NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Void Where Prohibited.
1. Sponsor: The Aldo Group Inc., 905, Rue Hodge, Montreal, Quebec, Canada, H4N 2B3 (“Sponsor”).
2. General Conditions: The CALL IT SPRING “Kind AF” Contest (the “Contest”) is open to participants who:
a. are at least 18 years of age (or at least the age of majority in participant’s country of residence);
b. are residents of Canada (except Quebec), USA (except the states of New York and Florida as well as Puerto Rico), Egypt, Peru, Mexico, Chile, United Arab Emirates, Israel or the Kingdom of Saudi Arabia.
c. did not purchase products distributed by Sponsor and/or Instagram for the purposes of entering or participating in this Contest (the “Participant”).
Employees of Sponsor, Instagram and any of their parent and affiliate companies, agents, advertising and promotional agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or participate in this Contest and to win a prize. The entry or participation in this Contest is subject to all applicable federal, state, provincial, territorial, municipal and local laws, directives and regulations and shall be void if prohibited in accordance to the aforementioned laws, directives and regulations.
Sponsor reserves the right to cancel, suspend and/or modify the Contest in whole or in part, in particular but not limited to any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest. Sponsor reserves the right in its sole discretion to disqualify any Participant it finds:
a. to be tampering with the Entry processes or the operation of the Contest;
b. to be acting in violation of these Official Rules or any other promotion; or
c. to be acting in an unsportsmanlike or disruptive manner.
Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Participation in this Contest constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. Timing: The Contest begins on 07.09.2020 at 00:00:01 Eastern Time (“ET”) and ends on 08.11.2020 at 23:59:59 ET (the "Contest Period").
The Contest is divided into the following individual Contests:
Contest 1: begins on 07.09.2020 at 00:00:01 Eastern Time (ET) and ends on 13.09.2020 at 23:59:59 ET (the "Contest 1")
Contest 2: begins on 14.09.2020 at 00:00:01 Eastern Time (ET) and ends on 20.09.2020 at 23:59:59 ET (the "Contest 2")
Contest 3: begins on 21.09.2020 at 00:00:01 Eastern Time (ET) and ends on 27.09.2020 at 23:59:59 ET (the "Contest 3")
Contest 4: begins on 21.09.2020 at 00:00:01 Eastern Time (ET) and ends on 27.09.2020 at 23:59:59 ET (the "Contest 4")
Contest 5: begins on 28.09.2020 at 00:00:01 Eastern Time (ET) and ends on 04.10.2020 at 23:59:59 ET (the "Contest 5”)
Contest 6: begins on 28.09.2020 at 00:00:01 Eastern Time (ET) and ends on 04.10.2020 at 23:59:59 ET (the "Contest 6")
Contest 7: begins on 12.10.2020 at 00:00:01 Eastern Time (ET) and ends on 18.10.2020 at 23:59:59 ET (the "Contest 7")
Contest 8: begins on 02.11.2020 at 00:00:01 Eastern Time (ET) and ends on 08.11.2020 at 23:59:59 ET (the "Contest 8")
Sponsor's computer is the official time-keeping device for the Contest.
4. How to Participate: Participation in the Contest includes holding an Instagram account. Registered Instagram account holders must agree to the Instagram Terms (a copy of which can be found at help.instagram.com/581066165581870) and the Instagram Data Policy (a copy of which can be found at help.instagram.com/519522125107875).
Entry: Participants must follow the instructions given of how to use the “Kind AF” Contest application on the Call It Spring Kind AF Contest page on Instagram: www.instagram.com/callitspring. Participants must in general follow @callitspring on Instagram, like the post, and comment on the post. Such comment shall be creative and imaginative (“Submission”). Participants need not to purchase or depict any Sponsor’s products or services. Submissions that depict Sponsor’s products or services will not be given any preference.
LIMIT: There is no limit per person or email address during the Contest Period. Entries generated by script, macro or other automated means are void. Participant must have permission from all individuals that appear in the Submission to use their name in the Submission and to grant the rights set forth herein. If requested, Participant must be able to provide such permission in a form acceptable to Sponsor. In the event that two or more Submissions appear to be substantially similar to one another, Sponsor will judge the Submission that was uploaded first and will not judge the later, substantially similar Submission.
In the event of a dispute as to any Entry, the authorized account holder of the email address used to register for the Instagram personal account and for the Contest will be deemed to be the Participant and must comply with these Official Rules. The authorized account holder is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Participant may be required to show proof of being an authorized account holder. In the event that two different email addresses are used for the registrations required to participate in the Contest, Sponsor reserves the right to use either email address for the determination of the identity of the Participant.
5. Guidelines for Submissions and Content Restriction: Participants must ensure that their Submission complies with the Content Guidelines as defined below (“Content Guidelines”). By uploading a Submission, Participants agree that Sponsor, at its sole discretion, may remove a Submission and disqualify a Participant from the Contest if Sponsor believes, at its sole discretion that the Submission fails to confirm to the Content Guidelines.
Submissions must comply in full with the Content Guideline in order to be deemed a Submission.
Content Guidelines: All Submissions must not:
a. contain materials that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property, or that constitutes copyright infringement;
b. disparage Sponsor or any other person or party affiliated with the Contest;
c. contain brand names or trademarks other than those owned by Sponsor, which Participant has a limited license to use to incorporate in his/her Submission in this Contest;
d. contain images, artwork or other copyrighted material not created by Participant;
e. contain material that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous (including, without limitation, depictions of nudity, sexual activity, offensive images or language, or other lewd behavior or activities);
f. contain material inappropriate for the Contest (including, without limitation, depictions of gang signs/symbols, weapons, violence, threats of violence, alcohol, drugs, or other such inappropriate behavior or activities);
g. contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race gender, religion, nationality, disability, sexual orientation or age;
h. depict the use of alcohol, whether in moderation or not;
i. show license plates, phone numbers, personal addresses (physical or e-mail) or other information that could be personally identifiable of any person (whether that person is the Participant or not); and
j. contain material that is unlawful, in violation of or contrary to the laws or regulations in any country (or subpart thereof) where the content is created.
6. Winner Determination: The respective winners of each Contest period (each a “Winner”) will be determined by the Jury within 5 working days after the end of each Contest Period. The Sponsor will select a panel of qualified judges (the identities of whom will be determined by Sponsor in its sole discretion within the Call it Spring Branding team; “Jury”) who will score Submissions based upon the following criteria (“Judging Criteria”):
THE POTENTIAL WINNER IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL HE/SHE SATISFIES ALL REQUIREMENTS AS SET FORTH IN THESE OFFICIAL RULES.
7. Winner Requirements: The potential winner will be notified by personal message, email, mail or phone within 5 working days after the winner is determined by the Jury. If the potential winner cannot be contacted, fails to execute and return needed documentation within the required time period, or does not comply with these Official Rules, then the potential winner will be disqualified and will forfeit the prize. If the potential winner is disqualified for any reason, the prize may be awarded to another winner determined by the Jury. If the alternate potential winner cannot satisfy the requirements as set forth in these Official Rules and thereby become the overall winner, then the prize will remain un-awarded. Acceptance of any portion of the prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, territory, province, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
8. Prize(s): Each Contest period, the number of Winners wins one of the outlined prizes (one (1) each; only one prize per Winner):
Contest 1: Two (2) Winners, each will win:
Call it Spring Gift Card to be redeemed in a Call it Spring store
Value: CAD 100.00
Contest 2: Six (6) Winners, each will win:
Art print by Melissa Falconer
Approximate Retail Value (“ARV”): CAD 60.00
Contest 3: Five (5) Winners, each will win:
Prepaid Master Card with added credit
Value: CAD 200.00
Contest 4: Five (5) Winners, each will win:
Online gift card for Apprenti Organik $100.00 CAD Call it Spring Footwear
Value: CAD 100.00
Contest 5: Three (3) Winners, each will win:
Online gift card for Sleepless Mindz $100.00 CAD Call it Spring Footwear
Value: CAD 100.00
Contest 6: Two (2) Winners, each will win:
Prepaid Master Card with added credit
Value: CAD 500.00
Contest 7: Three (3) Winners, each will win:
Cash Value transferred to Winner’s bank account
Value: CAD 1’000.00
Contest 8: One (1) Winner will win:
Cash Value transferred to Winner’s bank account
Value: CAD 5’000.00
Winners are responsible for all taxes and fees associated with prize receipt and/or use.
NOTE: there is no claim to cash payment unless prize is a cash payment (Contests 7 and 8).
9. Warranties and Representations: AS CONDITIONS OF PARTICIPATION IN THIS CONTEST, EACH PARTICIPANT WARRANTS AND REPRESENTS THAT THE ENTRY DOES NOT VIOLATE APPLICABLE LAWS OR REGULATIONS. Winner will indemnify Sponsor, Released Parties (as defined in Section 9. below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
10. Release: By receipt of any prize, Winner agrees to release and hold harmless the Sponsor, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, to the greatest extent permitted by applicable law. Depending upon the law of Participant’s country of residence, this release may not apply to claims against Sponsor, its representatives and its vicarious agents for damages because of personal injury or death.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Entries, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Entry. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
12. Intellectual Property Rights: WITHOUT LIMITING THE GENERALITY OF THESE OFFICIAL RULES, THE WINNER AGREES TO IRREVOCABLY GRANT, TRANSFER, CONVEY AND ASSIGN TO SPONSOR THE ENTIRETY OF THE RIGHTS IN AND TO THE SUBMISSION, ANY DERIVATIVE WORKS MADE THEREOF, AND ALL RENEWALS AND EXTENSIONS OF COPYRIGHT TO ALL SUCH WORKS (INCLUDING THE RIGHT TO SECURE COPYRIGHT REGISTRATIONS THERETO) IN PERPETUITY (OR FOR THE LONGEST PERIOD OF TIME AUTHORIZED BY LAW, BUT IN NO CASE FOR ANY PERIOD OF TIME LESS THAN TEN (10) YEARS) INCLUDING, WITHOUT LIMITATION, THE RIGHTS TO USE THE SUBMISSION FOR ANY AND ALL PURPOSES IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, ON A WORLDWIDE BASIS. UPLOADING A SUBMISSION IN THIS CONTEST ALSO CONSTITUTES PARTICIPANT’S WAIVER, TO THE EXTENT PERMITTED BY LAW, OF ALL MORAL RIGHTS CONFERRED UPON PARTICIPANT OR ARISING IN RESPECT OF PARTICIPANT’S SUBMISSION ANYWHERE IN THE WORLD. Winner further agrees to assist Sponsor with any or all filings, registrations, or other documentation as may be required to complete and perfect the assignment and transfer of rights. In the event that the Winner cannot transfer and assign the rights to the Submission as contemplated in this section, then Winner grants to Sponsor a non-exclusive, royalty-free, irrevocable, perpetual (or, if perpetual is prohibited by law, for the longest extent permitted by law but in no event less than ten (10) years), worldwide right and license to display, perform, modify, adapt, reproduce, encode, store, copy, transmit, publish, post, broadcast, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Submission, in whole or in part, and any/all works based thereon, for any purpose reasonably related to the Contest or to fulfill any promise made by Sponsor, including for promotional or marketing purposes, except where prohibited by law.
14. Disputes: To the fullest extent permitted by applicable law, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be governed exclusively by the material law applicable to the place of business of the Sponsor without references to the principles of conflicts of laws. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees.
15. Consumer Rights: Nothing in these Official Rules shall be deemed to exclude or restrict any of the Winner's or the Participant's statutory rights as a consumer.
16. Disclosure: This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
© 2020 The Aldo Group Inc. All rights reserved.