Photo Contest Official Rules

BLACK+DECKER # BACK-TO-UNI-OR-COLLEGE CONTEST

OFFICIAL RULES

 

No Purchase Necessary to Enter or Win.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

RESIDENTS OF THE PROVINCE OF QUEBEC, CANADA ARE NOT ELIGIBILE TO ENTER THIS CONTEST. 

VOID WHERE PROHIBITED BY LAW OR REGULATION.

This Contest is in no way sponsored, endorsed, administered by or associated with Instagram, Inc.

 

This Black+Decker # Back-to-Uni-or-College Contest (“Contest”) is sponsored by Stanley Black & Decker Canada Corporation, whose address is 6275 Millcreek Drive, Mississauga, Ontario L5N 7K6 Canada (“Sponsor”).  The entry period will start August 15, 2016 at 05:00:00 PM Eastern Time (“ET”) and end August 21, 2016 at 11:59:59 PM ET (“Entry Period").  All Entries (as defined below) must be received during the Entry Period.  Sponsor’s computer shall be deemed to be the official Contest clock.  Entry in this Contest does not constitute entry into any other promotion or giveaway.  Limit of one (1) Entry per person.  Provided there are a sufficient number of meritorious entries, there will be three (3) prizes awarded and three (3) Winners declared, and not more than one (1) prize per Winner.  By entering this Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor whose decisions shall be final and legally binding.  The information provided by each entrant will be used in accordance with Sponsor’s privacy policy, which may be viewed at http://www.blackanddecker.ca/en-ca/legal/privacy-policy.  Any personally identifiable information collected during an entrant's entry in this Contest will be collected by Sponsor or its designees and used by Sponsor and its designees for purposes of the proper administration, fulfillment, publicizing and promotion of this Contest as described in these Official Rules, as stated in Sponsor’s Privacy Policy or as otherwise consented to by entrant during any opt-in opportunity provided to entrant during entry in this Contest or otherwise.  If an entrant does not fully agree to the terms of Sponsor’s Privacy Policy and these Official Rules, such entrant should not enter this Contest. 

 

1.   ELIGIBILITY:  This Contest is open only to persons who are legal residents of Canada (excluding residents of Quebec) and have reached the age of majority in their province or territory of residence at the time of entry in this Contest.  Employees of Sponsor and its affiliates (individually and collectively, “Contest Entities”), each of their respective immediate family members (spouse, children, siblings, parents, grandparents, grandchildren and step family members) and/or people living in same household (related or not) are not eligible to enter this Contest.  Eligibility is subject to all federal, provincial, territorial and local laws and regulations, as well as the rules adopted in view of said laws.  Void where prohibited by law.

 

2.  HOW TO ENTER:  Internet access and an Instagram® account are required to enter this Contest.  Entrants must enter this Contest during the Entry Period as follows:  (1) Follow @blackanddeckerca on Instagram®. (2) post a photo of your back-to-university or college moment on your Instagram account; (3) tag @blackanddeckerca and include the hashtags #Backtouniorcollege and #BDContest.  Upon completion of the above steps, each eligible entry will be referred to as an “Entry”.  Entries must be consistent with the theme of this Contest, be original to the participant and consist only of the entrant and fully comply with these Official Rules.  Entries must not include any of the following:  (a) non-participating individuals or entities; (b) content or materials that infringe or violate any law; (c) objectionable content or language that is crude, inappropriate or offensive to others; (d) anyone who is under the age of majority in the province or territory where such person(s) reside(s); and (e) any content that shows undue risk of harm to any person or property or depicts anything that is unsafe or could be harmful to entrant or others.  Sponsor will review each entry to confirm it is consistent with the theme of this Contest.  If any entry submitted is determined to be ineligible by Sponsor, for any reason, it will be disqualified; disqualification is not subject to appeal.  Entry materials will be publicly available on Instagram; IF YOU DO NOT WANT YOUR ENTRY USED IN THE MANNER DESCRIBED HEREIN, DO NOT ENTER THIS CONTEST.  Sponsor and Instagram are not responsible for any unauthorized use of an entrant’s Entry.  Contest Entities are not responsible for any costs or expenses incurred by any entrant in connection with entering this Contest.  By entering this Contest, each entrant represents and warrants that the Entry is original, they own all right and title thereto, it does not infringe any third party intellectual property and that no one in such Entry is below the minimum age required by this Contest.  Contest Entities shall not be responsible for any lost, late, incomplete, invalid, unintelligible or misdirected Entries and such Entries will be disqualified.  Multiple entrants are not permitted to share the same Instagram® account.  If there is a dispute over the identity of an entrant, the authorized account holder of the Instagram® account used to enter will be deemed to be the entrant.  “Authorized account holder” is defined as the natural person assigned to an Instagram® account by Instagram®.  Tampering with the entry process is prohibited and any Entries deemed by Sponsor, in its sole and absolute discretion, to have been submitted in this manner will be disqualified.  Any attempt by any entrant to enter by using multiple/different Instagram® accounts, identities or any other methods will void that entrant’s entries and that entrant will be disqualified from entering this Contest.  Forged entries or entries generated by any commercial subscription notification, script, macro, automated system entering service or through other third-party websites or software programs will be disqualified.  Entries that are incomplete, garbled, corrupted or unintelligible for any reason, including but not limited to, computer or network malfunction or congestion, will be disqualified.

 

3.  JUDGING.  Once the Entry Period has ended, the Judging Panel (comprised of members of Sponsor’s social media team) will select the three (3) Entries that best satisfy the judging criteria from all Entries in this Contest.  The Judging Panel shall base its selection on the following criteria:  (a) 50% - adherence to the theme of this Contest; and (b) 50% - creativity / originality.  The Judging Panel reserves the right to reject or not consider any Entry in this Contest for any reason.  Sponsor in its sole and absolute discretion will determine the three (3) Entries that are the potential “Winners”.  Odds of winning depend on the number of total number of eligible Entries received and the ability of the entrants to meet the judging criteria.

 

4.  NOTIFICATION AND CLAIM OF PRIZE:  Each potential Winner will be notified by Sponsor via Instagram® within five (5) business days after the judging is completed.  Each potential Winner must respond to Sponsor and claim the prize by returning to Sponsor a completed and personally signed Declaration of Eligibility and Liability/Publicity Release (“Declaration and Release”) within ten (10) business days after such notification or such potential Winner’s prize will be forfeited.  The Declaration and Release confirms potential Winner’s compliance with these Official Rules and releases the Released Parties (defined below) from any liability in connection with such potential Winner’s entry in this Contest and/or their acceptance, possession, use or misuse of the prize.  In addition, each potential Winner must correctly answer a time-limited, mathematical skills-based question without mechanical or other assistance no later than thirty (30) business days after Sponsor’s first notification attempt. If, despite reasonable efforts by Sponsor any potential Winner does not respond to such notification from Sponsor to accept prize, does not return the Declaration and Release to Sponsor and successfully complete the skills-based question within the designated time period(s), if notification is returned as unclaimed or undeliverable, if any potential Winner is determined to be ineligible or otherwise disqualified from this Contest (including for failure to correctly answer the skills-based question) and/or has not complied with these Official Rules or declines prize for any reason, such potential Winner will be disqualified and forfeit prize and Sponsor may, but shall not be required to, select an alternate potential Winner based on the entrant with the next highest score by the Judging Panel.  Sponsor shall have no liability for any prize winning notification or documentation relating to this Contest that is lost, intercepted, delayed in delivery or not received by any potential Winner for any reason. To be declared a “Winner” each potential Winner must meet all eligibility requirements, fully comply with these Official Rules and correctly answer a time-limited, mathematical skills-based question without mechanical or other assistance.  Prize award is subject to verification by Sponsor.  AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN ADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE. 

 

5.   PRIZE:  The prize is one (1) Black+Decker prize pack consisting of one (1) of each of the following: BLACK+DECKER 20V MAX* Lithium Pivot Vac™ model # BDH2000PL (ARV $99.99 CAD); BLACK+DECKER Lithium Screwdriver and Project Kit model # LI2000PK (ARV $59.98 CAD); and BLACK+DECKER Mill & Brew Coffeemaker with Grinder model # CM5000BD (APR $65.99 CAD). The total approximate retail value is $225.96 CAD; and the total approximate retail value of all prizes to be awarded is $677.88.  The prize will be shipped to each Winner up to 12 weeks after he/she is declared a Winner by Sponsor.  Sponsor will ship the prize via regular ground mail to each Winner’s physical address (cannot ship to a post office box) as provided at the time of entry.  Each Winner is responsible for all taxes on the prize.  Contest Entities shall not be responsible for any taxes, fees, costs, or expenses incurred by any entrant in connection with their claim and/or use of the prize awarded.  The prize is non-transferable, non-assignable and not redeemable for credit or cash and no substitution will be made except that Sponsor reserves the right to substitute the prize for a prize of equal or greater value, for any reason, in its sole and absolute discretion. * - Maximum initial voltage (measured without a workload) is 20 volts. Nominal voltage is 18.

 

6.  CONDITIONS AND RELEASES:  By entering this Contest, each entrant agrees on behalf of him/herself and each of his/her heirs, executors, administrators, representatives, insurers, successors and assigns:  (A) to release and hold harmless Contest Entities, Instagram, Inc., Contest prize suppliers and each of their respective past and present officers, directors, employees, designees, agents, mandataries, representatives, shareholders, affiliates, owners and licensees (individually and collectively, “Released Parties”) from any and all liability, rights claims and causes of action that entrant may have or which may arise against the Released Parties for any illness, injury, death, loss, litigation or personal or property damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s entry in this Contest and/or their acceptance, possession, use or misuse of the prize; (B) to be bound by these Official Rules and waive any right to claim any ambiguity or error therein or in this Contest itself; and (C) that Released Parties are not responsible or liable for any injury or damage to any entrant’s or third person’s computer and/or its contents, related to or resulting from this Contest, for the theft of the prize or mail, for any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof.  Failure to comply with these Official Rules may result in disqualification from this Contest at Sponsor’s sole and absolute discretion.  To the maximum extent permitted by law, Sponsor makes no warranties or conditions, and hereby disclaims any and all warranties and conditions, express, implied or collateral, concerning any prize or any portion thereof furnished in connection with this Contest.  These Official Rules cannot be modified in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor and any such amendment will be located on the Entry Site.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.  Headings of paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, modify or construe the meanings of Sponsor, scope of these Official Rules or the intent of any paragraph hereof.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules or any Contest-related materials, including but not limited to print or online advertising.  In the event of any discrepancy or inconsistency between these Official Rules or other statements contained in any Contest-related materials, including but not limited to print or online advertising, these Official Rules shall prevail, govern and control.

 

7.   PUBLICITY RIGHTS:  Acceptance of a prize constitutes permission (except where prohibited by law) from each Winner for Sponsor and its designees to use Winner’s name, likeness, biographical information, photograph (whether still or in video), image, voice, address (city and province/territory), prize information and any statements, testimonial or remarks made about winning a prize or entering this Contest (“Attributes”) for advertising and promotional purposes and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.  Each Winner agrees to release Sponsor and its designees from all claims arising out of such Attributes.

 

8.  DISQUALIFICATION/FORCE MAJEURE:  Subject to applicable laws, Sponsor reserves the right to modify, extend, suspend, or terminate this Contest if it determines, in its sole and absolute discretion, that this Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Contest as contemplated herein.  In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with this Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, provincial or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to applicable laws Sponsor shall have the right to modify, suspend or terminate this Contest, subject to applicable laws.  If this Contest is terminated before the designated end date, Sponsor’s Judging Panel will, if possible, select the potential Winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.  Inclusion in such judging review shall be each entrant’s sole and exclusive remedy under such circumstances.

 

9.    DISPUTES:  ThIS Contest is governed by, and will be construed in accordance with, the laws of the PROVINCE OF ontario AND the FEDERAL LAWS OF CANADA APPLICABLE THEREIN.  SUBJECT TO APPLICABLE LAWS, ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE province of ontario AND FEDERAL COURTS OF CANADA. THE REMEDY FOR ANY CLAIM BY ENTRANT SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LEGAL FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR DAMAGES FOR LOST PROFITS, REVENUE OR OPPORTUNITY OR FOR BUSINESS INTERRUPTION, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

 

10.  OFFICIAL RULES; WINNERS:  To obtain these Official Rules or Winners’ names, send a self-addressed, stamped envelope to 6275 Millcreek Drive, Mississauga, Ontario L5N 7K6 Canada, Attn.:  S. Raja/ Black+Decker #Back-to-Uni-or-College Contest, and specify whether you request the Official Rules or Winners’ names.  All such requests must be received by Sponsor by October 1, 2016.