#Yonge Love Instagram Contest Rules
THE #YONGELOVE INSTAGRAM CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY, EXCLUDING QUEBEC, AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible for this Contest, an entrant must:
(a) be a legal resident of Canada (excluding the province of Quebec);
(b) be of the age of majority in his/her province or territory of residence or older at the time of entry;
(c) have a valid Instagram account at the time of entry; and
(d) 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.
Employees of Downtown Yonge Business Improvement Area (the “Sponsor”), each of its respective affiliates, subsidiaries, related companies, advertising and promotional agencies of the Contest, and household members of any of the above (whether related to the employee or not), are not eligible to participate in the Contest.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. 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 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.
2. CONTEST PERIOD. Subject to the Contest Rules, the Contest begins on June 15, 2014 at 12:00AM, Eastern Time, and ends on December 31, 2014 at 11:59PM, Eastern Time (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.
3. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. Before entering the Contest, ensure the “Photos are Private” option in your Instagram settings is set to “OFF”. To enter the Contest, you must:
(i) take an original photo or video (the “Work”) and follow the online instructions to upload the Work to Instagram;
(iii) tag the Work with the hashtag: #yongelove.
No entries will be accepted by any other means. The Sponsor will not assume responsibility for lost entries, and proof of transmission will not be accepted as a proof of receipt.
(b) By participating in this Contest, the entrant represents and warrants that the Work:
(i) does not contain any material that is libelous, defamatory, profane, obscene or promotes racism, hatred or harm against any group or individual;
(ii) is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and
(iii) respectfully represents intellectual property or other statutory or common law rights of any third party including any trademarks, logos, or copyrighted materials.
(c) There is no limit to the number of entries per person as long as each entry is separate, unique, and is in compliance with these Contest Rules.
(d) By submitting a Work, the entrant grants permission for the Work to be posted on www.instagram.com/yonge_love, www.facebook.com/yongelove and www.yongelove.ca/contest or any other web page hosted at www.yongelove.ca (or by the Sponsor, its parent companies, subsidiaries, affiliates and/or related companies or each of their duly authorized representatives), and grants the Sponsor a worldwide, royalty-free, non-exclusive right and license to copy, distribute and display each entry and use each entry in any manner including promotional, advertising, marketing, publicity and commercial uses without any further notice or payment to entrant (except where prohibited by law).
(e) Entries received shall be deemed to be submitted by the person who is the Authorized Account Holder of the identified Instagram account. For the purpose of these Contest Rules, “Authorized Account Holder” of an Instagram account is defined as the natural person to whom the Instagram account is assigned by Instagram and/or an on-line service provider. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the Authorized Account Holder of the Instagram account associated with the winning entry.
(a) There is a total of three (3) prizes available to be won (each a “Prize” and collectively, the “Prizes”) as follows:
i. one (1) grand prize (the “Grand Prize”) consisting of a Canon Rebel T3i Digital SLR Camera;
ii. one (1) second prize (the “Second Prize”) consisting of a $300 Gift Card(s); and
iii. one (1) third prize (the “Third Prize”) consisting of a $150 Gift Card(s).
(b) The Grand Prize has an approximate retail value of $500 (CDN).
(c) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of Prizes will be forfeited and have no cash value. The Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if Prizes (or any portion thereof) cannot be awarded for any reason. Exact contents of the Prizes to be determined by Sponsor in its sole discretion.
(d) Prizes will be distributed within ten (10) business days after the winners have been successfully contacted and notified of their Prizes and fulfilled the requirements set out herein.
(e) Shipped Prizes shall not be insured and the Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
5. WINNER SELECTION.
(a) Subject to these Contest Rules, three (3) winners shall be selected. On or about January 3, 2014 in Toronto, Ontario, judges appointed by the Sponsor in its sole discretion will choose winning photo or video submissions, in their sole discretion, based on visual appeal, creativity, message and its relevance to and incorporation of the “Yonge Love” campaign theme. Social media engagement created by the submissions such as “likes”, “sharing” and comments will also be taken into consideration. Before being declared a winner, the selected entrant 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 sign and return the Release (described below).
(b) ENTRANTS SELECTED AS WINNERS WILL BE NOTIFIED BY THE SPONSOR VIA COMMENT ON THEIR WORK OR DIRECT MESSAGE WITH INSTRUCTIONS ON HOW TO CONTACT THE SPONSOR THROUGH E-MAIL BY January 15, 2014. SUCH SELECTED ENTRANTS MUST RESPOND WITHIN THREE (3) DAYS OF NOTIFICATION. Upon notification, the selected entrants must respond by e-mail to the contact address provided in the notification. If the selected entrant does not respond in accordance with these Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.
6. RELEASE. Winners will be required to execute a legal agreement and release (the “Release”) that confirms winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor, Instagram, and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies, and any judge or judges appointed by the Sponsor (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; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winner’s name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof, all without further compensation to the entrant. The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification of verification as a winner or the selected entrant will be disqualified and the Prize forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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 Contest-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. RIGHTS CLEARANCE. By providing the Work to the Sponsor in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsor, its parent companies, subsidiaries, affiliates and/or related companies, a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to the Sponsor that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsor reserves the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Sponsor in their sole discretion. All entries obtained through unauthorized sources or which are incomplete, illegible, mutilated, altered, reproduced, forged, offensive, irregular or fraudulent in any way or otherwise not in compliance with these Contest Rules are automatically void.
9. LIMITATION OF LIABILITY. The Sponsor assumes 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 Sponsor is not responsible for any incorrect 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 Sponsor assumes 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 Sponsor is 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 Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this 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 Sponsor assumes 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 Sponsor, 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 this Contest, and/or the Contest Website.
10. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at www.yongelove.ca (the “Contest Website”) and made available throughout the Contest Period. Entrants further agree to be bound by the decisions of the Sponsor, which shall be determined in the sole discretion of the Sponsor and shall be final and binding in all respects on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of any entries. The Sponsor reserves the right, in its 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, Instagram and/or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service associated with or required for the delivery of the Contest; 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 SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the Sponsor (and its parent companies, subsidiaries, affiliates and/or related companies) the right to use his/her name, likeness, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winner; (ii) grants to the Sponsor (and its parent companies, subsidiaries, affiliates and/or related companies) the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above. Any use of the entrant’s Personal Information as contemplated in this Section 11(a) shall be without compensation to the entrant, except where prohibited by law.
12. 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 Sponsor and/or its parent companies, subsidiaries, affiliates and/or related companies. 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.
13. TERMINATION. Sponsor reserves the right, in its sole discretion, to cancel, suspend, or terminate this Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without notice and without liability, including but not limited to as a result of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest, or for any other reason.
14. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice and without liability to the Sponsor in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. Notwithstanding anything to the contrary, 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 Sponsor in connection with the Contest 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.
15. LANGUAGE DISCREPANCY. Notwithstanding anything to the contrary, in the event of any discrepancy or inconsistency between the terms and conditions of these 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 these Contest Rules shall prevail, govern and control.
16. SOCIAL MEDIA PLATFORM. This Contest is in no way sponsored, administered, or endorsed by Instagram, LLC and/or any social media platforms on which the Contest may have been promoted and/or publicized. Automated Instagram posts sent via a bot will be disqualified. Automated and/or repetitive electronic submissions (including but not limited to entries made using any script, macro, bot or Contest service) will be automatically disqualified and transmissions from these or related Instagram accounts may be blocked. Participants acknowledge the non-responsibility of Instagram, LLC, its officers, directors, employees and agents with regards to all aspects of the Contest. Participants understand that all contest information is provided to the Sponsor and not to Instagram, LLC.