Spring Cleaning Contest
BLACK+DECKER
Spring Cleaning 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 Spring Cleaning Contest (“Contest”) is sponsored
by BLACK+DECKER Division of Stanley Black & Decker Canada
Corporation, 6275 Millcreek Drive, Mississauga, Ontario L5N 7K6 Canada (“Sponsor”).
The entry period starts May 1st, 2017 at 3:30:00 PM Eastern
Time (“ET”) and ends at May 8th, 2017 11:59:59 PM ET (“Entry
Period"). All Entries (defined
below) must be entered 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 contest. Limit of
one (1) Entry per person. There will be one (1) prize awarded and one (1)
Winner declared. 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 INSERT LINK HERE. 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 you do not fully agree to the terms of Sponsor’s Privacy Policy and
these Official Rules, you 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”), 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) on your Instagram® account, post a photo of your spring
cleaning project and BLACK+DECKER products; (3) tag @blackanddeckerca and
include the hashtag #BDSpringCleaning. 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)
content that shows undue risk of harm to any person or property or depicts
anything that is unsafe, could be harmful to entrant or others, or does not
reflect correct usage of the products shown. 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.
The photo images, titles,
captions, descriptions, statements, etc. submitted with Entries will be
published and posted on BLACK+DECKER’s Instagram® account and will be publicly
available for viewing. If you do
not want your PHOTO IMAGES, TITLES, CAPTIONS, DESCRIPTIONS, STATEMENTS, ETC.
used in the manner described herein, do not enter this CONTEST. BLACK+DECKER
is not responsible for any authorized use of an entrant’s submitted entry
materials by Instagram, Inc. and its affiliates or by Instagram® users. All
submitted entry materials must be consistent with the theme of and in
compliance with these Official Rules. All submitted entry materials must
be original to the entrant and only consist of the entrant and their home
workspace, tools or home projects and must not include any non-participating
individuals or entities. By entering this Contest, each entrant agrees to be
bound by these Official Rules and represents and warrants the submitted entry
materials are original, they own all right and title thereto and they do not
infringe any third party intellectual property. By submitting an Entry, the
entrant represents and warrants that the above is accurate and true. Entrant
agrees to assign and hereby does assign to BLACK+DECKER the ownership rights to
all of the submitted entry materials. To the extent any such ownership
rights are owned by or obligated to be assigned to Instagram, Inc. or its
affiliates, the entrant agrees to assign and hereby does assign all remaining ownership
rights to BLACK+DECKER, and agrees to grant, and hereby does grant, to BLACK+DECKER
a worldwide, irrevocable, royalty-free license under any rights owned by or
obligated to be assigned to Instagram, Inc. or its affiliates. All
submitted entry materials must be entered at one time and once an entrant
submits their Entry, it cannot be changed. Video files are not an acceptable
format for entry in this Contest. Entry in this Contest constitutes permission
(except where prohibited by law) to use entrant’s name, city, state, likeness,
image and submitted entry materials for purposes of advertising, promotion and
publicity in any and all media now or hereafter known, throughout the world in
perpetuity, without additional compensation, notification, permission or
approval. All submitted entry materials become the property of BLACK+DECKER and
will not be returned and may not be acknowledged. If the Contest is not
completed in accordance with these Official Rules, the resulting entrant’s
Entry 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 one
(1) Entry that best satisfy the judging criteria from all Entries in this
Contest. The Judging Panel shall base
its selection on:
(a) 50% - adherence to theme of this Contest (spring cleaning project
with BLACK+DECKER products); and (b) 50% - creativity and originality.
The Judging Panel reserves the right to reject or not consider any Entry in
this Contest for any reason.
4. NOTIFICATION AND ACCEPTANCE OF PRIZE: 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 accept a prize by returning to Sponsor a completed and
personally signed Declaration of Eligibility and Liability/Publicity Release
(“Declaration and Release”) within 10 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, the potential Winner must
correctly answer a time-limited, mathematical skills-based question without
mechanical or other assistance no later than 20 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 determined
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 an official “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 Spring Cleaning Prize Pack consisting of a 4v MAX* Lithium
Pivot Screwdriver BDCS40BI ($67.67 CAD), BLACK+DECKER
Cordless Lithium Hand Vacuum HHVJ320BMF26 ($168.24 CAD), 20v MAX* Lithium Ion MOUSE® Detail Sander BDCMS20C ($69.99 CAD), and 20v MAX*
Lithium String Trimmer LSTE525 ($159.99 CAD).
The total approximate retail value of all prizes in this Contest is $465.89
CAD. The
prize will be shipped to each Winner up to 12 weeks after he/she is declared an
official 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) that was provided on the Winner’s
Declaration and Release. 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 acceptance, use and/or misuse
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 battery 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.: B. Shepherd/ BLACK+DECKER
Spring Cleaning Contest, and specify whether you request the
Official Rules or name of the Winners.
All such requests must be received by Sponsor by July 1, 2017.
Instagram® is a registered trademark of
Instagram, LLC. Instagram is not affiliated with or a sponsor of this contest