YD DRIVE SAFE CONTEST - "The Young Drivers of Canada Drive Safe” Official Rules (the “Rules”)
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. BY PARTICIPATING IN THIS PROMOTION EACH ENTRANT FULLY AND UNCONDITIONALLY AGREES TO AND ACCEPTS THESE OFFICIAL RULES AND DECISIONS OF SPONSOR WITHOUT ANY PAYMENT OR FURTHER CONSIDERATION.
Contest DESCRIPTION: The Young Drivers of Canada Drive Safe Contest (the “Contest”) begins on Tuesday, December 6th, 2016 at 12:01 a.m. Eastern Standard Time (“EST”) and ends on Saturday, December 31st, 2016 at 11:59p.m. EST (the “Contest Period”), provided that all dates are subject to change. Entry in this Contest does not constitute entry into any other promotion, contest or Contest. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Young Drivers of Canada (the “Sponsor”), whose decisions shall be final and legally binding in all respects.
1. BINDING AGREEMENT:
In order to enter the Contest, you as the “Entrant” must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Sponsor with respect to the Contest.
This Contest is VOID where prohibited by law and open to those who are sixteen (16) years of age or older resident in all Provinces of Canada with the exception of the Province of Quebec, at the time of entry, and if under 18 years of age have obtained a parent’s or legal guardian’s prior permission. Minors who enter must have the written consent of a parent or legal guardian in order to be eligible to receive any prizes. Employees, officers, and directors of Sponsor, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and Contest agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors, are ineligible to participate in this Contest. All eligibility is subject to all federal, provincial, and local laws and regulations. Contest is void outside of Canada, and where prohibited by law.
3. HOW TO ENTER:
NO PURCHASE NECESSARY TO ENTER OR WIN. During the Contest Period, you can enter the Contest by completing the form on the https://www.yd.com/Contests page (the “Entry Form”). Entries received without a completed Entry Form or without a parent’s or legal guardian’s permission will be disqualified.
Limit: One (1) entry per person per email address, provided that should Sponsor determine that a viral entry process would benefit the objective of the promotion multiple entries will be permitted with or without viral sharing encouragements.
Entry Requirements: Answers to the questions in the Entry Form including any supporting images, photos and/or videos (the “Answers”), must meet the following criteria (“Requirements”):
Must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest;
Must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, provincial, or local laws and regulation including the laws or regulations in any jurisdiction(s) where the Answers or any part thereof were created;
Must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion;
Must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity for which rights to use have not been obtained;
Cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights;
Submitted Answers or any part thereof is/are not the subject of any actual or threatened litigation or claim;
Do not include any disparaging remarks relating to the Sponsor or a third party; and,
Any submitted image, photo or video is viewable.
During the Contest Period, the Sponsor and/or its agents (the “Judges”) will be evaluating the Answers to ensure that they meet the Contest Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits Answers that do not meet the Contest Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification. Decisions of the Judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize, then Sponsor reserves the right to award the prize to another Entrant.
Entries made by any other individual or any entity, including but not limited to commercial Contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor in its sole discretion, to have been submitted in this manner will be void. The YD.com website hosting computer will be the official timekeeper for all matters related to this Contest. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an internet access/service provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential prize winner may be required to show proof of being the Authorized account holder. Machine or computer-generated mass entries will be disqualified. Any submission not received and not meeting the aforementioned criteria will be disqualified. Sponsor accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of submission does not constitute proof of entry. All entries submitted are the property of the Sponsor.
4. PRIZES/ODDS/ ENTRY DATES/DRAWING DATES:
Only the prize(s) listed below will be awarded in this Contest. Odds of winning depend on the total number of valid entries received divided by the number of prizes available to be won.
One (1) prize of a Full Young Drivers Defensive Driving Program, which includes in-class and in-car lessons.
Prize Notes: No travel or accommodations are included. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Prize is non-transferable, holds no cash value and cannot be extended. In the event a prize winner and/or his or her guest(s) engages in behaviour that, as determined by Sponsor in their sole discretion, is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate the experience in whole or in part, with no further compensation. All gratuities, taxes, incidental expenses and any other expenses not specified herein are the sole responsibility of the prize winner.
A prize will be awarded only if the potential prize winner fully complies with these Rules. Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value, in whole or in part, if any prize listed is unavailable, in whole or in part, for any reason.
5. WINNER SELECTION DATES AND NOTIFICATION:
Becoming a winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. At the end of the Contest Period the Sponsor shall randomly choose an Entry Form from all eligible entries received during the Contest as a potential prize winner. Conduct of the Contest and the drawing are under the supervision of the Sponsor. A potential prize winner will be required to answer a time-limited mathematical skill testing question, without any mechanical assistance or another individual, in order to be eligible to receive the prize or the prize will be forfeited. There will be only one opportunity to answer the mathematical skill-testing question. A potential prize winner who provides an incorrect answer will no longer be eligible to win a prize in this Contest. Potential prize winner will be notified in person and/or by phone and/or by email notification, whichever is deemed appropriate by the Sponsor, using the contact information provided at the time of entry, and shall be required to provide within thirty (30) days from the date of notice or attempted notice a completed Affidavit of Eligibility and Liability and Publicity Release (as sent by Sponsor), as well as provide any additional information that may be required by Sponsor (the “Release”). With respect to notification by telephone, such notification will be deemed given when the potential finalist/winner or potential finalist/winner’s parent or guardian engages in a live conversation with Sponsor or when a message is left on the potential finalist/winner’s voicemail service or answering machine by the Sponsor, whichever occurs first. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted, ineffective, or not received by any potential winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within one (1) day of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable, or he/she fails to sign and return the Release within the required time period, that potential prize winner will forfeit his or her prize and an alternate potential prize winner may be selected, provided that only a maximum of two alternate potential prize winners will be selected after which a prize will remain un-awarded. Entrant acknowledges that Sponsor is solely responsible for all matters related to the prize and agrees to look to Sponsor for resolution of all matters related thereto. If any potential prize winner cannot be contacted within one (1) day of the notification date and time, is found to be ineligible, or if he or she has not complied with these Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential prize winner may be selected as above. In the event the potential finalist/winner is a minor, his or her parent or legal guardian must sign the documents and return them as described herein within (3) days. If a selected entrant does not return their Release form within three (3) days, the entrant will be declared ineligible and another entrant will be selected. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Sponsor are final and binding. The procedure outlined above will be followed until the prizes in this Contest have been awarded.
6. GENERAL PRIZE RESTRICTIONS/CONDITIONS:
BY ENTERING, EACH Entrant AGREES for Entrant and for Entrant’s heirs, executors, and Sponsor: (A) to release and hold harmless the Contest Entities and their respective affiliates, parents, owners, franchisees, officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor which are binding and final. Sponsor, is solely responsible for provision of and all matters related to the Prize and for which Entrant releases all other Contest Entities from any and all liability related to the prize. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
7. PUBLICITY RELEASE:
Entry into the contest and/or acceptance of any prize constitutes the Entrant’s and prize winner’s permission for the Contest Entities to use the Entrant’s or prize winner’s Answers, name, photograph, image, likeness, voice, biographical information, statements and complete address, or parts thereof (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.
8. INTELLECTUAL PROPERTY RIGHTS:
As between Sponsor and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to their Answers, excluding Sponsor rights in Sponsor logo/trademark. As a condition of entry, Entrant grants Sponsor a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display their Attributes for any purpose, including display on the Sponsor website, without any attribution or compensation to Entrant. Entries will not be returned.
By entering the Contest, Entrant agrees to participate in any media or promotional activity resulting from the Contest as reasonably requested by Sponsor at Sponsor expense and agree and consent to use of their Attributes for any publicity purposes by Sponsor. Sponsor will contact Entrant in advance of any Sponsor-sponsored media request for interviews. The Entrant’s Attributes may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in their Attributes. Sponsor reserves the right to publish the Attributes of the Entrant on the YD.com website or through other media for publicity purposes.
10. WARRANTY AND INDEMNITY:
Entrant warrants that their Answers are their own original work and, as such, they are the sole and exclusive owner and rights holder of their Answers and that they have the right to submit such Answers in the Contest and grant all required licenses. Each Entrant agrees not to submit any Answers that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable provincial, federal, or local law. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Answers or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winner(s) in relation to the entry and participation in the Contest by Entrant.
Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the Entrant from the Contest.
12. DISQUALIFICATION/FORCE MAJEURE:
Sponsor reserves the right in its/their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, provincial or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the potential winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Rules will be awarded. If, for any reason, more bona fide potential winner(s) come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Rules, the potential winner(s), or remaining potential winner(s), as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision or part thereof is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision or part thereof were not contained herein.
13. LIMITATION OF LIABILITY:
The Released Parties are not responsible for, and Entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest and (vi) use of any prize. No more than the stated number of prize(s) will be awarded – in the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by random drawing to potential winner(s) among all legitimate, un-awarded, eligible prize claims.
14. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:
Under no circumstances shall the submission of Answers into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsor, or the Contest Entities. Entrants acknowledge that they submitted their Answers voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Sponsor or the Contest Entities and that no such relationship is established by Entrant’s submission of Answers under these Rules.
Except where prohibited, 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, and exclusively in and by courts located in the Province of Ontario, Canada, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, aggravated, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these 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 (whether of Province of Ontario, Canada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario, Canada, and for which the English version of these Rules shall be the sole governing interpretive version.
AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL AND PROVINCIAL TAX REPORTING. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or a representative for Sponsor or the relevant tax authority, all as determined by applicable law. The potential winner and finalists, and if the winner/finalist is a minor, their parents or legal guardians, are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternate potential winner.
17. WINNERS LIST:
To obtain the name of the winner(s), send a self-addressed stamped envelope to: The Young Drives of Canada Drive Safe Contest, 951 Rowntree Dairy Road, Woodbridge, Ontario Canada L4L 8Z5. All such requests must be received by January 31st, 2017.