NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The National Pet Day Photo contest (the "Contest") begins on April 9th, 2019 at 9 a.m. local time and ends on April 11, 2019 at 11 p.m. local time (the “Contest Period”).
The Contest is run by Red Apple Stores Inc (the “Sponsor”). For the purposes of the Contest, the “Contest Group” is composed of the Sponsor, together with its affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of materials and services related to the Contest, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the organization or administration of the Contest and their respective officers, directors, employees, agents, and other representatives.
The Contest is open to residents of Canada (excluding residents of Quebec) who have reached the age of majority in their province/territory of residence. Employees of Red Apple (the sponsor) and its affiliated companies and members of their immediate families are not eligible. The Contest is subject to all municipal, provincial and federal laws and regulations (collectively "Laws"). By entering this Contest, all entrants agree to comply with and be bound by these Contest Official Rules, and to comply with all Laws. By entering the Contest, entrant confirms having read the Official Rules and consenting to these terms and conditions.
HOW TO ENTER
NO PURCHASE NECESSARY. You may only use your one (1) personal Facebook account (each, an “Account”) to enter the Contest. Online entry through Facebook only; no other means of submission will be accepted.
To enter the Contest, visit facebook.com/redapplestores or facebook.com/TheBargainShopStore and post a photo or video of your pet (each, a “Entry”) on the comment section of National Pet Day Contest post. In order to be eligible, your Photo and post must comply with the Submission Guidelines (defined below). In order to be eligible, your Entry must be submitted and received in accordance with these Official Contest Rules (the “Rules”) during the Contest Period (as determined by the Sponsor in its sole and absolute discretion).
Limit: Multiple entries per person/Account are acceptable. Use of automated devices to enter is prohibited; automated Entries (including but not limited to Entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification (as determined by the Sponsor in its sole and absolute discretion). All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).
All Photos must comply with the following submissions guidelines (the “Submissions Guidelines”):
a. The Photo must not defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with the Sponsor, as determined by Sponsor in its sole and absolute discretion.
b. The Photo must be suitable for family audiences, as determined by Sponsor in its sole discretion.
c. The Photo must not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by Sponsor in its sole discretion.
d. The Photo must not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.
By submitting an Entry, you warrant and represent that: (i) your Photo is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright; (ii) your Photo has not been previously published; (iii) your Photo does not infringe upon the rights (including without limitation intellectual property rights), or defame or invade the publicity or privacy rights, of any third party, living or deceased; (iv) all individuals appearing in your Photo have granted to you an irrevocable, royalty-free, worldwide license in perpetuity to publish or otherwise use their likeness in your Photo in any manner and media whether now known or hereafter devised including, without limitation, on the Sponsor’s Facebook Page; and, (v) that your Photo complies with the Submissions Guidelines. You agree to indemnify and hold harmless the Contest Group from any claims to the contrary.
By submitting an Entry, you agree as follows: (i) you acknowledge that your Photo may be posted by Sponsor on its Facebook Page and other social media accounts or used in Sponsor’s promotional e-mails or in Sponsor’s website in Sponsor's sole and absolute discretion but without obligation; (ii) you have the right and authority to, and do hereby, grant to Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use without limitation all or any part of your Entry (including without limitation your Photo) in any type of media (including without limitation on its Facebook Page, other social media accounts, in Sponsor’s website and in Sponsor’s promotional e-mails); (iii) you waive any and all moral rights that you may have in and to your Entry (including without limitation your Photo) in favour of the Contest Group with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless the Contest Group 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 relates in any way to Sponsor’s use of your Entry (including without limitation your Photo).
There are two (2) prizes (each, a “Grand Prize”), one for facebook.com/redapplestores page and one for facebook.com/TheBargainShopStore page
1) Grand Prizes: Each Grand Prize consists of one (1) $50 CAD Gift Card. Each Gift Card is subject to the terms and conditions of the issuer.
Collectively, the Grand Prizes will be referred to as the “Prizes”.The Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Any and all taxes and costs associated with the receipt and use of a Prize are the responsibility of the applicable winner. All characteristics and features, except as explicitly stated above, will be determined by the Sponsor in its sole and absolute discretion.
GRAND PRIZE WINNERS SELECTION
On Monday April 12nd, 2019 (the “Grand Prize Draw Date”) at approximately 12pm ET in Mississauga, Ontario, the Sponsor will randomly select two (ten) potential Grand Prize winners from among all Entries received during the Contest Period. Odds of winning a Grand Prize depend on the total number of Entries received.
POTENTIAL WINNER NOTIFICATION/CONFIRMATION
Each potential Prize winner will be notified by Facebook comment. Red Apple will make 3 attempts to contact each potential Prize winner within fourteen (14) days of the applicable Draw Date. Each potential Prize winner will be given instructions on how to claim the applicable Prize and will be required to correctly answer a math skill-testing question without aid in order to be eligible to claim the applicable Prize. Each potential Prize winner is solely responsible for ensuring his/her Account settings are set to be able to receive such notification messages, monitoring his/her Account for such notification messages and following all instructions contained in such notification messages, failing which, he/she may be disqualified (as determined by the Sponsor at its sole discretion). Within fourteen (14) days after the applicable Draw Date, if Red Apple is unsuccessful in getting a response from a potential Prize winner or if a potential Prize winner does not otherwise comply with these Rules (as determined by the Sponsor in its sole and absolute discretion), such potential Prize winner will be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining applicable eligible Entries (in which case the foregoing provisions of this section shall apply to such new potential Prize winner). The Prizes will be distributed within thirty (30) days after the confirmation of the applicable winner. The Prizes will only be given to the confirmed winners. The winner is responsible for any applicable federal, provincial and municipal taxes.
This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
LIMITATION OF LIABILITY
By entering, each entrant acknowledges and agrees that the Contest Group shall not be responsible for, and entrant shall hold them harmless from, any and all claims, damages, including compensatory, direct, incidental, consequential or other damages, liabilities, costs and expenses ("Losses") with respect to or in any way arising from or in connection with the Contest or a Prize except and to the extent specifically provided in these Rules under the heading entitled "Disputes". Without limiting the generality of the foregoing, the Contest Group Contest Group shall in no way be considered responsible for any losses in connection with (i) incorrect or inaccurate information for any reason including any technical or human error which may occur in the processing of submissions in the Contest, (ii) problems or technical malfunctions, (iii) error, omission, interruption, deletion, defect, theft or destruction or authorized access to, or alteration of, Entries or (iv) damages to entrants or to any other person related to or resulting from entering, participating in this Contest or using or misusing a Prize.
Any attempt by an entrant or any other person to deliberately damage the Sponsor’s Facebook Page or any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to claim damages from any such person to the fullest extent permitted by law.
Force Majeure: The failure of the Contest Group Contest Group to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of the Contest Group Contest Group (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Rules.
Disputes: To the maximum extent permitted by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by an Ontario Provincial Court; (2) any and all claims, actions, judgments and awards (i) shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event legal or other fees; and (ii) may only be brought, initialed or awarded against Red Apple Stores Inc. and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning 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.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE TO THE MAXIMUM EXTENT PERMITEED BY LAW THAT THE CONTEST GROUP WILL CONTEST GROUPHAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM A PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, OR THE MERCHANDISE FOR WHICH IT IS REDEEMED. FURTHER BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT CONTEST GROUP HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.
Without limiting the foregoing, the Contest Group, will not be responsible for: (a) any incomplete or inaccurate information that is caused by entrants, 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 processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any Entry to be received by Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website, a social media platform error or malfunctions or any combination thereof or technical incompatibility; (g) damage to a user's computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. The Sponsor, in its sole and absolute discretion, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, 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 as contemplated in these Rules, or for any other reason.