THIS CONTEST IS OPEN ONLY TO RESIDENTS OF NEW BRUNSWICK,
NOVA SCOTIA, PRINCE EDWARD ISLAND AND NEWFOUNDLAND AND LABRADOR AND IS GOVERNED
BY CANADIAN LAW. FOR GREATER CERTAINTY, RESIDENTS OF ANY OTHER PROVINCE
(INCLUDING QUEBEC) OR TERRITORY ARE NOT PERMITTED TO PARTICIPATE.
1. ELIGIBILITY TO ENTER:
The 2016 Civic Best Drive Test Drive Contest is open only to residents of New Brunswick, Nova
Scotia, Price Edward Island and Newfoundland and Labrador who have reached the legal
age of majority in their province of residence at the time of entry, except
employees (current and retired), representatives or agents (and those with whom
such persons are domiciled, whether related or not) of the Atlantic Honda
Dealers Association (the “Sponsor”),
Honda Canada Inc., their respective parent companies, subsidiaries, affiliates,
prize suppliers, dealers, advertising/promotion agencies and any other
individual or entity involved in the development, production, implementation,
administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).
2. AGREEMENT TO BE LEGALLY
BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that
you have read and agree to be legally bound by these Official Rules and
Regulations (the “Rules”).
3. KEY DATES:
The Contest begins on February 9, 2016 at
12:01 a.m. Atlantic Time (“AT”) and
ends on March 31, 2016 at 8:00 p.m. AT (the “Contest Period”).
4. HOW TO ENTER:
No purchase OR TEST DRIVE NECESSARY. There are two (2) ways to earn an Entry
(each, an “Entry” and collectively,
the “Entries”) in the Contest, as
follows:
Test Drive: To
participate, visit an authorized Honda dealership in New Brunswick, Nova Scotia, Price Edward Island or Newfoundland
and Labrador during the Contest Period (during normal operating hours) and request
the opportunity to complete a test drive (the “Test Drive”) of a 2016 Honda Civic.
To be eligible to complete a Test Drive, you must: (i) hold a valid full
driver’s licence (equivalent to a full “Class 5” licence in Nova Scotia) ; and
(ii) be insurable. Failure to meet any
of the requirements stipulated in these Rules and/or as otherwise specified by
or on behalf of the Sponsor or participating Honda dealership may result in the
inability to participate in a Test Drive.
Once you have fully completed the Test Drive, a representative from the
participating Honda dealership will fully complete and submit the Sponsor’s
Official Registration Form (the “Form”)
with the following information: (i) your first name; (ii) your last name; (iii)
your valid email address; (iv) your valid telephone number; (v) the date of
your Test Drive; (vi) the time of your Test Drive; (vii) the salesperson’s ID;
and (viii) the dealer code for the participating Honda dealership. Once the representative from the
participating Honda dealership has fully completed and submitted the Form, you
will be eligible to earn one (1) Entry in the Contest.
No Test Drive
Necessary: To obtain one (1) Entry in the Contest without the need to complete a
Test Drive, print your full
name, complete mailing address (including postal code), valid telephone number and valid email
address on a plain white piece of paper and mail it (in an envelope with
sufficient Canadian postage) along with a fifty (50) word or more unique and
original essay on “The
Importance of Fuel Economy” to: 2016 Civic Best Drive Test Drive Contest, 320
Wright Ave. Unit 1, Dartmouth, NS, B3B 0B3 (a “Request”). Upon receipt of
your Request in accordance with these Rules, you will receive one (1) Entry in
the Contest. To be eligible, your Request must: (i) be received separately in
an envelope bearing sufficient Canadian postage (i.e. multiple Requests in the
same envelope will be void); and (ii) be post-marked during the Contest Period
and received before the Draw Date (as defined below in Rule 8).
The Contest Parties and each of their respective agents, employees,
directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability
whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or
incompatible Entries, Requests and/or other information (all of which are
void).
5. ENTRY LIMIT AND
CONDITIONS:
There is a limit
of one (1) Entry per person, regardless of the method of entry. 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
(regardless of the method of entry); and/or (ii) use multiple names,
identities, email addresses, and/or any automated, macro, script, robotic or other
system(s) or program(s), and/or any other means not in keeping with the
Sponsor’s interpretation of the letter and spirit of these Rules 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.
6. VERIFICATION:
All
Entries, Requests and entrants 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, Request and/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 Sponsor’s interpretation of 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 official time-keeping
device(s) used by the Sponsor.
7. PRIZE:
There will be one (1) Prize (the “Prize” available to be won
consisting of a 2016 Civic
LX with Automatic Transmission (Model FC2F5GE) with a total approximate retail
value of $25,206.83. Prize includes
MSRP, Freight & PDI and all applicable fees and taxes. Without
limiting the generality of the foregoing, the following general conditions
apply to the Prize: (i) 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 Prize
or
a component thereof 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) colour and other specifics of the
Prize will be at the sole and
absolute discretion of the Sponsor and subject to availability; (v)
manufacturer’s standard warranty applies to the Prize; (vi) upon notification, the confirmed Prize winner may, in the sole and
absolute discretion of the Sponsor, be required to personally take delivery of
the Prize from a
participating Honda dealership selected by the Sponsor (in its sole and
absolute discretion) and will be required to present adequate personal
identification (in a form acceptable to the Sponsor – including, without
limitation, government issued photo identification); (vii) Prize will not be released unless
and until the confirmed Prize winner first
shows proof (in a form acceptable to the Sponsor) of having a valid driver’s
licence (equivalent to a full “Class 5” licence in Nova Scotia, New Brunswick,
PEI or Newfoundland) and proof (in a form acceptable to the Sponsor) of
satisfactory insurance; (viii) confirmed Prize winner is solely responsible for all expenses that
are not included in the Prize description
above, including, but not limited to, registration and licence fees, insurance,
additional accessories and all other costs associated with: (a) any upgrade or
option package(s) that he/she may request (and that may be permitted by Sponsor
in its sole and absolute discretion); and/or (b) obtaining a valid driver’s
licence, licence plates, registration, insurance and/or fuel.
THE
APPROXIMATE RETAIL VALUE OF THE PRIZE NOTED ABOVE IS CURRENT AS OF JANUARY 27,
2016. UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL
RETAIL VALUE OF THE PRIZE AS AT THE TIME OF FULFILMENT OR ANY OTHER TIME AND
THE APPROXIMATE RETAIL VALUE OF THE PRIZE NOTED ABOVE BE AWARDED. FOR THE
AVOIDANCE OF ANY DOUBT, THE PRIZE CONSISTS OF THE VEHICLE AND NOT THE ACTUAL
VALUE OF THE VEHICLE.
None of the
Released Parties makes any representation or offers any warranty, express or
implied, as to the quality or fitness of the Prize awarded in connection with
the Contest. To the fullest extent permitted by applicable law, the confirmed
winner understands and acknowledges that he or she may not seek reimbursement
or pursue any legal or equitable remedy from either the Sponsor or any of the
Released Parties should his/her Prize fail to be fit for its purpose or is in
any way unsatisfactory. For greater certainty and the avoidance of any doubt,
by accepting the Prize, the confirmed winner agrees to waive all recourse
against the Released Parties if his/her Prize or a component thereof does not
prove satisfactory, either in whole or in part.
8. Eligible WINNER SELECTION (RANDOM DRAW):
On
April 15, 2016 (the “Draw Date”) in
Toronto, Ontario at approximately 12:00 p.m. ET, one (1) eligible entrant will
be selected by random draw from among all eligible Entries submitted and
received in accordance with these Rules.
The odds of winning depend on the number of eligible Entries submitted
and received in accordance with these Rules.
9. ELIGIBLE WINNER NOTIFICATION:
The
Sponsor or its designated representative will make a minimum of three (3)
attempts to contact the eligible winner within five (5) business days of the
Draw Date. If the eligible winner cannot
be contacted within five (5) business days of the 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 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 in accordance with these Rules in accordance with the procedures
outlined in Rule 8 (in which case the foregoing provisions of this section
shall apply to such newly selected eligible winner).
10.
WINNER
CONFIRMATION:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR
OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF
SUCH PERSON IS ANNOUNCED AS THE WINNER OR AN ELIGIBLE WINNER. Before being declared AS the CONFIRMED PRIZE
winner, the eligible winner will be required to: (a) correctly answer a
mathematical skill-testing question without mechanical or other aid; and (b)
sign and return within five (5) 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 applicable
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
whatsoever, including print, broadcast or the internet. If the 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 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 in accordance with these Rules in accordance with the
applicable procedures outlined in Rule 8 (in which case the foregoing
provisions of this section shall apply to such newly selected eligible
winner).
11.
GENERAL CONDITIONS:
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.
ANYONE DEEMED BY
THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION 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 any website or any platform
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, Request
and/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.
The Sponsor reserves the right, in its sole and absolute discretion, 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) 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 reserves the right, in its sole and absolute discretion, 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.
By
entering this Contest, each entrant expressly consents to the Sponsor, its
agents and/or representatives, collecting, using, retaining and disclosing the
personal information submitted, for the purpose of administering the Contest,
including facilitating the Test Drive, and in accordance with Sponsor’s privacy
policy. This section does not limit any other consent(s) that an individual may
provide the Sponsor or others in relation to the collection, use, retaining
and/or disclosure of their personal information.
The Sponsor
reserves the right, in its
sole and absolute discretion, to adjust any of the dates, timeframes and/or
other Contest mechanics stipulated in these Rules, to the extent deemed necessary
by Sponsor, for purposes of verifying compliance by any entrant, Entry, Request
and/or other information 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 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 and/or any instructions or
interpretations of these Rules given by any representative of the Sponsor, the
terms and conditions of these 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 Nova Scotia 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 Nova
Scotia in any action to enforce (or otherwise relating to) these Rules or
relating to this Contest.
TOR_LAW\ 8873116\4