Home Hardware

Home Hardware Christmas Gift Card Contest

Official Contest Rules

The Home Hardware Christmas Gift Card Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Instagram.  You understand that you are providing your information to the Sponsor and not to Instagram. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). By entering the Contest, you release Instagram of any and all liability arising therefrom.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram.  You may only use one (1) Instagram account (the “Account”) to participate in this Contest.

1. THE CONTEST AND ELIGIBILITY: The Contest is being conducted by Home Hardware Stores Limited (hereinafter referred to as the “Sponsor”). The Contest begins Wednesday December 12, 2018 at 9:00AM ET and closes Friday December 14, 2018 at 11:59PM ET. The Contest is open to legal residents of Canada, excluding Quebec, who are over the age of majority in their province/territory of residence at the time of entry. Employees, representatives and agents (and any such person living in the same household as such persons, whether related or not) of the Sponsor, its affiliates, subsidiaries, parent or related companies, its advertising or promotional agencies, employees (and those with whom such employees are domiciled), shareholders or agents of Sponsor, the participating stores of Home Hardware, Home Hardware Building Centre, Home Building Centre and Home Furniture (“Stores”), and their advertising and promotional agencies (collectively, the “Contest Parties”) are not eligible to participate in this Contest.

2. PRIZES: There are ten (10) prizes available to be won, consisting of a Home Hardware Gift Card  with retail value of $100.00 each (each, aPrize”).  Limit one (1) Prize per person/household.

By accepting a Prize, each declared winner  agrees to waive all recourse against the Releasees (defined below) if the Prize (or a component thereof) does not prove satisfactory, either in whole or in part. Please allow 4 to 6 weeks after being declared a winner in accordance with these Rules to receive (via courier) your Prize.  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 value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.  Unclaimed Prizes will not be awarded.

3. HOW TO ENTER: NO PURCHASE NECESSARY. To enter the Contest, visit the Sponsor’s Instagram Page located at www.instagram.com/homehardware (the “Instagram Page”), locate the Contest post (the “Post”), write an answer to the question on the topic of the Post (the “Comment”) in the space provided that complies with the Comment Requirements provided below and you will be eligible to receive one (1) entry (an “Entry”) into the Draw (defined below), subject to compliance with these Rules (as determined by the Sponsor at its sole discretion). 

Limit of one (1) Entry per individual/Account. For greater certainty, you can only use one (1) Account to enter the Contest.  If it is discovered that any person has attempted to: (i) obtain more than one (1) Entry per person/Account during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) Account to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest and all of his/her Entries are subject to disqualification by the Sponsor.  Any Entry you attempt to submit will be rejected if (in the sole and absolute discretion of the Sponsor) it is not submitted and received during the Contest Period.  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 Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). 

All Entries and entrants are subject to verification for compliance with these Rules.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest and/or compliance (in a form acceptable to the Sponsor) with these Rules.  Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.  The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s). In the event of a dispute, Entries shall be deemed to be submitted by the "Authorized Account Holder" of the Account that submitted the applicable Entry. “Authorized Account Holder” is defined as the person who is assigned to an Account by www.instagram.com.  An entrant may be required to provide proof that he/she is the Authorized Account Holder of the Account that submitted the applicable Entry. Each entrant must comply with Instagram’s Terms of Service available at www.instagram.com. 

ENTRIES WILL NOT BE JUDGED, BUT WILL BE DISQUALIFIED IF THEY DO NOT COMPLY WITH THESE RULES (AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION), INCLUDING, WITHOUT LIMITATION, THE COMMENT REQUIREMENTS PROVIDED BELOW.

BY SUBMITTING AN ENTRY, THE ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE CONTEST PARTIES WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE CONTEST PARTIES AND THE CONTEST PARTIES SHALL BE HELD HARMLESS BY THE ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

4.  COMMENT REQUIReMENTS: In order to be eligible, a Comment must never have been previously exhibited publicly outside of this Contest or selected as a winner in any other contest.  By participating in the Contest, each entrant agrees to be bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Comment:

  1. is original to him/her and that the entrant has all necessary rights in and to the Comment to enter the Contest;

 

  1. does not violate any law, statute, ordinance or regulation;

 

  1. 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;

 

  1. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and

 

  1. 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;

§   Explicit, graphic or excessive sexual activity;

§   Crude, vulgar or offensive language and/or symbols;

§   Derogatory characterizations of any ethnic, racial, sexual or religious groups;

§   Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;

§   Personal information of individuals, including without limitation, names and addresses (physical or e-mail);

§   Conduct or other activities in violation of these Rules;

§   Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;

§   Any identifiable third party products and/or trade-marks, brands or logos, unless the necessary permissions/licenses have been obtained; and

§   Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest Parties in their sole discretion.

 

By entering the Contest and submitting a Comment, each entrant: (i) grants to the Sponsor, in perpetuity, a world-wide, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Comment, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Comment in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) 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.  For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to remove any Comment from the Instagram Page if a complaint is received with respect to the Comment, or for any other reason. 

 

5. Draw:  On Monday December 17, 2018 at 10:00AM ET  (the “Draw Dates”) in St. Jacobs, Ontario one eligible entrant will be selected by random draw (the “Draw”) from among all eligible Entries submitted and received in accordance with these Rules and each selected entrant will be deemed a potential Prize winner.  The odds of winning a Prize depend on the number of eligible Entries submitted and received in accordance with these Rules.  Unselected entries will be eligible for subsequent draws. 

 

6. WINNER NOTIFICATION AND CONFIRMATION: The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each potential Prize winner using the information provided at the time of entry within seven (7) business days of the Draw Date.  Each potential Prize winner is solely responsible for monitoring his/her Account for such notification messages.  If a potential Prize winner cannot be contacted within seven (7) business days of the Draw Date, or if there is a return of any notification as undeliverable; then that potential Prize winner will be disqualified (and will forfeit the Prize) and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new potential Prize winner).

In order to be declared a confirmed Prize winner, each potential Prize winner must first: (a) correctly answer a time-limited mathematical skill-testing question without mechanical or other aid; and (b) sign  and return within seven (7) business days of notification the Sponsor’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 Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential Prize winner’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of the potential Prize winner’s name, address, voice, Comment, 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 within the specified time; and/or (c) cannot accept the Prize as awarded for any reason, then he/she will be disqualified (and will forfeit the Prize) and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new potential Prize winner).

7. GENERAL: All Entry materials become the property of the Sponsor. The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries. This Contest is subject to all applicable federal, provincial and municipal laws. By entering the Contest, each entrant  agrees to be legally bound by these Rules and by the decisions of the Sponsor with respect to all aspects of this Contest, which 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.    The Sponsor reserves the right, to withdraw, amend or suspend this Contest (or to amend these 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 Rules.  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, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these 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. The Sponsor reserves the right, in its sole and absolute discretion (subject only to the approval of the Regie, if applicable), and without prior notice, to adjust any of the dates and/or timeframes 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.  By entering this Contest, each entrant agrees to release and hold harmless the Releasees from any liability in connection with this Contest or participation in any Contest related activities or, if declared a winner, the use or misuse of a Prize. The Sponsor will not be responsible if for any reason a Prize winner is not satisfied with his/her Prize.  This Contest will be run in accordance with these Rules, subject to amendment by the Sponsor. Under no circumstances, including without limitation, negligence, shall the Releasees be liable for: any injuries, loss or damages of any kind (compensatory, direct, incidental, consequential or otherwise) with respect to, or in any way arising from, this Contest, the Prizes awarded, or participants' or any other persons' computer system(s); lost, destroyed, damaged, misdirected, illegible, incomplete or late Entries, which will be void; or incorrect or inaccurate capture of entry information, technical failure or error, seeding or printing errors, lost/delayed/garbled data, transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, the Instagram Account, servers, software, traffic congestion on the internet or any website or the Instagram platform or any other online communication problems or any combination thereof. Entry materials that have been tampered with, reproduced, falsified or altered are void. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. By completing and submitting an Entry, the applicable entrant expressly consents to the collection, use and distribution of his/her personal information by the Contest Sponsors for the purpose of (i) running the Contest; and (ii) as permitted by these Rules (for example, pursuant to these Rules, all entrants who accept a Prize consent to the use of their personal information for the purpose of notifying and confirming a potential Prize winner, if applicable); in accordance with the Sponsor’s privacy policy available at www.homehardware.ca/en/index/privacy.htm, unless the entrant otherwise agrees. The terms of this Contest, as set out in these Rules, are not subject to amendment or counter-offer, except as set out herein. 

All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited. 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, including, but not limited to: the Entry Form, Website, Application, and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.