1. Sponsor: fredi Media Inc. is the sponsor of this Contest – 8555 Jane St. Suite 300, Vaughan Ontario, L4K 5N9 (“Sponsor”).
a) The Contest is open only to residents of Ontario, Canada, who are at least 18 years of age at the time of entry.
b) The following individuals and their household members (whether or not related) are not eligible to enter the Contest: the Judges (defined below) and employees, officers, directors, shareholders, agents, representatives, successors and assigns of each of (i) Sponsor, (ii) each of their respective parents, affiliated companies, and subsidiaries, and (iii) any and all other companies associated with the Contest. For all of the previously mentioned entities, their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they live) or persons living in the same households of such employees, whether or not related are not eligible.
c) Sponsor shall have the right at any time to require proof of identity and/or eligibility to enter the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
3. How to enter:
a) The Contest period (the “Contest Period”) begins at 12:00 a.m. Eastern Time (“ET”) on April 1, 2016 and ends at 11:59 p.m. EST on April 29, 2016.
b) Limit of three (3) entries per person.
c) All entries must be sent in via Website. No other methods of entry will be accepted.
i) You may enter the Contest by visiting www.fredi.ca and completing the contest submission form, which will include submitting a photo depicting Vaughan during the contest period. When filling out the submission, be sure to include your full name, city and email address.
Each entry that is fully completed, complies with the foregoing requirements and is submitted in accordance with the instructions set forth above is referred to as an “Entry”. Incomplete entries will be deemed void.
d) Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest. The photograph need not be taken with a digital camera; scans of negatives, transparencies or photographic prints are acceptable. All digital files must be 10 megabytes or smaller, must be in JPEG (.jpg), GIF (.gif) or PNG (.png) format and must be at least 400 pixels wide and at least 400 pixels tall. Portrait photos (larger height than width) are preferred. Please keep the highest resolution version of your photo on file in case you are selected as a winner and we require a larger version for print.
e) The sole determinant of the time for the purposes of this Contest will be the Sponsor’s Official Clock(s) with respect to Entries submitted online. Free access to the Internet is available at most public libraries. Entrants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Entry.
g) In the case of submissions containing one or more person(s) in the photo, the entrant emailing or posting the photo assumes all responsibility for obtaining proper consent from each person in the photo before entering the contest. The Sponsor is not responsible for obtaining any additional consent, or providing any compensation for additional people in an entrant’s photo.
4. Contest Restrictions:
By entering the Contest and submitting an Entry, each entrant represents and warrants that his/her Entry (including, without limitation, the Submission) does not include any of the following content (the “Content Restrictions”): (a) pornography, adult-oriented content or any other sexually-explicit material; (b) materials relating to lotteries or gambling; (c) explicit language or content, images of violence, or promotion of illegal activities; (d) content in violation of intellectual property rights or laws, including without limitation content displaying trademarks or logos owned or licensed by third parties (without having obtained the requisite consent); (e) libelous, defamatory, disparaging, tortious or slanderous materials; (f) content that denigrates, disparages or reflects negatively on any of the Released Parties (defined below)(g) tobacco, alcohol or drugs; (h) dangerous stunts; (i) real weapons of any kind including, but not limited to, guns, knives or projectiles; (j) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by law; (k) content showing identifiable individuals who have not consented to the use of their images in connection with the Submission (if individuals are under the legal age of majority, entrants represent that they have obtained a signed release from the parent(s) or legal guardian(s)); (l) personal information of individuals, including without limitation names and addresses, without the consent of those individuals; (m) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); (n) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any province where the Entry is created; and (o) any other content that is or could reasonably be considered to be inappropriate, unsuitable, or offensive. Any Entry that does not comply with the foregoing, as determined in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
5. Publication, Licence, Release, and Indemnification:
By entering the Contest and submitting an Entry, each entrant: (a) represents and warrants that his/her Entry is an original work of authorship and that he/she owns all right, title and interest in and to the Entry as of the date of submission or has all necessary rights, authorizations and/or assignments (including assignment of copyright, if applicable) to submit it and the express permission of all individuals and the rights necessary to use all content and materials embodied in the Entry and to submit the Entry for possible use as provided herein; (b) represents and warrants that his/her Entry does not violate the these rules or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to the Sponsor and each of its respective designees the perpetual, unlimited, and irrevocable right and licence to use, license, edit, modify, duplicate and/or create derivative works from his/her Entry throughout the world and in perpetuity, including, but not limited to, the right for Sponsor and each of its respective designees, as applicable, to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Entry via the Internet or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation or notice of any kind to the entrant or his/her heirs and successors, (i) on its own or as part of any audiovisual or other production; (ii) to advertise any products, programming or services of the Sponsor or for any other advertising, marketing, publicizing or promotional purposes and in any materials related thereto; and/or (iii) for any other purpose whatsoever; (d) releases in perpetuity the Released Parties (defined below) from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Entry, and the use thereof as permitted here-under, including, but not limited to, claims of false endorsement or infringement of intellectual property rights, rights of personality, publicity or privacy; and (e) agrees to indemnify and hold harmless each of the Released Parties (defined below) from and against any claim or action brought by a person whose consent was not obtained by the entrant or by any person claiming its intellectual property rights, including without limitation, copyright, moral rights (including rights of integrity, attribution and anonymity), trademark rights, or its personality or privacy rights, are infringed by reason of the use by Sponsor or any of its respective designees of the Entry or any part thereof as contemplated by these Official Rules. By entering the Contest, each entrant confirms that he/she waives all moral rights in respect of his/her Entry. Nothing herein will obligate Sponsor to make any use of any of the rights set forth herein.
6. Prize Description:
Prizes: There will be one (1) prize awarded at the end of the Contest Period in the form of a nonrefundable gift card in the amount of $250. The winner will also have their submitted photograph published in the Spring edition of Fredi magazine.
The total exact retail value of the prize is CDN $250.00.
7. Prize Conditions:
a) Any and all Contest prizes must be accepted as awarded and may not be transferred, assigned or redeemed for cash except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any prize (or portion thereof) with one of comparable or greater value at its sole and absolute discretion, for whatever the reason. Prizes may not be exactly as advertised, and except as expressly warranted herein, any prize is provided “as is” without further warranty of any kind.
b) The winner is fully responsible for any and all applicable federal, provincial, and municipal taxes (including income and withholding taxes).
Beginning on May 1, 2016 and for (7) days thereafter (“Judging Period“), staff members or representatives of Sponsor (collectively, the “Judges“) will judge all eligible Entries received within the Contest submission Period. Entries will be judged on the following criteria (the “Criteria“): Creativity/Originality (30 %), Quality of Submission (25 %), and Relevance to Contest theme (45 %). During the Judging Period, the most compelling Submissions from among all eligible Entries received for the applicable Contest submission Period (as determined by the Judges in their absolute discretion pursuant to the application of the Criteria) will be deemed a potential winning Submission. The eligible entrants who submitted each such potential winning Submission will be deemed the potential winners of the prizes. The decisions of the Judges shall be final and binding (and without appeal) and may not be challenged in any way. In the event of a tie for any potential winning Submission, the score for Relevance to Contest theme will be used as a tiebreaker to determine the potential winning Submission. Odds of winning depend on the number of eligible Entries received and how each Submission scores against the Criteria.
The potential winner selected in accordance with the previous section will be notified as follows:
a) The potential winner will be contacted by a representative of the Sponsor via email to determine if he/she is eligible in accordance with these Official Rules.
In the event that any potential winner does not respond to such notification within two (2) business days, or declines a prize for any reason, he/she will be disqualified, the prize will be forfeited and, at Sponsor’s discretion and time permitting, an alternate potential winner may be selected from among all remaining eligible Entries received.
10. Declaring Winners:
a) To be declared the winner and claim the prize awarded, the potential winner must (i) be eligible according to these Official Rules, (ii) sign a duly completed Waiver of Liability and, except where prohibited by law, Publicity Release form; (iii) provide or complete any other documentation as may reasonably be required by Sponsor, and (iv) return same to Sponsor by the date specified on the applicable documentation.
b) If all required documents are not properly executed and returned within the specified period of time, or a potential winner otherwise fails to comply with these Official Rules, a disqualification will result and the prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be selected from among all remaining eligible Entries. Refusal to accept such documents or return of such documents as non-deliverable or a potential winner’s noncompliance with these Official Rules will also result in disqualification and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Entries.
11. Waiver of Liability/Publicity Release:
a) By participating in the Contest and submitting an Entry, each entrant (i) agrees to be bound by these Official Rules, including all Entry requirements, (ii) agrees that the decisions of the Judges and Sponsor are final and without appeal, (iii) remises, releases and forever discharges Sponsor, each of its respective parents, affiliated companies and subsidiaries, any and all other companies associated with the Contest (including prize suppliers and suppliers of materials or services related to the Contest), and all of their respective employees, directors, officers, shareholders, agents, representatives, successors and assigns (collectively, the “Released Parties“), Twitter Inc. and Instagram Inc. from any and all actions, causes of actions, suits, debts, dues, accounts, claims, damages, liability, losses, harm, costs or expenses, including without limitation any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, arising out of, or in any way related to, directly or indirectly, the Contest, including without limitation the entrant’s participation in the Contest, any breach of these Official Rules, the awarding, receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), and any travel or activity that is related to the receipt or use of any Contest prize, and/or the violation or infringement of any intellectual property rights or of any publicity, personality or privacy rights, and agrees to fully indemnify the Released Parties, Twitter and Instagram from any and all claims by third parties relating to the foregoing.
b) By accepting a prize, each winner authorizes Sponsor, and each of its respective designees to use in any related publicity, such winner’s name, city and province for promotional purposes worldwide in perpetuity and in any form of media now or hereafter devised worldwide (including the Internet), without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law; and waives any rights that may exist in respect of materials produced pursuant to the foregoing.
12. General Contest Terms and Conditions:
a) The Released Parties are not responsible for (i) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections including those through and/or by any website; (iii) availability or accessibility or miscommunications or failed computer, satellite, telephone, cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iv) failures or malfunctions of phones, phone lines or telephone systems, (v) any error, omission, interruption, defect or delay in transmission, processing, or communication; (vi) non-delivery of any communication or Entry; (vii) misdirected, blocked, or delayed email notifications; (viii) printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; (ix) any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of any prize in any Contest-related materials, (x) any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; or (xi) any injury or damage to the computer of any entrant or other person related to or resulting from participating in this Contest or downloading materials from or use of any website.
b) Persons who tamper with or abuse any aspect of the Contest or Website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor and/or its respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in their sole discretion. The Released Parties (i) make no warranty, guaranty or representation of any kind concerning any prize, and (ii) disclaim any implied warranty. The failure of Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. All disputes will be resolved in the Province of Ontario under applicable Ontario and Federal laws.
c) Sponsor reserves the right, in its sole discretion, to cancel, suspend or otherwise modify the Contest (or any portion thereof) and/or to amend these Official Rules at any time and in any way, without prior notice, for any reason, including, but not limited to incidents where a virus, bug, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify winners and award the prizes from among all non-suspect, eligible Entries received up to the time of such cancellation.
d) CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND THE SPONSORAND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING LEGAL FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
e) All Entries must include a valid email address for the entrant. In the event of a dispute as to the identity or eligibility of any potential winner based on an Entry, the winning Entry will be declared to be the Authorized Account Holder (defined below) of the email address submitted, as applicable, at the time of entry, provided such Authorized Account Holder is eligible according to these Official Rules. A potential winner may be required to provide proof, upon request of Sponsor, that he/she is the applicable Authorized Account Holder, the sufficiency of such proof to be determined in the absolute discretion of Sponsor. The “Authorized Account Holder” is defined as the natural person (i) to whom the applicable Internet Service Provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
f) The Contest is subject to all applicable federal, provincial and municipal laws, rules and regulations.