HUDSON’S BAY GRAND PORTAGE CONTEST

HUDSON’S BAY GRAND PORTAGE CONTEST

OFFICIAL RULES

 

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.  WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FOURTEEN (14) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES

 

SPONSOR: The sponsor of the Contest is Hudson’s Bay Company (“HBC”) located at 8925 Torbram Road, Brampton ON L6T 4G1 (“Sponsor”).

 

CONTEST DESCRIPTION AND TIMING:  The Hudson’s Bay Grand Portage Contest (the “Contest”) begins on or about July 14, 2017 at 10:00 a.m. Eastern Time (“ET”) and ends on August 28, 2017 at 9:00 p.m. ET (the “Contest Period”).  At the end of the Contest Period, a random drawing will be conducted to select one (1) potential winner of a Grand Prize; and two (2) potential winners of one (a) Secondary Prize each, on September 8, 2017 at Brampton ON, from among all eligible entries received during the Contest Period, as set forth more fully below.  Entry in the Contest does not constitute entry into any other promotion or contest.  By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects.  Void where prohibited by law.

 

ELIGIBILITY:  The Contest is open only to legal residents of Canada who (i) have reached the age of majority in their respective province or territory of residence as of the date of entry. Employees of Sponsor, Prize Supplier, and each of their parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including the administrator of this Contest if any (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate family members (spouses, parents, children and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win.  

 

HOW TO ENTER:  There is NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY to participate in the Contest. A purchase does not improve your chance of winning. There are three (3) methods to enter:

 

ONLINE:

During the Contest Period, you may enter the Contest by visiting the Contest site at http://hbgrandportage.ca (the “Contest Site”) and following the instructions to complete the entry form with the information requested.  Upon completion and submission of the entry form, you will receive one (1) entry into the Contest. Limit of one (1) entry per entrant during the Contest Period via this method.

 

Proof of entering information at the Contest Site is not considered proof of delivery to or receipt by Sponsor of such entry.  Sponsor’s designated computer shall be the official time keeping device for the Contest.  Use of computer programs and other automatic means to enter the Contest is prohibited and will result in disqualification.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and will result in disqualification.  Normal Internet access, usage charges and/or mobile usage imposed by your online service or mobile provider may apply.  Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.  Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event of a dispute as to any entry, the authorized account holder of the email address associated with the entry in question will be deemed to be the entrant, but only if that person meets all other eligibility criteria for this Contest. 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.  The potential winner may be required to show proof that he or she is the authorized account holder.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users 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 processing of the entries in the Contest.  The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.  Any communication or information transmitted to Sponsor and/or the Contest Site by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary.  

 

 

SOCIAL MEDIA:

During the Contest Period, visit HBC’s Facebook page at https://www.facebook.com/hudsonsbay, Twitter @hudsonsbay; and/or Instagram @hudsonsbay and (i) post an original photo or story of maximum 300 words of your favourite place in Canada; and (ii) include both hashtags #HBGrandPortage and #PortageContest (the “Hashtags”) in your post (each a “Post”). In the case of Facebook, please ensure the Post is posted on the HBC Facebook page. In the case of Instagram, please ensure the Hashtags are placed in the caption, not the comment section. Each Post that satisfies the criteria as set out in this section qualifies as one (1) entry.

 

The use of the Hashtags constitutes your unconditional acceptance to these Official Rules. By using the Hashtags in connection with your Post, you are acknowledging and agreeing that the Sponsor has the right to stream your post through the applicable social media API or otherwise use your post as set forth in their online Terms and Conditions.

 

Each person who enters this Contest represents and warrants as follows: (i) the entry is the entrant’s own original work; (ii) the entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous, or otherwise disparage any person or organization.  Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

 

Limit of nine (9) entries per Social Media Platform per entrant during the Contest Period. For greater certainty, an entrant may enter up to a total of twenty-seven (27) times via this method if he/she has all three types of social media account. Repeated, reposted, or copied entries will not be accepted.

 

Each Entrant must have a valid Facebook/ Twitter/Instagram account that is in good standing in order to enter via this method. If you do not have a Facebook/Twitter/Instagram account, visit www.facebook.com/ www.twitter.com/www.instagram.com and register in accordance with the enrollment instructions for a free Facebook/Twitter/Instagram account. The terms and conditions for creating and maintaining a Facebook/Twitter/Instagram account are at the sole discretion of Facebook/Twitter/Instagram, and can be found on the Facebook/Twitter/Instagram website. The Contest is open to existing Facebook/Twitter/Instagram account holders as well as new account holders.

 

In case of a dispute over the identity of an entrant via this entry method, the authorized account holder of the Facebook/Twitter/Instagram profile used for a particular Facebook/Tweet/Instagram post will be deemed to be the entrant. “Authorized account holder” is defined as the natural person who is assigned to a Facebook/Twitter/Instagram profile by www.facebook.com/ www.twitter.com/www.instagram.com. The potential winner may be required to show valid proof of being authorized account holder of the Facebook/Twitter/Instagram profile associated with their potentially winning entry.

 

Entries from Facebook/ Twitter/Instagram users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) cannot be accepted for entry into the Contest.

 

PURCHASE METHOD:  

To enter via this method, visit any Hudson’s Bay store during the Contest Period and purchase any item. Upon paying at the cashier, present your Hudson’s Bay Rewards Card, and notify the cashier of the donation your Hudson’s Bay Rewards points from that purchase to the HBC Foundation. Each donation from a transaction qualifies as one (1) entry to the Contest.

 

Limit of one (1) entry per day per entrant via this method. Total value of the points collected within the duration of the Contest Period, will be donated to the Trans Canadian Trail.  

 

If you are not an HBC Rewards cardholder, you may register for a Hudson’s Bay Rewards Card at any Hudson’s Bay store without cost or obligation. Entries from unauthorized card use or purchases made with lost, stolen, or fraudulent Hudson’s Bay Rewards Cards are void. The Sponsor is not responsible for Hudson’s Bay Rewards Card entries that are not fully received or recorded due to failure by a Hudson’s Bay Rewards cardholder to provide accurate or up-to-date personal contact information to the Hudson’s Bay Rewards Program. In case of dispute, a Hudson’s Bay Rewards Card entry will be deemed made by the registered holder of the Hudson’s Bay Rewards Card, as per HBC records. All eligible entries must be received by no later than store closing on August 28, 2017.

 

 

All entries, regardless of method, become the exclusive property of the Sponsor and will not be returned or acknowledged.  The Sponsor may wish to use the entrants’ personal information to communicate with them about the Sponsor’s updates, products, services and/or offers pursuant to the Sponsor’s privacy policy. Entrants who do not wish to receive such communications may contact the Sponsor.  If an entrant so elects, the Prize Supplier may also use the entrant’s personal information to communicate with such entrant about its products, services and offers. Please see the Sponsor’s Privacy Policy at http://www.thebay.com/webapp/wcs/stores/servlet/en/thebay/content-view/PrivacyLegalInfo

for information on the policy towards maintaining the privacy and security of user information.

 

Grant of Rights: Each entrant grants to Sponsor and its affiliates, subsidiaries, assigns, licensees, sublicensees, agents and representatives a worldwide, royalty-free, unrestricted, perpetual, non-exclusive right and license to copy  distribute, transmit, publish, edit, exhibit, disseminate, display, reproduce, create derivative works from and use in any way, throughout the universe and in perpetuity, each entry, and any reproductions or derivative works thereof, through any and all manners, formats or media now known or hereafter devised and other websites owned or controlled by Sponsor, their affiliates or anyone acting on Sponsor’s authority, (including Sponsor social media sites, including Facebook, Instagram and Twitter), for any and all lawful purposes, including advertising and promotional purposes, and agrees to execute documents, instruments or agreements confirming such right and license at Sponsor’s reasonable request.

 

IMPORTANT NOTE: Any entrant who incorporates any intellectual property or material owned by a third party into his or her entry does so at his or her own risk.  Without in any way limiting, expanding or amending the policies residing on http://instagram.com/about/legal/terms/# or https://support.twitter.com/articles/18311-the-twitter-rules or https://www.facebook.com/page_guidelines.php or Sponsor’s “Website Terms of Use” residing on http://www.thebay.com/webapp/wcs/stores/servlet/en/thebay/content-view/TermsCondtions, which are incorporated herein by this reference and which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from Facebook, Twitter and/or Instagram because of such infringement, such entry may be removed from Facebook, Twitter and/or Instagram and/or disqualified from the Contest, as Sponsor may determine in is sole and absolute discretion.  Further, no entrant will be eligible to receive a prize (as described below) unless Sponsor determines, in its sole and absolute discretion that such entrant’s entry has been or can be sufficiently cleared for legal purposes.}

 

WINNER SELECTION AND NOTIFICATION:  On September 8, 2017 at 4:00p.m. ET, one (1) potential winner of the Grand Prize and two (2) potential winners of a Secondary Prize will be randomly selected in a drawing from all eligible entries received throughout the Contest Period at Brampton, ON.  The drawing will be conducted by Sponsor or its third party administrator, using randomization methods selected by Sponsor or its third party administrator in its sole discretion.  The potential winners will be notified via phone.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If a potential winner does not respond within fourteen (14) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate potential winner may be selected. Sponsor may successively attempt to contact potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner of such applicable prize after such attempts have been made, such prize may go unawarded.

 

PRIZES/ODDS:  There is one (1) Grand Prize available to be won in Canada, consisting of; 1 Wooden canoe (Canoe used on The Grand Portage); 2 full size wooden paddles (used on The Grand Portage); 1 Grand Portage keychain; 1 Grand Portage Cap; 1 Grand Portage sweatshirt; 1 Grand Portage beach towel; 1 Grand Portage notebook; 1 Grand Portage adventure t-shirt; 1 Grand Portage porcelain heat mug; 1 Grand Portage pin; 1 Hudson’s Bay Stripes water bottle; 1 Hudson’s Bay On the Go Travel.  The approximate value of the Grand Prize is $8,000.00

 

There are two (2) Secondary Prizes available to be won in Canada, each consisting of: 1 Kevlar Grand Portage canoe (used on the The Grand Portage); 2 full sized wooden paddles; 1 Grand Portage Keychain; 1 Grand Portage t-shirt; 1 Grand Portage pin.  Each Secondary Prize has an approximate value of $7,500.00

 

(i) The Grand Prize and each Secondary Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) Sponsor reserves the right at any time to substitute the Grand Prize and the Secondary Prizes for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) upon notification, the confirmed winner(s) will be required to personally take delivery of the Grand Prize and the Secondary Prizes at a Canadian address.

 

IMPORTANT NOTE: THE APPROXIMATE RETAIL VALUE OF THE GRAND PRIZE AND EACH SECONDARY PRIZE NOTED ABOVE IS CURRENT AS OF JULY 15, 2017.  UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL RETAIL VALUE OF EACH OF THE GRAND PRIZE AND THE SECONDARY PRIZES AS AT THE TIME OF PRIZE FULFILMENT AND THE APPROXIMATE RETAIL VALUE EACH PRIZE NOTED ABOVE BE AWARDED.  FOR THE AVOIDANCE OF ANY DOUBT, THE PRIZES CONSIST OF THE GRAND PRIZE AND THE SECONDARY PRIZESAND NOT THE ACTUAL VALUE OF EACH SUCH PRIZE. 

 

 

Odds of winning a prize are dependent upon the number of eligible entries received during the Contest Period.

 

 

GENERAL PRIZE CONDITIONS:  The Grand Prize and each Secondary Prize will be awarded only if the potential prize winner fully complies with these Official Rules, including correctly answering a time-limited mathematical skill-testing question without assistance of any kind on the Declaration and Release form.  All portions of the prize(s) are non-assignable and non-transferable.  Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only.  Actual Grand Prize may vary from the prize pictured. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No cash alternative or substitution of the Grand Prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  The potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If any potential winner fails or refuses to sign and return any requested Prize Claim Documents within fourteen (14) days of prize notification, the winner may be disqualified and an alternate potential winner may be selected.  

 

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  By participating in the Contest, entrants agree to be bound by these Official Rules, the privacy policy of Sponsor located at http://www.thebay.com/webapp/wcs/stores/servlet/en/thebay/content-view/PrivacyLegalInfo and the decisions of the Sponsor.  Acceptance of the Grand Prize and each of the Secondary Prizes constitutes permission for the Contest Entities to use that winner’s name and/or likeness, biographical information, and/or entry for purposes of advertising and trade and on the winner’s list without further compensation, unless prohibited by law.  By submitting an entry, you warrant that all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity) and otherwise does not violate applicable law.  Entrants agree that the Contest Entities, Facebook, Twitter, and Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  The Sponsor assume no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Contest Site or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor has the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Contest Site, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsor reserves the right, and with the approval of the Régie des alcools, des courses et des jeux in Quebec, to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein.  In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

CONSTRUCTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario without giving effect to its conflict of law rules and provisions. All entrants consent to the jurisdiction and venue of the Province of Ontario. All entrants expressly agree that the Ontario courts shall have sole jurisdiction over any dispute or litigation arising from or relating to this Contest and agree to submit to the laws of and the jurisdiction of the federal courts of Canada and provincial courts of the Province of Ontario, and hereby waive the jurisdiction of any other court that now or in the future could be considered competent for any reason. The venue shall only be Toronto, Ontario.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  If any provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

WINNERS LIST/OFFICIAL RULES:  To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “The Hudson’s Bay Grand Portage Contest Winners List”, to Hudson’s Bay Company, 8925 Torbram Road, Brampton, ON L6T 4G1, Attn: Natalie Williams.  

 

DISCLAIMER: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram.  You understand that by entering this Contest, you are providing information to Sponsor and not to Facebook, Twitter or Instagram.

 

QUEBEC: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

 

Language: In the event of any discrepancy or inconsistency between the English language version and the French language version of these Rules, the English version shall prevail, govern and control.