CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
1. CONTEST PERIOD:
The Rick Hansen Mobility Dream Contest (the “Contest”) begins on August 24, 2011 at 12:00:01 a.m. Eastern Time (“ET”) and ends on May 22, 2012 at 11:59:59 p.m. ET (the “Contest Period”).
2. ELIGIBILITY:
Contest entry is open to all legal residents of Canada who have reached the 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 domiciled, whether related or not) of Honda Canada Inc. (the “Sponsor”), The Rick Hansen Foundation, their respective affiliates, prize suppliers and advertising/promotion agencies (collectively, the “Contest Parties”).
3. HOW TO ENTER:
NO PURCHASE NECESSARY. During the Contest Period, designated representatives of the Sponsor will be attending at events (the “Event(s)”) in relation to the Rick Hansen Relay (the “Relay”) throughout Canada. For more information on Relay dates, times and locations, please see: www.RickHansenRelay.com To enter, there will be designated entry devices (the “Device(s)”) at each Event where you will be required to follow the on-screen instructions to: (i) enter your first name, last name, date of birth, telephone number and valid email address; (ii) write (in the space provided) your Mobility Dream (the “Dream”), which must discuss a project or initiative designed to improve mobility and/or accessibility for themselves and/or their community (the “Theme”); (iii) indicate that you are over the age of majority in your province/territory of residence; and (iv) indicate that you have read, accept and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Once you have fully entered all required information (including writing your Dream in the space provided), follow the on-screen instructions to complete your entry (the “Entry”). To be eligible, your Entry must be received within the Contest Period at an Event (via a Device) and your Dream must be in accordance with the specific Submission Requirements listed below in Rule 4.
There is a limit of one (1) Entry per person/email address permitted during the Contest Period (regardless of the number of Events attended). For greater certainty, you can only use one (1) email address to enter the Contest. If it is discovered that any person has attempted to: (i) obtain more than one (1) Entry per person/email address during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor): (i) all required information (including your Dream) is not provided and submitted during the Contest Period in accordance with these Rules; (ii) your Dream is not in accordance with the specific Submission Requirements listed below in Rule 4; and/or (iii) your Dream does not reflect the Theme (as determined by Sponsor in its sole and absolute discretion). Use (or attempted use) of multiple names, identities, email addresses and/or any automated or other system to enter or otherwise disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.
All Entries are subject to verification at any time. 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) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Sponsor’s official clock.
4. SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY (OR A COMPONENT THEREOF). THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, the Dream you submit must: (i) be no more than 225 characters and written in the space provided on the Device; (ii) be unique and original; and (iii) be written in English or French.
By participating in the Contest, each entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Entry (and each component thereof, including, without limitation, the Dream):
i. is original to him/her and that the entrant has all necessary rights in and to the Entry to enter the Contest;
ii. does not violate any law;
iii. does not contain any reference to any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
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 whatsoever; and
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (and each component thereof, including, without limitation, the Dream), 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 (and each component thereof, including, without limitation, the Dream) in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and 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 that relate in any way to the Entry (and/or a component thereof, including, without limitation, the Dream). For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the Contest, to disqualify any Entry and/or entrant for any reason.
5. THE PRIZE AND APPROXIMATE RETAIL VALUE:
There will be one (1) prize available to be won consisting of Honda (in conjunction with RHF) making the confirmed winner’s Dream (as stated in his/her Entry) a reality, up to a maximum of $20,000 CAD (the “Prize”). For greater certainty, the confirmed winner will NOT receive any prize in this Contest. Instead, the intention is that Honda (in conjunction with RHF) will spend up to $20,000 CAD for the purpose of making the confirmed winner's Dream (as stated in his/her Entry) a reality. To this end, Honda will have final approval over all aspects of the actual implementation of the confirmed winner’s Dream. For greater certainty, the confirmed winner will have no rights of approval. The Releasees (defined below) accept no responsibility and/or liability in relation to any aspect of the confirmed winner’s Dream and/or the implementation thereof, in whole or in part, using the Prize or a portion thereof.
6. WINNER SELECTION PROCESS (JUDGING – ONE WINNER):
A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge all eligible Entries on the basis of the following weighted criteria:
Criteria
|
Weighting
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Feasibility: How feasible is it that the Dream can be implemented within the $20,000 budget?
|
33%
|
Merit: Does the Dream have merit? Would it help improve mobility?
|
33%
|
Benefit: Would the Dream (if implemented) benefit people in terms of improving mobility?
|
34%
|
Total Score
|
Maximum 100%
|
Each Entry will be given a score (the “Score”) by the Contest Judges. Odds of being selected as the eligible Prize winner depend on the number and calibre of eligible Entries received in accordance with these Rules. The eligible entrant associated with the top Entry based on total Score (as determined by the Contest Judges, in their sole and absolute discretion) will be selected as the eligible Prize winner. In the event of a tie between two or more eligible Entries based on total Score, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on benefit will be deemed to be the eligible Prize winner. Judging is scheduled to be completed on or about June 4th, 2012 (the “Selection Date”).
The Sponsor, or its designated representative(s) will make a maximum of three (3) attempts to contact the eligible Prize winner by telephone or email (using the information provided at the time of entry) within 5 business days of the end of the Selection Date. If the eligible Prize winner cannot be contacted within three (3) attempts or 5 business days as outlined above (whichever occurs first), or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible entrant based on the next highest Score in accordance with these Rules to be the eligible Prize winner (in which case the foregoing provisions of this section shall apply to such new eligible Prize winner).
BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, the eligible Prize winner must sign and return within 3 business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) agrees to release the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest and/or his/her participation therein; (iv) assigns all intellectual property, including copyright, in and to his/her Entry (and each component thereof, including, without limitation, the Dream) and waives his/her moral rights therein in favour of the Sponsor; (v) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (and each component thereof, including, without limitation, the Dream), including, without limitation, any claim that his/her Entry (or a component thereof, including, without limitation, the Dream), infringes a proprietary interest of any third party; (vi) 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 whatsoever, including print, broadcast or the internet; and (vii) agrees to proof (upon request and in a form acceptable to the Sponsor – including, without limitation, copies of the statement from the pre-paid credit card) that the Prize has, in fact, been used for the purpose of making his/her Dream (as stated in his/her Entry) a reality. If the eligible Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible entrant based on the next highest Score in accordance with these Rules to be the eligible Prize winner (in which case the foregoing provisions of this section shall apply to such new eligible Prize winner).
6. GENERAL CONDITIONS:
All Entry materials become the property of the Sponsor. 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 and/or entrants.
The Releasees will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) 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; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, 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 (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 selected Entry, and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
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 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 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, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
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 the prize may be submitted to the Régie 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 Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://honda.ca/privacy), unless the entrant otherwise agrees.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of technical 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.
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 Contest entry form, 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.