Mark's America Giveaway Sweepstakes
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED. Posting on Instagram requires a mobile device and therefore message and data rates may apply. Check with your carrier for additional information.
EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN FIVE (5) BUSINESS DAYS, AS MORE FULLY DETAILED BELOW.
BY ENTERING THE GIVEAWAY SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Mark's America Giveaway Sweepstakes (the "Giveaway") is open to legal residents of the forty-eight (48) contiguous states in the United States of America (excluding Rhode Island) and the District of Columbia and shall be construed and evaluated according to the laws of the province of Ontario and the federal laws applicable therein. Participants must age of majority in their State of residence at time of entry. Void in whole or part where prohibited by law. Entry in this Giveaway Sweepstakes constitutes acceptance of these Sweepstakes rules (the "Sweepstakes Rules").
1. SPONSOR: The Sweepstakes sponsor is Golden Viking Sports, LLC ("Mark's" or the "Sponsor") with its head office located at 14000 24th St East Suite 100, Sumner, WA 98390. This Sweepstakes is also administered by the Sponsor. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. Any questions, comments or complaints must be directed to the Sponsor, and not to Instagram, Inc.
2. ELIGIBILITY: To be eligible for this Sweepstakes, an individual must:
a. be a legal resident in one (1) of the forty-eight (48) contiguous United States of America (excluding Rhode Island) or the District of Columbia;
b. be age of majority in their State of residence at time of entry; and
c. have a valid Instagram account (as outlined in Section 4(c)).
Employees of the Sponsor, its affiliates, subsidiaries, related companies, advertising and promotional agencies, and the immediate family members (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of any of the above, are not eligible to participate in the Sweepstakes.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Sweepstakes. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Sweepstakes must be truthful, complete, accurate and in no way misleading. The 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. GIVEAWAY PERIOD: The Giveaway begins at 12:00 p.m. Eastern Standard Time ("EST") on Monday October 26, 2020 and ends at 12:00 p.m. EST on Friday October 30, 2020 (the "Giveaway Period") after which time the Giveaway will be closed and no further entries shall be accepted.
4. HOW TO ENTER
a. There is no purchase necessary to enter the Giveaway. Enter using the method of entry outlined below. No entries will be accepted by any other means.
i. To enter, entrants must visit the @MarksAmerica Instagram page, navigate to the Mark's Instagram Giveaway Sweepstakes post ("Giveaway Post") with the caption that reads, "Giveaway Alert!".
ii. In order to obtain an entry, entrants need to do the following: (1) 'Repost' the Giveaway Post on your personal Instagram page (not Instagram story); (2) in the photo caption, use the hashtag #MarksGiveaway; (3) 'Tag' @MarksAmerica. Please don't inaccurately tag any other person; (4) 'Follow' @MarksAmerica; and (5) Agree to the Sweepstakes Rules by including the hashtags "#Giveaway #IAgree" in your repost caption.
(each an "Entry", collectively the "Entries")
b. Limit of one (1) Entry per person from a valid Instagram account during the Giveaway Period. Only Entries who have satisfied the 'Repost', 'Tag', 'Follow' and hashtag requirements outlined above will be considered. Creation and use of multiple or alias Instagram accounts in order to exceed the limits on Entries permitted by these Sweepstakes Rules may result in the disqualification of all Entries from such accounts as well as disqualification of the entrant from the Sweepstakes.
c. In the event of a dispute regarding who submitted an Entry, the authorized subscriber of the Instagram account used to participate in the Sweepstakes at the time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an Instagram account that can be verified by the Sponsor. For further clarity, for the purpose of the Sweepstakes Rules, "authorized account subscriber" of a valid Instagram account is defined as the natural person who is assigned an Instagram account that is linked to an email address by an internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the email address. The potential winner may be required to provide the Sponsor with proof that they are the authorized account holder of the Instagram account and email address that is associated with the winning Entry. If an entrant opts to use his/her Instagram account via a wireless mobile device (which is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received. Wireless carriers' rate plans may vary, and entrants should contact their wireless carrier for more information on messaging rate plans and charges relating to participation in the Sweepstakes. Entrant also understands that mobile device service may not be available in all areas.
e. You agree that the Sponsor may, at any time, edit, modify or remove the Entry, in whole or in part, and may disqualify an entrant from the Sweepstakes if the Sponsor believes, in its sole discretion, that the entrant has breached any of the representations and warranties made above including, without limitation, on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech.
f. By submitting this Entry you, the entrant, confirm that you have obtained all required consent for use and publication of the Entry for the purpose of this Sweepstakes, from all individuals who appear in the Entry being submitted.
g. All Entries become the sole property of the Sponsor and none will be returned for any reason. By submitting the Entry, the entrant assigns to the Sponsor all of entrant's right, title and interest, including copyright, in and to the Entry, throughout the world in perpetuity. For greater certainty, the entrant acknowledges that, as a result of this assignment, the Sponsor will have the exclusive and perpetual right to exploit the Winner's name, Instagram handle, photograph or likeness, and the Entry in any media now known or later developed in whatever ways the Sponsor may determine in its sole discretion and to authorize others to do so. This includes, but is not limited to, the right to reproduce, distribute, publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, all without further obligation or compensation of any kind to the entrant. By submitting the Entry, the entrant waives all of its so-called "moral rights" that it may enjoy in any territory throughout the world in relation to the Entry. Upon request by the Sponsor, the entrant agrees that it shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as may reasonably be necessary or desirable to give effect to the assignment of the entrant's rights in the Entry.
h. Entries must be received no later than the end of the Giveaway Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be issued with entrants except with those (1) selected for a prize; or (2) that have sent questions or other communication to the Sponsor in addition to making an Entry.
a. The prizes are hereafter referred to as the "Prizes", each a "Prize". The confirmed Prize winners are hereafter referred to as the "Winners", each a "Winner".
b. There are three (3) Prizes available to be won during the Giveaway Period, each consisting of the following: One (1) pair of work boots or shoes from MarksAmerica.com.
c. Winners are not entitled to the monetary difference between the actual Prize value and stated ARV of the Prize, if any.
d. Each Prize will be distributed within fifteen (15) business days after the Winner has been successfully contacted, notified of his/her Prize and fulfilled the requirements set out herein.
e. The Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its sole discretion, to substitute a Prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.
f. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
6. WINNER SELECTION
Three (3) Winners shall be selected as follows:
a. On Friday October 30, 2020 at approximately 12:00 p.m. EST in Markham, Ontario, Canada three (3) entrants will be selected by a random electronic draw (using random.org which will generate a random number that will match up against a list of the eligible entrants) from all eligible Entries received during the Giveaway Period. The odds of being selected as a potential winner are dependent upon the number of eligible Entries received by the Sponsor. Before being declared a Winner, the selected entrant shall be required to: (i) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged email or direct message (ii) comply with the Sweepstakes Rules, and (iii) sign and return the Confirmation and Release (described below).
b. The selected entrants will be notified by direct message no later than 5:00 p.m. EST on Monday November 2, 2020. The Sponsor will make a minimum of three (3) attempts to contact the selected entrant by direct message within the Instagram app within ten (10) business days of the draw date. Upon notification, the selected entrant must provide required information in compliance with these Sweepstakes Rules to the email provided in the notification, and the selected entrant's response must be received within five (5) business days. If the selected entrant does not respond in accordance with the Sweepstakes Rules, he/she will be disqualified and will not receive the Prize and another entrant may be selected, in the Sponsor's sole discretion, until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant's response.
c. If, as a result of an error relating to the entry process, drawing or any other aspect of the Sweepstakes, there are more selected entrants than contemplated in these Sweepstakes Rules, there will be a random draw amongst all eligible Prize claimants after the Giveaway’s closing date to award the correct number of Prizes.
d. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
Each Winner will be required to execute a release and waiver ("Confirmation and Release") that confirms Winner's: (i) eligibility for the Sweepstakes and compliance with these Sweepstakes Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor, Canadian Tire Corporation, Limited, Canadian Tire Associate Dealers, and Instagram, Inc., and each of their subsidiaries, affiliates, related companies, employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the "Releasees") from and against any and all liability for any losses, harm, damages, costs or expenses arising out of or in connection with participation in the Sweepstakes, participation in any Sweepstakes-related activity or the acceptance, use, or misuse of any Prize, any breach of the Sweepstakes Rules, including but not limited to costs, injuries, accidents, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy (with the exception of any right the Winner may have under Chapter III of the EU General Data Protection Regulation 2016), defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) grant to the Sponsor the unrestricted right, in the Sponsor's individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner's name, Instagram handle, photograph or likeness, and the Entry, in any and all media now known or hereafter devised, in connection with the Sweepstakes and the promotion and exploitation thereof; (v) assignment to the Sponsor all of Winner's right, title and interest, including copyright in and to the Entry, throughout the world in perpetuity and acknowledgment that, as a result of this assignment, the Sponsor will have the exclusive and perpetual right to exploit the Entry in any media now known or later developed in whatever ways the Sponsor may determine in its sole discretion and to authorize others to do so, including without limitation, the right to reproduce, distribute, publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Entry, in whole or in part and to edit, add to, or modify the Entry in any way, all without further obligation or compensation of any kind to the Winner; (vi) waiver of all of Winner's so-called "moral rights" that it may enjoy now or in the future in any territory throughout the world in relation to the Entry, to the maximum extent permitted by law; and (vii) acknowledgement that, upon request by the Sponsor, Winner shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as may reasonably be necessary or desirable to give effect to the assignment of Winner's rights in the Entry. The executed Confirmation and Release must be returned within five (5) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
8. INDEMNIFICATION BY ENTRANT
By entering the Giveaway Sweepstakes, entrant releases and holds Releasees harmless from any and all liability for any losses, harm, damages, costs or expenses of any kind to the entrant or any other person, including but not limited to personal injury, death, damage to, loss or destruction of property, damage, rights of publicity or privacy, defamation, portrayal in a false light and third party claims resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes, participation in any Sweepstakes related activity or the acceptance, possession, use or misuse of any Prize or any breach of the Sweepstakes Rules.
9. LIMITATION OF LIABILITY
The Sponsor assumes no responsibility or liability for: (a) lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Confirmation and Release; (b) any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an Entry; (c) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the administration of the Sweepstakes; (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries; (e) any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing; (f) any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Sweepstakes or by the acceptance, possession, use, misuse, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Sweepstakes cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Sweepstakes or the Sweepstakes Website.
By participating in the Sweepstakes, each entrant agrees to be bound by the Sweepstakes Rules, which will be made available online. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Sweepstakes Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Sponsor or Canadian Tire Corporation, Limited property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: Any attempt to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.
11. PRIVACY / USE OF PERSONAL INFORMATION
a. By participating in the Sweepstakes, entrant:
i. grants to the Sponsor the right to use his/her name, Instagram handle, photograph or likeness, email address, and the Entry for the purpose of administering the Sweepstakes, including but not limited to contacting and announcing the Winner;
ii. grants to the Sponsor the right to use his/her name, Instagram handle, photograph or likeness, and the Entry for Sweepstakes administration, publicity, and promotional purposes relating to the Sweepstakes, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and
iii. acknowledges that the Sponsor may disclose his/her name, Instagram handle, photograph or likeness, and the Entry to third-party agents and service providers acting on behalf of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
12. INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, copyrights and any other intellectual property and trade secrets contained in any materials including without limitation print, digital and any other media is owned by the Sponsor and/or their affiliates, unless otherwise stated. All rights are reserved. Unauthorized copying or other use of such material without the express written consent of its owner is strictly prohibited.
The Sponsor reserves the right, in its sole discretion, to terminate the Sweepstakes, in whole or in part, and/or to modify, amend or suspend the Sweepstakes, and/or the Sweepstakes Rules in any way, at any time, for any reason without prior notice.
These are the official Sweepstakes Rules. The Sweepstakes is subject to applicable federal, state and municipal laws and regulations. The Sweepstakes Rules are subject to change without notice in order to comply with any applicable federal, state and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the state of Delaware including procedural provisions 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. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED OR ENTITLED TO OBTAIN (AND HEREBY WAIVES ALL RIGHTS TO SEEK OR CLAIM) INJUNCTIVE, EQUITABLE, OR OTHER NON-MONETARY RELIEF OR AWARDS FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING LAWYERS' FEES, OTHER THAN ENTRANT'S ACTUAL OUT-OF-POCKET EXPENSES (IF ANY), NOT TO EXCEED TEN DOLLARS ($10), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
15. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of the Sweepstakes Rules and disclosures or other statements contained in any Sweepstakes related materials, including but not limited to the Sweepstakes entry form, or point of sale, television, print or online advertising, the terms and conditions of the Sweepstakes Rules shall prevail.
If any term or condition of the Sweepstakes Rules is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Sweepstakes Rules.
17. OFFICIAL RULES
These Official Rules are available on this page or by sending a self-addressed, stamped envelope to "Mark's America Instagram Giveaway Sweepstakes – Rules Request," 145 Renfrew Drive, Markham, ON, L3R 9R6. Limit one (1) request per outer envelope. Rules requests must be received during the Entry Period.
18. WINNERS LIST
To request a copy of the Giveaway Sweepstakes winners list, send a self-addressed, stamped envelope to Mark's America Instagram Giveaway Sweepstakes – Rules Request," c/o GVS America, 145 Renfrew Drive, Markham, ON, L3R 9R6. Limit one (1) request per outer envelope. Requests for a copy of the winners list must be received by November 6, 2020.
The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is Golden Viking Sports, 14000 24th St East Suite 100, Sumner, WA 98390. Reference to third parties in connection with the prize is for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.