2019 iAdopt Canada’s Cutest Pet Contest
Rules and Regulations
1. ENTRANT ELIGIBILITY: To become an entrant (the “Entrant(s)”) and be eligible to win the Grand Prize and the Secondary Weekly Prizes, a person must, at the time of entry into the Contest and at the time of awarding the Grand Prize and the Secondary Weekly Prizes (as applicable): (a) have shared a picture of their adopted pet to our contest gallery; (b) be an individual legal resident of Canada; (c) be located in Canada; (d) be of the age of majority in his/her province or territory of residence; and (e) not be an employee of the Ontario SPCA.
2. CONTEST PERIODS: The Contest commences at 12:00:01 AM (ET) on November 12, 2019 and will end at 11:59:59 PM (ET) on December 16, 2019 (the "Contest Period"). All Submissions must be received during the Contest Period by no later than 11:59:59 PM (ET) on December 16, 2019 (the " Contest Closing Date ").
3. HOW TO BECOME AN ENTRANT: To become an Entrant, you must ensure that you: (i) conform to the eligibility requirements outlined in Rule 1 above; and (ii) are willing and able to comply with the steps outlined below.
- a. Enter to win the Grand Prize by submitting a photo of your pet at iadopt.ca, and specifying the participating society you wish to support if you win, between Nov 12 – Dec 16, 2019 (the “Entry”).
- b. Enter to win Weekly Prizes by posting a picture of your adopted pet directly to our Photo Gallery at iadopt.ca. To be eligible, your Entry must be received within the Contest Period and your Photo (Submission”) must be in accordance with the specific Submission Requirements listed below.
4. LIMIT OF NUMBER OF ENTRIES: For the Grand Prize and Weekly Prizes, there is a limit of one (1) Entry per person during the Contest Period.
Entrants may use only one (1) e-mail address to enter and any Entries generated by script, macro, robotic, programmed, or any other automated means or by any other means which in the opinion of the Sponsor in its sole and absolute discretion subvert the entry process are void. If it is discovered that any person has attempted to submit one or more Entries otherwise than in accordance with these Rules, all Entries submitted by that person are subject to disqualification in the sole and absolute discretion of the Sponsor. In the event of a dispute as to who submitted an Entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) of being the authorized account holder associated with the selected Entry. Proof of transmission (screenshots or captures etc) does not constitute proof of delivery. Submissions generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Releasees (defined below) will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete Entries, all of which will be void.
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 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 Contest server machine(s).
All Submissions (and each component thereof) must be in “good taste” and must not be offensive, as determined in the sole and absolute discretion of the Sponsor. For greater certainty, only the potential Entrants who submitted a Submission (as outlined above) will be eligible to win.
5. SUBMISSION REQUIREMENTS: Submissions (and each component thereof) cannot defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person's, entity's or organization's personal or proprietary rights, including, but not limited to, intellectual property rights. Any Entrant whose Submission includes the name, image, picture or likenesses of a third party or element not owned by the Entrant, such as, but not limited to, depictions of buildings, trade-marks or logos, (the "Third Party Elements") must be able to provide legal releases for unrestricted use of all Third Party Elements by the Sponsor in a form satisfactory to the Sponsor at the time of prize notification otherwise the Grand Prize will not be awarded in respect of that Submission. Upon submission of a Secondary Prize Submission, each Entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, 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 Submission 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. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion at any time during the Contest, to modify, edit or remove any Submission, or to request an entrant to modify or edit his/her Submission, if a complaint is received with respect to the Submission, or for any other reason. Submissions will NOT be judged.
By participating in the Contest, each Entrant agrees to be bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Submission:
- i. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer and the other people in the Photo) in and to the Submission (and all components thereof) to enter the Contest;
- ii. does not violate any law, statute, ordinance or regulation;
- iii. does not contain any reference to or likeness of any identifiable third parties;
- 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 for payment whatsoever; and
- v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, 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 or religious 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 (e.g. any clothing worn and/or products appearing in your Photo must not contain any visible logos, trade-marks or other third party materials (note: all identifiable third party products, trade marks, brands and/or logos must be blurred out); conduct or other activities in violation of these Official 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.
6. SUITABILITY FOR PUBLICATION: The Sponsor reserves the right to reject any Submission if in the sole opinion of the Sponsor acting in its absolute discretion, the Submission (or a component thereof) would be inappropriate, dangerous or would violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Sponsor to law suits, (for example by containing any commercial content that promotes any product or service other than those of the Sponsor), embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavourably on the Sponsor or any of their products or services. In any such case, the corresponding Entry will be disqualified and the Entrant is subject to disqualification.
7. THE PRIZE: There is one (1) Grand Prize available to be won. The Grand Prize consists of a $500 PetSmart gift card for the individual, and a $500 gift card towards the iAdopt participating society of their choice. The winner will be selected based on highest number of votes.
There are four (4) Secondary Weekly Prizes available to be won. Each week during the Contest Period, one (1) winner will be randomly selected from all photo entries received that week. They will be sent a pet prize pack consisting of various pet related products.
(i) The Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash and cannot be sold; (ii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prizes or any component thereof; and (b) substitute the Prizes or a component thereof for any reason with a prize or a prize component of equal or greater value, (iii) by accepting the Prizes, the winner agrees to waive all recourse against the Releasees (defined below) if the Prizes or a component thereof does not prove satisfactory, either in whole or in part.
8. THE DRAW: The one (1) Grand Prize winner will be selected based on highest number of votes from all Grand Prize entries received during the contest period. The four (4) Secondary Prize winners will be randomly selected. Each week, during the contest period, one winner will be randomly selected from all photo entries received that week. The winners for the weekly prizes will be selected on the Tuesday following each week of the contest. The Grand Prize winner will be awarded based on number of votes, on December 17, 2019. The odds of winning either the Grand Prize or one of the Secondary Prizes, depends on the total number of eligible Entries received in accordance with these Rules. The Sponsor or its designated representative will make a maximum of three (3) attempts to contact the selected entrant through email (using the information provided at the time of entry) or the social media account from which they entered from, within fifteen (15) business days of selection. If the selected entrant cannot be contacted within the maximum three (3) attempts or fifteen (15) business days of the selection (whichever occurs first), or if there is a return of any notification as undeliverable; then that selected entrant will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected Entrant).
In order to be declared the confirmed winner of the Grand Prize, the selected entrant will be required to: (a) sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize as awarded; (iii) releases the Releasees (defined above) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof; and (iv) 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. If the selected entrant: (a) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the Grand Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new selected Entrant).
9. GENERAL: The Releasees do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of any information; (ii) Submissions which fail to comply with these Rules; (iii) any loss, damage, or claims caused by the awarded Grand Prize or the Contest itself; (iv) any failure of the Website or Application during the Contest Period, including any problems, human or technical error, printing errors, lost, delayed, garbled data or transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail; or on-line entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant's or any other person's computer or other device related to or resulting from downloading any material in the Contest, all of which may affect a person’s ability to participate in the Contest; or (v) any other matter whatsoever. Submission that has been tampered with or altered are void.
10. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with: (i) the laws of the Province of Ontario and construed in accordance with the Federal, Provincial, and Municipal laws applicable therein in respect of residents of the other Canadian provinces and territories, without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. THE GRAND PRIZE IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER BY SPONSOR OR THE PRIZE PROVIDER, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR INTENDED PURPOSE. All product warranty claims are the obligation of the manufacturer.
11. 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, Entry or Submission 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.
12. CONSENT TO USE PERSONAL INFORMATION: The Sponsor respects your right to privacy. To view the Sponsors privacy statement, visit http://www.ontariospca.ca/privacy-statement.html . By participating in this Contest, you expressly consent to the Sponsor, its agents and/or representatives, storing, sharing and using your personal information only for the purpose of administering the Contest and in accordance with Sponsor’s Privacy Statement, unless you otherwise agree.
13. 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, Website, Application, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.
14. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy statement (see above) unless you otherwise agree. Facebook is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook.