Clearly On Tour Contest
OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The following promotion is intended for play in Canada and will be construed and evaluated according to the law as indicated below. Please do not enter if you are not a resident of Canada.
IMPORTANT: PLEASE READ THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES”) BEFORE ENTERING THE ‘CLEARLY ON TOUR CONTEST’ (THE “CONTEST”), ORGANIZED BY CLEARLY, A DIVISION OF ESSILOR GROUP CANADA, INC. (“SPONSOR”). BY ENTERING THIS CONTEST, YOU REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS IN RULES 1 AND 2 BELOW AND YOU ARE DEEMED TO HAVE READ AND TO AGREE TO BE BOUND UNCONDITIONALLY BY THESE OFFICIAL RULES.
Void where prohibited by law.
1. HOW TO ENTER
Sweepstakes begins at 07:00:01 a.m. Eastern Time (“ET”) on June 23, 2018 and ends at 13:00:00 p.m. PT on June 23, 2018 (the "Contest Period"). To participate in the contest, visit the Clearly team, who will be located at the Rideau Centre at 50 Rideau Street, Ottawa, CA, K1N 9J7 and complete and submit an online entry form (each an “Entry”) prior to 13:00:00 p.m. PT on June 23, 2018. Limit one (1) Entry per person and per email address. All Entries must be manual. Automated Entries are prohibited, and any use of automated devices will result in disqualification. At the moment of submitting your entry, you are providing your email address to receive promotional emails from the Sponsor. Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Contest.
To be eligible to participate in the contest by submitting an Entry, you must be a legal resident of Canada and have reached the age of majority (18 years old) in Canada as of June 22, 2018.
You are not eligible to participate in the contest by submitting an Entry if you are: (a) an employee of Sponsor (an “Employee”); (b) an immediate family member (defined as mother, father, brother, sister, son, daughter, or spouse, regardless of where you reside) of an Employee (a “Family Member”); or (c) a person residing in the same household as an Employee or a Family Member.
At any time, Sponsor will have the right to request from any individual who has participated in these Contests by submitting an Entry (each an “Entrant”), proof of identity and/or eligibility to participate. Failure to provide proof within a reasonable time could result in the Entrant’s disqualification. Contest is subject to all federal, provincial, and local laws and regulations. Sponsor reserves the right to disqualify any Entrants who, in Sponsor’s sole discretion, do not comply with these Official Rules or who otherwise tamper with the entry process. Void outside of Canada and where prohibited by law.
There is one (1) grand prize available to be won. One (1) winner will be drawn randomly from the contest entries. The prize consists of one (1) $300 CDN coupon gift card from Clearly to be used on Clearly.ca.
The actual retail value of the Grand Prize will not exceed $300 CDN.
The chance of winning depends on the number of eligible entries received during the Contest Period.
The prize is not transferable and must be accepted as awarded. The prize cannot be substituted or redeemed for cash or otherwise, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or a prize component, of equivalent or greater value if the prize or any prize component cannot be awarded as described for any reason. Sponsor will not be responsible if factors beyond Sponsor’s reasonable control prevent the prize or any components of the prize from being fulfilled. In any such event, no substitute prizes or cash equivalents will be provided.
4. SELECTION OF WINNER
On or around June 29th, 2018, a random drawing will be conducted by the judges of the Contest in Vancouver, British Columbia to select one (1) winning Entry from all eligible Entries received during the Contest Period. Odds of winning are dependent upon the total number of eligible Entries received during the Contest Period. Sponsor or its representative will attempt to contact the selected Entrant by email once per day for five (5) business days. If the selected Entrant does not respond via email or phone (1-866-414-2326) within five (5) business days, or is contacted but is deemed to be ineligible in Sponsor’s sole discretion, or unable or unwilling to comply with these Official Rules, that selected Entrant will be disqualified and another Entrant will be randomly selected from the remaining eligible Entries and contacted in accordance with this Rule 4. Sponsor is not responsible for any change in an Entrant's email address.
Before being declared winner, a selected Entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill testing question on the Release form referred to in Rule 5 below.
Before being declared the Contest winner, the selected Entrant will be required to sign a declaration of eligibility and release form (the “Release”) indicating that the selected Entrant: (a) has complied and agrees to comply with these Official Rules; (b) accepts the prize as offered; (c) will keep his/her winning notification confidential until notified by Sponsor; (d) releases Sponsor, its agents, employees, contractors and any other parties to be added to the Release in Sponsor’s sole discretion (the “Released Parties”) from any and all liability arising from his/her participation in the Contest or his/her acceptance, use, misuse or awarding of the prize; (e) indemnifies the Released Parties from any and all losses that Sponsor may incur arising out of any act or omission by him/her in connection with the contest or the prize; and (f) except where prohibited, acknowledges Sponsor’s and its authorized representatives’ right to publish and/or broadcast the Contest winner's picture, name, address, voice, likeness and/or statements without further compensation other than the prize offered. The wording of the Release will be determined by Sponsor, in its sole discretion. Sponsor may also add such other terms and conditions to the Release as Sponsor, in its sole discretion, may deem necessary.
The selected Entrant must return the Release by the date indicated on the document. If the Release is not returned on time or is returned as non-deliverable, or if the selected Entrant answers the skill-testing question incorrectly or is disqualified for any other reason, the prize will be forfeited and another Entrant will be randomly selected from the remaining eligible Entries.
By participating in the Contest by submitting an Entry, you: (a) acknowledge that you understand that your personal information (including name, email address and, in the event that you are selected as the Contest winner, your mailing address, photograph, voice, likeness and/or statements) is being collected by Sponsor for the purposes of operating, administering and promoting the Contest; and (b) consent to the disclosure of and access to your personal information, inside or outside of Canada, for any and all purposes in connection with your participation in, and the operation, administration and promotion of, the Contest.
For greater certainty, you acknowledge that you understand and agree that: (a) your personal information may be disclosed to the Sponsor’s authorized representatives (including independent contractors and service providers) for the purposes set out in this Rule 6; and (b) if you are declared the Contest winner, your personal information may be disclosed publicly, including, without limitation, on the Website and through other media accessible to the general public.
Your personal information is collected pursuant to s. 26 (c) of the Freedom of Information and Protection of Privacy Act (BC) for the purposes set out in this Rule 6. All questions regarding the collection, use and disclosure of your personal information may be directed to: Data Protection Officer, Sunny Dhillon, Clearly, Suite 400, 2955 Virtual Way, Vancouver, British Columbia, V5M 4X6, tel: 604-699-1555 (SUBJECT: Clearly On Tour Contest Inquiries). Your personal information will not be provided to any third parties, other than as provided in these Official Rules.
7. LIMITATION OF LIABILITY
Sponsor assumes no responsibility for and under no circumstances will Sponsor, its agents, employees, contractors and assigns be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any Entrant’s participation in the Contest, including for: (i) Entries which are incomplete, unintelligible, lost, late or misdirected; (ii) technical failures of any kind, including but not limited to failure of the Internet or the Website during the Sweepstakes Period, any problems, failure or technical malfunction of any telephone network or lines, online or electronic systems, servers, access providers, computer hardware or software, incomplete, garbled or delayed Internet/e-mail computer transmissions on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof or other failures related to hardware, software or virus; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) technical or human error related to the administration of the Contest or the processing of Entries; (v) any injury, loss or damage of any kind which may be caused, directly or indirectly, in whole or in part, from any Entrant’s or winner’s participation in the Contest or the receipt of any prize; (vi) any use of the Website or any other website to which the Website is linked (including without limitation any injury or damage to an Entrant’s or any other person's computer relating to or resulting from participation or downloading any materials in this Contest); or (vii) any Entrant’s failure to abide by the Official Rules. The limitations of liability set out in this Rule 7 apply, without limitation, to any lost profits, business interruption or loss of programs or information and will apply even if Sponsor has been specifically advised of the possibility of such damages.
8. WARRANTY DISCLAIMER
The Website and all of the information it contains are provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. All prizes are awarded “as is” and without warranty of any kind, express or implied.
All decisions of Sponsor or its authorized representatives will be final and binding in all matters relating to this Contest. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF BRITISH COLUMBIA, CANADA, WITHOUT RESPECT TO CONFLICT
OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually,
without resort to any form of class action, exclusively before a court located in BC having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim
punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages
multiplied or increased.
11. WINNERS LIST
For a copy of these Official Rules or for the name of the declared Contest winner, send a request along with a self-addressed stamped envelope to: Chief Business Officer, Clearly, Suite 400, 2955 Virtual Way, Vancouver, British Columbia, V5M 4X6. Envelopes must be received by August 23, 2018.
Clearly, a division of Essilor Group Canada, Inc.
2955 Virtual Way
Vancouver, British Columbia
Canada V5M 4X6
© 2018 Clearly
All rights reserved