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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