OFFICIAL RULES AND REGULATIONS
The contest (“Contest”) is produced and administered by Salon Communications Inc., 202-183 Bathurst Street, Toronto, Ontario, M5T 2R7, Canada. Salon Communications Inc. may be referred to as SCI or the Producer. The Contest is sponsored by L’OCCITANE en Provence Canada, 2700 Dufferin St. Unit 89, Toronto, ON M6B 4J3, referred to as the Sponsor.
The Contest begins at 12:00:00 AM Eastern Time (“ET”) on January 4th 2017 (the “Contest Start Date”) and ends at 11:59:59 PM ET on February 2nd, 2017 (the “Contest Period”).
By submitting an entry, each entrant agrees to abide by the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. No purchase is necessary to enter the Contest.
WHO MAY ENTER
To be eligible for this Contest (the “Contest”), an individual must: (i) be a legal resident of Canada who at the time of entry has reached the age of majority in the province/territory in which he/she resides. Employees of Salon Communications Inc. (SCI), Elevate Magazine or their affiliates, their advertising and promotional agencies and persons with whom such employees are domiciled are not eligible. The Contest is void where prohibited by law.
HOW TO ENTER
Only one entry may be submitted per entrant. To enter the Contest, each entrant must visit http://www.elevatemagazine.com/contests during the Contest Period, complete all required fields on the online registration form, and submit the registration form.
The representations and warranties provided herein are continuing representations and warranties. They must be true at all times during the Contest.
Multiple entries by the same person or from the same email address or from the same person from different email addresses in shall result in disqualification. All entrants must agree to be opted into receiving electronic communications from Elevate Magazine and its partners, to which they may unsubscribe from at any time at the bottom of every email.
There is one (1) grand prize available to be awarded (the “Prize”), consisting of:
One (1) Harmony Divine Cream 50 mL
One (1) Harmony Divine Serum 50 mL
The approximate retail value of the Prize, in Canadian dollars, is $425.
The Prize must be accepted as awarded without transfer, assignment or substitution, except as may be required subject to availability at the sole discretion of the Producer, and is not redeemable for cash. The Prize, or components thereof, may be substituted by the Producer with an alternate prize of equal or greater value in the Producer’s sole discretion, subject to any required regulatory approvals. The Prize is provided “as is”, without any representations, warranties or conditions whatsoever, express or implied, and the Producer expressly disclaims any and all such representations, warranties and conditions.
The odds of being selected to win the Prize depend on the total number of eligible entries received during the Contest Period.
One (1) winning entry will be selected on February 3rd, 2017 between approximately 9:00:01 AM ET and 4:59:59 PM ET at SCI’s offices at 202-183 Bathurst Street, Toronto, Ontario, M5T 2R7, Canada, based upon a random drawing.
The Producer may disqualify any entry for any reason whatsoever in its sole discretion. All decisions of the Judges are final, binding and non-reversible.
NOTIFICATION OF SELECTION
The selected entrant will be contacted at the email address provided at the time of entry by [email protected] on February 3rd, 2017 (the “Selection Date”) between approximately 9:00:01 AM ET and 4:59:59 PM ET by the Producer. The Producer will make two (2) attempts to contact the selected entrant by email within three (3) business days of the Selection Date. If the selected entrant cannot be contacted within two (2) attempts or three (3) business days of the Selection Date (whichever occurs first) or if the selected entrant declines the Prize, then the selected entrant will be disqualified and an alternate entry will be selected from the remaining eligible finalist entries by the Judges based upon the scores awarded pursuant to “Winner Selection” above. This process will be repeated until a selected entrant has been contacted and the Prize has been awarded in accordance with these Official Rules or the Producer runs out of eligible entries, at the Producer’s sole discretion, whichever occurs first. If an entrant is determined by the Producer, in the Producer’s sole discretion, to have failed to comply with these Official Rules, or applicable law, such entrant will be disqualified from the Contest.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to the Authorized Parties (defined below) to reproduce, distribute, display, modify, and edit the entries and to create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: display at a potential exhibition of winners; publication of a book featuring select entries in the Contest; publication in Salon Magazine, Elevate Magazine or online highlighting entries or winners of the Contest. Entrants consent to SCI doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their entries and agree to release and hold harmless the Authorized Parties and each of their respective agents, employees, directors, successors, and assigns 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. Display or publication of any entry on an Authorized Party’s website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering the Contest, each entrant grants the Authorized Parties an unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of entrants, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
All entries become the property of the Producer and shall in no case be acknowledged upon receipt or returned to the entrant. The Contest is subject to all applicable federal, provincial and municipal laws and regulations. The decisions of the Producer with respect to all aspects of the Contest are final and binding on each entrant without right of appeal, including, without limitation, any decisions regarding the eligibility and/or disqualification of entries.
SELECTED ENTRANT MUST, BEFORE BEING DECLARED A WINNER: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question, (ii) confirm their compliance with these Official Rules (including without limitation the eligibility requirements herein) and confirm their acceptance of the Prize as awarded without substitution, (iii) release the Released Parties (as defined below) from any liability in connection with the Contest, participation therein, and/or the awarding and use/misuse of the Prize or any portion thereof, all in form and substance satisfactory to the Producer, by email response within three (3) business days of receipt of the selection notification, and (iv) provide all of the applicable releases referred to under “Releases” below. Failure, by the specified deadlines, to confirm compliance with the Official Rules and acceptance of the Prize, failure to deliver the required release set forth above or any of the releases set forth below, failure to correctly answer the mathematical skill-testing question, return of the Prize or notification as undeliverable will result in disqualification, at the Producer’s sole discretion, and an alternative entrant will be selected.
The Prize restrictions and conditions stated herein are not all-inclusive and may be subject to additional restrictions and conditions. The entrant declared to be the winner is solely responsible for the remittance and payment of any taxes applicable to any portion of the Prize awarded to such entrant in the Contest, and such entrant hereby releases the Released Parties from any responsibility therefore.
Upon SCI’s request, each entrant must provide (within seven (7) calendar days of receipt of SCI’s request) a signed release, warranty of ownership and license, warranting such entrant is the owner of the entry and authorizing SCI and its licensees (the “Authorized Parties”) to reproduce, distribute, display, modify, and edit the entry and to create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known.
For the purposes of these Official Rules, the entrant will be deemed to be in receipt of SCI’s request or notification, (i) in the event that SCI sends the request by postal mail, five (5) business days after the request was sent by SCI, or (ii) in the event that SCI sends the request by email, on the day that the email was sent by SCI.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, indemnify and hold harmless Salon Communications Inc., the Sponsor and their partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives (the “Released Parties”) from any liability, claim, loss, or damages (including, but not limited to personal injury, bodily injury, disability, death, property damage and loss or damage of any other kind) arising, directly or indirectly, in whole or in part, from or in connection with their participation in this Contest or in any Contest-related activities or any breach by the entrant of their obligations or any use, collection, storage and disclosure of an entrant’s personal information, or if declared a winner, the acceptance and use, misuse, or possession of any Prize awarded hereunder.
This release and indemnity shall continue in force following the termination of the Contest and/or the awarding of any Prize.
Giveaway administrators assume no responsibility or liability for lost, late, delayed, misdirected or incomplete Entries, notifications, responses, replies, or any agreement and release documents or for any computer, online, telephone, hardware, software or technical malfunctions that may occur (including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry). Giveaway administrators are 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 Giveaway or by any technical or human error which may occur in the processing of Entries in the Giveaway. SCI 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. SCI is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, 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. SCI is not responsible for any injury or damage to entrants or to any computer related to or resulting from participating in or downloading materials in this Giveaway. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, and the laws of Ontario, Canada, SCI reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway for any reason, including if the Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of SCI which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway.
If a dispute arises, the disputed entry will be declared to have been made by the authorized account holder of the email address associated with the Salon Magazine Community membership account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST 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 PRODUCER ALSO RESERVES THE RIGHT TO SEEK DAMAGES FROM THE PERPETRATOR TO THE FULLEST EXTENT PERMITTED BY LAW. The Producer and Sponsor are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate or by any human error which may occur in the processing of the entries in the Contest, or any combination thereof, including any injury or damage to entrants' or any other persons' computers or digital devices related to or resulting from participation, uploading or downloading of any materials related to in this Contest. Any claim or legal action arising or occurring with respect to the Contest, or the awarding, acceptance, use, or misuse of the prize shall be governed exclusively by the laws of the Province of Ontario and shall be resolved exclusively in either the federal or provincial courts located in Toronto, Ontario.
PRIVACY/USE OF PERSONAL INFORMATION
Each entrant will be required to submit personal information in order to enter the Contest, and by entering the Contest, each entrant agrees to the following terms regarding their personal information. Each entrant’s personal information will be used for the administration of the Contest, including the contacting of the selected entrants and the awarding of the Prize, in addition to the other uses contemplated in these Official Rules. Such personal information may also be used for the Producer’s marketing initiatives as more specifically set forth below. Each entrant hereby consents to the collection, use, storage, sharing and disclosure of their personal information provided in their entry by the Producer and its affiliates as contemplated herein, without further compensation, notice or consideration, consent or prior review. Each entrant hereby confirms they understand that by entering the Contest, any personal information provided may be shared within the Producer. Each entrant’s personal information will be governed by the Producer’s privacy policies, which are located at http://www.elevatemagazine.com/privacy.
This contest is not open to residents of Quebec. Any litigation respecting the conduct or organization of a publicity contest in Québec may be submitted to the Régie for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. In the event of any discrepancy or inconsistency between the English language version and the French version of these Rules, the English version shall prevail and govern.
COPY OF OFFICIAL RULES
For a copy of the Official Rules, please:
∞ • visit: http://elevatemagazine.com/contests; or
∞ • write to Salon Communications Inc., 202-183 Bathurst Street., Toronto, Ontario, M5T 2R7, Canada.