PartSource Virtual Car Show
OFFICIAL CONTEST RULES
NOPURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE ORIMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED. Posting on Instagram requires a mobile deviceand therefore message and data rates may apply. Check with your carrier for additional information.
WINNERSWILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGNDOCUMENTATION, SUCH AS A RELEASE, WITHIN FIVE (5) BUSINESS DAYS, AS MORE FULLYDETAILED BELOW.
BYENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT,SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDESINDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOURRIGHTS AND REMEDIES.
The PartSourceVirtual Car Show Giveaway Contest (the “Contest”) is open to legal residents ofCanada (excluding Quebec) and shall be construed and evaluated according to thelaws of the province of Ontario and the federal laws applicable therein.Participants must be 18 years of age or older at time of entry. Void in wholeor part where prohibited by law. Entry in this Contest constitutes acceptance ofthese Contest rules (the “Contest Rules”).
1. SPONSOR: The Contestsponsor is PartSource, a division of Canadian Tire Corporation, Limited (the “Sponsor”)with its head office located at 336 Courtland Avenue, Vaughan, Ontario L4K 4Y1.This Contest is also administered by the Sponsor. ThisContest isin no way sponsored, endorsed or administered by, or associated with, Instagram,Inc. or Facebook, Inc. Any questions, comments or complaints must bedirected to the Sponsor, and not to Instagram, Inc. or Facebook, Inc.
2. ELIGIBILITY. To beeligible for this Contest, an individual must:
(a) be a legal resident of Canada (excludingQuebec);
(b) be 18 years of age or older at time ofentry; and
(c) have a valid Instagram account (asoutlined in Section 4(c)).
Employees of the Sponsor, its affiliates, subsidiaries,related companies, advertising and
promotional agencies, and the immediate family members(i.e.,parents, spouses, siblings, children, grandparents, step parents, step childrenand step siblings, and their respective spouses, and those living in the samehousehold, whether or not related) of any of theabove, are not eligible to participate in the Contest.
TheSponsor shall have the right at any time to require proof of identity and/oreligibility to participate in the Contest.Failure to provide such proof may result in disqualification. All personal andother information requested by and supplied to the Sponsor for the purpose ofthe Contest must be truthful, complete, accurate andin no way misleading. The Sponsor reserves the right, in its sole discretion;to disqualify any entrant should such an entrant at any stage supplyuntruthful, incomplete, inaccurate or misleading personal details and/orinformation.
3. CONTESTPERIOD.TheContest begins at 10:00 a.m. Eastern Daylight Time (“EDT”) on Wednesday, September 9, 2020and ends at 11:59 p.m. EDT on Thursday, October 9, 2020 (the “Contest Period”) after which time the Contest will be closed and no further entries shall beaccepted.
4. HOW TOENTER.
(a) There is no purchase necessary to enterthe Contest. Enter using the method of entry outlined below. No entries will beaccepted by any other means.
(ii) Tag @Partsource_Canada in the post.
(eachan “Entry”, collectively the “Entries”)
(b) Limit of one (1) Entry per person from a valid public Instagram accountduring the Contest Period. Only Entries who have satisfied the content and hashtagrequirements outlined above will be considered. Creation and use of multiple oralias Instagram accounts and/or any automated, macro,script, robotic or other system(s) or program(s) in order toexceed the limits on Entries permitted by these Contest Rules may result in thedisqualification of all Entries from such accounts as well as disqualificationof the entrant from the Contest.
(c) In theevent of a dispute regarding who submitted an Entry, the authorized subscriberof the Instagram account used to participate in the Contest at the time ofentry will be deemed to be the entrant. The authorized account subscriber isdefined as the natural person who is assigned an Instagram account that can beverified by the Sponsor. For further clarity, for the purpose of the ContestRules, “authorized account subscriber” of a valid Instagram account is defined asthe natural person who is assigned an Instagram account that is linked to anemail address by an internet access provider, on-line service provider, orother organization responsible for assigning email addresses for the domainassociated with the email address. The potential Winner(s) may be required toprovide the Sponsor with proof that they are the authorized account holder ofthe Instagram account and email address that is associated with the winningEntry. If an entrant opts to use his/her Instagram account via a wirelessmobile device (which is not required to enter the Contest), standard textmessaging and/or data rates may apply for each message sent or received. Wireless carriers’ rate plans may vary, andentrants should contact their wireless carrier for more information onmessaging rate plans and charges relating to participation in the Contest.Entrant also understands that mobile device service may not be available in allareas.
(e) You agree that the Sponsor may, at anytime, edit, modify or remove the Entry, in whole or in part, and may disqualifyan entrant from the Contest if the Sponsor believes, in its sole discretion,that the entrant has breached any of the representations and warranties madeabove including, without limitation, on the basis of concerns relating to therights of third parties, including but not limited to privacy, copyright,defamation, rights of personality, obscenity or hate speech.
(f) By submitting this Entry you, the entrant,confirm that you have obtained all required consent for use and publication ofthe Entry for the purpose of this Contest, from all individuals who appear inthe Entry being submitted.
(g) AllEntries become the sole property of the Sponsor and none will be returned forany reason.Bysubmitting the Entry, the entrant assigns to the Sponsor all of entrant’s right, title and interest, including copyright, in and tothe Entry, throughout the world in perpetuity.For greater certainty, the entrant acknowledges that, as a result of thisassignment, the Sponsor will have the exclusive and perpetual right to exploitthe Winners name, Instagram handle, photograph or likeness, andthe Entry in any media now known or laterdeveloped in whatever ways the Sponsor may determine in its sole discretion andto authorize others to do so. This includes, but is not limited to, the rightto reproduce, distribute, publish, exploit, display, communicate to the public bytelecommunication, transmit,broadcast and otherwise use and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, all without further obligation or compensationof any kind to the entrant. By submitting the Entry, the entrant waives all of its so-called “moral rights”that it may enjoy in any territory throughout the world in relation to the Entry. Upon request by the Sponsor,the entrant agrees that it shall sign (or cause tobe signed) all further documents or do (or cause to be done) all further actsand provide all reasonable assurances as may reasonably be necessary or desirableto give effect to the assignment of the entrant’s rights in the Entry.
(h) Entries must be received no later than theend of the Contest Period. Entries will be declared invalid if they are late,illegible, incomplete, damaged, irregular, mutilated, forged, garbled ormechanically or electronically reproduced. No communication or correspondencewill be issued with entrants except with those (1) selected for a prize; or (2)that have sent questions or other communication to the Sponsor in addition to makingan Entry.
(a) The prizes are hereafter referred to asthe “Prizes”, each a “Prize”.The confirmed PrizeWinners are hereafterreferred to as the “Winners”, each a“Winner”.
(b) There are four (4) Prizes available to bewon during the Contest Period, and consist of the following:
a. One (1) Chemical Guys Gift Pack with an approximate retail value (“ARV”) of ninety-nine dollars and ninety-ninecents ($99.99 CAD) ;
b. One (1) Simoniz Gift Pack with an ARV ofninety-nine dollars and ninety-nine cents ($99.99 CAD);
c. One (1) Meguiar’sGift Pack with an ARV of ninety-ninedollars and ninety-nine cents ($99.99 CAD); and
d. One (1) Mothers Gift Pack with an ARV ofninety-nine dollars and ninety-nine cents ($99.99 CAD)
Total ARV of the Prizes is three hundredninety-ninety dollars and ninety-six cents ($399.96 CAD).
(c) Winners are not entitled to the monetarydifference between the actual Prize value and stated ARV of the Prize, if any.
(d) The Prize will be distributed within business days after the Winner has been successfullycontacted, notified of his/her Prize and fulfilled the requirements set outherein.
(e) The Prize must be accepted as awarded andcannot be transferred, assigned, substituted or redeemed for cash,except at the sole discretion of the Sponsor. Any unused portion of a Prizewill be forfeited and have no cash value. The Sponsor reserves the right, inits sole discretion, to substitute a Prize of equal or greater value if thePrize(or any portion thereof)cannot be awarded for any reason.
(f) The Sponsor shall not assume any liabilityfor lost, damaged or misdirected Prizes.
Four (4)Winners shall be selected as follows:
(a) On Friday, October 10th, 2020 at approximately 12:30 p.m. EDT inToronto, Ontario, four (4) entrantswill be selected by a random electronic draw (using random.org which will generatea random number that will match up against a list of the eligible entrants) from all eligible Entries received during the Contest Period. The odds of beingselected as a potential Winner is dependent upon the number of eligible Entriesreceived by the Sponsor. Before being declared aWinner, the selected entrant shall be requiredto: (i) correctly answer, without assistance of any kind, whethermechanical or otherwise, a time-limited mathematical skill-testing question tobe administered during a pre-arranged email or direct message (ii) comply withthe Contest Rules, and (iii) sign and return the Confirmation and Release (describedbelow).
(b) The selected entrants will be notified by directmessage no later than 4:00 p.m. EDT on Sunday11th,2020. The Sponsor will make a minimum of three(3) attempts to contact the selected entrant by Direct Message within ten (10) business days of the draw date.Upon notification, the selected entrant must provide required information incompliance with these Contest Rules to the emailprovided in the notification, and the selected entrant’s response must be receivedwithin five (5) business days. If the selected entrant does not respondin accordance with the Contest Rules, he/she will be disqualified and will not receivethe Prize and another entrant may be selected, in the Sponsor’s solediscretion, until such time as an entrant satisfies the terms set out herein.The Sponsor is not responsible for the failure for any reason whatsoever of aselected entrant to receive notification or for the Sponsor to receive aselected entrant’s response.
(c) If, as a result of an error relating tothe entry process, drawing or any other aspect of the Contest, there are more selectedentrants than contemplated in these Contest Rules, there will be a random draw amongstall eligible Prize claimants after the Contest’s closing date to award thecorrect number of Prizes.
(d) POTENTIAL WINNERS ARE SUBJECT TOVERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNEROF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTILENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED ANDENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OFWINNING IN LIEU OF ITS VALIDATION PROCESS.
7. RELEASE.EachWinner will be required toexecute a release and waiver (“Confirmationand Release”) that confirms Winners:(i) eligibility for the Contest and compliance with these Contest Rules;(ii) acceptance of the Prize as offered; (iii) release of the Sponsor, CanadianTire Corporation, Limited, Facebook, Inc. and Instagram, Inc., and each oftheir subsidiaries, affiliates, related companies, employees, directors,officers, suppliers, agents, sponsors, administrators, licensees, representatives,advertising, media buying and promotional agencies (collectively, the “Releasees”) from and against any andall liability for any losses, harm, damages, costs or expenses arising out ofor in connection with participation in the Contest, participation in any Contest-relatedactivity or the acceptance, use, or misuse of any Prize, any breach of the ContestRules, including but not limited to costs, injuries, accidents, losses relatedto personal injuries, death, damage to, loss or destruction of property, rightsof publicity or privacy, defamation, or portrayal in a false light, or from anyand all claims of third parties arising therefrom; (iv) grant to the Sponsorthe unrestricted right, in the Sponsor’s individual discretion, to produce, reproduce,publish, broadcast, communicate by telecommunication, exhibit, distribute,adapt and otherwise use or re-use the Winners name, Instagramhandle, photograph or likeness, and the Entry, in any and all media now knownor hereafter devised, in connection with the Contest and the promotion andexploitation thereof; (v) assignment to the Sponsor all of Winners right, title and interest, including copyright in and tothe Entry, throughout the world in perpetuity and acknowledgment that, as aresult of this assignment, the Sponsor will have the exclusive and perpetualright to exploit the Entry in any media now known or later developed in whateverways the Sponsor may determine in its sole discretion and to authorize othersto do so, including without limitation, the right to reproduce, distribute,publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, allwithout further obligation or compensation of any kind to the Winner; (vi) waiver of all of Winners so-called “moral rights” that it may enjoy now or in thefuture in any territory throughout the world in relation to the Entry, to themaximum extent permitted by law; and (vii) acknowledgement that, upon requestby the Sponsor, Winner shall sign (or cause tobe signed) all further documents or do (or cause to be done) all further actsand provide all reasonable assurances as may reasonably be necessary or desirableto give effect to the assignment of Winners rights in the Entry.The executed Confirmation and Release must be returned within five (5) business days of theverification as a Winner or the selected entrant will be disqualified and thePrize forfeited.
8. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any losses, harm, damages, costs or expenses of any kind to the entrant or any other person, including but not limited to personal injury, death, damage to, loss or destruction of property, damage, rights of publicity or privacy, defamation, portrayal in a false light and third party claims resulting in whole or in part, directly or indirectly, from participation in the Contest, participation in any Contest related activity or the acceptance, possession, use or missuse of any Prize or any breach of the Contest Rules.
9. LIMITATION OF LIABILITY. TheSponsor assumes no responsibility or liability for: (a) lost, late, unintelligible/illegible,falsified, damaged, misdirected or incomplete Entries, notifications,responses, replies or any Confirmation and Release; (b) any computer, online,software, telephone, hardware or technical malfunctions that may occur, includingbut not limited to malfunctions that may affect the transmission or non-transmissionof an Entry; (c) any incorrect or inaccurate information, whether caused bywebsite users or by any of the equipment or programming associated with orutilized in the Contest or by any technical or human error which may occur inthe administration of the Contest; (d) any error, omission, interruption,deletion, defect, delay in operation or transmission, communications linefailure, theft or destruction or unauthorized access to, or alteration of,Entries; (e) any problems, failures or technical malfunction of any telephonenetwork or lines, computer online systems, servers, providers, computerequipment, software, email, players, or browsers, on account of technical problemsor traffic congestion on the Internet, at any website, or on account of anycombination of the foregoing; (f) any injury or damage to entrant or to anycomputer related to or resulting from participating or downloading materials inthis Contest or by the acceptance, possession, use, misuse, or failure to receizeany Prize. The Sponsor assumes no responsibility or liability in the event thatthe Contest cannot be conducted as planned for any reason, including those reasonsbeyond the control of the Sponsor, such as infection by computer virus, bugs,tampering, unauthorized intervention, fraud, technical failures, or corruptionof the administration, security, fairness, integrity or proper conduct of this Contestor the Contest Website.
10. CONDUCT. By participatingin the Contest, each entrant agrees to be bound by the Contest Rules, whichwill be made available online at <https://www.partsource.ca/pages/partsource-virtual-car-show>. [PJ12] Entrant further agrees to be bound by thedecisions of theSponsor, which shallbe final and binding in all respects. The Sponsor reserves the right, in itssole discretion, to disqualify any entrant found to be: (a) violating the ContestRules; (b) tampering or attempting to tamper with the entry process or the operationof the Contest; (c) violating the terms of service, conditions of use and/orgeneral rules or guidelines of any online Sponsor or Canadian Tire Corporation,Limited property or service; and/or (d) acting in an unsportsmanlike ordisruptive manner, or with intent to annoy, abuse, threaten or harass any otherperson. Caution: Any attempt to deliberately undermine the legitimate operationof the Contest may be a violation of criminal and civil laws. Should such anattempt be made, the Sponsor reserves the right to seek remedies and damages tothe fullest extent permitted by law, including but not limited to criminalprosecution.
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) Byparticipating in the Contest, entrant: (i) grants to the Sponsor the right touse his/her name, Instagram handle, photograph or likeness, email address, and theEntry for the purpose of administering the Contest, including but not limitedto contacting and announcing the Winner(s) grants to theSponsor the right to use his/her name, Instagram handle, photograph or likeness,and the Entry for Contest administration, publicity, and promotional purposesrelating to the Contest, in any and all media now known or hereafter devised, withoutfurther compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her name, Instagram handle, photograph or likeness, andthe Entryto third-party agents and service providersacting on behalf of the Sponsor in connection with any of the activities listedin (i) and (ii)above.
CTC’s PrivacyPolicy outlines its commitment to safeguarding Personal Information.
12. INTELLECTUAL PROPERTY. Allintellectual property, including but not limited to trade-marks, trade names,logos, designs, copyrights and any other intellectual property and tradesecrets contained in any materials including without limitation print, digitaland any other media is owned by the Sponsor and/or their affiliates, unlessotherwise stated. All rights are reserved. Unauthorized copying or other use ofsuch material without the express written consent of its owner is strictlyprohibited.
13. TERMINATION. TheSponsor reserves the right, in its solediscretion, to terminate the Contest, in whole or in part, and/or to modify,amend or suspend the Contest, and/or the Contest Rules in any way, at any time,for any reason without prior notice.
14. LAW. These are theofficial Contest Rules. The Contest is subject to applicable federal,provincial and municipal laws and regulations. The Contest Rules are subject tochange without notice in order to comply with any applicable federal, provincialand municipal laws or the policy of any other entity having jurisdiction overthe Sponsor. All issues and questions concerning the construction, validity,interpretation and enforceability of the Contest Rules or the rights andobligations as between the entrant and the Sponsor in connection with the Contestshall be governed by and construed in accordance with the laws of the provinceof Ontario including procedural provisions without giving effect to any choiceof law or conflict of law rules or provisions that would cause the applicationof any other jurisdiction’s laws. FURTHER,IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED ORENTITLED TO OBTAIN (AND HEREBY WAIVES ALL RIGHTS TO SEEK OR CLAIM) INJUNCTIVE,EQUITABLE, OR OTHER NON-MONETARY RELIEF OR AWARDS FOR PUNITIVE, INCIDENTAL ORCONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING LAWYERS’ FEES, OTHERTHAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), NOT TO EXCEED TENDOLLARS ($10), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIEDOR INCREASED.
15. LANGUAGE DISCREPANCY.In the event of any discrepancy orinconsistency between the terms and conditions of the Contest Rules anddisclosures or other statements contained in any Contestrelated materials, includingbut not limited to the Contest entry form, or point of sale, television, printor online advertising, the terms and conditions of the Contest Rules shallprevail.
16. SEVERABILITY. If anyterm or condition of the Contest Rules is invalid, illegal or unenforceable inany jurisdiction, such invalidity, illegality or unenforceability shall notaffect any other term or provision of the Contest Rules.
18. OFFICIAL RULES. These Official Rules are availableat https://www.partsource.ca/pages/partsource-virtual-car-show or by sending a self-addressed, stamped envelope to “PartSourceVirtual Car ShowGiveaway Contes – Rules Request,”Marketing Department - 336 Courtland Avenue, Vaughan, Ontario L4K4Y1. Limit one (1) request per outer envelope. Rules requests must be received during the Entry Period.
19. WINNERS LIST. To request a copy of the Contest Winnerslist, send a self-addressed, stamped envelope to “PartSource Virtual Car Show Giveaway Contest – Winners List Request,”Marketing Department - 336 Courtland Avenue, Vaughan, Ontario L4K 4Y12V8. Limit one (1) request per outer envelope.Requests for a copy of the Winner(s) list must be received byOctober30, 2020.
20. SPONSOR. The Sponsor of the Contest and the address at which the Sponsor may becontacted is PartSource,336 Courtland Avenue, Vaughan, Ontario L4K 4Y1. Reference to third parties in connection withthe Prize is for reference and identification purposesonly and not intended to suggest endorsement, sponsorship or affiliation withSponsor or the Contest.