HOLIDAY GIVEAWAY RULES & REGULATIONS
By participating in the Holiday Giveaway, each entrant agrees to be bound by these Official Holiday Giveaway, Rules and Regulations (the “Rules”) and by the interpretation of these Rules by the Sponsor, as defined below, with regards to all aspects of this Holiday Giveaway, including without limitation eligibility and/or disqualification of entrants and/or entries, which are final and binding without right of appeal.
No donation or purchase is necessary to enter or win. A purchase does not increase the chances of winning.
This Holiday Giveaway is not sponsored, endorsed or administered by, or associated with Instagram, Facebook or TikTok.
HOLIDAY GIVEAWAY PERIOD:
Holiday Giveaway begins on December 10, 2022 at 10:00 am Eastern Time (“ET”) and ends on December 26, 2022 at 10:00 am ET (the “Holiday Giveaway Period”).
The Holiday Giveaway is open to all Instagram, Facebook and/or TikTok account holders who are (a) legal residents of the U.S.A and Canada, (except the province of Quebec), and (b) who have reached the age of majority in their state/province/territory of residence at the time of entry. Employees, officers, directors and agents of Cardinal of Canada (the “Sponsor”) are not eligible to enter.
HOW TO ENTER ON INSTAGRAM, FACEBOOK, AND/OR TIKTOK PLATFORMS:
HOW TO ENTER ON INSTAGRAM:
- Follow @CardinalofCanada
- Like, Comment + Tag 2 friends under any @CardinalofCanada Holiday Giveaway post with #CardinalHolidayGiveaway
HOW TO ENTER ON TIKTOK:
- Follow @CardinalofCanada
- Like, Comment + Tag 2 friends under any @CardinalofCanada Holiday Giveaway post with #CardinalHoliday Giveaway
HOW TO ENTER ON FACEBOOK:
- Follow Cardinal of Canada
- Like, Comment + Tag 2 friends under any Cardinal of Canada Holiday Giveaway post with #CardinalHolidayGiveaway
Each of the steps completed above according to platform is an “Entry”.
Entrants may submit more than one Entry on either the Instagram, TikTok or Facebook platforms, but entrants may only comment and tag the same two (2) friends once per daily Holiday Giveaway Post on a platform. Entries are unlimited.
Entrants’ Instagram, TikTok, and Facebook Accounts must be public to be eligible. Entries will be rejected if your Entry does not meet the Entry Requirements set out below or your Account is set to private.
All Entries become the property of the Sponsor or its assigns.
Entries must be received prior to the end of the Holiday Giveaway Period. The sole determinant of the time for the purposes of a valid online entry in this Holiday Giveaway will be Sponsor’s server.
Each entrant represents and warrants that their Entry:
- other than the friends who are “tagged”, the Entry will not contain any reference to any third parties or third-party trademarks, unless the entrant has obtained consent from all such individuals or owners to such reference (if an Entry contains any reference to third parties who are under the age of majority in their province or territory of residence, then consent must also be obtained from any such persons’ parent or legal guardian);
- will not give rise to any claims of copyright or trademark infringement, invasion of privacy or publicity, infringe any rights and/or interests of any third party, or give rise to any claims (including but not limited to, for payment) whatsoever; and
- is not defamatory, trade libellous, pornographic or obscene, and further that it will not contain, without limitation, any of the following:
- Explicit, graphic or excessive sexual activity;
- Crude, vulgar or offensive language and/or symbols;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups;
- Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
- Personal information of individuals, including without limitation, their names and addresses (physical or email);
- Commercial messages, comparisons or solicitations for products or services;
- Any reference to other menswear retailers, websites or wholesalers, other than Cardinal of Canada.
- Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Holiday Giveaway judges in their sole discretion; or
- Is inconsistent with the reputation and image of the Sponsor.
Sponsor shall determine whether an Entry meets these requirements and may disqualify any Entry if Sponsor determines, in its sole discretion, they do not.
By entering the Holiday Giveaway and submitting an Entry entrants agree: (i) that the Sponsor shall have unlimited, gratis, royalty-free, transferable, sublicensable, and perpetual right and license throughout the world to publish, upload, display, reproduce, modify, edit or otherwise use the Entry, including, without limitation, in whole or in part, on the Sponsor’s website, Facebook, Twitter, Instagram and/or TikTok accounts, and/or for advertising or promoting the Holiday Giveaway or for any other reason; and (ii) to release and hold harmless the Sponsor the Holiday Giveaway Parties and each of their respective agents, employees, directors, officers, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
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, multiple accounts, or, and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Holiday Giveaway in any way (as determined by the Sponsor in its sole and absolute discretion); then they may be disqualified from the Holiday Giveaway in the sole and absolute discretion of the Sponsor.
THE PRIZES AND APPROXIMATE RETAIL VALUE:
Three (3) winners will be chosen at random.
Each winner will have the choice of one (1) coat from our collection, on our website, subject to availability.
Retail value varies from 495U$ to 1195U$.
The Prize must be accepted as awarded and is not transferable (except at the sole and absolute discretion of the Sponsor) or convertible to cash or credit. Sponsor reserves the right to substitute the Prize or any component thereof with a prize or prize component of equal or greater value, at Sponsor’s sole discretion. For avoidance of doubt, no substitutions will be made except at Sponsor’s option.
ODDS OF WINNING:
Odds of winning depend on the number of eligible Entries received across all platforms during the Holiday Giveaway Period.
PRIZE WINNER SELECTION:
On 12/26/2022 in Montreal, Quebec, at approximately 3:00 PM ET
Three (3) eligible entrants will be selected by random draw from among all eligible Entries received during the Holiday Giveaway Period.
After the draw, the Sponsor will notify the selected eligible entrant by direct message (“DM”) through their Account and via the platform used for such Entry with further information on how to be confirmed as a winner and claim the Prize. If the eligible entrant cannot be reached for whatever reason and/or does not respond within three (3) business days via email, or there is a return of any notification as undeliverable, then the eligible entrant will be disqualified at the sole and absolute discretion of the Sponsor, and another eligible entrant will be randomly selected from the remaining eligible Entries received in accordance with these Rules.
Before being declared the winner, the eligible entrant will be required to: sign and return within seven (7) business days of notification the Sponsor’s declaration and release form confirming compliance with these Rules, acceptance of the Prize as awarded and releasing the Holiday Giveaway Parties and each of their respective officers, directors, agents, representatives, successors and assigns from any liability in connection with this Holiday Giveaway, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize. If the selected entrant fails to return the Holiday Giveaway documents within the specified time and as directed by the Sponsor, then they will forfeit the Prize and an alternate eligible entrant will be randomly selected from amongst the remaining eligible entries.
In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the Authorized Account Holder of the email address submitted. The individual assigned to the email address for the domain associated with the submitted email address is considered the “Authorized Account Holder”. Selected entrants may be required to provide Sponsor with proof that the selected entrant is the Authorized Account Holder of the account drawn as the winner or other 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 Holiday Giveaway; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry; or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, in each case for the purposes of administering this Holiday Giveaway in accordance with these Holiday Giveaway 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.
Upon satisfactory receipt of the Holiday Giveaway documents and other eligibility requirements, the Prize will be mailed directly to the Prize winner’s mailing address. Delivery of the Prize to the winner’s mailing address will be done within approximately 2-4 weeks of satisfactory receipt of Holiday Giveaway documents.
Winners agree to post a picture, on any or all of their social media platforms, of someone wearing the winning coat, and include a tag for @cardinalofcanada.
By entering the Holiday Giveaway and accepting the Prize, the selected entrant agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Holiday Giveaway and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including, without limitation, print, broadcast or the Internet. This Holiday Giveaway is subject to all applicable federal, provincial and municipal laws. The decisions of the Holiday Giveaway judges with respect to all aspects of this Holiday Giveaway are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries.
Subject to applicable laws, the Sponsor reserves the right: to cancel, modify, suspend, extend, withdraw or amend these Rules or the Holiday Giveaway in any way, in the event of an error, accident, printing, administrative, or other error or any kind, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause that interferes with the proper conduct of the Holiday Giveaway as contemplated by these Rules without prior notice or obligation. Furthermore, the Sponsor reserves the right at its sole and absolute discretion to disqualify any individual from the Holiday Giveaway, and to ban that individual from any future promotion of the Sponsor, if the Sponsor finds or believes such individual to be tampering with the entry process or the operation of the Holiday Giveaway or website, to be acting in violation of the Holiday Giveaway Rules, in a disruptive manner, or with intent to annoy, abuse, threaten or harass the Holiday Giveaway Parties, other entrants or any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS HOLIDAY GIVEAWAY IS 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.
Without limitation, the Holiday Giveaway Parties and each of their respective officers, directors, employees, agents, representatives, successors (collectively, the “Released Parties”) will not be responsible or liable for: (a) lost, stolen, delayed, damaged or misdirected claims or Entries; (b) any incorrect or inaccurate information, whether caused by Holiday Giveaway website users or by any equipment or programming associated with or utilized in the Holiday Giveaway or by any technical or human error which may occur in the processing of Entries in the Holiday Giveaway; (c) any error, omission, interruption, deletion, defect or delay in operation of the Holiday Giveaway website or any transmission in connection with the Holiday Giveaway; (d) any communications line failure, theft, destruction or unauthorized access to, or alteration of, Entries; (e) any problems with, or technical malfunction of, any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; (f) any injury or damage to entrants’ or to any other person’s computer or other device related to or resulting from participating or downloading materials in this Holiday Giveaway; or (g) errors or omissions with respect to the printing or advertising of this Holiday Giveaway. If the Holiday Giveaway is not capable of running as planned for any reason, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause of any nature whatsoever beyond the reasonable control of the Released Parties which corrupt or affect the administration, security or proper conduct of this Holiday Giveaway, the Sponsor reserves the right at its sole and absolute discretion to, without advance notice, terminate, extend or suspend the Holiday Giveaway, in whole or in part, or modify it in any way.
The Released Parties accept no legal liability, express or implied, regarding the use of the Entry by the Sponsor, or for loss, damage or claims caused by the awarded Prize(s) or the Holiday Giveaway itself. By entering the Holiday Giveaway, each entrant releases and holds harmless the Released Parties from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use of an Entry, the Holiday Giveaway or any Prize (or a portion thereof) awarded. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.
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 their terms as if the invalid or illegal provision were not contained herein.
Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Cardinal of Canada as final and binding as it relates to the content of this Campaign.
Cardinal of Canada reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Cardinal of Canada’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Cardinal of Canada may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Cardinal of Canada. Cardinal of Canada reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Cardinal of Canada has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Cardinal of Canada reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering, You agree to release and hold harmless Cardinal of Canada and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF The USA & Canada, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Montreal, having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, email your request to firstname.lastname@example.org Requests must be received no later than January 15, 2023.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook or TikTok.