OFFICIAL CONTEST RULES
THE PIRANHA 3DD (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
To be eligible for this Contest, an individual must:
a. be a legal resident of Canada, excluding residents of Quebec;
b. be of the age of 21 or older at the time of entry; and
Employees of Heavy, Inc. (the “Sponsor”), Alliance Films Inc. (“Alliance”), and Toshiba Canada Inc. (“Toshiba”), (collectively the “Contest Parties”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
No purchase necessary. Contest begins on May 15, 2012 and ends June 3, 2012 at 12:00am EST (the “Contest Period”).
HOW TO ENTER:
There is a limit of one (1) Entry per person/email address permitted during the Contest Period. If it is discovered that you attempted to enter more than one (1) time per person/email address during the Contest Period, then all of your entries will be void. Entries will be rejected if: (a) entry form is not fully completed and submitted during the Contest Period; or (b) if the Entry does not conform to the specific requirements listed below. Without limitation, the Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.
By submitting an entry, the entrant agrees that the Entry complies with all conditions stated in these Rules. The contest parties will bear no legal liability, expressed or implied, regarding the use of the Entry by the CONTEST PARTIES and the CONTEST PARTIES SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.
Any Entry that the Sponsor and/or the Contest Parties deem, in its/their sole discretion, to violate the terms and conditions set forth in these Rules may be disqualified. By entering the Contest and submitting the Entry, each entrant: (i) grants to the Sponsor and Contest Parties, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry, 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 Entry in favour of the Sponsor and Contest Parties; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to modify, edit or disqualify any Entry, or to request an entrant to modify or edit his or her Entry, to ensure the Entry complies with these Rules, or for any reason.
There will be One (1) Grand Prize available to be won. The Grand Prize consists of One (1) Toshiba TL515 series Passive 3D television provided by Toshiba consisting of: (i) immersive 3D with easy-to-use polarized RealD™ 3D glasses; (ii) 2D images in 3D with TriVector 2D to 3D conversion and (iii) Clearscan™ 240Hz for a smoother viewing experiences. Perfect for sports or action film fans! Approximate retail value of the Grand Prize is $1399.00. The Grand Prize must be accepted as awarded without substitution and are not transferable/not refundable, not for resale and have no cash surrender or redemption value. The Sponsor and Contest Parties reserve the right, in their sole discretion, to substitute a prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason. The Sponsor and Contest Sponsor reserves the right, in its/their sole discretion, to substitute another prize of equal or greater value for all or any component of the Prizes, without liability, in the event that the Prizes or any component of the Prizes cannot be awarded as described for any reason.
Winners shall be selected as follows:
a. On June 5, 2012 the Grand Prize winner will be selected by a random draw from all eligible entries received during the Contest Period. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor and Contest Parties. Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with these Contest Rules and sign and return the Release (described below).
b. THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN JUNE 8, 2012 AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Contest Parties within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Contest Parties’ sole discretion. The Contest Parties are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
c. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
Winner and Guest (if winner is accompanied) will be required to execute a legal agreement and release (“Release”) that confirms Winner’s and Guest’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Contest Parties and their respective parent companies, subsidiaries, affiliates, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Contest Parties of the unrestricted right, in the Contest Parties collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guest’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT:
By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
By entering the Contest, each entrant agrees to the use of their 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 the Contest Parties in any manner whatsoever, including print, broadcast or the Internet.
Without limitation, the Contest Parties will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Contest Parties will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.
In the event of a dispute regarding who submitted an entry, online entries will be deemed 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 that he/she is the authorized account holder of the email address associated with the selected entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid on line entry in this contest will be the Contest server machine(s).
The Sponsor reserves the right to withdraw or amend this Contest in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest 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 reserves the right to cancel or suspend this Contest, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind.
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 Entries.
The Sponsor reserves the right to cancel or suspend this Contest, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind.
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.
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