THE “TEDxMONTREAL PERSPECTIVES 2016” CONTEST RULES AND REGULATIONS (THE “OFFICIAL RULES”)
THIS CONTEST IS ONLY OPEN TO RESIDENTS OF THE PROVINCE OF QUEBEC AND IS GOVERNED BY QUEBEC LAW. By entering this Contest, all Entrants (defined below) agree to be bound and comply fully with each provision in these Official Rules, which are a contract, therefore Entrants should read carefully before entering. Without limitation, this contract includes indemnities to the Released Parties (defined below) from all Entrants and a limitation of each Entrant’s rights and remedies. The decisions of DCMTL with respect to all aspects of the Contest are final and binding. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing information to DCMTL and not to Instagram. The information provided by Entrants will only be used to administer the Contest in accordance with the DCMTL privacy policy located at http://www.dcmtlblog.com/privacy/. Instagram is completely released of all liability by each Entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to DCMTL and not Instagram.
The TEDx Montreal Perspectives 2016 Contest (the “Contest”) is sponsored by DCMTL (the “Sponsor”), a company based out of the Province of Quebec, Canada. The contest is designed to help DCMTL promote TEDx Montreal’s Perspectives 2016 conference and Espace DCMTL’s centre for the arts, culture and events.
1. ELIGIBILITY
This Contest is open only to legal residents who:
- are domiciled or residing in the Province of Quebec, Canada;
- are at least the age of majority at time of entry; and
- have a valid Instagram account linked to a valid email address.
Employees of the Sponsor, its affiliated companies or agents, their respective advertising or promotional agencies, its media sponsors, or the third parties engaged by the Sponsor to assist it in administering the Contest or a member of any such employee’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the employee or not) are not eligible. In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner and/or spouse. 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. Sponsor reserves the right, in its 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
The Contest shall run from 12:00:00 PM EST on October 24, 2016 to 11:59:59 PM EST on November 7, 2016 (the “Contest Period”).
The sole determinant of the time for the purposes this Contest will be the Sponsor’s timekeeping device.
3. CONTEST INSTRUCTIONS
NO PURCHASE NECESSARY: The Contest can only be entered online, is free of charge and no purchase is necessary to participate or win. Purchase does not increase chance of winning.
At the beginning of the Contest Period, the Sponsor will post a question on their Instagram page’s timeline asking fans to answer the question for a chance to win (the “Post”).
To enter the Contest, the entrant (the “Entrant”) must go to the Sponsor’s Instagram page at www.instagram.com/dcmtlblog (the “Instagram Page”), and submit their response according to the content requirements detailed in Rule #4 below (the “Entry”).
The Entry must be within the same stream as the Sponsor’s Post during the Contest Period, as well as comply with Instagram’s terms of use.
No other entry method will be accepted. By submitting their Entry, the Entrant will automatically receive one (1) entry into the Contest. Entry information will not be acknowledged or returned.
Entrants may enter as many times as they want during the Contest Period. Anyone found to use fake or multiple accounts to enter the Contest will be ineligible to participate in the Contest.
Use of any automated, script, macro, robotic or other program(s) to enter or otherwise participate in this Contest is prohibited and will automatically result in disqualification from the Contest. In the event an Entrant submits an Entry that does not comply with the format and content requirements set forth therein, in the sole discretion of the Sponsor, he or she will be disqualified from the Contest. Anyone found “spamming” by posting multiple comments or pictures that are related to Sponsor or #EspaceDCMTL or by sending large numbers of duplicate entries related to the Contest or unrelated messages will be disqualified from the Contest.
4. FORMAT AND CONTENT
The entry must communicate the Entrant’s response to the following question posed by the Sponsor at the beginning of the Contest Period.
- Out of all the speakers, which one are you most excited about?
The Entry must also satisfy the following requirements:
- Must comment their answer in the Post’s comment section.
- Must like the Instagram Page;
- Must like the Post;
- Must not, in the sole and unfettered discretion of the Sponsor, contain any offensive, obscene, immoral or illegal depictions;
- Must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for all persons, including persons under the age of 13;
- Must not, in the sole and unfettered discretion of the Sponsor, contain any: nude, sexually explicit, disparaging, discriminatory, libellous or other inappropriate content (including, but not limited to, crude, vulgar or offensive language and/or symbols); derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct (including but not limited to the use of alcohol or drugs); or personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic).
- Must not contain any copyrighted works (other than as owned by the Entrant) or any other material that violates or infringes the rights of another.
- Must not contain any third party brand names, trademarks or logos that the Entrant does not have the right to use for the purpose of this Contest.
- Must not violate any law.
Entrant is hereby granting the Sponsor an unlimited license to use the Entry in any form or manner and allowing Sponsor the right to alter or amend the Entry. Entrant will not object to any use by Sponsor of the Entry and is waiving all moral rights associated with the Entry.
5. PRIZE
The verified Winner will receive two (2) FREE tickets to the TEDx Montreal conference on November 12th, 2016. The approximate retail value (the “ARV”) of the Prize is $200.00.
The Winner is responsible for all applicable federal, state, provincial, local sales and income taxes and any costs, expense(s) or fees whatsoever in connection with their Prize not specifically provided herein including, but not limited to: travel, accommodations, moving, ground transportation, delivery, parking fees, food and beverages, furnishings, additional equipment, insurance, safety, maintenance and all other fees and expenses associated with receipt and use of the Prize.
If the actual value of the Prize is lower than ARV stated in these Official Rules, the difference will not be awarded in cash. The Sponsor reserves the right, in the event that a Prize cannot be awarded as described herein, in whole or in part, for any reason, to substitute the Prize with another prize of similar nature and of equal or greater value, without liability and at its sole discretion.
The Prize is not transferable, assignable, not for resale and have no cash surrender value (in whole or in part). If the Winner is unable to accept a prize in its entirety for any reason, the Winner will forfeit the Prize and the Prize will be awarded to an alternate Winner. The Prize is guaranteed to be awarded, assuming a sufficient number of entries are received. All entries and potential Winner are subject to verification by Sponsor and administrator, whose decisions are final and binding. No compensation will be paid in lieu of prize.
THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
6. SELECTION
The Winner (defined below) will be selected based upon the rounds of the competition and judging described herein.
It is planned that, during the Contest Period, the Sponsor will review all entries received during the Contest Period and will identify the Contest participants whose entries are eligible for the Contest (upon successful completion of all required forms and submission of an Entry in compliance with the requirements set forth herein, each an “Entrant,” and collectively the “Entrants”). In determining who will be identified as an Entrant, the Sponsor will consider the following factors:
- Eligibility for the Prize as described in Rule #1, and
- Completeness and timeliness of submission.
The Sponsor has the discretion to assign whatever weight it chooses to each of the factors just described.
At the end of the Contest Period, and once the eligible entries are identified, an independent judging organization (the “Judging Organization”) appointed in its discretion by Sponsor will randomly select one (1) prize winner from among all the eligible entries submitted by the Entrants during the Contest Period (the “Winner”).
If Sponsor so elects, the Winner may be required to submit to, and by entering the Contest, agrees to fully cooperate with Sponsor in conducting a confidential background check to confirm the Winner’s eligibility and compliance with the provisions of these Official Rules and to help ensure that the use of such Winner in advertising or publicity for the Contest or otherwise will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Contest or on Sponsor, as determined by Sponsor in its sole discretion. The Winner undertakes to sign any document to give effect to the said consent.
The Winner agrees to execute and deliver all documents reasonably required by Sponsor in order to collect their Prize, including a Release Form, failing which they will be disqualified from the Contest.
There is no limit of entries, therefore, odds of winning the Prize are dependent upon the number of eligible entries received during the Contest Period.
7. NOTIFICATION
The Sponsor will attempt to contact the selected Winner by private message by the email provided at time of entry within 24 hours of being selected to confirm identity and administer a skill-testing question. If the skill-testing question is correctly answered, a Declaration and Release form (the “Release Form”) will be issued for completion by the selected Winner in order to confirm that the Winner have abided by all the Official Rules. If the selected Winner (a) does not respond to the private message within one (1) business day of notification; (b) fails to correctly answer the skill-testing question; or (c) fails to return the properly executed Release Form within the specified time (see Rule #8), then he/she will be disqualified and another Winner will be selected by the same process until such time as a winner is declared or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected Winner.
8. RELEASE
The Winner will be required to sign a Release Form confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Sponsor, Instagram and each of their respective dealers, agents, affiliated and related companies, advertising and promotional agencies and their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively, the “Released Parties”) from any liability arising out of or in any way connected with the operation of this Contest and use of the Prize. The Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of their Prize and from and against any and all claims, including claims based on property damage, violation of intellectual property rights, personal injury and/or death, publicity rights, taxes or other duties, defamation or invasion of privacy or any other legal claims. The Release Form must be returned within the time period specified on the Release Form or the Prize may be forfeited. Upon receipt of the duly executed Release Form, Sponsor, or its representative, will inform the Winner of details related to how the Winner will receive their Prize.
9. LIMITATIONS OF LIABILITY
The Entrant hereby releases, acquits, forgives and discharges the Released Parties from any actions, claims, demands, suits, agreements, judgments, liabilities and proceedings, whether arising in equity or in law, arising from participation and entry in the Contest or any event related thereto, a Prize or any other correspondence or data that is lost, stolen, late, garbled, distorted, delayed, damaged or misdirected for any reason, including, without limitation to: (i) any failure, interruption, technical malfunction or delay; (ii) any e-mail, text or other communication sent or received to or from the Sponsor or any of its agents or designees, for any reason; (iii) for any incorrect, untimely or inaccurate information, whether caused by the website where this Contest was featured, users or by equipment or programming errors associated with or utilized in the Contest; (iv) any technical or human error which may occur in the processing of any entry or entries in the Contest; for problems with the function of any website or website feature, howsoever caused; (v) the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data, software, online systems, servers or access providers; (vi) any functionality lost due to not having cookies enabled; (vii) for traffic congestion on the Internet; (viii) the security or privacy of information transmitted via computer networks; (ix) breaches of privacy due to interference by third party computer “hackers” or for any damage caused to or incurred by any Entrant or any other person by reason of any such event or occurrence; or (x) technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant’s ability to participate in the Contest. These grants and releases shall remain binding upon all successors-in-interest and personal representatives of the Entrant.
The Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event will the Released Parties be liable for attorney’s fees. The Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. If for any reason your Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, your sole remedy is another Entry in the Contest if possible.
10. PUBLICITY RIGHTS
By entering the Contest, Entrant hereby grants to the Sponsor the unlimited right (but not the obligation) to publish and use, without payment or other compensation and without notice, consent or approval, his/her name, photograph and likeness, address (city/town, province or territory), voice, and the whole or part of any statement or statements he/she has made or makes about the Contest, Prize awarded in any publicity, program or advertising, without geographic limit and in perpetuity, in any medium now known or hereafter devised (including, without limitation, the Internet), and hereby consents unconditionally to any such publication or use without further notice, consent, approval or compensation.
11. DISQUALIFICATION
The Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual that it finds to be, or suspected of, violating these Official Rules or tampering with the entry process. The Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt by anyone to deliberately undermine the legitimate operation of this Contest is in violation of criminal and civil laws and the Sponsor reserves the right to seek damages or other legal remedy to the fullest extent permitted by law. The Sponsor reserves the right to terminate the Contest, suspend the Contest or to amend these Official Rules at any time without notice if any factor interferes with the proper conduct of the Contest as contemplated by these Official Rules. The Sponsor is not responsible for printing, display, distribution or production errors. Entry material/data that have been tampered with or altered are void. The use of an invalid email address will disqualify the Entry. Users spamming the same email address will disqualify the Entry.
12. AUTHORIZED ACCOUNT HOLDER
In the event of a dispute as to the identity of an Entrant, entries will be deemed to have been submitted by the authorized account holder (defined below) of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is: (a) assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address with the selected Entry. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the email address.
13. SUSPENSION / MODIFICATION / TERMINATION
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to: fire, flood, epidemic, earthquake, explosion, labour dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state, province, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Contest, at its sole discretion, without notice to Entrants. Sponsor additionally reserves the right, in its sole and absolute discretion: to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest.
14. PRIVACY
The Sponsor respects the Entrant’s right to privacy. Personal information collected from Entrants will only be used (and disclosed to third parties) by the Sponsor to administer the Contest and fulfill the Prize requirements and, only if consent is given at the time of entry, to provide the Entrants with information regarding upcoming promotions and/or events from the Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please refer to the Sponsor’s privacy policy, available at http://www.dcmtlblog.com/privacy/.
15. DISPUTE
Except where prohibited, Entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the Prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to costs associated with entering and participating in the Contest, but in no event attorneys’ fees; (3) under no circumstances will Entrants be permitted to obtain awards for, and Entrants by entering the Contest waive 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; and (4) Entrants waive all right to trial by jury. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Province of Quebec without giving effect to any choice of law or conflict of law rules.
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (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.
16. GENERAL
All entries become the permanent property of the Sponsor and none will be returned. The Contest is subject to all applicable Canadian federal, provincial and local laws and regulations. This Contest is VOID WHERE PROHIBITED BY LAW AND IS EXPRESSLY NOT OPEN TO PARTICIPATION BY RESIDENTS OF ANY JURISDICTION OTHER THAN QUEBEC.
17. SPONSOR
Kika Marketing & Communications Inc dba DCMTL, 301-55 Louvain West, Montreal, Quebec H2N 1A4 Canada.
// End of Official Rules //