ROADSPORT HONDA SOCIAL MEDIA GIVEAWAY CONTEST
OFFICIAL TERMS AND CONDITIONS
THIS CONTEST IS OPEN ONLY TO RESIDENTS OF ONTARIO, CANADA AND MUST BE OVER THE AGE OF MAJORITY WITH A VALID ONTARIO DRIVER’S LICENSE AND IS GOVERNED BY CANADIAN LAW.
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
1. KEY DATES:
The ROADSPORT HONDA Social Media Giveaway Contest (the “Social Media Contest”) begins September, 2018 and will be on-going each month thereafter until further notice (the “Contest Period”).
2. ELIGIBILITY TO ENTER:
The Contest is open only to residents of Ontario, Canada who have reached the legal age of majority in Ontario at the time of entry, except employees (current and retired), representatives or agents (and those with whom such persons are living, whether related or not) of Roadsport Honda, and their respective distributors, representatives, agents, sponsors, parent companies, subsidiaries, affiliates, prize suppliers, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in the Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
5. HOW TO ENTER:
NO PURCHASE NECESSARY. You can earn one (1) Entry to the Contest, as follows:
1. By following the official Roadsport Honda Instagram account (@roadsporthonda), fully complete the Official Contest Announcement Instructions which can be accessed when the monthly contest announcement is made. The Instagram entry instructions requires you to: (i) follow Roadsport Honda on Instagram, post a comment in the comment section of the official contest announcement posting with the following information: tag three (3) friends, state your city of residence as indicated on official government issued identification; and (ii) agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the Instagram entry instructions with all required information and have agreed to the Rules, entrants must successfully post their comment to be eligible to receive one (1) Entry ;
2. By following and liking the official Roadsport Honda Nation Facebook account (@RoadsportHondaNation), fully complete the Official Contest Announcement Instructions which can be accessed when the monthly contest announcement is made. The Facebook entry instructions requires you to: (i) follow and like the Roadsport Honda Nation Page on Facebook, post a comment in the comment section of the official contest announcement post with the following information: tag three (3) friends, state your city of residence as indicated on official government issued identification; and (ii) agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the Facebook entry instructions with all required information, successfully shared the contest announcement post on your own Timeline and have agreed to the Rules, entrants will be eligible to receive one (1) Entry ;
6. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person, per social media platform (ex. 1 Facebook entry and 1 Instagram entry). If it is discovered by Roadsport Honda (using any evidence or other information made available to or otherwise discovered by Roadsport Honda) that any person has attempted to: (i) obtain more than one (1) Entry (regardless of the method of entry); and/or (ii) use multiple names, identities, e-mail addresses, accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; then they may be disqualified from the Contest in the sole and absolute discretion of Roadsport Honda. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of Roadsport Honda, the Entry is not submitted and received in accordance with these Rules.
All Entries and entrants are subject to verification at any time and for any reason. Roadsport Honda reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Roadsport Honda – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of the Contest; and/or (iii) for any other reason Roadsport Honda deems necessary, in its sole and absolute discretion, for the purposes of administering the Contest in accordance with the Roadsport Honda’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of Roadsport Honda within the timeline specified by Roadsport Honda may result in disqualification in the sole and absolute discretion of Roadsport Honda. The sole determinant of the time for the purposes of the Contest will be the official time-keeping device(s) used by Roadsport Honda.
8. SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. BY SUBMITTING AN ENTRY, YOU ALSO AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE, AND ANY TRAVEL RELATED THERETO). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.
By participating in the Contest, each entrant hereby warrants and represents that any Entry they submit does not contain any reference to 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; and 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.
Prize : Each month there will be various goods and dealer services (the “Prize”) available to be won. Prizes may differ month to month. The approximate retail value of the prize will also vary and will be disclosed when it has been confirmed at the time of the contest announcement.
The Prize will be publicly awarded at the Roadsport Honda Dealership located at 940 Ellesmere Road, Scarborough, Ontario, M1P 2W8. It is the sole and absolute responsibility of the confirmed Prize winner to arrange for their own transportation, hotel accommodations and/or flights to and from the Dealership, as applicable, and to pay for any required transportation and/or accommodations, as applicable.
IMPORTANT NOTE: THE APPROXIMATE RETAIL VALUE OF THE PRIZE WILL BE REPRESENTATIVE OF CURRENT RETAIL VALUE AT THE TIME OF THE CONTEST ANNOUNCEMENT AND PRIZE DETERMINATION. UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL RETAIL VALUE OF THE PRIZE AS AT THE TIME OF FULFILMENT AND THE APPROXIMATE RETAIL VALUE OF THE PRIZE NOTED ABOVE BE AWARDED. FOR THE AVOIDANCE OF ANY DOUBT, THE PRIZE CONSISTS OF THE SPECIFIED GOOD OR DEALER SERVICE AND NOT THE ACTUAL VALUE OF THE SPECIFIED GOOD OR DEALER SERVICE.
Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted Roadsport Honda in its sole and absolute discretion); (ii) no substitutions except at Roadsport Honda’s option; (iii) redemption of the Prize must occur within and/or on or before the date or dates specified by Roadsport Honda (otherwise the Prize may, in the sole and absolute discretion of the Roadsport Honda, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and their Guest, including, without limitation: airfare, hotel accommodations, meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed winner and their Guest to and from the Canadian airport of their residence; additional transportation; baggage and other fees; and items of a personal nature (v) if the confirmed winner and/or their Guest do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of Roadsport Honda, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vi) Roadsport Honda reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Roadsport Honda’s sole discretion, a cash award; (vii) Prize will not be released unless and until the confirmed Prize winner first shows proof (in a form acceptable to the Roadsport Honda) indicating residence in the province of Ontario and proof (in a form acceptable to Roadsport Honda) of being over the age of majority; (viii) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and (ix) in the event that an eligible Prize winner does not have valid government issued identification, the eligible Prize winner will forfeit the prize and may not be permitted to transfer the Prize to their spouse, parent, sibling, child or legal guardian.
The Released Parties are not responsible for any delay or postponement, for any reason, of any aspect of the Prize. Neither the confirmed winner nor any other person or entity will be compensated in the event of such delay or postponement.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either Roadsport Honda or any of the Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
10. ELIGIBLE WINNER SELECTION PROCESS:
One week (7 days) following the Contest Announcement date (the “Selection Date”) in the Greater Toronto Area, Ontario, at approximately 2:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules. The eligible entrant selected will be eligible to win the Prize (subject to compliance with these Rules). The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
11. ELIGIBLE WINNER NOTIFICATION PROCESS:
Roadsport Honda or its designated representative will make a minimum of three (3) attempts to contact the eligible winner, through direct message or private message on the particular social media channel which the Prize winner submitted an entry (as applicable) within two (2) business days of the Selection Date. If the eligible winner cannot be contacted within two (2) business days of the Selection Date, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of Roadsport Honda, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and Roadsport Honda reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 9 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
12. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL ROADSPORT HONDA OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS THE CONFIRMED PRIZE WINNER , the eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of Roadsport Honda, be administered online, by e-mail or other electronic means, by telephone, or in Roadsport Honda’s form of declaration and release); and (b) sign and return in electronic format within one (1) business day of notification Roadsport Honda’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with the Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of their Entry; and (v) agrees to the publication, reproduction and/or other use of their name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Roadsport Honda in any manner or medium whatsoever, including print, broadcast or the Internet. If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by Roadsport Honda in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and Roadsport Honda reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the Prize from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
13. GENERAL CONDITIONS:
The Contest is subject to all applicable federal, provincial and municipal laws. The decisions of Roadsport Honda with respect to all aspects of the Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY ROADSPORT HONDA TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF ROADSPORT HONDA AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website or any platform 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 and/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, social media or at any website, including the Contest announcement post and/or Tweet; (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; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
Roadsport Honda 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.
By entering the Contest, each entrant expressly consents to the collection, storing, use and disclosure of the personal information submitted with an Entry for the purposes indicated in Section 4 – Privacy of these Rules. Nothing in these Rules will limit any other consent(s) that an individual may provide Roadsport Honda or others in relation to the collection, storing, use and/or disclosure of their personal information.
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 the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Roadsport Honda or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.