Smart Solutions General Contest Rules
GENERAL RULES TO DESIGNATED SOCIAL MEDIA CONTESTS
These General Rules (the “General Rules”) shall apply to certain contests of Sponsor, where the Specific Rules of such Contest incorporate these General Rules by reference. As used in these General Rules, the term “Specific Rules” means all the specific provisions of the Contest Rules that apply to only a specific contest and are stated in a separate document. The term “Contest Rules” collectively refers to the Specific Rules and the General Rules. As used in these General Rules, the term “Sponsor” means the entity so designated in the Specific Rules.
In these General Rules, in addition to other terms defined elsewhere herein, the terms beginning with a capital letter are ascribed the meanings set out in the Specific Rules.
(Continued from Specific Rules.)
- DISQUALIFICATION:Sponsor reserves the right in its sole discretion to disqualify at any time, any Entrant, winner or other person from participating in the Contest and any future Contest or other promotion conducted by Sponsor, for any reason, including, but not limited to, that it finds or believes to be violating these Contest Rules or tampering with or abusing any aspect of this Contest or the operation of the Website or any other Sponsor-hosted website, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In the event it is determined that an Entrant has entered in a fashion not sanctioned by these Contest Rules, the Entrant may be disqualified, and all of the Entries submitted by the Entrant may be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
- TAXES:Liability for any applicable taxes imposed by any federal, provincial/state and/or local government, on any prize won, is the sole responsibility of winner.
- RELEASES:Before being declared official winner(s), selected Entrant(s) will be required to sign a Declaration of Compliance with the Contest Rules and a Publicity/Liability Release, thereby confirming compliance with the Contest Rules and acceptance of the prize as awarded, and releasing Sponsor, its affiliates, subsidiaries, parent and related companies, agents, advertising and promotional agencies, the independent contest organization and all of their respective directors, officers, shareholders, owners, partners, employees, participating retailers, agents, servants, representatives, successors and assigns (collectively the “Releasees”) from any actions, causes of action, suits, debts, claims, demands and liability whatsoever in connection with this Contest, the prize, or the acceptance and/or use of any prize, or arising out of winner's participation in this Contest. Selected Entrant must complete and return Declaration and Release documents to Sponsor within five (5) business days of the sending of the email containing said documents to be signed, regardless of when they are received. If the requisite documents are not duly signed and returned within this five (5)-business-day period, then the prize will be forfeited and said Entrant will have no recourse towards the Sponsor or other Releasees. Contest Sponsor reserves the right to randomly select another Entrant from among all eligible entries received during the Contest Period, at Sponsor’s discretion. Once all documents have been verified by Sponsor, selected Entrant will be officially declared a Contest winner and will receive a prize.
- PUBLICITY, USE OF REGISTRATION INFORMATION.By entering the Contest, each Entrant consents to the use of his or her personal information for the purposes of administering the Contest and awarding the prizes. By accepting a prize, winner consents to the use and publication of his/her name, address (city and province), voice, statement and photograph or other likeness, without further compensation, in any promotion, publicity or advertisement carried out by or on behalf of Sponsor in connection with the Contest, in any manner whatsoever including but not limited to print, broadcast or on the Internet.
- DISCLAIMERS AS TO ENTRIES:All Entries become the property of Sponsor, and none will be returned. Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered, or tampered with in any way. Without limiting the generality of the foregoing, Releasees are not responsible for any such Entries or for lost, late, stolen, misdirected, incomplete, damaged, destroyed, or non-delivered submissions and/or Entries or other errors of any kind in connection with this Contest, such as but not limited to any human error or technical or technological error or issue that might prevent the Sponsor from generating or awarding the Entries. The Releasees will not be liable for any prejudice, damages or inconvenience suffered by anyone, namely the Entrants and winners, in connection with their entry in, their exclusion or disqualification from the Contest or in connection with the award or use of the prizes. Any use of automated devices is prohibited. In the event of a dispute regarding eligibility, the submission of an entry, exclusion or disqualification, all decisions of the Sponsor shall be final.
- FURTHER DISCLAIMERS:Without limiting the scope of any other provision of these Contest Rules, namely that of the release provided in Paragraph 11 (Releases) above, and for greater certainty, Releasees will not be held liable for: a) any incomplete or inaccurate information, whether caused by Entrants or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of entries; b) the theft, destruction or unauthorized access to, or alteration of, entries or the Contest equipment; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs, including interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entries or other information or the failure to capture, or loss of, any such information; d) any failure of any e-mail to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; or e) damage to an Entrant’s or other person’s system or device occasioned by participation or downloading of materials in this Contest.
- In the event any portion of this Contest is compromised in any way, by virus, bugs, non-authorized human intervention or any other causes beyond the control of Sponsor, which in Sponsor’s opinion, prevents the Contest from running as planned; or should any error or other event result in more than the stated number of prizes of any category being claimed; thenSponsor reserves the right, in its sole discretion, subject to applicable law (namely to obtaining the approval of the Régie des alcools, des courses et des jeux for the province of Quebec, if Contest is conducted in Quebec), to amend, cancel, suspend, or terminate the Contest at any time. In such event, Sponsor reserves the right to randomly select winner(s) and award any remaining prizes, from all eligible entries received during the Contest Period up to the point of early termination, the award of which shall be in accordance with these Contest Rules, but subject to the necessary adaptations due to the circumstances. In no event will more prizes be awarded than as provided in these Contest Rules. In Quebec, any termination will be subject to the approval of the Régie des alcools, des courses et des jeux.
- QUEBEC RESIDENTS (APPLICABLE WHEN CONTEST IS CONDUCTED IN QUEBEC):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 Régie only for the purpose of helping the parties reach a settlement.
- Any attempt by an Entrant or anyone to damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor may refer anyone suspected of doing so to the competent law enforcement authorities and reserves the right to claim damages from any such person to the fullest extent permitted by law.
- SOCIAL MEDIA.This Contest is made independently from any social media. Without limiting the generality of the foregoing, this Contest in no way sponsored, endorsed, administered by, associated, or made in partnership with any social media, such as Facebook or Instagram. By entering, Entrants understand that they are providing their information to Sponsor and not to a social media like Facebook or Instagram, and that any questions, comments, or complaints regarding the Contest itself, must be directed to Sponsor, and not such social media.
- PRECEDENCE:In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and those contained in disclosures or other statements in any Contest-related materials (including, but not limited to the Contest entry form and/or point of sale, television, print or online advertising), the terms and conditions of these Contest Rules shall prevail, govern, and control.
- DISPUTE RESOLUTION:If a dispute arises regarding who submitted an on-line Entry, the Entry will be deemed to have been submitted by the authorized account holder, defined as the natural person who is assigned an e-mail address by an Internet service provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the Entry. Except where prohibited by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any 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 actual out-of-pocket expenses incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and Entrant waives any and all rights to have damages multiplied or otherwise increased. WHERE CONTEST IS CONDUCTED IN QUEBEC, all issues and questions involving a Quebec Entrant, concerning the construction, validity, interpretation and enforceability of these Contest Rules, or the rights and obligations of a Quebec Entrant entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Quebec, Canada, without giving effect to any choice of law or conflict of law rules (applicable in Quebec or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the province of Quebec. WHERE CONTEST IS CONDUCTED IN ROC ONLY OR IN CANADA, all issues and questions involving a ROC Entrant, concerning the construction, validity, interpretation and enforceability of these Contest Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada, without giving effect to any choice of law or conflict of law rules (applicable in Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the province of Ontario.
- CONTEST GENERAL RULES: This Contest is subject to all applicable federal, provincial, and municipal laws and/or regulations and every action taken by an Entrant in conjunction with the Contest must comply with these laws and regulations. This Contest is void where prohibited or restricted by law.