Mother's Day Contest Terms | Peoples Jewellers


THE For all she’s done for you Mother’s Day CONTEST

OFFICIAL RULES AND REGULATIONS
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS (excluding quebec) ONLY
AND IS GOVERNED BY CANADIAN LAW

NO PURCHASE NECESSARY TO ENTER

The For All She’s Done For You Mother’s Day Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram®. Zale Canada Co. located at 375 Ghent Rd., Akron, Ohio 44333 is the sponsor of this Contest (“Sponsor”). Any personal information you provide will be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Instagram is hereby completely released from all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram. You may only use your one (1) personal Instagram account (your “Instagram Account”) to participate in this Contest. Instagram Accounts will be referred to as an “Account” or collectively as “Accounts”. IMPORTANT NOTE: Your Account must be set to public and not private (as more fully detailed below).

1.CONTEST PERIOD:

The Contest begins on April 25, 2019 at 12:00:01 a.m. Eastern Time (“ET”) and ends on May 8, 2019 at 11:59:59 p.m. ET (the “Contest Period”). The Contest Period consists of the following seven (7) separate entry periods (each, an “Entry Period”), as follows:

Entry Period Entries Received From (ET) Entries Received Until (ET) Winner Selection Dates
Thursday April 25, 2019 at 12:00:01 AM  Thursday April 25, 2019  at 11:59:59 PM  Friday April 26, 2019 at 10:00 AM 
Thursday April 25, 2019 at 12:00:01 AM  Sunday April 28, 2019  at 11:59:59 PM  Monday April 29, 2019 at 10:00 AM 
Thursday April 25, 2019 at 12:00:01 AM  Tuesday April 30, 2019  at 11:59:59 PM  Wednesday May 1, 2019  at 10:00 AM 
Thursday April 25, 2019 at 12:00:01 AM  Thursday May 2, 2019 at 11:59:59 PM  Friday May 3, 2019  at 10:00 AM 
Thursday April 25, 2019 at 12:00:01 AM  Saturday May 4, 2019 at 11:59:59 PM  Monday May 6, 2019  at 10:00 AM 
Thursday April 25, 2019 at 12:00:01 AM  Monday May 6, 2019 at 11:59:59 PM  Tuesday May 7, 2019  at 10:00 AM 
Thursday April 25, 2019 at 12:00:01 AM  Wednesday May 8, 2019 at 11:59:59 PM  Thursday May 9, 2019  at 10:00 AM 

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The Sponsor’s computer is the official time keeping device for the Contest.

2.ELIGIBILITY:

The Contest is only open to residents of Canada, excluding Quebec, who have reached the legal age of majority in their province or territory of residence at the time of entry. Despite the foregoing, employees, representatives and agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, The Marco Corporation (the “Administrator”), or any of their respective parent companies, subsidiaries, members, shareholders, directors, officers, affiliates, prize suppliers, advertising/promotion agencies, or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor and the Administrator, the “Contest Parties”) are not eligible to enter the Contest.

3.HOW TO ENTER:

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.

Instagram Entry

As a pre-condition to enter the Contest, eligible entrants must have a valid Instagram Account. If an eligible entrant does not have a valid Instagram Account, they must visit www.instagram.com, download the Instagram app appropriate for their device and register in accordance with the enrolment instructions for a free Instagram Account.

To enter the Contest, an eligible entrant must login into to his/her Instagram Account and (i) post a humorous or awkward photograph from their past that depicts a phase or situation they put their mother or maternal figure in their life through (the “Image”); and (ii) include the hashtags #ForAllShesDone and #Contest (each a “Hashtag,” collectively “Hashtags”) in the Image caption (collectively, an “Instagram Post”). When all required steps of the Instagram Post process are complete, an entrant will automatically be eligible to earn one (1) entry (each, an “Entry” and collectively, “Entries”) in the Contest. In order to be eligible, all content and materials associated with an Entry must: (a) be submitted and received in accordance with these Rules during the Contest Period; (b) include all required components and materials noted above; and (c) comply with all applicable Instagram terms and policies available at www.instagram.com (and each eligible entrant is solely responsible for ensuring this is the case) (all as determined by the Sponsor in its sole and absolute discretion).

IMPORTANT NOTE: Standard data rates apply to participants who participate in the Contest via a wireless mobile device (including, without limitation, eligible entrants who submit an Entry via a wireless mobile device). Please call your service provider for pricing and service plan information and rates before mobile device participation.

Limits of Entry

There is a limit of one (1) Entry per person/Account per Day (for the purposes of this Contest, a “Day” is defined as a twenty-four (24) hour period during the Contest Period that begins at 12:00:01 AM ET and ends at 11:59:59 PM ET). Each Entry must contain a unique Image (i.e. different from any previous Entry Image). In order to be eligible, each Image must comply with the Image Requirements listed below in Rule 4. Once an eligible entrant has submitted an Entry, the Image associated therewith may be reviewed for compliance with these Rules (as determined by the Sponsor in its sole and absolute discretion) and any Image that is deemed to contravene these Rules (as determined by the Sponsor in its sole and absolute discretion) will be disqualified (along with the Entry associated therewith).

For the avoidance of doubt, the maximum number of Entries that an eligible entrant can earn during the Contest Period is fourteen (14), which is only possible if the eligible entrant submits the maximum allowable number of one (1) Entry per Day during the Contest Period. Under no circumstances will an eligible entrant be permitted to submit more than the maximum allowable number of Entries during the Contest Period. Non-winning Entries from each Entry Period will carry over to subsequent Entry Periods. For greater certainty and the avoidance of any doubt, eligible entrants can only use one (1) Instagram Account to participate in the Contest. If it is discovered by the Sponsor or Administrator (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, Instagram Accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules 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. The Contest Parties, Instagram, Inc., and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Any Entry that does not follow the above format and requirements as provided in these Rules (as determined by Sponsor in its sole and absolute discretion) will not be eligible for entry in this Contest. For any Entry to be valid, Account settings must not be protected/private such that the Sponsor is unable to detect that Entry. Instagram Account privacy settings may be adjusted by selecting the Settings menu for the applicable Account(s). By entering the Contest, each eligible entrant agrees to be legally bound by the terms and conditions of these Rules.

All Entries 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, eligibility or compliance with these Rules (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (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 and/or other information entered (or purportedly entered) 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 by itself or through the Administrator, this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of 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.

4.IMAGE REQUIREMENTS:

BY SUBMITTING AN Entry, each entrant AGREEs THAT SUCH Entry COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THESE RULES AND ALL APPLICABLE Instagram TERMS OF SERVICE AND RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY ENTRY (OR ANY COMPONENT); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, ANY PRIZES (INCLUDING ANY USE OR MISUSE OF ANY PRIZES). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH ENTRANT IN THE EVENT IT IS DISCOVERED THAT ANY ENTRANT HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE APPLICABLE INSTAGRAM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES.

Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, each Entry must be unique and original (i.e. an entrant cannot copy someone else’s Entry in whole or in part, re-post someone else’s Entry; or submit the same Entry Image more than once). By participating in the Contest, each eligible entrant hereby warrants and represents that any Entry he/she submits:

  1. is original to him/her and that the entrant has obtained all necessary rights for the purposes: (a) of submitting his/her Entry for the purposes of this Contest; and (b) granting the license described in Rule 5;
  2. does not violate any law, statute, ordinance or regulation;
  3. does 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;
  4. 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
  5. is 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); content 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; 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.

5.LICENSE:

By entering the Contest and submitting an Entry, each eligible entrant: (i) without limiting the Instagram Terms of Service (as applicable), grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit, adapt, make available, combine with other visual elements and otherwise use his/her Entry (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason (including, but not limited to, creating a collage that includes multiple Images that may be posted on Instagram); (ii) waives all moral rights in and to his/her Entry (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (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. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to disqualify any Entry and/or the associated entrant if a complaint is received with respect to the Entry (or the Image associated therewith), if the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Rules, or for any other reason.

6.THE PRIZES:

There are seven (7) prizes (the “Prizes”) available to be won at the beginning of the Contest Period. One (1) Prize will be allocated to each Entry Period. The number of Prizes available to be won will decrease throughout the Contest as they are claimed in accordance with these Rules. Each Prize consists of one (1) one hundred fifty dollar ($150 CDN) Peoples Jewellers digital gift card. Each Prize 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 a Prize 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. All gift cards are subject to the terms and conditions of the issuer.

None of the Released Parties make any representation or offer any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should his/her 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 a Prize, each confirmed winner agrees to waive all recourse against the Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part. There is a limit of one (1) Prize per person.

7. WINNER SELECTION PROCESS (JUDGING):

After the end of each Entry Period, a panel of judges (the “Contest Judges”) appointed by the Sponsor, at its sole and absolute discretion, will judge each eligible Entry on the basis of the following criteria:

     
CriteriaScoring
1. Originality  50% 
2. Creativity 30%
3. Humour 20% 

Each Entry will be given a score (the “Score”) by the Contest Judges. Odds of being selected as the potential winner of a Prize depend on the number and calibre of eligible Entries submitted and received in accordance with these Rules during the applicable Entry Period. There will be seven (7) eligible selected entrants, one (1) for each Entry Period/Winner Selection Date, based on Score (as determined by the Contest Judges, in their sole and absolute discretion). The eligible entrant who submits the highest scoring Entry for an Entry Period will be selected as the potential winner of a Prize, subject to compliance with these Rules. In the event of a tie between two or more eligible Entries based on Score, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3) will be selected as the potential winner of a Prize. In the event of an exact tie based on Criteria 1, 2 and 3, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure.

8. SELECTED WINNER NOTIFICATION AND CONFIRMATION:

The Sponsor or its designated representative, through its official Peoples Jewellers Instagram account, will make a minimum of two (2) attempts to notify each potential Prize winner by commenting on the selected entrant’s corresponding Instagram Post (requesting that he/she send the Sponsor an Instagram direct message to confirm receipt of such notification) within approximately two (2) business days of the applicable Winner Selection Date. Each entrant is solely responsible for ensuring his/her Account settings are set to receive any such notification message. If a potential Prize winner cannot be contacted within two (2) business days of the applicable Winner Selection Date, the potential Prize winner fails to send the Sponsor an Instagram direct message in response to the notification, 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 applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the eligible entrant with the next highest Score from among the remaining eligible Entries submitted and received during the applicable Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible entrant).

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED a CONFIRMED PRIZE WINNER, each potential Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within three (3) business days of notification the declaration and release form provided by the Administrator (the “Declaration and Release Form”), which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases 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 applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city and province of residence, 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 Sponsor in any manner whatsoever, including print, broadcast or the internet. If a potential Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents, including for greater clarity, the Declaration and Release Form, within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); 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 and time permitting, to select the eligible entrant with the next highest Score from among the remaining eligible Entries submitted and received during the applicable Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible entrant).

9.GENERAL CONDITIONS:

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. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT 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 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 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; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Account used to submit the Entry in question. “Authorized Account Holder” is defined as the person who is assigned to an Account by Instagram. An entrant may be required to provide proof (in a form acceptable to the Sponsor) that he/she is the Authorized Account Holder of the Account associated with the Entry in question.

The Sponsor reserves the right, in its sole and absolute discretion, 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, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be 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 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.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives (including without limitation the Administrator), storing, sharing and using the personal information associated with his/her Entry for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://www.peoplesjewellers.com/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 to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry, Request and/or other information 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 Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

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, Sponsor 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 the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

Instagram is a registered trade-mark of Instagram, Inc.

10.NAMES OF WINNERS:

For the names of the winners, send a self-addressed, stamped envelope, by June 7, 2019, to: Peoples Jewellers For All She’s Done For You Mother’s Day Contest, The Marco Corporation, 470 Hardy Road, Brantford, ON N3V6T1.

11.SPONSOR: Zale Canada Co., 375 Ghent Road, Akron, OH 44333 USA.

12.ADMINISTRATOR: The Marco Corporation, 470 Hardy Road, Brantford, ON N3V6T1.

Mini Rules: