The “Qello Concerts by Stingray – Summer Encore Festival Contest
” contest (the “Contest”) is held by Stingray Group Inc. (the “Contest Organizer”) and is only accessible on the Stingray page : https://stingray.com/encore (the “Contest page”).
THE CONTEST IS INTENDED TO BE CONDUCTED ONLY IN CANADA (the province of Quebec is excluded) and the UNITED STATES (THE “PARTICIPATING COUNTRIES”). PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR STATE OF RESIDENCE AT THE TIME OF THEIR PARTICIPATION. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1.ELIGIBILITY
1.1 To be eligible for this Contest, an individual must be a legal resident in Canada (the province of Quebec is excluded) or the United States and have reached the age of majority in his/her province or territory of residence or state of residence at the time of entry.
1.2 Employees of the Contest Organizer, its affiliates, related companies, or any distributor or company involved in the supply of the prize or any phase of the Contest administration, advertising and promotional agencies, if any, and the household members of any of the above, are not eligible to participate in the Contest.
1.3 The Contest Organizer shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Contest Organizer for the purpose of the Contest must be truthful, complete, accurate and in no way misleading.
2.CONTEST PERIOD
The Contest begins on July 13, 2020 at 11:59 a.m., Eastern Time (“ET”) and ends at 11:59 p.m. ET on July 29, 2020 (the "Contest Period"), after which time the Contest will be closed and no further entries will be accepted.
3. HOW TO ENTER
NO PURCHASE NECESSARY.
3.1 There is one (1) way to enter the Contest. Contest entries submitted by any other means will be refused.
i.To enter the Contest, the participant must, at the time of his/her Contest entry, provide a valid email address and enter it on the Contest Page.
3.2 Limit of one (1) entry per participant, per household and per e-mail during the Contest Period. In the case of multiple entries, only the first eligible entry will be considered.
3.3 Entries must be received no later than by the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, or irregular. No communication or correspondence in connection with the Contest will be exchanged with participants except with the selected participant.
3.4 Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address shall mean the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The selected participant may be required to provide the Contest Organizer with proof that the potential winner is the authorized account holder of the e-mail addresses associated with the winning entry.
4.PRIZE
4.1 There is ten (10) prizes available to be won of a total approximate value of two thousand Canadian dollars (CAD $2,000). Each prize is worth approximately two-hundred Canadian dollars ($200) and consists of :
4.2 The winner acknowledges that the only warranty applicable to his/her prize is the manufacturer’s usual warranty and the one provided by the prize supplier, if any.
4.3 The Contest Organizer 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. There will be no compensation if the prize (or any portion thereof) is not used by the winner. In no event shall the Contest Organizer be required to award more prizes than the number of prizes indicated in these Contest Rules or to award prizes otherwise than in compliance with these Contest Rules.
5.SELECTION OF THE WINNER AND PRIZE CLAIM
5.1 On or about July 30, 2020 in Montreal, Canada at 12:00 p.m. ET, a random draw will be conducted among all eligible entries received during the Contest Period for the purpose of selecting the potential winner. Odds of being selected depend on the number of eligible entries received by the Contest Organizer during the Contest Period.
5.2 THE SELECTED PARTICIPANT WILL BE NOTIFIED BY THE CONTEST ORGANIZER BY EMAIL NO LATER THAN July 30, 2020 AT 05:00 PM ET AND SHALL CONTACT THE CONTEST ORGANIZER BY EMAIL WITHIN TWO (2) BUSINESS DAYS.
5.3 To be declared a winner, the selected participant shall: (i) comply with these Contest Rules; (ii) to the extent permitted by law, complete and sign the Declaration and release form (as defined in Section 6 below) that the Contest Organizer will provide him/her by e-mail, within two (2) business days from its receipt; and (iii) correctly answer the mathematical skill-test question on the Declaration and release form.
5.4 The Contest Organizer and the winners will determine the date and manner of delivery of the prize (post or hand delivery). The prize must be accepted as awarded and cannot be transferred, assigned, substituted, or redeemed for cash, except as determined by the Contest Organizer.
5.5 If the selected participant fails to comply with any of the conditions set forth in the Contest Rules, he/she will be disqualified and will not receive the prize, which may be awarded to another participant at the Contest Organizer’ sole discretion.
6.DECLARATION AND RELEASE FORM
6.1 The selected participant will be required to fill out, sign and return to the Contest Organizer a declaration and release form that confirms: (i) his/her eligibility to the Contest and compliance with these Contest Rules; (ii) his/her acceptance of his/her prize as offered; and (iii) to the extent permitted by law, that he/she releases the Contest Organizer, its affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising and promotional agencies (collectively, the “Beneficiaries”) from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity (the “Declaration and release form”).
6.2 All entry forms and Declaration and release forms become the sole property of the Contest Organiser and none will be returned to participants for any reason.
7.LIMITATION OF LIABILITY
The Beneficiaries assume no responsibility or liability (i) for lost, late, unintelligible, illegible, falsified, damaged, misdirected and/or incomplete entries, notifications and/or replies; (ii) for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions related to the use of the Contest page or that may affect the transmission or non-transmission of an entry; (iii) for any incorrect or inaccurate information, whether caused by users of the Contest page or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest; (iv) for 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; (v) in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Contest Organizer, 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 Contest and/or the Contest page; and (vi) in the event the prize is lost, stolen or delivered late. For the avoidance of doubt, this limitation of liability shall not apply to any damages caused by bodily or moral injury, or gross negligence.
8.PERSONAL INFORMATION
8.1 The Contest Organizer will collect, use and otherwise process personal information provided by the participants (including without limitation their names and e-mail addresses) for the sole purpose of administering the Contest. The Contest Organizer will process any such personal data in accordance with any applicable personal data protection rules and laws.
8.2 At any time, upon submitting a written request to the Contest Organizer at privacy@stingray.com, the participants may have the right to access the personal data relating to them, and, where appropriate and free of charge, to demand correction of any erroneous data, or to oppose any use of these data for direct marketing purposes or for serious and legitimate reasons. Any personal information provided to the Contest Organizer will be subject to its privacy policy which is available at: http://www.stingray.com/en/privacy-policy
8.3 For the purposes mentioned hereinabove, the participants’ personal data may be communicated to the Contest Organizer’s affiliates worldwide, or to any contract partners or service providers.
8.4 By entering the Contest, the participants also agree to grant an irrevocable and royalty-free license and permission to the Contest Organizer> to use their name, photograph, image, voice, statement and place of residence (as the case may be) for the purposes of the Contest conduct and for publicity and promotional purposes relating to the Contest, in any media and platform now known or hereafter devised, without limitation of time and territory.
9.GENERAL
9.1 The Contest Rules are available on http://stingray.com/encore during the Contest Period. The Contest Rules are applicable to each person who enters the Contest. The Contest Organizer reserves the right to terminate the Contest, in whole or in part, and/or modify or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
9.2 The Contest Organizer reserves the right, in its sole discretion, to disqualify any participant found to be (i) violating the Contest Rules; (ii) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest page; and/or (iv) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. The person in question may be reported to the competent legal authorities.
9.3 This Contest is subject to all applicable national, federal and provincial laws and regulations; unless otherwise provided at law, all actions, proceedings or litigation relating hereto shall be adjudicated in the judicial district of Montreal, province of Quebec, and the parties consent to such exclusive venue and jurisdiction.
9.4 If any provision of these Contest Rules is held by any court or administrative tribunal of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from these Contest Rules and the remaining provisions shall remain in full force and effect. The Contest Organizer’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision.