this contest is open to canadian residents only

and is GOVERNED by canadian law

 

1.       CONTEST PERIOD AND KEY DATES: 

 

The Honda Spring Tire Contest (the “Contest”) begins on April 1, 2015 at 10:00 a.m. Eastern Time (“ET”) and ends on May 31, 2015 at 11:59:59 p.m. ET (the “Contest Period”).  The Contest Period will be divided into nine (9) weeks (each, a “Week” and collectively, the “Weeks”) as follows:

 

Week

Start Date and Time

End Date and Time

Draw Date (all 10:00 a.m. ET)

1

April 1st at 10:00 a.m. ET

April 5th at 11:59:59 p.m. ET

April 6th

2

April 6th at 12:00:00 a.m. ET

April 12th at 11:59:59 p.m. ET

April 13th

3

April 13th at 12:00:00 a.m. ET

April 19th at 11:59:59 p.m. ET

April 20th

4

April 20th at 12:00:00 a.m. ET

April 26th at 11:59:59 p.m. ET

April 27th

5

April 27th at 12:00:00 a.m. ET

May 3rd at 11:59:59 p.m. ET

May 4th

6

May 4th at 12:00:00 a.m. ET

May 10th at 11:59:59 p.m. ET

May 11th

7

May 11th at 12:00:00 a.m. ET

May 17th at 11:59:59 p.m. ET

May 19th

8

May 18th at 12:00:00 a.m. ET

May 24th at 11:59:59 p.m. ET

May 25th

9

May 25th at 12:00:00 a.m. ET

May 31st at 11:59:59 p.m. ET

June 1st

 

2.       ELIGIBILITY:

 

Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees (current and retired), representatives or agents (and those with whom such persons are living, whether related or not) of Honda Canada Inc. (the “Sponsor”), its parent company, subsidiaries, affiliates, dealers, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).  

 

3.       HOW TO ENTER:

 

No purchase necessary.  To enter, go to www.honda.ca/tirecontest (the “Website”) and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Entry Form”). Fully complete the Entry Form with all required information, which includes a requirement to: (i) enter your full name, complete mailing address (including postal code), valid email address, telephone number and language preference; (ii) indicate the make, model year and model of the vehicle you currently own, if any; and (iii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”).   At the time of completing the Entry Form, you will also have the option, but not the obligation, to signify your consent to receive promotional communications from Honda.  Agreeing to receive promotional communications from Honda will not increase or otherwise impact your chances of winning in this Contest.  Once you have fully completed the Entry Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Entry Form (the “Entry”).  To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period. 

 

4.       ENTRY LIMIT:

 

There is a limit of one (1) Entry per person/email address during the Contest Period.  For greater certainty and the avoidance of any doubt, you can only use one (1) email address 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; and/or (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period.  The Contest Parties and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).    

 

5.       VERIFICATION:

 

All Entries are subject to verification at any time and for any reason.  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): (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 any Entry or other information 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 the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).

 

6.       THE PRIZE AND APPROXIMATE RETAIL VALUE:

 

There will be nine (9) prizes (each, a “Prize” and collectively the “Prizes”) available to be won (one Prize per Week), each consisting of: (i) one set of four (4) all-season tires (to be selected by the eligible winner from among the list of qualifying all-season tire brands included below – subject to availability); and (ii) installation (including labour, valve stems, mounting/balancing and environmental fees) of the all-season tires at a participating Honda dealer (to be selected by the Sponsor in its sole and absolute discretion) – up to a maximum installation value of $150.00; collectively with a maximum approximate retail prize value of $2500.00.  Prize does NOT include tire rims – all-season tires must be installed on existing (or newly purchased) tire rims.   

 

Actual retail value will vary depending on set of tires chosen by the winner and/or the associated installation costs.  For the avoidance of any doubt, no difference between the actual and approximate retail values will be awarded.  Winners are solely responsible for any and all costs that: (i) relate to installation and exceed the maximum installation cost stated above; and/or (ii) relate to the selected all-season tires and exceed the maximum approximate retail prize value stated above.  Under no circumstances will the Sponsor be responsible for any costs or other expenses that exceed the maximum limits as stated in these Rules.

 

There is a limit of one (1) Prize per person.  Each 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).  To be eligible, the all-season tires selected by each winner must be in-stock at the participating Honda dealer.  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.  Each Prize must be redeemed in full by no later than July 31, 2015 – after which time the Prize can no longer be redeemed.

 

Qualifying All-season Tire Brands: (i) Firestone; (ii) Uniroyal; (iii) Continental; (iv) General; (v) Goodyear; (vi) Dunlop; (vii) Yokohama; (viii) Toyo; (ix) Michelin; and (x) BF Goodrich.   IMPORTANT NOTE: If the all-season tires selected by a winner cannot be installed on his/her vehicle for any reason whatsoever, as determined by the Sponsor in its sole and absolute discretion, then the only recourse the winner has is to select another set of qualifying all-season tires.

 

7.       RANDOM PRIZE DRAW AND WINNER SELECTION:

 

On each Draw Date (listed above in Rule 1) in Markham, ON at approximately 10:00 a.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received to date during the Contest Period by the end of the Week immediately preceding the applicable Draw Date.  PREVIOUSLY NON-WINNING ELIGIBLE ENTRIES AUTOMATICALLY CARRY FORWARD TO BE INCLUDED IN THE RANDOM DRAW FOR SUBSEQUENT WEEKS.  The odds of winning depend on the total number of eligible Entries submitted and received to date during the Contest Period by the end of the Week immediately preceding each Draw Date.

 

8.       WINNER NOTIFICATION:

 

In relation to each Week, the Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner by telephone or email (using the information provided the time of entry) within three (3) business days of the applicable Draw Date.  If an eligible winner cannot be contacted within three (3) business days of the applicable Draw Date, 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 applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received to date during the Contest Period by the end of the Week immediately preceding the applicable Draw Date (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

 

9.       WINNER CONFIRMATION:

 

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  Before being declared A CONFIRMED PRIZE winner, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases 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 applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, 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 or medium whatsoever, including print, broadcast or the internet.  If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time;  (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received to date during the Contest Period by the end of the Week immediately preceding the applicable Draw Date (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

 

10.        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.  By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. 

 

The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other information to be received, captured or recorded for any reason whatsoever, 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 participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

 

In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted at the time of entry.  “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.

 

By participating in the Contest, and as a condition of acceptance of the Prize, entrants, entrant’s heirs, executors, administrators, successors and assigns, release and forever discharge and hold harmless the Released Parties, their direct and indirect parent companies, affiliates, subsidiaries, successors, assigns, agents, advisors, franchisees, shareholders, partners, representatives, their advertising, promotion and fulfillment agencies and each of their respective employees, officers, directors, agents and representatives, from and against any and all losses, damages (including, without limitation, direct, indirect, incidental, consequential or punitive damages), rights, claims, actions, causes of action, personal injury, property damage or death, including without limitation all costs and liabilities of any kind including legal fees on a substantial indemnity scale, hereinafter called “Claims” and including without limitation any claims arising from any act of negligence of the Released Parties, that entrant now has, or may hereafter have against the Released Parties directly or indirectly resulting or arising from: (i) participation in the Contest, or the awarding, acceptance, possession, use, or misuse or enjoyment of any Prize; or (ii) the publicity rights granted to the Sponsors and the Administrators. Entrant also agrees to indemnify, defend, and hold harmless the Released Parties from any and all Claims in respect of the foregoing.

 

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) 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, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. 

 

Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

 

For Quebec residents:  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 board only for the purpose of helping the parties reach a settlement.

 

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 and in accordance with Sponsor’s privacy policy (available at: http://www.honda.ca/privacy).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

 

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics 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, point of sale, television, print or online advertising, the French version of these Rules and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

 

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 the terms as if the invalid or illegal provision were not contained herein.

 

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

 

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