YUMALITE FEBRUARY TWITTER CONTEST: OFFICIAL RULES
THIS CONTEST IS OPEN TO CANADIAN AND UNITED STATES RESIDENTS ONLY (EXCLUDING QUEBEC) AND IS GOVERNED BY CANADIAN LAW AND UNITED STATES LAW
By participating in this Contest you agree to be legally bound by the terms and conditions of these official rules and Regulations (the “Rules”).
1. CONTEST PERIOD:
The YumaLite Twitter Contest (the “Contest”) starts on Thursday February 6, 2013 at 12:30:00 p.m. Eastern Time (“ET”) and ends on Thursday February 28 at 11:59:59 p.m. ET (the “Contest Period”).
YumaLite Inc. (“YumaLite” or “Sponsor”).
Contest is open to all legal residents of Canada (excluding residents of Quebec) and of the 50 United States and the District of Columbia who have reached the age of majority in their province/territory/state of residence at the time of entry. Employees or representatives of the Sponsor, or, subsidiaries, affiliates, prize suppliers and advertising/promotion agencies (collectively, the “Contest Parties”) as well as anyone with whom such persons are domiciled (whether related or not) are not eligible. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter.
4. HOW TO ENTER:
No purchase necessary. During the Contest Period, you can enter the Contest by retweeting a YumaLite’s contest tweet “Follow and Retweet Beat the Winter Blues with @YumaLite to be eligible to win a #lighttherapy visor. Ends Feb 28th” (the “Tweet”) using your Twitter account. To be eligible, any Tweet you submit must: a) reply to @yumalite, b) include the contest Tweet; c) comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com; and d) conform to Twitter’s (140) character limitation, including the Hashtag. Note that the Hashtag is not case sensitive.
For your Tweet to be valid, your Tweet must not be protected at the time you send it. Tweet privacy settings may be adjusted by selecting the Settings menu in your Twitter account. Any Tweet that does not follow the requirements set out in these Rules (as determined by Sponsor or its designated representative in its sole and absolute discretion) will not be eligible for entry in this Contest. Your use of the Hashtag to make a qualifying Tweet during the Contest Period constitutes your consent to participate in this Contest. If you tweet in the manner described above during the Contest Period and do not wish to be entered into the Contest, please advise the Contest Administrator, by contacting [email protected] and you will not receive an entry.
To participate in this Contest, you must have a valid Twitter account. If you do not have a Twitter account, visit www.twitter.com and register in accordance with the enrolment instructions for a free Twitter account. Entries by phone, fax, courier, mail or email will not be accepted.
There is a limit of one entry per person per day during the Contest Period, and you may only use one Twitter account to participate. Anyone found using multiple Twitter Accounts and/or attempting to use multiple identities to participate in the Contest and/or attempting to enter more than once per day may be disqualified. The Releasees (defined below) take no responsibility for any lost, stolen, delayed, illegible, damaged, ineligible, incomplete, misdirected, deleted, unsearchable, late or destroyed Tweets.
In the event of a dispute regarding who submitted a Tweet, Tweets will be deemed to have been submitted by the authorized account holder of the Twitter account submitted at the time of entry (as determined in accordance with the official records of Twitter). All entries are subject to verification at any time. 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. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.
The Releasees (defined below) will bear no legal liability regarding the use of any Tweet you submit and shall be held harmless by you in the event that you do not comply with this Rules. By participating in the Contest and submitting a Tweet, each entrant agrees to be legally bound by these Rules, and warrants and represents that any Tweet he/she submits: a) does not violate any law; b) will not give rise to any claims of invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and c) is not defamatory, libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); conduct or other activities in violation of these 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.
5. THE PRIZE:
There is one (1) prize available to be won, which consists of one YumaLite (the “Prize) valued at $99.96 CDN.
The Prize must be accepted as awarded, without substitutions.
The Releasees (defined below) are not responsible for (and accept no liability in relation to) any aspect of the Prize.
6. RANDOM PRIZE DRAW AND WINNER SELECTION PROCESS:
On March 1, 2013 (the “Draw Date”), an eligible entrant will be selected by random draw from among all eligible entries received in accordance with these Rules. The odds of winning depend on the number of eligible entries received in accordance with these Rules.
The selected entrant will be notified by the Sponsor or a designee via Twitter and/or direct message within three (3) days of the Draw Date and will be asked to email the Contest Administrator to provide contact information (including full name, email address, and mailing address). If a selected entrant cannot be contacted (i.e. cannot successfully be reached) within three days of the Draw Date, then he/she may be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected entrant). If the Prize has not been claimed by March 1, 2013 it will not be awarded.
BEFORE BEING DECLARED A PRIZE WINNER, the selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) within 5 business days of notification, return signed declaration and release forms provided by the Contest Administrator on the Sponsor’s behalf, which (among other things): (i) confirm compliance with these Rules; (ii) acknowledge acceptance of the Prize as awarded; (iii) release the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agree to the publication, reproduction and/or other use of either the selected entrant’s name, Tweet, Twitter handle, address, 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 whatsoever, including print, broadcast or the Internet. If the selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed documents within the specified time; (c) cannot or does not accept the Prize as awarded for any reason; and or (d) does no otherwise comply with these Rules; then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries (in which case the foregoing provisions of this section shall apply to such new selected entrant).
7. GENERAL CONDITIONS
All entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest 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 may disqualify any person who violates these Rules. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules.
By entering the Contest, each entrant acknowledges that the Releasees assume no responsibility for and will not be liable for: (i) any failure of any website during the Contest Period; (ii) any technical malfunction or other problems relating to Twitter or any telephone network or lines, computer online systems, servers, access providers, computer equipment or software; (iii) the failure of any Tweet to be completed or received for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from making, or attempting to Tweet; (v) and injury, loss, damage of any kind resulting from an entrant’s acceptance, use or misuse of any prize or otherwise from such entrant’s participation in the Contest; and/or (iv) any combination of the above.
The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, without prior notice or obligation, for any reason, including 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) may be 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’s failure to enforce any term of these Rules shall not constitute a waiver of that term of the Rules. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, for any reason, including in the event of any accident, printing, administrative, or other error of any kind.
By entering this Contest, each entrant consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry for the purpose of administering the Contest. If you contact the Contest Administrator to opt out of the Contest, your personal information will not be used in the manner(s) described above in connection with the Contest.
The Sponsor reserves the right, in its sole and absolute discretion, 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.
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 French version of these Rules, and/or any advertising; the terms and conditions of these English Rules shall prevail, govern and control.