The contest is only open to all Canadian residents (excluding Quebec) and is governed by Canadian law.
SPONSOR: The sponsor of this Contest is The Bentway Conservancy (the “Contest Sponsor”).
ELIGIBILITY: This Contest is open to all residents of Canada (excluding Quebec) who have reached the age of majority in their province or territory of residence, except employees, representatives and agents of the Sponsors, or their respective affiliates and, if applicable, their respective advertising or promotion agencies, contest judges, contest prize suppliers, and any other companies engaged in the development, production, or distribution of materials for this Contest, and members of the immediate families of, or persons domiciled with, any of the above.
CONTEST PERIOD: The Contest begins at 5:30 pm Easter Time (ET) on October 13, 2018 and ends until 11:00:00am Easter Time (ET) on October 14, 2018.
HOW TO ENTER: You can enter the Contest through Facebook, Twitter or Instagram by posting a photo or a video meeting the Submissions Guidelines (as defined below), provided your Twitter or Instagram account are publicly viewable and you follow @TheBentway on your platform of entry, or on Facebook, that the post is set to be viewable by the “Public” in the post’s privacy settings and has @thebentway tagged. On all three platforms, the post must include the hashtag #MyWaterlicht (each, an “Entry” or collectively, “Entries”). Subject to verification with the Submission Guidelines outlined below, when a picture is shared on Instagram, Twitter, or Facebook with the mention #MyWaterlicht, the participant will receive one entry for the prize drawings.
Only one (1) Instagram, Twitter, or Facebook account may be used by any person to participate in the Contest. Duplication or any attempts or suspected attempts, as determined in the sole discretion of the Contest Sponsor, to exceed the maximum number of entries or accounts per person is a violation of these Rules and may result in disqualification and forfeiting of any prize. Entrant must not create false identities, or impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity. The sole determinant of time for the purposes of receipt of a valid entry in this Contest will be the date and time generated on the post or tweet. Automated, scripted or robotic entries are prohibited, and any use of such automated devices may result in disqualification. Proof of submission does not constitute proof of receipt. For any method of entry, in the event of a dispute over the identity of an entrant, the entry will be considered made by the Registered Owner (as defined in below) of the applicable Instagram or Twitter account. “Registered Owner” is defined as the natural person for whom the Instagram or Twitter account is registered.
NO PURCHASE NECESSARY. Internet access, a Facebook account, or a public Twitter or Instagram account required. Online entry through Facebook, Twitter or Instagram only; no other means of submission will be accepted. Many public libraries, Internet cafés, retail businesses and others offer access to the Internet.
PHOTOGRAPH AND VIDEO SUBMISSION AND POSTING GUIDELINES (“Submission Guidelines”): Any photo or video uploaded by an entrant must:
- Be an original work, created solely by the entrant, and over which the entrant has all necessary rights, title and interest, including copyright;
B. Not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;
C. Not use, or be confusingly similar to, the brand names, trade names, trademarks or logos of any third parties;
D. Be suitable for family audiences, in the sole determination of the Contest Sponsor. Without limitation, entries and usernames shall not contain any content that is or contains: the promotion of unlawful behaviour, political in nature, profanity, nudity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable;
F. Have been created specifically for this Contest, and have not been previously published, or entered into, or received any awards in, any other contest or competition;
G. Be from an identifiable source. The entrant must not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
H. Not be prohibited for use by applicable laws or guidelines;
I. Be consistent with the Contest Sponsor’s image; and
J. Comply with these Rules.
The Contest Sponsor reserves the right to review any entry at any time during the Contest Period for compliance with these Submission Guidelines and these Rules and to take such action as it deems appropriate, including removing any entry or entrant from the Contest in the Contest Sponsor’s sole discretion. Any such review shall not relieve entrants from responsibility for compliance with these Rules.
By entering, you:
(i) Represent and warrant that you have the right and authority to, and do hereby, grant to the Contest Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trademark, copyright and or otherwise use without limitation all or any part of the entry in any manner and media whether now known or hereafter devised including, without limitation, on social media platforms and product packaging; and
(ii) Waive any and all moral rights that you may have in and to the entry with respect to the uses contemplated herein.
By entering the Contest, entrants agree to release and hold harmless the Contest Group (as defined below) from any and all claims that any commercial, advertising, presentation, web content or other material in any media throughout the universe subsequently produced, presented and/or prepared by or on behalf of the Contest Sponsor, infringes with regard to any elements, characters or ideas contained in your entry. For greater certainty, the Contest Sponsor will not be responsible should any future packaging, advertising, promotion, or other independently developed creative, marketing or advertising materials bear any resemblance to an entry that is not declared to be a winning entry.
By submitting an entry, you warrant and represent that:
(i) It is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright (excluding content provided by the Contest Sponsor, if applicable);
(ii) It does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; and
(iii) Its publication of the entry via various media, including without limitation publicly on the Internet, will not infringe on the rights of any third party. Entrant agrees to defend, indemnify and hold harmless the Contest Group from any claims involving a breach of the warranties and representations in this Rule5.
PRIZES AND DRAWS: A tour with WATERLICHT’s Daan Roosegaarde with an approximate value of $100 (the “Prize”) for WATERLICHT on October 14, 2018 is available to be awarded at the end of the Contest Period.
Judging of all eligible entries (“ Prize Draw”) will be conducted by The Bentway Conservancy and Studio Roosegaarde team, with the winning entry chosen for their aesthetic value and fidelity to the theme of the contest. This will take place at The Bentway Conservancy, 1183 King St., West, Suite 200, Toronto, ON on the 14th of October 2018 at 12 PM (ET). The winner will be announced on the 14th of October by 7 PM (ET) on the social media channels of the Contest (@thebentway on Instagram, Twitter, Facebook).
GENERAL PRIZE CONDITIONS: The Prize must be accepted as awarded and cannot be substituted, transferred, exchanged or surrendered for cash, except at the sole and absolute discretion of the Contest Sponsor, if it is judged that the residence of a winner is in a region too far away from a movie theatre. The winner of the Prize is responsible for all other fees that are not specifically mentioned herein. The Prize winner acknowledges that the Contest Group (as defined below) have not made or are not in any manner responsible or liable for any warranty, condition, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. The Contest Group shall not be liable for injury, loss, or damage of any kind, including death, resulting from the acceptance or use/misuse of the Prize or otherwise from participation in the Contest.
HOW TO CLAIM A PRIZE: If you are selected as eligible to win the Prize, you will be notified via direct message on Instagram, Twitter, or Facebook on the 14th of October 2018 (the “Prize Notification”). In order to be declared a winner, a potential winner must:
(i) Respond to correspondence received via a message from the Contest Sponsor’s designated agent and complete the documentation outlined below within 3 hours of the Prize Notification;
(ii) Correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a required mathematical skill-testing question;
(iii) Otherwise comply with these Rules.
If a potential Prize winner fails to meet any of these requirements, he/she may be disqualified and forfeit the Prize. The Contest Sponsor may then, at its sole and absolute discretion, select by another eligible entrant (according to their aesthetic value and fidelity to the theme of the contest) whom the Contest Sponsor or its representatives will attempt to contact, and who will be subject to disqualification in the same manner.
The Contest Sponsor will not be responsible for failed attempts to notify any potential Prize winner. No responsibility is assumed by the Contest Sponsor for the prize after it has been picked up, and the winner bears all risk of loss or damages to his/her prize after pickup. The Contest Sponsor makes no representations, warranties or conditions of any kind concerning the appearance, safety or performance of any prize. Winner bears all risk of loss or damages to the prize after delivery.
ADDITIONAL CONDITIONS OF PARTICIPATION: By participating in this Contest, each entrant accepts and agrees to these Rules and all decisions of the Contest Sponsor, which shall be final and legally binding on the entrant in all matters relating to this Contest including, without limitation, eligibility and/or disqualification of entries. All entries become the property of the Contest Sponsor and will not be acknowledged or returned. No responsibility is assumed by the Contest Group for any inability for a potential entrant to successfully enter any draw for any reason. The Contest Group is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (e.g. screenshots) does not constitute proof of receipt by the Contest Sponsor. By submitting an entry to this Contest, entrants confirm their compliance with these Rules, and release the Contest Sponsor, the Administrator, the prize suppliers, and each of their respective subsidiaries, parents and affiliates, and each of their respective shareholders, employees, directors, officers, representatives, agents, successors and assigns (collectively, the “Contest Group”) from all liability or responsibility for any claim arising in connection with entrant’s acceptance, use or misuse of the prize or otherwise from such entrant’s participation in this Contest. By entering this Contest, each entrant and winner acknowledges and agrees that the Contest Group disclaims any implied warranty.
(i) RESIDENTS OF CANADA, EXCLUDING QUEBEC: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the Province of Ontario.
- Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of the foregoing activities may be disqualified and will forfeit any prize won.
- Entries generated (or suspected to have been generated) by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified.
- The Contest Sponsor may, at its sole discretion and without liability, terminate the Contest in whole or in part, without notice, or modify or suspend the Contest at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or communications or any other errors or other causes beyond the control of the Contest Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Rules. In no event will the number of prizes awarded exceed the available number of prizes as specified in these Rules.
- The Contest Group is not responsible for (and reserves the right, in its sole discretion, to correct) typographical or other errors in the offer or administration of this Contest, including but not limited to, errors in advertising, the Rules, the selection and announcement of winners, distribution of the prizes or technical malfunctions of telephone network lines, computer online systems, servers or providers, computer equipment or software, viruses, bugs, failure of personal computers and/or software and hardware configurations, or failure of any email to be received by the Contest Sponsor or a participant for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof. The Contest Group is not responsible for damage to a user’s system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest. The Contest Group does not warrant that access to or use of the Contest will be uninterrupted or error-free.
- This Contest is subject to all applicable federal, provincial, territorial and municipal laws. Void where prohibited.
- In the event of any discrepancy or inconsistency between the terms and conditions of these English language Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: print or online advertising; the terms and conditions of these English language Rules shall prevail, govern and control.
- PERSONAL INFORMATION AND PUBLICITY RIGHTS:Unless entrants otherwise indicate, the personal information collected, used and disclosed by the Contest Sponsor about entrants in the course of this Contest will be used by the Contest Sponsor for the administration of the Contest and prize fulfillment. The Contest Page is hosted on servers in Canada, but the personal information you provide may be transferred outside Canada to the Contest Sponsor affiliates, business partners, and service providers located in other countries and therefore also be subject to foreign laws.
By participating in this Contest or accepting a prize, you agree to the Contest Sponsor’s use of your name, city/province/territory of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity the Contest Sponsor may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice.
†No purchase necessary. Internet access required. Open to legal residents of Canada (excluding Quebec) at time of entry. Correctly answering a mathematical skill-testing question required to win.
Contest Period: October 13, 2018 at 5:30 pm (midnight ET) to October 14, 2018 at 11:00:00 am ET. Prize: A tour with WATERLICHT’s Daan Roosegaarde for WATERLICHT at The Bentway on October 14, 2018 (Approximate value: $100).
Odds of winning depend on entries received for the draw.