Terms & Conditions
THESE RULES ARE THE TERMS AND CONDITIONS APPLICABLE TO THE CONTEST (THE “CONTEST”) ADMINISTERED BY VERY POLITE AGENCY INC. (THE “COMPANY”). THE CONTEST IS INTENDED TO BE CONDUCTED IN CANADA, EXCEPT THE PROVINCE OF QUEBEC 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 (THESE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible to enter the Contest, a person must be a resident of any province or territory of Canada (other than Quebec) for tax purposes or otherwise registered to conduct business in such province or territory.
2. CONTEST PERIOD. The Contest entry period (the “Contest Period”) started on or about July 25, 2020 and will end on Aug 31, 2020 and/or as indicated on https://weareverypolite.com/brand-me/ (the “Contest Website”) after which time the Contest will be closed and no other entries shall be accepted.
3. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. To enter complete and submit an entry form as instructed. (b) Limit of one (1) entry per person, unless otherwise indicated. In the case of multiple entries, only the first entry will be considered, and the remainder will be void. (c) All entries become the sole property of the Company and will not be returned for any reason. Entries must be received prior to the conclusion of the Contest Period. 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 winner of the Contest. (d) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purposes of these Contest Rules, “authorized account holder” of an e-mail address is defined as the individual who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Company with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
(a) The winning prize for the Contest has an approximate retail value of one hundred and fifty thousand Canadian dollars (CDN $150,000.00) and shall be announced and described on the Contest Website or otherwise, at the Company’s sole discretion, including by press release or otherwise in print, on or before Sept 8, 2020. Winners shall not be entitled to receive the difference between the actual prize value and the approximate prize value. (b) The winner of the Contest will be contacted by the Company with instructions on how to claim the prize. (c) The prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Company. Any unused portion of a prize will be forfeited and have no cash value. The Company reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the prize (or any portion thereof) cannot be awarded for any reason. (d) The Company shall not assume any liability for lost, damaged or misdirected prizes.
5. WINNER SELECTION.
(a) Following the end of the Contest Period, the Company will select one (1) entrant (or more, if the Company decides in its sole discretion) from all eligible entries received during the Contest Period, unless otherwise indicated. There is only one (1) prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Company. (b) 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 to sign and return the Release (as defined and described below). (c) If the selected entrant does not respond within [three (3) business days] of notification, such person will be disqualified and will not receive any prize and another entrant may be selected (in the Company’s sole discretion) until such time as an entrant satisfies the terms set out herein. The Company is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Company to receive a selected entrant’s response.
6. RELEASE. The winner (and, if applicable, any representative of the winner) may be required to execute a legal agreement and release (the “Release”) that confirms such person’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of the Company and its subsidiaries, affiliates and/or related companies and each of their respective 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; and (iv) grant to the Company of the unrestricted right to publish, broadcast, or exhibit such person’s name, logo, trademark, trade name, photograph, likeness, comments and voice in any and all media in connection with publicity related to the Contest. The executed Release must be returned to the Company within [three (3) business days] of the date indicated on the accompanying letter of notification or verification as a winner, or the selected person will be disqualified and any rights such person may have to the prize will be forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the 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, property damage, or special, punitive, incidental, statutory, or nominal damages, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. Each entrant agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Contest, without limitation.
8. LIMITATION OF LIABILITY. The Company 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 Company 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 Company 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 Company 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 Company is 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. Each 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 a prize. The Company 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 Company, 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.
9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules. Each entrant further agrees to be bound by the decisions of the Company, which shall be final and binding in all respects. The Company 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, the Contest Website, or any related promotional website; and/or (c) 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 COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. If applicable, the winner (and its representatives) must at all times behave appropriately when taking part in the Contest and observe the Contest Rules. The Company reserves the right to disqualify such winner in the event such winner did not follow the Contest Rules.
10. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, each entrant (and the individuals representing such entrant, as applicable): (i) grants to the Company the right to use their name, 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 Company the right to use such 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 Company may disclose their Personal Information to third-party agents and service providers of the Company in connection with any of the activities listed in (i) and/or (ii) above. (b) The Company will only use any Personal Information for identified purposes and protect Personal Information in a manner that is consistent with applicable Canadian privacy and anti-spam legislation.
11. INTELLECTUAL PROPERTY. All intellectual property of the Company, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Company. All intellectual property of each entrant, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by such entrant. 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. Each entrant expressly consents to the Company copying or using any copyrighted material or intellectual property of such entrant that is submitted by such entrant for the purposes of entering the Contest.
12. TERMINATION. The Company reserves the right, in its sole discretion, to terminate the 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 prior notice.
13. 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 in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Contest. 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 Company in connection with the Contest shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia 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.
14. 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 Website, entry form, or print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
15. 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 Instagram, Facebook and/or Twitter.