Official Contest Rules
OFFICIAL CONTEST RULES
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
1. CONTEST PERIOD:
The [Banana Boat Influencer] Contest (the “Contest”) begins on Friday, June 10 at 5:00 PM EST and ends
on Thursday, June 30, 2016 at 11:59 PM EST (the “Contest Period”).
2. ELIGIBILITY:
The Contest is open to residents of Canada, excluding Quebec, who have reached the legal age of
majority in their province/territory of residence at the time of entry, except employees, representatives or
agents (and those with whom such persons are living, whether related or not) of Toronto Teacher Mom (the
“Sponsor”), Edgewell Personal Care Canada, ULC. (the “Prize Supplier”), their respective parent
companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity
involved in the development, production, administration, or fulfillment of the Contest (collectively, the
“Contest Parties”). IMPORTANT NOTE: The Prize Supplier is merely supplying the prizes and is in no
way responsible for the administration , execution or fulfillment of the Contest. If you have any questions
or complaints regarding the Contest, please contact the Sponsor.
3. HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, go to http://www.torontoteachermom.com/2016/06/banana-boat-sun-care.html (the “Blogger Website”) and follow the
on-screen instructions to submit a response to the blogger (a “Response”) during the Contest Period that
complies with the Response Requirements listed below. By submitting a Response, you agree to be
legally bound by these Official Contest Rules (the “Rules”).
4. RESPONSE REQUIREMENTS:
By submitting a Response, each entrant warrants and represents that his/her Response:
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i. is original to him/her and that the entrant has all necessary rights in and to the Response to enter the Contest;
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ii. does not violate any law, statute, ordinance or regulation;
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iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
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iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- v.is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
- Nudity;
- Explicit, graphic or excessive sexual activity;
- Crude, vulgar or offensive language and/or symbols;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups;
- Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
- Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
- Conduct or other activities in violation of these Rules;
- Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
- Any identifiable third party products and/or trade-marks, brands or logos; and
- Any other content that is or could be considered inappropriate, unsuitable or offensive, all as
- determined by the Sponsor and/or the Contest Parties in their sole discretion.
By entering the Contest and submitting the Response, each entrant: (i) grants to the Sponsor, in perpetuity, a world-wide, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Response, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Response in favour of the Contest Parties; and (iii) agrees to release the Released Parties (defined below) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action that relates in any way to his/her Response or participation in this Contest. The Sponsor reserves the right, in its sole discretion, to modify, edit, remove or disqualify any Response, if it is deemed not to comply with these Rules (including without limitation the foregoing Response Requirements).
5. LIMITS AND VERIFICATION
There is a limit of one (1) Response per person/email address during the Contest Period. If it is discovered
by the Sponsor (using any evidence or other information made available to or otherwise discovered by the
Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; and/or (ii)
use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other
system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be
disqualified from the Contest in the sole and absolute discretion of the Sponsor. Your Response may be
rejected if (in the sole and absolute discretion of the Sponsor) it is not fully completed with all required
information or if your Response is not submitted and received in accordance with these Rules during the
Contest Period. The Released Parties (defined below) are not responsible for late, lost, misdirected,
delayed, incomplete or incompatible Responses (all of which are void).
All Responses 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 Response 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).
6. THE PRIZES AND APPROXIMATE RETAIL VALUE:
There will be one (1) prize available to be won (the “Prize”). The Prize consists of a $100 CAD gift card
(subject to the terms and conditions of the issuer). The Prize must be accepted as awarded and is 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 the 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. All characteristics and features of the Prize, except as otherwise explicitly described above, shall
be selected by the Sponsor in its sole and absolute discretion.
7. PRIZE WINNER SELECTION PROCESS:
The first entrant who submits an eligible Response (as determined by the Sponsor in its sole and absolute
discretion) will be deemed the potential Prize winner. The odds of winning depend on the number and
timing of eligible Responses submitted and received in accordance with these Rules during the Contest
Period.
8. WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact the
potential Prize winner email within five (5) business days of the end of the Contest Period. If the
potential Prize winner cannot be contacted within such time, or if there is a return of any notification as
undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if
disqualified, will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute
discretion to select the entrant who submitted the next earliest Response as an alternate potential Prize
winner (in which case the foregoing provisions of this section shall apply to such new potential Prize
winner).
9. WINNER CONFIRMATION PROCESS:
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential Prize winner: a) may,
upon the Sponsor’s request (as determined by the Sponsor in its sole and absolute discretion), be required
to sign and return the Sponsor’s form of declaration and release following the Sponsor’s instructions; and
b) will be required to correctly answer a mathematical skill-testing question without mechanical or other
aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or
other electronic means, by telephone, or in the Sponsor’s form of declaration and release). By accepting a
Prize, each confirmed winner: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of
a Prize (as awarded); (iii) releases the Contest Parties and each of their respective officers, directors,
employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from
any and all liability in connection with this Contest, his/her participation therein and/or the awarding and
use/misuse of the Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other
use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness
without further notice or compensation, in any publicity or advertisement carried out by or on behalf of
the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet; and (v)
agrees that, in the event the confirmed winner provides any type of testimonial, endorsement or other type
of representation regarding his/her experience with the Prize, such representation will include the
following hashtag: #GotItFree. If the selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails, upon the Sponsor’s request, to return the properly executed Contest documents within
the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason;
and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and
absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified
(and, if disqualified, will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and
absolute discretion to select the entrant who submitted the next earliest Response as the new potential
Prize winner (in which case the foregoing provisions of this section shall apply to such new potential
Prize winner).
10. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the
Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of
appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Responses
and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and
conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF
THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND
ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any
technical malfunction or other problems of any nature whatsoever, including, without limitation, those
relating to the telephone network or lines, computer on-line systems, servers, access providers, computer
equipment or software; (iii) the failure of any Response or other information to be received, captured or
recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion
on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer
or other device related to or resulting from participating in the Contest; and/or (v) any combination of the
above.
In the event of a dispute regarding who submitted a Response, the Sponsor reserves the right, in its sole
and absolute discretion, to deem the Response to have been submitted by the authorized account holder of
the email address submitted at the time of entry. “Authorized account holder” is defined as the person
who is 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. An entrant may be required to provide proof (in a form
acceptable to the Sponsor – including, without limitation, government issued photo identification) that
he/she is the authorized account holder of the email address associated with the Response in question.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des
jeux (the “Régie”) in Quebec, 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.
Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest
in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and
civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and
damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, 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.
If due to printing, production, online, internet, computer or other error of any kind, more Prizes are
claimed than intended to be awarded according to these Rules), or in the event that due to such error, a
valid prize claim is revealed, making the number of valid Prize claims greater than the number of Prizes
available under these Rules (at any prizing level), the Sponsor reserves the right (subject only to the
approval of the Régie) to hold a random draw from amongst all eligible Prize claimants (as determined by
the Sponsor at its sole and absolute discretion on the basis of its official records) to award the correct
number Prizes (as stated in these Rules). In no event will the Sponsor be liable for more than the stated
number of Prizes in these Rules.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be
submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the
awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a
settlement.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives,
storing, sharing and using the personal information submitted with his/her Response only for the purpose
of administering the Contest and in accordance with Sponsor’s privacy policy (available at:
http://edgewell.com/privacy-policy-ca/). 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.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, 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 Response 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.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules
and disclosures or other statements contained in any Contest-related materials, including, but not limited
to: the Website, French version of these Rules, and/or point of sale, television, print or online advertising;
the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent
permitted by law.
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