100 Calendar Giveaway Contest Official Rules

CONTEST PERIOD:

The 100 Calendar Giveaway! Contest (the “Contest”) begins on January 9, 2024 at 12:00 PM Pacific Time and ends on January 15, 2024 at 10:00 AM Pacific Time (the “Contest Period”).

AGREEMENT TO BE LEGALLY BOUND BY THESE RULES:

By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Contest Rules (the “Rules”).

ELIGIBILITY:

The Contest is open to residents of Canada and the United States who: (a) have reached the legal age of majority in their province/state/territory of residence at the time of entry; or (b) are thirteen (13) years of age or older, but have not reached the legal age of majority in their province/territory of residence (a “ Minor”), and whose parent/legal guardian has agreed on his/her own behalf and on such Minor’s behalf, that each of them will be bound by these Rules; or (c) are thirteen (13) years of age or older.

SOCIAL PLATFORM NOT INVOLVED:

The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram (the “Social Platform”). The Social Platform is hereby completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to the Social Platform. You may only use one (1) Social Platform account (each, an “Account” and collectively, the “Accounts”) to participate in this Contest. You are solely responsible for ensuring your Account settings are set to be able to receive notification messages, monitoring your Account for such notification messages and following all instructions contained in such notification messages that may be received from the Sponsor regarding your participation in the Contest.

 

HOW TO ENTER:

No purchase necessary. You may earn an entry in the Contest (each, an “Entry” and collectively, the “Entries”) as follows:

 

Instagram:

To enter via Instagram, you must log-in to your Instagram Account and (i) become a “follower” of the official @victoriarosepark account on Instagram (Note: you can un-follow at any time after the Contest ends without impacting your chances of winning), (ii) “like” and save this post, (iii) tag a friend in the comments where each comment represents one entry (odds of winning increase with additional entries, no limit on number of entries). When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) Entry in the Contest.

 

To be eligible, all content and materials associated with your Entry (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) include all required components and materials noted above; (iii) be in accordance with these Rules, including, but not limited to, the specific Participation Requirements listed below; and (iv) be in accordance with the terms, rules, policies and guidelines of the Social Platform (the “Social Platform Rules”) (all as determined by Sponsor in its sole and absolute discretion). Standard data rates apply to participants who choose to participate in the Contest via a mobile device. To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period.

 

ENTRY LIMIT:

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: (i) exceed any of the limits stated in these Rules; and/or (ii) use multiple Accounts, names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) 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. An Entry may be rejected if (in the sole and absolute discretion of the Sponsor): (i) the Entry is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Participation Requirements listed below) and/or the Social Platform Rules (all as determined by Sponsor in its sole and absolute discretion). The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries or any other Contest-related information (all of which are void).

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: (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 or any other information submitted (or purportedly submitted) 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 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 Contest server machine(s).

PARTICIPATION REQUIREMENTS:

BY SUBMITTING AN ENTRY, YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) 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 (DEFINED BELOW) 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 A/THE WINNER, A/THE PRIZE (INCLUDING ANY USE OR MISUSE OF A/THE PRIZE). THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU (AND, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE SOCIAL PLATFORM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY/THE PRIZE.

 

By participating in the Contest, you (and, if you are a Minor, your parent or legal guardian) hereby warrant and represent that any Entry Materials you submit:

1.   is/are original to you and that you have obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;
2.   do not violate any law, statute, ordinance or regulation;

1. do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

1.   will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
2.   is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

 

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 it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.

 

LICENSE:

By entering the Contest and submitting an Entry, you (and, if you are a Minor, your parent or legal guardian): (i) without limiting the Social Platform Rules, grant to the Sponsor, in perpetuity, a non-exclusive, worldwide license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use your Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason in any type of media; (ii) waive all moral rights in and to your Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry Materials); and (iii) agree to release and hold harmless the Released Parties (defined below) 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. 

 

PRIZES:

There will be 100 prizes (each, a "Prize").  Each Prize consists of:

•   2024 Calendar with a total approximate retail prize value of $75.00CAD. The characteristics and features of the merchandise (except as otherwise explicitly described above) are at the Sponsor’s sole and absolute discretion. The merchandise must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute this prizing or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.

 

There is a limit of one (1) Prize per person.

PRIZE WINNER SELECTION PROCESS:

On January 16, 2024 (the "Selection Date") in Langley, BC at 9:00 AM Pacific Time, one hundred (100) eligible entrants will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period and each such selected entrant will be deemed a potential Prize winner.

The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.

WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of 2 attempts to contact each potential Prize winner (using the information provided at the time of entry) within 1 business days of the Selection Date. If a potential Prize winner cannot be contacted within 2 business days of the Selection Date, 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 the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate potential Prize winner following the same winner selection procedure described above (with the necessary amendments), in which case the foregoing provisions of this section shall apply to such new potential Prize winner.

WINNER CONFIRMATION PROCESS:

By accepting a Prize, the Prize winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Contest Parties, Instagram and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, 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 Prize or any portion thereof; and (iv) agrees to the publication or other use of the potential winner's name and/or social media handle or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor. If the potential Prize winner: (a) as applicable, failure to return any required properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate potential Prize winner following the same winner selection procedure described above (with the necessary amendments), in which case the foregoing provisions of this section shall apply to such new potential Prize winner. The Sponsor will have final discretion in selecting the winner in the event of a tie or for any other reason.

 

GENERAL CONDITIONS:

All Entries become the property of the Sponsor. 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, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants.  ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION 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 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 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; and/or (v) any combination of the above.

Without limiting the generality of the foregoing, by participating in the Contest, each entrant releases the Released Parties from any and all liability in connection with this Contest and his/her participation therein.

In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to require any individual who purports to be the entrant that submitted the Entry in question to provide proof to the complete satisfaction of the Sponsor (as determined by the Sponsor in its sole and absolute discretion) of being the entrant that submitted such Entry. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification (as determined by the Sponsor in its sole and absolute discretion).

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des course et de 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, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure.  Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) 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.  The Sponsor, subject only to the approval of the Régie in Quebec, reserves the right 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 the forgoing, 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.

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.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.victoriarosepark.com/policies/privacy-policy).

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 necessary, for purposes of verifying compliance by any entrant or Entry 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.

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 or website(s), including, but not limited to: and entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.