1. KEY DATES: The Ottawa 2017 Spinnie Contest (the "Contest") begins on September 25, 2015 at 12:00:00 a.m. Eastern Time ("ET") and ends on December 15, 2015 at 11:59:59 p.m. ET (the "Contest Period"). The Contest Period consists of three (3) separate and distinct Entry Periods (each, an "Entry Period" and collectively, the "Entry Periods"), as follows:
| Entry Period | Start Date (all 12:00:00 a.m. ET) | End Date (all 11:59:59 a.m. ET) |
| 1 | September 25, 2015 | October 8, 2015 |
| 2 | October 9, 2015 | November 8, 2015 |
| 3 | November 9, 2015 | December 8, 2015 |
2. ELIGIBILITY TO ENTER: The Contest is open only to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are living, whether related or not) of Celebrations Ottawa Inc. (the "Sponsor"), its subsidiaries, affiliates, prize suppliers, advertising/promotion agencies (including, but not limited to, Jackpine Digital Inc.) and any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the "Contest Parties").
3. AGREEMENT TO BE LEGALLY BOUND BY RULES: By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the "Rules").
4. HOW TO ENTER: NO PURCHASE NECESSARY. MAKING A PURCHASE OR OTHERWISE SPENDING MONEY WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. To enter, visit www.spinnie.ca (the "Website") and follow the on-screen instructions to obtain the Official Contest Entry Form (the "Entry Form"). Fully complete the Entry Form with all required information, which requires you to: (i) enter your first name and valid email address; (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules; and (iii) indicate whether or not you would like to receive promotional emails from the Sponsor (Optional – agreeing to receive promotional emails from the Sponsor will not increate or otherwise impact your odds of winning in this Contest. You can unsubscribe at anytime.) Once you have fully completed the Entry Form with all required information, follow the on-screen instructions to upload your Spinnie Video (a "Video") depicting yourself in a 360 degree selfie-style spin at a location within or outside the City of Ottawa (the "Theme"). When all required steps of the entry process are complete (including fully completing the Entry Form and uploading your Video), you will be eligible to earn one (1) Entry (each, an "Entry" and collectively, the "Entries") in the Contest. To be eligible, all content and materials associated with your Entry (collectively, your "Entry Materials") must: (i) be submitted and received in accordance with these Rules; (ii) include all required components and materials noted above; and (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 7 (all as determined by Sponsor in its sole and absolute discretion).
5. ADDITIONAL ENTRY CONDITIONS: There is no limit of to the number of Entries per person – but, each Entry must relate to a unique and original Video (as determined by the Sponsor in its sole and absolute discretion). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Released Parties") are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries and/or Entry Materials (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 7) (all as determined by Sponsor in its sole and absolute discretion).
6. VERIFICATION: All Entries, Entry Materials and entrants are subject to verification at any time and for any reason. 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): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor.
7. SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES.
Without limiting the generality of any other section of these Rules, to be eligible for entry in this Contest your Video must meet the following specific technical requirements:
| Length/Size Requirements | Acceptable Formats | Specific Content Requirements |
| HOW TO ENTER | 3gp, mp4, flv, wmv, mkv, ogg, ogv, avi, mov, qt, m4p, m4v, mpg | If the Video is shot within the City of Ottawa, you must include the following saying in the Video: "This is my favourite place in Ottawa" If the Video is shot outside the City of Ottawa, you must include the following saying in the Video: "This is my favorite place in (insert location), but I wish I was in Ottawa" |
By participating in the Contest, each entrant hereby warrants and represents that any Entry Materials he/she submits:
The Sponsor and/or its promotional agency or designated content moderator (the "Reviewer") reserves the right to screen all Entry Materials. Any Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action or actions it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) and/or resetting any Vote count to zero or to whatever other number the Sponsor deems to be appropriate in the circumstances – to help ensure that the Contest is being conducted in accordance with the Sponsor's interpretation of the letter and spirit of these Rules.
8. LICENSE By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Materials (and each component thereof), 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 Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
9. PRIZES: There will be a total of four (4) Prizes (each, a "Prize" and collectively, the "Prizes") available to be won, as follows:
Grand Prize: There will be one (1) Grand Prize (the "Grand Prize") available to be won consisting of the opportunity for the confirmed Grand Prize winner and one (1) guest to attend an Ottawa 2017 Signature Event (the "Event") – which, includes: (i) accommodation for two (2) (double occupancy) for one (1) night in a hotel determined by Sponsor in its sole and absolute discretion; (ii) a gourmet dining experience; (iii) limousine service between the hotel and the Event; and (iv) two (2) VIP passes to the Event. The total approximate retail value of the Grand Prize is $2000 CAD. IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH ATTENDING THE EVENT WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE CONFIRMED GRAND PRIZE WINNER AND HIS/HER GUEST. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WITH RESPECT TO ANY COSTS ASSOCIATED WITH ATTENDING THE EVENT.
Secondary Prizes: There will be three (3) Secondary Prizes (each, a “Secondary Prize”) available to be won, each consisting of one (1) 360 degree panoramic video camera. The total approximate retail value of each Secondary Prize is $375 CAD.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should the applicable Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, each confirmed winner agrees to waive all recourse against the Released Parties if a Prize or a component thereof does not prove satisfactory, either in whole or in part.
Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Without limiting the generality of any other section of these Rules, the following general conditions apply to all Prizes: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) the costs of everything not specifically and expressly stated herein as included in the applicable Prize are the sole and absolute responsibility of the confirmed winner; (iv) if the confirmed winner does not utilize any part(s) of the applicable Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the applicable Prize or any component thereof; and (b) substitute the applicable or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; and (vi) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the applicable Prize or a component thereof does not prove satisfactory, either in whole or in part. There is a limit of one (1) Secondary Prize per person. Secondary Prize winners remain eligible to win the Grand Prize.
10. ELIGIBLE SECONDARY PRIZE WINNER SELECTION PROCESS (PUBLIC VOTING): Each eligible Entry submitted and received in accordance with these Rules will be posted on the Website. Members of the public will then be able to visit the Website and vote for their favourite Entry or Entries. By participating in the Contest and submitting a Vote or Votes (each, a “Vote” and collectively, the “Votes”), each voter agrees to be legally bound by the terms and conditions of these Rules.
Voting Rules:
LIMIT: A voter can Vote only five (5) times per day (defined for the purposes of these Rules as 12:00:00 a.m. ET to 11:59:59 p.m. ET). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that attempts were made by any voter to: (i) submit more than five (5) Votes per day (as defined above); (ii) use multiple names, identities, email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to submit Votes in a manner that is not expressly sanctioned by these Rules; (iii) engage in any form of systematic voting from the same computer/IP address; and/or (iv) engage in any form of proxy voting scheme; then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the Votes, Entry and/or entrant to which such Votes relate. Any Votes determined by Sponsor, in its sole and absolute discretion, to be in violation of the Sponsor’s interpretation of the letter and/or spirit of these Rules (including, without limitation, Votes that cannot be validated or verified in accordance with these Rules to the complete satisfaction of Sponsor) are subject to disqualification in the sole and absolute discretion of the Sponsor.
All Votes are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof (in a form acceptable to the Sponsor): (i) for the purposes of verifying the legitimacy of any Vote or other information entered (or purportedly entered) for the purposes of this Contest; and/or (ii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and/or spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification of the applicable Vote(s) that cannot be verified to the complete satisfaction of the Sponsor.
IMPORTANT NOTE: Individuals may encourage others to vote for an Entry – however, no form of incentive, inducement (including, without limitation, reciprocal voting sites and/or services), prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s Vote for any Entry. In addition, proxy voting schemes (or anything reasonably resembling a proxy voting scheme, as determined by Sponsor in its sole and absolute discretion) are hereby expressly prohibited. Any individual deemed by the Sponsor and/or its representative(s) to be engaging in any such behaviours and/or in violation of the letter and/or spirit of these Rules (all as determined in the sole and absolute discretion of the Sponsor) will be subject to disqualification, in the sole and absolute discretion of the Sponsor, and the corresponding Votes, Entry and/or entrant is/are subject to disqualification in the sole and absolute discretion of the Sponsor.
Following the conclusion of each Entry Period, the eligible entrant who is associated with the eligible Entry that has received the highest number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes to date during the Contest Period by the end of the applicable Entry Period will be eligible to win a Secondary Prize (subject to compliance with these Rules). ENTRIES AND VOTES CARRY FORWARD FROM ONE ENTRY PERIOD TO BE CONSIDERED IN EACH OTHER ENTRY PERIOD. In the event of a tie based on the number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received, a random draw will be used to break the tie from among all such eligible Entries that are tied. The odds of being eligible to win a Secondary Prize (subject to compliance with these Rules) depend on: (i) the total number and calibre of eligible Entries submitted and received in accordance with these Rules; and (ii) the total number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received in accordance with these Rules.
11. ELIGIBLE SECONDARY PRIZE WINNER NOTIFICATION PROCESS: The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each eligible Secondary Prize winner within five (5) business days of the end of the applicable Entry Period. If an eligible Secondary Prize winner cannot be contacted within five (5) business days of the initial contact attempt that is made by or on behalf of the Sponsor, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to receive the applicable Secondary Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the applicable procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Secondary Prize winner).
12. ELIGIBLE SECONDARY PRIZE WINNER CONFIRMATION PROCESS: NO ONE IS A SECONDARY PRIZE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A SECONDARY PRIZE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED SECONDARY PRIZE WINNER, each eligible Secondary Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) 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 Secondary Prize; (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Secondary Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials or any portion(s) thereof; and (v) 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 or medium whatsoever, including print, broadcast or the internet. If an eligible Secondary Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Secondary Prize (as awarded); and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to receive the applicable Secondary Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the applicable procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Secondary Prize winner).
13. ELIGIBLE GRAND PRIZE WINNER SELECTION PROCESS (JUDGING AND PUBLIC VOTING): After the close of the Contest Period, a panel of judges (the "Contest Judges") appointed by the Sponsor will judge all eligible Entries submitted and received in accordance with these Rules on the basis of the following weighted criteria:
| Criteria | Weighting |
| 1. Location - The location of your video will be judged based on its unique nature. | 20% |
| 2. Creativity – You will be judged on how creatively you interact with your surroundings and what unique elements you convey in your Video. | 20% |
| 3. Connection – You will be judged on how well you convey the importance of the location to you. | 20% |
| 4. Voting – Your Video will be scored based on daily average number of votes it has recieved. | 40% |
| Total Score | Maximum 100% |
Each Entry will be given a score (the “Score”) by the Contest Judges. The eligible entrants associated with the top five (5) eligible Entries based on Score (as determined by the Contest Judges, in their sole and absolute discretion) will each be selected as a Finalist (a “Finalist”). Odds of being selected as a Finalist depend on the calibre of eligible Entries submitted and received in accordance with these Rules. In the event of a tie between two or more eligible Entries based on Score, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3, then Criteria 4) will be selected as the Finalist. In the event of an exact tie based on criteria 1, 2, 3 and 4, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure. NO ONE IS A FINALIST UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A FINALIST IN ACCORDANCE WITH THESE RULES.
Between December 8, 2015 and December 15, 2015 (the "Grand Prize Voting Period"), each Finalist's Entry will be posted on the Website. Members of the public will then be able to visit the Website and vote for their favourite Finalist Entry or Entries.
VOTING FOR THE GRAND PRIZE WINNER IS SUBJECT TO ALL OF THE VOTING RULES SPECIFIED ABOVE IN RULE 10.
Following the conclusion of each Grand Prize Voting Period, the eligible entrant who is associated with the eligible Entry that received the highest number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes during the Grand Prize Voting Period will be eligible to win the Grand Prize (subject to compliance with these Rules). FOR THE AVOIDANCE OF DOUBT, VOTES FROM OTHER PORTIONS OF THE CONTEST DO NOT CARRY FORWARD TO BE CONSIDERED IN THE GRAND PRIZE VOTING PERIOD. In the event of a tie based on the number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received during the Grand Prize Voting Period, a random draw will be used to break the tie from among all such Finalist Entries that are tied. The odds of being eligible to win the Grand Prize (subject to compliance with these Rules) depend on the total number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received during the Grand Prize Voting Period.
14. ELIGIBLE GRAND PRIZE WINNER NOTIFICATION PROCESS: The Sponsor or its designated representative will make a minimum of five (5) attempts to contact the eligible Grand Prize winner within five (5) business days of the close of the Grand Prize Voting Period. If the eligible Grand Prize winner cannot be contacted within five (5) business days of the initial contact attempt that is made by or on behalf of the Sponsor, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to receive the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining Finalist Entries in accordance with the applicable procedures outlined in Rule 13 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Grand Prize winner).
15. ELIGIBLE GRAND PRIZE WINNER CONFIRMATION PROCESS: NO ONE IS THE GRAND PRIZE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE GRAND PRIZE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED THE CONFIRMED GRAND PRIZE WINNER, the eligible Grand Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms continuing compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize; and (iii) releases the Released Parties 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. If the eligible Grand Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Grand Prize (as awarded); and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to receive the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining Finalist Entries in accordance with the applicable procedures outlined in Rule 13 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Grand Prize winner).
16. GENERAL CONDITIONS: This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials, Vote and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
Without limiting the generality of any other section of these Rules, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: www.spinnie.ca/privacy.php). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials, Vote and/or other information with these Rules, or as a result of any technical or other 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, or for any other reason.
For Quebec residents: 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 board only for the purpose of helping the parties reach a settlement.
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 French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these 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 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.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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 parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
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