Releasees”), and agree to indemnify and hold harmless each of the Releasees, from and against any and all claims, damages, suits, actions, causes of action, expenses or liability, including but not limited to any costs or losses related to personal injury, death, damage to or loss or destruction of property, arising out of, or in any way related to, (i) your participation in the Contest, (ii) the awarding, receipt, acceptance, possession, use or misuse of any prize, in whole or in part, (iii) the use of any Entry Material or Publicity Material (defined below) in accordance with the rights granted in these Official Rules, (iv) participation in the Contest or any prize-related activities, or (v) any breach of these Official Rules or your violation of any third party right including without limitation any copyright, property or privacy right.
8. WHAT ARE THE CONTEST PRIZES?
There is one (1) prize available to be won in the Contest, as follows:
PRIZES
There is one (1) grand prize consisting of a Prepaid Visa Gift Card valued at CDN $1,500, and one Air Canada gift card valued at CDN $3,500. Prize will be mailed directly to winner pending approval by Contest Sponsor. Each gift card may be subject to additional terms and conditions as imposed by issuer (in this instance, Air Canada and VISA Sponsor does not take any responsibility or liability for winner’s use of the prize.
9. ARE THERE ANY PRIZE CONDITIONS?
In addition to any prize conditions provided elsewhere in these Official Rules, any prize awarded in the Contest is subject to the following conditions:
a. Prize value in these Official Rules is approximate only. You will not be compensated if actual prize value is lower than the value quoted in these Official Rules.
b. The prize may be substituted, in whole or in part, with a prize or prize component of equal value if the prize or prize component cannot be awarded for any reason.
c. The prize must be accepted as awarded and may not be transferred, unless otherwise determined by the Sponsor. The prize may not be exactly as advertised. The prize is provided “as is” without representation or warranty of any kind by the Sponsor.
d. The prize is not convertible to cash.
e. The prize may not be resold.
f. Any unused portion of the prize, once awarded, will be deemed forfeited. Safeguard your prize. The prize will not be replaced if lost, destroyed, mutilated, stolen, used incorrectly or without authorization.
g. The Sponsor may require winner to sign and return, within any designated time period, a release of liability and consent to publicity form and any other documentation as reasonably required, as a pre-condition to participation in the prize.
10. HOW WILL THE POTENTIAL WINNER(S) BE SELECTED?
On May 25th, 2022 at approximately 12:00 PM at 407 Matheson Road W., Mississauga, Ontario, Sponsor will conduct a random draw from among all eligible entries received. For each prize to be awarded pursuant to these Official Rules, one entrant will be randomly selected as a potential winner and notified using the information provided at the time of entry. Notification of winnings will be sent within five (5) business days by a representative of Sponsor. In the event any potential winner does not respond to such notification within five (5) business days or hours, declines a prize for any reason, incorrectly answers the skill-testing question or does not meet the requirements set forth in these Official Rules, as determined by the Sponsor, the potential winner will be disqualified, his or her entry will be declared null and void and, the Sponsor reserves the right in its sole and absolute discretion to select an alternate potential winner randomly from among remaining eligible entries, in which case these provisions shall apply to the other eligible entry or the prize may be cancelled.
11. HOW CAN A POTENTIAL WINNER BECOME A WINNER?
To be declared a winner, a potential winner:
a. must correctly answer, without assistance, or mechanical or electronic aid a time-limited, mathematical skill-testing question to be administered by the Sponsor;
b. must be in compliance with these Official Rules;
c. must sign and return, within any designated time period, a release of liability and consent to publicity form and any other documentation as reasonably required; and
d. may be required to provide proof of identification to confirm eligibility or to claim a prize, or provide proof that he or she is the authorized account holder of any account associated with the selected entry.
e must sign a declaration of eligibility and release form releasing the Sponsor, and each of their related parties from any and all liability in connection with the Contest and/or the Prize, confirming compliance with the Official Rules and consenting to the use of his or her name and photograph, in any and all forms of media, without further compensation, in any publicity carried out by the Sponsor and their advertising and promotional agencies. The signed form must be received by Sponsor prior to claiming the Prize and no later than May 30that 5:00 p.m. ET or the Prize will be forfeited and awarded to an alternate entrant.
f. must comply with all applicable laws, by-laws, regulations and any applicable facility or carrier rules; failure to comply may result in non-admission or expulsion from further participation in the prize.
If the potential winner is unable or unwilling to accept or otherwise redeem a prize on the terms it is awarded, the Prize shall be forfeited and no cash or substitutes will be provided in whole or in part.
12. WHAT ARE THE ODDS OF WINNING A PRIZE?
The odds of winning depend on the number of eligible entries received.
13. HOW DO I CLAIM A PRIZE?
Each potential winner will first be contacted by the Sponsor to confirm eligibility and to administer the skill-testing question and release form(s). Following a potential winner’s confirmation as a winner, winner will provide the Sponsor with winner’s contact particulars for prize redemption purposes.
The potential winner must return a signed release form by 5:00 p.m. ET on May 30th, 2022. The winner must claim their prize by providing a valid email whereby the Sponsor will electronically transfer the gift cards email. If the potential winner does not claim the Prize within 5 days, the Prize will be forfeited, and the potential winner will have no further claim to the Prize. The Sponsor will not mail or courier the Prize and is not responsible for lost, stolen or unclaimed prizes.
14. WILL I APPEAR IN ANY PUBLICITY IF I AM A WINNER?
If you are a winner, the Sponsor may require you to appear in publicity related to the Contest or to any similar contest.
By accepting a prize:
a. you grant to the Sponsor the irrevocable right to record, photograph or otherwise capture or document you, your likeness, your voice, or any statements you make regarding the Contest or the prize, by any available means;
b. you agree that any such captured material, together with your biographical information, such as name or place of residence, or your Entry Material (collectively, all such materials, the “Publicity Material”) may be used by the Sponsor or their licensees, successors, or assigns (collectively, the “Publicity Parties”) in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry Material;
c. you acknowledge that the Publicity Parties shall not be required to compensate you, notify you, or request your permission in connection with their use of any Publicity Material, unless otherwise prohibited by law; and
d. you waive any rights that you may have or that may otherwise exist in connection with any use of the Publicity Material by any of the Publicity Parties, including any moral rights in any such Publicity Material.
15. HOW WILL MY PERSONAL INFORMATION BE COLLECTED, USED AND DISCLOSED?
By entering the Contest, you consent to Sponsor’s collection, use and disclosure of your personal information including but not limited to your name and likeness in accordance with the Privacy Policy, available at https://osmows.com/privacy-policy(the “Osmow’s Privacy Policy”), for purposes of administering the Contest as described in these Official Rules including contacting, announcing and promoting the prize winner. Sponsor may transfer your personal information to third party service suppliers (including but not limited to prize suppliers) in order to perform services such as prize fulfilment and delivery.
Over the course of participating in the Contest, you may be given the option to receive commercial emails or other communications of a commercial nature (collectively, “Commercial Communications”) from the Sponsor or other parties. Should you elect to receive Commercial Communications from Osmow’s, your personal information will be used by the Sponsor to that end, in accordance with the Osmow’s Privacy Policy.
Your personal information may be disclosed to a third party in the following circumstances:
a. in accordance with these Official Rules, or with your consent, or as otherwise permitted or required by law.
b. if you are a potential prize winner, Sponsor. may disclose your personal information to any prize supplier for purposes of prize fulfillment; and
c. if you have been asked to sign and return a release of liability and consent to publicity form or other documentation in accordance with the terms of these Official Rules, Sponsor may disclose your personal information to any interested party, such as an entity who is released from liability.
Sponsor’s disclosure of your personal information to another party will cause your personal information to be subject to that party’s privacy policy and practices.
16. HOW DO THE RELEASEES LIMIT THEIR LIABILITY?
The Releasees assume no liability for the following:
a. stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, jumbled, or garbled entries, transmissions, email, mail, or other communications;
b. any error, omission, interruption, defect, inability or delay in transmission, processing, or communication;
c. failures or malfunctions of, or difficulties with, computer hardware or software, telephones, telephone lines, telephone systems, or network, cable, satellite, server, or website connections;
d. printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or in Contest-related materials;
e. incorrect or inaccurate information, including where caused by website users, tampering, hacking, or by any equipment or programming associated or used in connection with the Contest;
f. injury or damage to any computer or other device resulting from or otherwise related to participation in the Contest, the use of any website, or the downloading or accessing of any materials;
g. anyone being incorrectly or mistakenly identified as a winner or potential winner; or
h. any other errors, damage, injury or negligence that may arise in connection with this Contest including technical issues or failures on any website or software, viruses, website disruptions, malfunctions or website down-time, human error, personal injury or property damage incurred by any Contest entrant; or
i. any other damages, injury, errors or any problems or difficulties of any kind, whether human, mechanical, electronic, or otherwise, relating in any way to the Contest, including those errors, problems or difficulties that may relate to the administration of the Contest, the processing of entries, the advertising of the Contest, the announcement of any prize or prize winner, or the cancellation or postponement of any event; or
j. any errors or omissions in printing or advertising this Contest.
17. WHAT LAWS APPLY TO THE CONTEST?
The laws of the Province of Ontario and the laws of Canada applicable therein apply to the Contest.
Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal or civil laws. Should any such attempt be made, the Sponsor reserve the right to seek remedies and damages to the fullest extent permitted by law. Void where prohibited by law.
18. CAN THE SPONSOR CANCEL OR AMEND THE CONTEST?
The Sponsor may cancel, modify, or suspend the Contest or amend these Official Rules for any reason whatsoever, at any time without notice. For example, if for any reason the Contest is not capable of running as originally planned, the Sponsor may adjust any of the dates, timeframes or other Contest mechanics, or suspend or cancel the Contest.
You may not amend these Official Rules in any way.
19. WOULD THE SPONSOR EVER DISQUALIFY OR BAN SOMEONE FROM A CONTEST?
The Sponsor may in its sole and absolute discretion disqualify without notice or ban someone from the Contest or any future contest for any other reason, including if the Sponsor find that a person has:
a. resold or attempted to resell a prize, in whole or in part;
b. tampered with or attempted to tamper with, or undermined or attempted to undermine, the legitimate operation of the Contest;
c. provided false or misleading information ;
d. entered more times than permitted under these Official Rules;
e. acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any person; or
f. otherwise violated these Official Rules.
20. WHAT HAPPENS IF THESE OFFICIAL RULES CONTRADICT OTHER CONTEST MATERIALS?
In the event of any discrepancy or inconsistency between these Official Rules and disclosures or statements made by the Sponsor or appearing in other Contest-related materials, these Official Rules shall govern.
21. WHAT HAPPENS IF PART OF THESE OFFICIAL RULES BECOMES UNENFORCEABLE OR DOES NOT APPLY?
If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be legally binding.
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