A Place for Mom Canada Memory’s Last Breath Contest Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The A Place for Mom Canada Memory’s Last Breath Contest (the “Promotion”) starts on June 28, 2017 at [12:00:00 p.m.] Pacific Time (“PT”), and ends on July 12, 2017, at 11:59:59 pm PT (the “Promotion Period”). To enter the Promotion, you must agree to and abide by these official rules (the “Official Rules”).
ELIGIBILITY: The Promotion is open to all applicants who are legal residents of Canada (with the exception of Quebec), and are 21 years of age or older (each, an “Entrant”). Employees of Sponsor, and its parent, subsidiaries, and affiliates, and members of their immediate family (regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. The Promotion is subject to all applicable federal, state and local laws. Void where prohibited by applicable law.
HOW TO ENTER: To enter the Promotion, you must complete and submit an entry form (the “Entry”), which can be accessed by clicking on https://www.surveymonkey.com/r/Memorys-Last- Breath-Contest. You can also enter by emailing your Entry to Sponsor at [email protected] All Entries must be received by Sponsor by July 12, 2017, at 11:59:59 pm PT, to be considered for selection of the Winner. LIMIT: One (1) Entry per person. Any individual suspected of submitting entries in excess of the limit for the Promotion Period (regardless of the method or means) will be disqualified from participation in the Promotion. The name of the person entering the Promotion must be the authorized account holder of the email address on the Entry form; otherwise, the Entry may be disqualified. In the event of a dispute over the identity of a winner, an Entrant will be required to provide identification sufficient to show that he/she is the authorized account holder of the email address on the Entry form. Entries generated by script, macro or other automated or mechanical means and Entries by any means which subvert the entry process are void.
ENTRY GUIDELINES: The Entry must: (i) contain at least 10 (ten) words; (ii) be in English; (iii) be Entrant’s own original work, (iv) not have been previously published or submitted in connection with any other contest or promotion; (v) not be offensive or inappropriate, as determined by the Sponsor in its sole discretion; (vi) not contain any personally identifiable health information in violation of the Health Insurance Portability and Accountability Act of 1996, as amended; and (vii) not defame or invade the publicity rights or privacy of any person, or otherwise infringe upon any person’s personal or property rights or any other third party rights (including, but not limited to, infringing the copyrights or trademarks of any third party). Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, that violates these guidelines.
PRIZES: Five (5) winners will be selected and each winner will receive a copy of Memory’s Last Breath (the “Prize”). The Approximate Retail Value (“ARV”) of the Prize is $27.00 (USD). ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner may not substitute, assign or transfer prize or redeem the Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute the Prize with one of comparable or greater value. Prize award is subject to verification of eligibility and compliance with these Official Rules. All prize details are at Sponsor’s sole discretion. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize. Odds of winning a prize depend on the number of eligible entries received.
WINNER SELECTION: Five winners will be selected at a random drawing conducted on July 21, 2017, at 12:00:00 pm PT from among all eligible entries received and identified as the Winners. The Sponsor’s decisions are final and binding in all matters relating to this Promotion.
WINNER NOTIFICATION: The Winners will be notified by telephone, mail and/or email on or about July 21, 2017, and will be required to complete a Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within five (5) days of the date appearing on the prize notification. Return of prize notification as undeliverable, a Winner’s failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact the Winner within a reasonable time period, or noncompliance with these Official Rules by the Winner will result in disqualification and, at Sponsor’s sole discretion, an alternate winner may be selected.
GENERAL CONDITIONS/RELEASE: By submitting an Entry, you represent and warrant that:
(i) you have read, understand, and will follow the Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; (ii) the Entry complies with these Official Rules; and (iii) the Entry and all elements contained therein (“Content”) are your original work, and have not been stolen or plagiarized, previously published or distributed in any media and have not been entered in or won previous contests or awards and do not defame or violate the publicity, privacy, or intellectual property rights of any person. By submitting an Entry, you further grant to Sponsor the right (except where otherwise prohibited by law), to use your name, likeness, Entry and Content for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from you or any third party (unless specifically requested by Sponsor to so provide) and without prior notice, approval or inspection. In addition, you agree to release, discharge and hold harmless Sponsor and its parent, affiliates, subsidiaries, and advertising and promotion agencies, and their respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Promotion or any Promotion-related activity (including, without limitation, Entrant’s access to, or submission through, the entry page) or the acceptance, possession, use or misuse of the awarded prize.
You agree to waive (i) any right to publicity, privacy or moral rights relating to the Content or your participation in this Promotion, and (ii) any right to inspect or approve uses of the Content or to be compensated for any such uses.
IMPORTANT DISCLAIMERS AND LIMITATIONS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, delayed, stolen, delayed, misdirected, undelivered, illegible or garbled Entries or for postage-due mail; or for lost, interrupted or unavailable network, server, Internet Service Provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing or judging of Entries, the announcement of the prize, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. There are NO WARRANTIES express or implied made by Sponsor and, additionally, no implied indemnities of any kind.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES HEREBY DISCLAIM ANY WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS AND REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR ANY IMPLIED INDEMNITIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT SPONSOR HAS NOT MADE, AND YOU ARE NOT RELYING ON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO YOU REGARDING THE VALUE OF THIS PROMOTION OR THE ODDS OF YOU BECOMING A WINNER, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS USED IN CONNECTION WITH THE PROMOTION, THESE OFFICIAL RULES OR ANY WEBSITES. ALL DATA, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS RELATED TO THE PROMOTION, THESE OFFICIAL RULES AND ANY WEBSITES ARE PROVIDED “AS-IS, WHERE-IS” WITHOUT TECHNICAL SUPPORT OF ANY KIND.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST PRIZES) RELATED TO THE PROMOTION. THESE OFFICIAL RULES, THE PERFORMANCE OR BREACH OF THESE OFFICIAL RULES BY SPONSOR, THE USE OR EXPLOITATION OF ANY CONTENT, OR OTHERWISE, EVEN IF SPONSOR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Sponsor reserves the right to cancel, terminate, modify, or suspend the Promotion at any time.
MISCELLANEOUS: All federal, state and local laws and regulations are applicable. By entering the Promotion, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion, these Official Rules, participants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion 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. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in the Province of Ontario and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Promotion or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred. If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
REQUEST FOR WINNER’S NAME: For the name of the winner (available after July 21, 2017), send a self-addressed, stamped, envelope to: A Place for Mom, Inc., Attn: Marketing Department, 701 Fifth Avenue, Suite 3200, Seattle, WA 98104.
SPONSOR: A Place for Mom Canada, Inc., 181 Bay Street, Suite 4400, Toronto, ON M5J 2T3.