MORNING NEWS KITCHEN MAKEOVER CONTEST RULES
MORNING NEWS KITCHEN MAKEOVER CONTEST RULES
THE MORNING NEWS KITCHEN MAKEOVER CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN THE PROVINCE OF QUEBEC 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 QUEBEC OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY. To be eligible for this Contest, an individual must:
(a) be a legal resident of and the age of majority in the province of Quebec; and
(b) be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest.
Employees of Shaw Television Limited Partnership, Cuisines Denis Couture and Montreal Home (collectively, 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.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their 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 a.m. Eastern Daylight Time (“EDT”) on Monday, October 21, 2013 and ends at 9:00 a.m. Eastern Standard Time (“EST”) on Thursday, November 14, 2013 (the “Contest Period”). To be eligible for the Contest, entries must be received between 6:00 a.m. EDT on Monday, October 21, 2013 and 9:00 a.m. EST on Wednesday, November 13, 2013 (the “Contest Entry Period”) after which time the Contest Entry Period will be closed and no further entries will be accepted.
3. HOW TO ENTER.
(a) There is no purchase necessary to enter the Contest. To enter, send an e-mail to amMTL@globalnews.ca with the subject line “Kitchen Makeover Contest” which includes your full name and a photo of you in your kitchen during your morning routine (no more than four (4) MB, JPEG format) and a written description about what gets you up in the morning (five hundred (500) words or less) (together with the photo, the “Work”). No entries will be accepted by any other means.
(b) After you have submitted your e-mail, tune in to the Global Montreal Morning News (the “Program”) starting on October 22, 2013 and airing weekdays from 6:00 – 9:00 a.m. EDT and watch for your Work to be shown during the program. If you see your Work during the Program, send an e-mail within twelve (12) hours of your photo airing on the Program to amMTL@globalnews.ca with the subject line “Kitchen Makeover Contest” and include your full name and the date and time that your Work aired on the Program (the “Qualifying E-mail”). Once your Qualifying E-mail has been received and it has been confirmed that the indicated date is correct, you will be entered into the draw for a Weekly Prize and/or the Grand Prize (as defined below).
(c) If entrants do not submit a Qualifying E-mail, or their indicated date and time within the Qualifying E-mail is incorrect, they will not be eligible for a prize.
(d) Submitted Work entries may be shown on the Program, as determined by the Sponsors in their sole discretion.
(e) By participating in this Contest, entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsors to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.
(d) Limit of one (1) entry per household per 24-hour period during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.
(e) All entries, including the Work, become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. 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 for a prize.
(g) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZES.
(a) Grand Prize. There are is one (1) grand prize (the “Grand Prize”) available to be won by the Grand Prize winner (“Grand Prize Winner”) consisting of a dream kitchen makeover prize pack which shall include:
(i) a gift certificate to Cuisines Denis Couture in the amount of twenty-thousand Canadian dollars (CDN $20,000) which can be used towards the design, construction and installation of custom kitchen cabinets and countertops; and
(ii) kitchen appliances from Meubles JC Perrault with a maximum value of five thousand Canadian dollars (CDN $5,000).
(b) The Grand Prize has an approximate value of twenty-five thousand Canadian dollars (CDN $25,000).
(c) Sponsors and/or Sponsor representatives will contact the Grand Prize Winner to coordinate the Grand Prize details once Grand Prize Winner has been confirmed. Grand Prize Winner must be able to claim the Grand Prize by November 30, 2014. Should the Grand Prize Winner be unable to claim the Grand Prize before November 20, 2014 the Grand Prize will be forfeited and may be awarded to an alternate winner at the sole discretion of the Sponsors. Grand Prize Winner will be responsible for and any additional expense not explicitly included in the Grand Prize.
(d) Weekly Prizes. There are three (3) weekly prizes (each, a “Weekly Prize”) available to be won by the Weekly Prize winners (the “Weekly Prize Winners”) each of which consists of a Saeco Vienna espresso machine or Anthracite espresso machine .
(e) Each Secondary Prize has an approximate retail value of four hundred Canadian dollars (CDN $400.00).
(f) Grand Prize and Secondary Prizes are hereafter collectively referred to as “Prize” or “Prizes”. Grand Prize Winner and Secondary Prize Winners are hereafter collectively referred to as a “Winner” or “Winners”.
(g) Winners are not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
(h) Sponsors and/or Sponsor representatives will contact Weekly Prize Winners to coordinate pick up or delivery of the Weekly Prize within 5 business days after each Weekly Prize Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(i) Prizes 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 a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
(j) The Sponsors shall not assume any liability for lost, damaged or misdirected Prizes.
5. WINNER SELECTION.
Three (3) Weekly Prize Winners shall be selected as follows:
(a) On each of the following dates: October 25, November 1 and November 8, 2013 in Montreal, Quebec, one (1) entrant will be selected by a random draw from all eligible entries received to date during the Contest Period. Each entrant shall be eligible to win only one (1) Weekly Prize. The odds of being selected as a potential Weekly Prize winner are dependent upon the number of eligible entries received by the Sponsors. Before being declared a Weekly Prize 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 the Contest Rules and sign and return the Release (described below). Weekly Prize Winners are eligible to win the Grand Prize.
(b) EACH SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE NO LATER THAN October 25, November 1 and November 8, 2013 (WHICHEVER DAY IS APPLICABLE WITH THE DAY THEY HAVE BEEN SELECTED) AT 5:00 P.M. EST AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF 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 satisfies the terms set out herein. The Sponsors 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.
One (1) Grand Prize Winner shall be selected as follows:
(d) On or about Thursday, November 14, 2013 in Montreal, Quebec, one (1) entrant 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 Sponsors. Before being declared the Grand Prize 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 the Contest Rules and sign and return the Release (described below).
(e) THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE NO LATER THAN NOVEMBER 14, 2013 AT 5:00 P.M. EST AND MUST RESPOND WITHIN ONE (1) BUSINESS DAY OF 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 one (1) business day 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 satisfies the terms set out herein. The Sponsors 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.
(f) 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.
6. RELEASE. Winners 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 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 Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and 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 must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
7. 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.
8. RIGHTS CLEARANCE. By providing the Work to the Sponsors in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsors a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. Sponsors assume no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to Sponsors that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Sponsors reserve the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsors in their sole discretion.
9. 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 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 assume 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, e-mail, 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 or otherwise. The Sponsors are not responsible for any injury or damage to entrant or to any computer] related to or resulting from participating or downloading materials 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 any Prize. 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.
10. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available 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. The Sponsors reserve the right, in their 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 Media Inc. 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 DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. [If applicable, i.e. Concerts, tapings: Winner [if applicable: and Guest] must at all times behave appropriately when taking part in the [concert/showcase] and observe the Contest Rules and any other rules or regulations in force at the studios and/or locations. The Sponsors reserve the right to remove from the [concert/showcase, studio premises or location], any Winner [if applicable: and/or Guest] who breaks such rules and/or fails to behave appropriately and to disqualify such Winner [if applicable: and/or Guest].]
11. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her 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 Winners; (ii) grants to the Sponsors 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 the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors 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.
12. 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 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. SHAW MEDIA is a trade-mark of Shaw Cablesystems G.P., used under licence.
13. TERMINATION. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsors reserve the right, in their 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.
14. 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.
15. 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, 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.
16. FOR RESIDENTS OF QUEBEC. 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 a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.