BENCH “WIN A $500 SHOPPING SPREE” CONTEST
OFFICIAL CONTEST RULES AND REGULATIONS (“OFFICIAL RULES”)
NO PURCHASE NECESSARY
BENCH “WIN A $500 SHOPPING SPREE” Contest (the “Contest”) is sponsored by Freemark Apparel Brands TEC Inc. (the “Sponsor”). The Contest starts on Monday July 13, 2015 at 10 a.m. Eastern Time (ET) (the “Contest Opening Date”). The Contest closes at 11:59 p.m. ET on Sunday October 4, 2015, (the “Contest Closing Date”). The “Contest Period” runs from the Contest Opening Date to the Contest Closing Date.
Contestants must provide a valid email address and mobile phone number and consent to receiving electronic communications from the Sponsor including communications of a promotional nature.
The Contest is open to all individuals who are residents of Canada and who have reached the age of majority in the province or territory in which they reside and are not an employee of or domiciled with the Contest Sponsor or its affiliates companies, their advertising or promotional agencies thereof (collectively the “Contest Group”). By entering the Contest, entrants agree to abide by these Official Rules and all decisions of the Sponsor, which shall be final and binding on all entrants in all matters pertaining to the Contest. The Contest is governed by Canadian law and is subject to all applicable federal, provincial and territorial laws and regulations. The Contest is void where prohibited by law.
2. HOW TO ENTER:
HOW TO ENTER THE DRAW: Before the Contest Closing Date, visit one of our participating Bench stores (listed below) and either SCAN, TAP or TEXT the interactive contest stickers found throughout those stores with your mobile phone as instructed in order to be redirected to or to receive instructions on how to arrive to the contest registration web page and complete the online entry form by entering your name and other required information (ex. valid email address, valid mobile number, etc.). You must have a valid email address to enter the Contest. Email accounts can be obtained free of charge from many Internet service providers. Internet access can be obtained free of charge from many public libraries. Only one (1) email address and account may be used by any person to enter the Contest. Proof of sending an online entry is not proof of receipt by the Sponsor.
Participants may also enter by way to a shared contest link accessible via social media channels or via the web by using this web link : http://raange.co/TPl3_xf
3. PARTICIPATING BENCH STORES:
Bench – Toronto Eaton Centre 220 Yonge Street, Toronto, ON M5B 2H1
Bench – Halton Hills 13850 Steeles Ave. W Unit 209, Halton Hills, ON L7G 0J1
Bench – Yorkdale Mall 3401 Dufferin Street, Toronto, ON M6A 2T9
Bench – Vaughan Mills 1 Bass Pro Mills, Vaughan Mills, ON L4K 5W4
Bench – West Edmonton Mall 8882-170 Street, Edmonton, AB T5T 4J2
Bench – CrossIron Mills 261055 Crossiron Boulevard, Rocky View, AB T4A 0G3
Bench – Chinook Centre 6455 Macleod Trail SW, Calgary, AB T2H 0K8
Bench – Metrotown 4700 Kingsway, Burnaby, BC V5H 4M1
Bench – Saint Catherine St. W 1387 Sainte-Catherine Street W, Montreal, QC, H3G 1R1
Bench – Carrefour Laval 3035 Boul. Le Carrefour, Laval, QC H7T 1C8
Bench – Fairview Pointe-Claire 6801 Transcanada Highway, Pointe-Claire, QC H9R 5J1
Entries will be declared invalid if they are late, illegible, incomplete, irregular, forged, garbled or mechanically or electronically reproduced. Should it be discovered that an entrant is using the aid of computer software programs to auto-fill entries in an unauthorized manger, that entrant will be immediately disqualified from the Contest. The Sponsor reserves the right to disqualify all such entrants from future contests conducted by the Sponsor without further notice.
The Prize, referred to herein as the “Prize.” A total of (11) Prizes, each valued at $500, will be awarded, one per participating Bench store (as listed above). Each participant will be participating in the contest draw for the store which he or she has registered to.
All Prizes must be accepted as awarded without substitution and are not transferable, refundable, for resale or convertible to cash. If the selected entrant for a Prize forfeits the Prize, it may be awarded to another entrant or donated to charity, at the sole option of the Sponsor.
The Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without liability.
Each entrant selected must be a resident of Canada. Each entrant is eligible to win only one (1) Prize. If the selected entrant for the Prize forfeits the Prize, it will be re-awarded at the option of the Sponsor, subject to, among other things, time and availability.
The odds of winning a Prize will depend on the total number of eligible entries received during the Contest Period per store.
5. PRIZE DRAWS
PRIZE DRAW: A random draw for the Prizes will be held on Wednesday October 7, 2015 at 2:00
p.m. (ET) in Montreal, QC from among all eligible entries received by the Contest Closing Date. Three (3) attempts will be made to contact each selected entrant at the email address or phone number provided on their entry form between 9:00 a.m. and 5:00 p.m. ET during a period of seven (7) days following the draw. If a selected entrant cannot be contacted within seven (7) days, he/she will be considered to have forfeited the Prize and will be disqualified and another entrant will be drawn from the remaining eligible entries until such time as contact is made with a selected entrant or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
6. CLAIMING YOUR PRIZE
All Prize claims are subject to verification. To be declared a winner, each selected entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed by telephone at the number provided during registration for the Contest or email at the email address provided during registration for the Contest.
Each selected entrant will also be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with the Official Rules, acceptance of the Prize, as awarded, without substitution, and releasing the Sponsor (the “Released Parties”) from any liability in connection with any Prize or the Contest. Each selected entrant must return a signed Release Form within thirty (30) days of receipt, or he/she will be disqualified from receiving the Prize. The Sponsor will contact each Prize winner within thirty (30) days of receiving his/her signed Release Form to arrange delivery of the Prize.
The refusal by any potential winner to accept a Prize (or any portion thereof) release and forever discharges the Released Parties of all obligations related to the Prize, including delivery. If a potential winner is found to be ineligible, declines to accept the Prize, or in the event that the Prize confirmation or Prize itself is returned undeliverable, the Prize will be forfeited and an alternative eligible entrant may be randomly selected from the remaining eligible entries at Sponsor’s sole discretion.
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Sponsor regarding the Contest, these rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials including, but not limited to, the Registration Form, point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
By submitting an entry into this Contest, each entrant confirms his or her understanding of and compliance with these Official Rules. Each entrant hereby releases and holds the Released Parties 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 Official Rules, or in any Prize-related activity. The entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
8. LIMITATION OF LIABILITY
Incomplete entries, damaged entries, illegible entries or entries received after the Contest Closing Date will not be accepted. The Released Parties take no responsibility for lost, stolen, misdirected, damaged, illegible or late entries, which for any reason are not received before the Contest Closing Date, or for printing, distribution or production errors.
9. None of the Released Parties assumes any responsibility for any failure of any website during the Contest, for any problems or technical malfunction of any telephone networks or lines, computer online systems, servers, access providers, computer equipment, software, hardware, failure of any email or transmission to be received or any combination thereof including any injury, loss or damage to an entrant’s or any other person’s computer arising out of or relating to participation in the Contest.
10. None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an entrant’s or any other person’s computer equipment resulting from an entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Furthermore, none of the Released Parties assumes any liability for any additional aspects of the Contest.
11. All entries are the property of the Sponsor and none shall be returned. All decisions regarding the Contest remain with the Sponsor. In addition, the Sponsor reserves the right, in its sole discretion, subject to the approval of the Régie des alcools, des courses et des jeux (the “RACJ”), to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
12. The Sponsor reserves the right, in its sole discretion, to disqualify any individual that it finds to be in violation of these Official Rules or of tampering with the entry process. The Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Any attempt by anyone to deliberately undermine the legitimate operation of this Contest is in violation of criminal and civil laws and the Sponsor reserves the right to seek damages or any other legal or equitable remedy to the fullest extent permitted by law.
13. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the Authorized Account Holder in whose name the email account is registered, provided that person meets all eligibility criteria of this Contest. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number, by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
14. For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the RACJ. Any litigation respecting the awarding of a prize may be submitted to the RACJ only for the purposes of helping the parties reach a settlement.
15. Privacy and Publicity Rights
By accepting a Prize, each selected entrant agrees to allow the Contest Group and/or the Contest Group’s designees the perpetual right to use his/her name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
17. Governing Law
The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations as between an entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario, including procedural provisions, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
In the event of any discrepancy or inconsistency between the English language version and the French language version of the Official Rules, as applicable, the English version shall prevail, govern and control.