The Mobile Shop Spring 2020 Mobilist Feedback Contest (the “Contest”)
Official Contest Rules (the “Contest Rules”)
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING RESIDENTS OF QUEBEC) AND IS GOVERNED BY CANADIAN LAW
By entering this contest, entrant accepts and agrees to be bound by these Contest Rules. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor.
1. CONTEST PERIOD:
The Contest is sponsored by Loblaw Companies Limited (the “Sponsor”, “LCL”) and administered by Chatter Research Inc. (the “Administrator”). The Contest begins at 12:00:01 AM E.T. May 1, 2020, and closes at 11:59:59 PM ET January 31, 2021 (the “Contest Period”).
Contest is open to all legal residents of Canada (excluding residents of Quebec) who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, Administrator, Loblaw Companies Limited (“LCL”) and each of their respective subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity involved in the administration or execution of the Contest (collectively, the “Contest Parties”).
The Sponsor reserves the right at any time to require proof of identity and/or eligibility to participate in the Contest and any failure to provide such proof may result in disqualification at the Sponsor’s sole discretion.
3. HOW TO ENTER:
In order to enter the Contest you must receive an invitation via SMS (text) to participate in a survey and respond via SMS to the invitation, and you must answer all questions in the survey. Upon completion of the survey, you will receive acknowledgement via SMS that you have been entered into the Contest.
All Entries become the sole property of the Sponsor and none will be returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.
By participating in this Contest, entrant represents and warrants that: (i) survey responses represent your true and honest opinion of your experience; (ii) survey responses do not contain any material that is libelous, defamatory, profane or obscene; (iii) survey responses are original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use responses as contemplated by these Contest Rules.
There is a limit of one (1) Contest Entry per person. In the case of multiple entries by one person, Sponsor reserves the right to disqualify all entries made by that person.
Time keeping for this contest shall be determined solely by the Administrator’s server clock. Any discrepancy between the time or time remaining in the Contest Period as stated on any Website or in any promotional and the actual time or time remaining as determined by the Sponsor or Administrator, the Administrator’s server clock shall prevail.
By entering the Contest via text, you agree that you are solely responsible for all data or text messaging charges that you may incur. All such charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans, participation status and details. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
Entries received shall be deemed to be submitted by the authorized account holder of the phone number associated with the entry. For the purpose of these Contest Rules, “authorized account holder” of a phone number is defined as the natural person who is assigned to a phone number by a mobile telephone provider, on-line service provider, or other organization responsible for assigning phone numbers. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the phone number associated with the winning entry.
Use (or attempted use) of multiple names, identities, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Comments (all of which are void).
4. NO PURCHASE NECESSARY. There is no purchase necessary to enter or win the Contest.
5. ODDS OF WINNING: the odds of winning depend on the number of eligible contest entries received during each calendar month of the Contest Period.
6. THE PRIZES AND APPROXIMATE RETAIL VALUES:
For each calendar month of the Contest Period there is one (1) prize (individually “Prize” and collectively “Prizes”) available to be won by the Prize winners (individually “Winner” and collectively “Winners”) each consisting of a $100 Mastercard Gift Card, which the Winner can choose to receive either as a plastic card by mail, or an e-gift card by email. Use of the Prize is subject to the terms and conditions of the gift card issuer.
Prizes will be fulfilled within ten (10) business days after each selected entrant has been contacted and declared a Winner according to these Contest Rules.
If a selected entrant fails to comply with these Contest Rules, or withdraws for any reason, he/she will be disqualified and will not be declared a Winner and will not receive a Prize, and the Sponsor reserves the right to select another or additional entrant(s), in the Sponsor’s sole discretion, until such time as another eligible entrant satisfies the terms set out herein.
7. WINNER SELECTION AND CONTACT:
For each calendar month of the Contest Period, a draw for a potential winner of a Prize shall be conducted as follows:
On or about the first business day of the calendar month (the “Draw Date”) following each month of the Contest Period, one (1) Entry from the preceding calendar month will be selected at random from among all Entries received during the applicable calendar month, at 10 Dundas Street East, 6th Floor, Toronto, Ontario, M5B 2G9.
The Sponsor or its designated representative will make a maximum of 3 attempts within 10 business days following the Draw Date to contact each potential Prize winner by SMS (text). If a potential Prize winner cannot be contacted within 3 attempts, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select at random an alternate eligible Entrant that complies with these Contest Rules (in which case the foregoing provisions of this section shall apply to such new potential winner).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential Prize winner will be required to: a) correctly answer a time-limited, mathematical skill-testing question without mechanical or other aid; and b) execute and return the Sponsor’s form of Affidavit of Eligibility, Liability Release and Publicity Release within 14 days pursuant to which he/she (among other things): (i) confirms compliance with these Contest Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Comment including, without limitation, any claim that his/her Comment infringes a proprietary interest of any third party; (iv) releases the Releasees from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (v) agrees to the publication, reproduction and/or other use of his/her 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 the Contest Parties in any manner whatsoever, including print, broadcast or the internet, worldwide in perpetuity. If a potential Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents in accordance with the Sponsor’s instructions; and/or (c) cannot accept his/her applicable Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select at random an alternate eligible Comment that complies with these Contest Rules (in which case the foregoing provisions of this section shall apply to such new potential winner).
Prize must be accepted as awarded without substitution and cannot be transferred, assigned or redeemed for cash, except at the sole discretion of the Sponsor. In the event a Prize (or any component thereof) cannot be awarded for any reason (including but not limited to force majeure or production exigencies), Sponsor reserves the right, in its sole discretion, to substitute for another prize (or any component thereof) of equal or greater value, without liability. Any unused portion of a Prize will be forfeited and shall have no cash value.
8. GENERAL CONDITIONS:
By participating in this Contest, each entrant: (i) agrees to be bound by these Contest Rules; (ii) agrees to release and hold harmless the Releasees from and 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; and (iii) releases the Releasees from any and all liability in connection with this Contest and his/her participation therein.
The Releasees will not be liable for: (i) any failure of any website or social media platform during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, social media platforms, servers, access providers, computer equipment or software; (iii) the failure of the Presentation to take place as planned for any reason or any Comment to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
Survey responses will be deemed to have been submitted by the “authorized account holder” of the Account used to submit the survey response(s) in question. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the “authorized account holder” of the Account used to submit the survey responses in question and, upon Sponsor’s request, that he/she has all necessary consents, permissions and/or licenses as required by these Contest Rules.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Contest Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by the 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 reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Contest Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason. Without limiting the generality of the forgoing, the Contest 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.
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 entrants and/or Comments.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Comment with these Contest 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 Contest Rules, or for any other reason.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All entrants attorn to the exclusive jurisdiction and venue of the Province of Ontario.
In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: website and/or point of sale, television, print or online advertising; the terms and conditions of these Contest Rules shall prevail, govern and control.
®/TM The Mobile Shop is a trademark of Loblaws Inc. Trademark used under license.