The Gardener Father’s Day Contest Rules & Regulations

THE GLOBAL TORONTO AND THE GARDENER FATHER’S DAY CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN ONTARIO ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OF ONTARIO OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL CONTEST RULES (THE “CONTEST RULES”). 

1. ELIGIBILITY. 

• To be eligible to enter and/or submit a nomination an entrant must: 

• be a legal resident of the province of Ontario; and 

• be eighteen (18) years of age or older at the time of entry. 

• Any nominee nominated by an entrant (“Nominee“) must: 

• be a legal resident of the province of Ontario;  
• be eighteen (18) years of age or older at the time of entry: and 
• be the resident and owner of a residential property located within one of The Gardener’s franchised territories (an “Eligible Property“), (full list of territories available at www.HireTheGardener.com)  

Employees of Shaw Television Limited Partnership (“Shaw”) and The Gardener,(“Gardener“, andtogether with Shaw, the “Sponsors“), 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. 

Shaw shall have the right at any time to require an entrant to provide proof of identity, eligibility, and/or proof of ownership of an Eligible Property, to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Shaw for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Shaw reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. 

2.         CONTEST PERIOD. The Contest begins at 6:00 p.m. Eastern Daylight Time (“EDT“) on Saturday, June 9, 2012 and ends at 11:00 a.m. EDT on Friday, June 15, 2012 (the “Contest Period“) after which time the Contest will be closed and no further entries shall be accepted. 

3.         HOW TO ENTER. 

• There is no purchase necessary to enter the Contest. To enter, complete and submit the entry form located at www.globaltoronto.com (the “Contest Website“). Each entrant must include with their entry a written submission explaining why they feel their Nominee deserves the prize. No entries will be accepted by any other means. 

• Limit of one (1) entry per person per day during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.  

• All entries become the sole property of Shaw and will not be acknowledged or returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected as a potential prize winner. 

• Entries shall be deemed to be submitted by the authorized account holder of the email address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an email address is defined as the natural person who is assigned to 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 email address. Each selected entrant may be required to provide Shaw with proof that the selected entrant is the authorized account holder of the email address associated with the winning entry. 

4.         PRIZES.   

(a)        There is one (1) prize (the “Prize“) available to be won by the Prize winner (the “Winner“)which consists of a season of lawn maintenance provided to the Winner by Gardener starting on or around June 25, 2012 and ending on October 19, 2012 with an additional visit during the month of November to remove fallen leaves (to happen at a time mutually agreed upon by the Winner and Gardener). The Prize has an approximate retail value of one thousand one hundred dollars (CDN $1,100). 

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(b)        Winner is not entitled to monetary difference between an actual Prize value and the stated approximate Prize value, if any. 

(c)        Winner must comply with the Contest Rules and sign and return the Release and any other documents described and required under these Contest Rules. 

• Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of the Prize will be forfeited and have no cash value. Sponsors 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. 

5. WINNER SELECTION. 

• On Friday, June 15, 2012, at approximately 11:00 a.m. EDT in Toronto, Ontario, one (1) entrant will be selected at random draw from all eligible entries received during the Contest Period.  

• The odds of being selected as a potential Winner are dependent on the number of eligible entries received during the Contest Period.  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 by Shaw, and to sign and return the Release and any other applicable documents required under these Contest Rules. 

• THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE or E-MAIL NO LATER THAN FRIDAY, JUNE 15, 2012 AT 5:00 P.M.EDT AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYSOF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors 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 Sponsors’ sole discretion until such time as an entrant satisfiesthe terms set out herein. The Sponsors arenot 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. 

• 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 Prize. 

6.         RELEASE AND OTHER REQUIRED DOCUMENTATION.  

In addition to the Release described below, Winner will be required to sign Gardener’s standard contract for lawn maintenance for the 2012 spring/summer season covering an Eligible Property (the “Gardener Release“), save and except that there will be no charge for lawn maintenance services for the season.  

Winner will be required to execute a legal agreement and release (“Release“) that confirms Winner’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 Sponsors and their respective parent companies, subsidiaries, 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 the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property (including any damage to an Eligible 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 Shaw of the unrestricted right, in Shaw’s discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’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 and Gardener Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the selected entrant will be disqualified and the Prize forfeited. 

7.         INDEMNIFICATION BY ENTRANT. By entering and/or participating in the Contest, the entrant and/or Nominee 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 the 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. 

8.         LIMITATION OF LIABILITY. The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware, television distribution system or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading material in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive the Prize or any portion thereof. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest and/or the Contest Website. 

9.         CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted on the Contest Website and made available at front reception at Global Toronto, 81 Barber Greene Road, Toronto, Ontario, M3C 2A2 throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. Shaw reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest and/or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Shaw property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SHAW RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.  

10.       PRIVACY / USE OF PERSONAL INFORMATION.  

(a)        By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her entry, name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) grants to Shaw the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that Shaw may disclose his/her Personal Information to The Gardner and to third-party agents and service providers of Shaw in connection with any of the activities listed in (i) and (ii) above. 

(b)        Shaw will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with Shaw’s Privacy Policy at: www.shawmedia.ca/privacy.asp 

11.       INTELLECTUAL PROPERTY. 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 Shaw and/or its 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. SHAW MEDIA and related trademarks are trade-marks of Shaw Cablesystems G.P. and/or Shaw Global Inc., used under licence.  

12.       TERMINATION. Shaw reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice. 

13.       LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest 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 Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors 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. 

14.       LANGUAGE DISCREPANCY.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, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.