Official Rules and Regulations (the “Official Rules”)
NO PURCHASE IS NECESSARY.
MUST BE A LEGAL RESIDENT OF CANADA (EXCLUDING THE PROVINCE OF QUÉBEC).
BY ENTERING THE CONTEST, ENTRANTS (I) ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES INCLUDING ALL ELIGIBILITY REQUIREMENTS, AND (II) AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY THE DECISIONS OF SPONSOR AND THE INDEPENDENT CONTEST ORGANIZATION, MADE IN THEIR SOLE DISCRETION, WHICH SHALL BE FINAL AND BINDING IN ALL MATTERS RELATING TO THIS CONTEST. ENTRANTS WHO HAVE NOT COMPLIED WITH THESE OFFICIAL RULES ARE SUBJECT TO DISQUALIFICATION.
BY SUBMITTING AN ENTRY, THE ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE RELEASED PARTIES AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.
1. SPONSOR & CONTEST PERIOD: The #BBProtectTheFunContest (the “Contest”) is sponsored by Edgewell Personal Care Canada, ULC (the “Sponsor”). The Contest commences at 12:00:01 a.m. Eastern Time (“ET”) on May 13, 2022, and will end at 11:59 p.m. ET on August 25, 2022 (the “Contest Period”).
2. ELIGIBILITY: To enter the Contest and be eligible to win a prize, a person must be a legal resident of Canada (excluding the Province of Québec) who at the time of entry has reached the age of majority in the province/territory in which he/she resides and must have an Instagram account (each, an “Account”) (which can be obtained for free by visiting www.instagram.com and following the on-screen instructions to register for a free Instagram Account). Employees, officers, and directors (as well as the immediate family members and members of the same household of such persons, whether related or not) of the Sponsor, its affiliates, subsidiaries, divisions, representatives, agents, advertising or promotional agencies, third party prize supplier, and the independent contest organization are not eligible to enter the Contest. For these Official Rules, “immediate family member” means mother, father, sister, brother, son, daughter and spouse, including common law spouse, regardless of where they reside.
3. HOW TO ENTER: No Purchase is Necessary. To enter the Contest, during the Contest Period on your Account:
(a) share a photo or video of yourself having fun with your family outside (the “Submission”). Your share must be as an in-feed post;
(b) include the hashtags #BBProtectTheFunContest (the “Required Hashtags”); and,
(c) follow @bananaboatca on Instagram throughout the Contest Period and until confirmed if selected as a prize winner.
The Submission, Required Hashtags and Instagram follow are collectively referred to herein as an “Entry”.
To be eligible for entry, your Entry must comply with the submission requirements set out below in these Official Rules and must also comply with Instagram’s Community Guidelines (as applicable) and must not contain obscene, offensive, or any language communicating messages inconsistent with the positive images to which Sponsor wishes to associate (all as determined by Sponsor in its sole discretion). Entries must be received on or before 11:59 p.m. ET on August 25, 2022. IF SUBMISSION IS POSTED IN ANY MANNER OTHER THAN AS SET FORTH IN THESE OFFICIAL RULES, IT WILL NOT CONSTITUTE A VALID ENTRY.
Limit of one (1) Entry per person throughout the Contest Period. Only one (1) Instagram account (an “Account”) per person may be used to enter the Contest. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) 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 email addresses, 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; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Only Accounts associated with an individual may be used for entry in this Contest; entries received from an Account associated with any organization, company, corporation, partnership or other entity will be void. Entries must be posted and received and identifiable by and viewable to Sponsor during the Contest Period and at the time of winner selection and prize award for this Contest to be eligible. Sponsor, at its sole discretion, may accept or disqualify an Entry that contains content that is: (i) superfluous and/or not truthful to the required content or (ii) otherwise violates these Official Rules. Entries that are not both actually visible and timely received by Sponsor will not be entered into the Contest. For purposes of this Contest, Entries are “received” when Instagram (as applicable) records your Submission and it is visible to Sponsor.
All Entries are subject to verification at any time and for any reason. Sponsor reserves the right, in its sole discretion, to reject any Entry that Sponsor deems to be inappropriate, not in good taste, or otherwise not in compliance with these Contest Rules.The Sponsor further 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): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Contest Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, inaccessible, garbled or incomplete Entries, which will be void. Receipt of entries may be acknowledged by Sponsor; however, such acknowledgment (or the retention of Submission entry) shall not constitute any representation by Sponsor as to eligibility for the Contest nor will it be otherwise binding upon Sponsor.
IMPORTANT: Sponsor may not be able to communicate with a participant via some of the Instagram (as applicable) features if participant is not using the latest version of the app or “follow” or otherwise connect his or her account with Sponsor’s account on Instagram (as applicable). It is each participant’s sole responsibility to take all steps required for Sponsor to be able to detect and view his or her Entry, to set his or her Account settings to accept communications by Sponsor, and to timely check his or her Account for any direct messages, direct posts, or @Replies (as applicable) from Sponsor. Sponsor is not responsible for changes to Instagram (or any website or mobile application offered as part of such platform) or its functionality that may interfere with the Contest or ability of a participant to timely enter or otherwise participate at all. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry using a search to find eligible entries.
ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PROSPECTIVE PARTICIPANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST ENTRIES AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME.
MOBILE ENTRY: Message and data rates (and perhaps other charges) may apply to use of mobile device for Contest entry. You may be charged by your wireless carrier if participating in the Contest via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating in the Contest via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
4. SUBMISSION REQUIREMENTS
A. SUBMISSION REQUIREMENTS
By participating in the Contest, each entrant agrees to be bound by these Official Rules and by the interpretation of these Official Rules by the Sponsor, and further warrants and represents that his/her Submission:
- is/are original to him/her and that the entrant has all necessary rights in and to the Submission to enter the Contest;
- does not violate any law, statute, ordinance or regulation;
- 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;
- 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;
- does not contain irrelevant material in response to the Contest;
- is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, discuss or involve, without limitation, any of the following: nudity; drug consumption or smoking; sexual activity, or sexual innuendo; crude, vulgar or offensive language or behaviour; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones, depicts and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; conduct or other activities in violation of these Official Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
B: LICENSE/USE OF ENTRIES:
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a world-wide, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry, 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 Entry in favour of the Sponsor; and (iii) agrees to release and hold harmless the Released Parties (defined below) from and 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 reserves the right, in its sole discretion, to modify, edit or remove any Entry, or to request an entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason.
There are 80 weekly prizes available to be won (the “Weekly Prizes”), as follows: there will be five Weekly Prizes available to be won in each Weekly Prize Draw as described below. Each Weekly Prize consists of one $100 Visa® gift card. The retail value of each Weekly Prize is $100 CAD. The gift cards are subject to the terms of its issuer.
There is one grand prize (the “Grand Prize”) available to be won, consisting of one or more travel voucher(s) with a total value at $10,000, to be awarded at a travel agency selected by Sponsor in its sole discretion. The Weekly Prizes and Grand Prize are collectively referred to herein as the “Prizes”.
Actual items comprising the Prizes may differ from those depicted in Contest advertising. The Prizes must be accepted as awarded without substitution, are not transferable, not for resale and have no cash surrender value (except for the cheque). The Sponsor reserves the right, in the event that a Prize or a Prize component cannot be awarded as described for any reason (as determined by Sponsor in its sole discretion), to substitute another prize or prize component of equal or greater value, without liability. Prizes will only be shipped to a street address in Canada (excluding the Province of Québec).
6. DRAW: A random draw (the “Weekly Prize Draw”) will be held on May 13, 2022, at 12:00 p.m. ET and every Friday thereafter until August 26, 2022, in Toronto, ON from all eligible Entries received during the Contest Period up to 11:59 p.m. ET on the Thursday preceding the Weekly Prize Draw to select five potential Weekly Prize winners. Provided that content of the Entry selected is in compliance with these Official Rules (including Rules 3 and 4 above), the content of the Entry will not be taken into account in the winner selection process. For greater certainty, entry into one Weekly Prize Draw will automatically result in entry into all subsequent Weekly Prize Draws (if any). The odds of winning a Weekly Prize will depend on the total number of eligible Entries received for each Weekly Prize Draw.
A random draw for the Grand Prize will be held on August 26, 2022 at 4:00 p.m. ET (the “Grand Prize Draw”), in Toronto, ON from all eligible Entries received during the Contest Period to select the potential Grand Prize winner. Provided that content of the Entry selected is in compliance with these Official Rules (including Rules 3 and 4 above), the content of the Entry will not be taken into account in the winner selection process. For greater certainty, winners of a Weekly Prize remain eligible to win subsequent Weekly Prizes as well as the Grand Prize. The odds of winning a Prize will depend on the total number of eligible Entries received during the Contest Period.
7. WINNER SELECTION & NOTIFICATION: Potential Prize winners will be notified via direct messaging through Instagram within one (1) week following the respective draw date. If the potential winner does not respond to the Sponsor as indicated within the message within five (5) days of the date of initial notification, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate potential winner selected from among the same pool of remaining eligible Entries received in accordance with these Rules.
Before being declared an official prize winner, each potential winner must correctly answer a time-limited mathematical skill-testing question without assistance or mechanical or electronic aid and will be required to sign and return the Sponsor’s form of declaration and release form within 7 business days. By accepting the Prize, the selected entrant: (i) confirms compliance with these Official Rules; (ii) acknowledges acceptance of the Prize as awarded; (3) assigns all intellectual property, including copyright, in and to his/her Entry and waives his/her moral rights therein in favour of the Sponsor; (iv) releases Sponsor, its affiliates, advertising and promotional agencies, Instagram, LLC (“Instagram”), the independent contest organization, and their respective shareholders, directors, officers, employees and agents (collectively the “Released Parties”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, Entry, city of residence, voice, 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 or medium whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to sign and return the declaration and release form within 7 business days ; (b) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate potential winner from among the same pool of remaining eligible Entries received in accordance with these Rules. If a selected entrant fails to correctly answer the skill-testing mathematical question, he/she will forfeit all rights to the prize and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate potential winner from among the same pool of remaining eligible Entries received in accordance with these Rules. (For the avoidance of doubt, such alternate potential winner must also correctly answer a skill-testing mathematical question in order to be declared the prize winner.)
8. GENERAL: The Released Parties do not assume any responsibility for (i) the incorrect or inaccurate capture of entry information and entries that fail to comply with these Official Rules; (ii) any loss, damage, or claims caused by an awarded prize or the Contest itself; or (iii) any failure of any app or website during the Contest Period, including any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail, Entry, direct message, @replies to be received on account of technical problems or traffic congestion on the Internet or at any website or filtering/operation of the functionality of Instagram, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer or mobile device related to or resulting from downloading any material connected to the Contest, all of which may affect a person’s ability to participate in the Contest. Entry material/data that has been tampered with or altered is void.
All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles. This Contest is subject to all applicable federal, provincial/territorial, and municipal laws.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest related materials, including, but not limited to point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.
The Sponsor reserves the right to withdraw or amend this Contest 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 Contest Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest 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 reserves the right to cancel or suspend this Contest in the event of any accident, printing, administrative, or other error or any kind without prior notice or obligation.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the Contest, unless the entrant otherwise agrees.