WOMENSENSE HAPPYSENSE® HAPPYSWAG BAG CONTEST (THE “CONTEST”)
OFFICIAL RULES AND REGULATIONS (THE “RULES”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. THE OFFICIAL PRIZE WINNER WILL BE REQUIRED TO SIGN A DECLARATION OF ELIGIBILITY AND ENTER INTO A RELEASE OF LIABILITY, AND AT THE DISCRETION OF SPONSOR, SUCCESSFULLY COMPLETE A BACKGROUND CHECK.
BY ENTERING THE CONTEST, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE BOUND BY THESE RULES, WHICH IS A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES A LIMITATION OF YOUR LEGAL RIGHTS AND REMEDIES.
This Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram or Facebook.
How to Enter:
This Contest is open to all people residing in all of the provinces and territories of Canada (except the province of Quebec where the Contest is void) who have reached the age of majority in their province or territory of residence as of the first day of the Contest Period. Assured Natural Distribution Inc. (the “Sponsor”), the independent judging organization appointed by the Sponsor (the “Judge”), and each of their respective affiliates, franchisees, subsidiaries, advertising, and promotional agencies are collectively referred to herein as the “Contest Entities.” Employees of the Contest Entities and each of their immediate family members and/or the people living in the same household (whether legally related or not) are all ineligible to enter or win the Contest. The Contest is subject to all applicable federal, provincial, and municipal laws.
Contest entrants acknowledge and agree that they are providing information directly to the Sponsor and agree to release the Contest Entities, Facebook, and Instagram from any and all liability arising in connection with the Contest including without limitation any injury, loss, or liability of any kind with respect to, or resulting from the development, participation in, and execution of the Contest.
The Contest closes at 11:59:59 pm Eastern Time (“ET”) on September 19, 2020 (“Contest Closing Date”).
To enter, visit the official Canadian Instagram profile (instagram.com/womensense_) between 12:00:01 am ET on September 15, 2020 and 11:59:59 pm ET, September 19, 2020, (the “Contest Period”) and visit any of the Instagram posts from the Contest Period of time that include instructions for The Contest (the “Official Contest Post” or “Official Contest Posts”) and perform the following actions:
- FOLLOW @womensense_ on Instagram;
- LIKE one of the Official Contest Posts; and
- TAG at least one other Instagram user onto that Official Contest Post.
Each eligible contestant who completes the three requisites listed above will receive one (1) entry into the contest. Multiple entries are welcome.
There is one (1) prize (the “Prize”) available to be won at the close of the contest, consisting of:
- One (1) gift certificate (the “Gift Certificate”) with an approximate value of fifty Canadian dollars ($50.00 CDN) to a business that offers services consistent with those of a day spa (the “Spa”) such as massage;
- One (1) serotonin necklace with an approximate value of twenty-two Canadian dollars ($22.00 CDN);
- One (1) journal with an approximate value of sixteen Canadian dollars ($16.00 CAD); and
- One (1) copy of This Kitchen Is for Dancing cookbook with an approximate value of thirty Canadian dollars ($30.00 CAD).
The total approximate retail value of all the components to be awarded in the Contest is approximately one–hundred and eighteen Canadian dollars ($118.00 CDN).
Prize values reflect the approximate retail value. No substitutions, cash equivalents, or redemptions will be made.
Further Prize Details:
The Sponsor will communicate with the Prize Winner to determine the Spa location. The final decision for the Spa location will be at the sole discretion of the Sponsor. The Spa location must be able to accept gift certificates or otherwise accept pre-payment of services by a third party, in this case from the Sponsor.
The Prize Gift Certificate may or may not be a physical item. The chosen Spa Location may retain the value of each Gift Certificate in an account on file rather than providing a physical, tangible object.
The Prize consists only of the components expressly stated above and does not include any additional expenses. All Gift Certificates must be redeemed at the same Spa Location.
Additional expenses that are not included in the Prize include but are not limited to, ground transportation, flights, flight connections, departure or airport taxes, meals, beverages, room service, gratuities, taxes, insurance, medical insurance and expenses, duties, levies, visas, passports, and health documents required by law, personal expenses, car rentals, gas, car insurance, items of a personal nature, and all other expenses not specifically included above as part of the Prize package and are the sole responsibility of the Prize winner.
Contest Entities are not responsible in the event that the Prize Winner is refused entry into the Spa location or requested to leave the Spa location for whatever reason, and in such event, any unused portion of the Prize will be forfeited.
The Prize Draws:
A random draw will be performed after the close of the Contest Period to determine the official prize winner (“Prize Winner”). A representative of the Sponsor will notify the selected entrant through direct messenger on Instagram. If a selected entrant does not reply within three (3) days or if any Contest-related communication is rejected, faulty, or returned as undeliverable, that selected entrant may be disqualified and another entry will be randomly selected.
The Prize may not be transferred except by the Sponsor in its sole and absolute discretion, or as otherwise indicated herein. No substitutions, cash equivalents, or redemptions will be made, except that the Sponsor reserves the right to substitute any Prize component if necessary. The substitute Prize, if required, will be of equal or greater value.
The Prize Fulfillment:
A representative of the Sponsor will notify the selected entrant through direct messenger on Instagram. If the selected entrant does not reply within three (3) days or if any Contest-related communication is rejected, faulty, or returned as undeliverable, that selected entrant may be disqualified and another entry will be randomly selected.
In order to be declared an official Prize Winner, the selected entrant must first correctly answer a mathematical skill-testing question. If the selected entrant incorrectly answers the mathematical skill-testing question, then another Prize Winner will be selected and will be required to correctly answer a mathematical skill-testing question. This process will be repeated until a selected Prize Winner is able to correctly answer such question.
The Sponsor reserves the right to cancel or suspend this Contest should a virus, bug, or other cause beyond its reasonable control corrupts the security or proper administration of the Contest. Entrants agree to abide by these Rules and the decisions of the Sponsor, which are final.
- If any Contest entry is submitted or obtained through fraudulent means or is in any way tampered with, it will be disqualified; such decision to be made by the Sponsor in its sole discretion.
- Entries submitted become the property of the Sponsor and none will be returned. No correspondence will be entered into except with the selected entrants. Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, illegible, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void.
- All decisions of the Sponsor and of the Judge are final.
- The Sponsor reserves the right to substitute the Prize or Prize components as well as to cancel or modify the Contest or the Prize for any reason at any time without notice, all in the Sponsor’s sole discretion.
- The Sponsor is not responsible for printing, distribution, or production errors and may terminate, modify, or withdraw this Contest if any related materials are found to contain such errors, without liability and without notice, in its sole discretion.
- The Sponsor assumes no responsibility for lost, stolen, delayed, damaged, or misdirected entries, for any problems or technical malfunction of any telephone network or lines, computer online systems, computer equipment, software, e-mail delivery, or failure or delay of any e-mail, correspondence or entry to be received. The Sponsor reserves the right to cancel or suspend this Contest should a virus, bug, or other cause beyond its reasonable control corrupts the security or proper administration of the Contest. Entrants agree to abide by these Rules and the decisions of the Sponsor and the Judge, which are final.
- The Prize winner will be required to promptly sign and return to the Sponsor an affidavit of eligibility and enter into a release of liability in favour of the Contest Entities or the winner’s Prize will be forfeited.
- Each entrant agrees not to submit any entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law. Participants also warrant that they have not submitted their entry on behalf of a team or any other entity.
- As between each entrant and Sponsor, each entrant (or its licensee) shall retain ownership of all intellectual property rights in the entry (including moral rights) subject to these Rules. However, by entering the Contest, and to the extent allowed by law, entrant grants, but solely in relation to the promotion and/or advertising of the Sponsor’s business or the Contest and only, to Sponsor, its affiliates, licensees, promotional partners, developers and third-party marketing entities, a non-exclusive, perpetual, worldwide, royalty-free license to modify, rearrange, copy, reproduce and adapt submitted content to fit the format required for product web pages and marketing materials, and to publish and use the submitted content including any names, locations and likenesses, for the duration of the rights, in any and all media, including, but not limited, to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner without further review, notice, approval, consideration, or compensation. For this purpose, each entrant hereby waives any moral rights the entrant may have in the content in favour of the Sponsor and confirms that it has obtained such waivers from the owner of the content if the entrant has obtained permission to use the content from the owner.
- To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from any submitted content or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.
- The Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these Rules. By entering the Contest, each winner agrees to cooperate reasonably with any such background check. If a prize includes participation in any public event(s) or publicity, or if the Sponsor intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor or Contest Entity, as determined by the Sponsor in their sole discretion, the potential winner may be disqualified and the prize may be awarded to an alternative winner.
- BY ENTERING THE DRAW, EACH ENTRANT HEREBY EXPRESSLY RELEASES EACH OF THE DRAW ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) FROM ANY AND ALL DAMAGE, COST LOSS, EXPENSE, LIABILITY, CLAIMS AND DEMANDS SUFFERED OR INCURRED BY THE ENTRANT ARISING FROM THE ENTRANT’S PARTICIPATION IN THE DRAW (AND IF THE ENTRANT IS ANY PRIZE WINNER, FROM ENTRANT’S PARTICIPATION IN THE PRIZE, INCLUDING ANY RELATED ACTIVITIES) INCLUDING PERSONAL INJURY, ILLNESS, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL THE RELEASEES BE LIABLE TO AN ENTRANT, A PRIZE WINNER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR PURE ECONOMIC LOSS, AND IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE RELEASEES TO ANY PRIZE WINNER EXCEED THE LESSER OF: (I) THE DIRECT DAMAGES SUFFERED OR INCURRED BY SUCH PERSON; OR (II) THE SUM OF ONE HUNDRED CANADIAN DOLLARS ($100.00 CDN), REGARDLESS OF THE CAUSE OF ACTION, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.
- By entering this Contest, the Prize Winner authorize the Sponsor to use an abbreviation of his or her name, and comments without compensation, in any publicity carried out by the Sponsor. The names, addresses and, any other personal information obtained from the Contest entrants will be used for the sole purpose of delivering the prize to the Prize Winner, unless otherwise specified herein. By participating in the Contest, each entrant: (i) grants the Sponsor the right to use the information contained in his/her Contest entry (“Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Prize Winners; (ii) grants the Sponsor the right to use his/her Information, photograph, or such other personal information as the entrant may disclose to the Sponsor 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 Sponsor may disclose his/her personal information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
- PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Subject as set out below, any dispute, claim, or controversy arising out of, or related to the Contest or these Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be referred to and finally resolved by arbitration. Notwithstanding the preceding sentence, neither you nor the Sponsor is required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The Supreme Court of British Columbia, Vancouver Registry, will have exclusive jurisdiction over any suit not subject to arbitration. You and the Sponsor will (a) notify each other of any dispute within thirty (30) days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by the British Columbia International Commercial Arbitration Centre (“BCICAC”) (or its successor) pursuant to its Domestic Commercial Arbitration Shorter Rules of Procedure, and conducted by a single arbitrator in Vancouver, British Columbia, Canada, unless the arbitrator determines differently. The appointing authority will be the BCICAC. The language of the arbitration will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in Court. The Contest and these Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the Province of British Columbia, Canada, including the federal laws of Canada applicable in that Province, without giving effect to that Province’s conflict of laws principles. Whether the dispute is heard in arbitration or in Court, you and the Sponsor will not commence against the other a class action, class arbitration or other representative action or proceeding.
- If for any reason, in the opinion of the Sponsor, in its sole discretion the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control, then the Sponsor reserves the right to cancel, terminate, modify, amend, extend or suspend the Contest, and/or select a winner from previously received eligible entries.
- WomenSense is a registered trademark of Assured Natural Distribution Inc.