HONDA WIN-A-BIKE CONTEST
THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA
AND IS GOVERNED BY CANADIAN LAW
1.
KEY DATES:
The Honda 2019 WIN-A-BIKE Contest (the “Contest”)
begins on
January
1, 2019 at 9:00:00 a.m.
Eastern Time (“ET”)
and ends on
December 31, 2019 at 11:59:59
p.m.
ET (the “Contest Period”).
2.
ELIGIBILITY
TO ENTER:
The Contest
is open only 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”),
Honda Canada Finance Inc. (HCFI), and their respective distributors,
representatives, agents, sponsors, parent companies, subsidiaries, affiliates,
prize suppliers, dealers, advertising/promotion agencies and any other
individual(s), entity or entities involved in the development, production,
implementation, administration or fulfillment of the Contest (collectively, the
“Contest Parties”).
3.
AGREEMENT TO
BE LEGALLY BOUND BY RULES:
By participating in the
Contest, you are signifying your agreement that you have read and agree to be
legally bound by these Official Rules and Regulations (the “Rules”).
4.
PRIVACY
I understand that Sponsor, HCFI, and their
affiliates, dealers and service providers may collect, maintain, use and
disclose my personal information and may share this information between
themselves, for the purposes of: (i) administering the Contest; (ii) providing
me with marketing information (if I have opted in to receive such
communications); (iii) other applicable purposes described in the Sponsor’s
Privacy Policy (www.honda.ca/privacy)
or the HCFI Privacy Policy (www.honda.ca/lease-and-finance/privacy),
as applicable; and (iv) other purposes permitted by law. I can contact the
Sponsor and HCFI at 180 Honda Boulevard, Markham, Ontario, L6C 0H9 or by
telephone at 1-888-946-6329 (Sponsor) and 1-800-387-5399 (HCFI) if I no longer
consent to these uses or to update or correct my personal information. If I
withdraw my consent for the uses and disclosures detailed in section (i), Honda
will be entitled to deny my entry into the Contest. My personal information may
also be combined with other information collected from me if I enter into or
have previously entered into a transaction with the Sponsor, HCFI, or their
affiliates or dealers, and may be used for the purposes consented to at that
time. In some cases, personal information may be disclosed, processed and
stored outside Canada, and therefore may be available to government authorities
under lawful orders and laws applicable there.
5.
HOW TO ENTER:
No purchase necessary.
You can
earn one (1) Entry to the Contest, as follows:
1. By attending a Honda Pavilion (a “HondaPavilion”) at a promotional event: Where the Contest is promoted by Sponsor at a Honda Pavilion at any promotional event attended by Sponsor (each a “Promotional Event”) during the Contest Period, fully complete the Official Contest Online Entry Form (the “Online Entry Form”) which can be accessed during Promotional Event operating hours at the Honda Pavilion. The Online Entry Form requires you to: (i) enter your full name, valid e-mail address, province/territory of residence, postal code, product(s) of interest and language preference; and (ii) agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the Online Entry Form with all required information and have agreed to the Rules, click the “SUBMIT” button to be eligible to receive one (1) Entry;
OR
2. By online contest landing page: To enter, visit www.honda.ca/winabike at any time during the Contest Period and follow the on-screen instructions to fully complete the Online Entry Form, which requires you to: (i) enter your full name, valid e-mail address, province/territory of residence, postal code, product(s) of interest and language preference; and (ii) agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the Online Entry Form with all required information and have agreed to the Rules, click the “SUBMIT” button to be eligible to receive one (1) Entry;
(Either of the above methods of entry shall result in the “Entry”
or collectively, the “Entries”). To
be eligible, your Entry (regardless of the method of entry) must be submitted and
received in accordance with these Rules.
ONE (1) BONUS ENTRY
: You will also be eligible to
receive one (1) additional Entry to the Contest if you opt in to receive e-mail
communications from Sponsor when submitting your Entry. IMPORTANT NOTE: You can
opt-out of receiving promotional communications from the Sponsor at any time
without impacting your chances of winning in the Contest.
6.
ENTRY LIMIT
AND CONDITIONS:
There is a limit of one (1) Entry per person (regardless of method of
entry), with an exception for the additional one (1) Entry identified above.
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) or more than one (1)
additional Entry for opting-in to receive promotional communications from
Sponsor; and/or (ii) use multiple names, multiple identities, multiple
e-mail addresses,
multiple
accounts and/or any automated, macro, script, robotic or other system(s)
or program(s) to enter or otherwise participate in or to disrupt the Contest;
then they may be disqualified from the Contest in the
sole and absolute discretion of the Sponsor. 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 (all of
which are void). An Entry may be
rejected if, in the sole and absolute discretion of the Sponsor,
the
Entry is not submitted and received in accordance with these Rules.
7.
VERIFICATION:
All Entries 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 the Contest; (ii) for the purposes of verifying
the eligibility and/or legitimacy of any Entry and/or other information entered
(or purportedly entered) for the purposes of the Contest; and/or (iii) for any
other reason the Sponsor deems necessary, in its sole and absolute discretion,
for the purposes of administering the 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 the Contest will be the official time-keeping device(s) used by the
Sponsor.
8.
PARTICIPATION
REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE TO RELEASE THE
RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND
YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY
AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR
PARTICIPATION IN THE CONTEST. BY SUBMITTING AN ENTRY, YOU ALSO AGREE THAT THE
ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS
STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER
REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II)
PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION,
STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED THE
WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS
BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT
OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY
SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR
AWARDING OF ANY PRIZE.
By participating in the Contest, each entrant
hereby warrants and represents that any Entry they submit does not contain any
reference to any identifiable third parties, unless consent has been obtained
from all such individuals and their parent/legal guardian if they are under the
age of majority in their jurisdiction of residence; and will not give rise to
any claims whatsoever, including, without limitation, claims of infringement,
invasion of privacy or publicity, or infringe on any rights and/or interests of
any third party.
9.
PRIZE:
There will be one (1) prize (the “Prize”)
available to be won consisting of the confirmed Prize winner’s choice of: (i)
one (1) 2019 Honda CRF250L motorcycle; OR (ii) one (1) 2019 Honda CB300R
motorcycle plus a $300 dealer accessories credit. Prize colour is subject to Sponsor’s
remaining inventory in confirmed Prize winner’s region at time of selection.
The Prize has a total approximate retail value of $5,799 CAD.
The
Prize will be publicly awarded at an authorized Honda Motorcycle Dealership
chosen by the confirmed Prize winner (the “Dealership”). It is the sole and
absolute responsibility of the confirmed Prize winner to arrange for their own
transportation, hotel accommodations and/or flights to and from the Dealership,
as applicable, and to pay for any required transportation and/or accommodations,
as applicable.
IMPORTANT
NOTE: THE APPROXIMATE RETAIL VALUE OF THE PRIZE NOTED ABOVE IS CURRENT AS OF
NOVEMBER 14, 2018. UNDER NO
CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL RETAIL VALUE OF
THE PRIZE AS AT THE TIME OF FULFILMENT AND THE APPROXIMATE RETAIL VALUE OF THE
PRIZE NOTED ABOVE BE AWARDED. FOR THE
AVOIDANCE OF ANY DOUBT, THE PRIZE CONSISTS OF THE MOTORCYCLE AND NOT THE ACTUAL
VALUE OF THE MOTORCYCLE.
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 and/or or convertible to cash
(except as may be specifically permitted by Sponsor in its sole and absolute
discretion); (ii) no substitutions are permitted, except at Sponsor’s option;
(iii) redemption of the Prize must occur within and/or on or before the date or
dates specified by the Sponsor (otherwise the Prize may, in the sole and
absolute discretion of the Sponsor, be forfeited in its entirety and, if
forfeited, nothing will be substituted in its place); (iv) the costs of
everything not specifically and expressly stated above as included in the Prize
are the sole and absolute responsibility of the confirmed winner; (v) if the
confirmed winner does not utilize any part(s) of the Prize, then any such
part(s) not utilized may, in the sole and absolute discretion of the Sponsor,
be forfeited in their entirety and, if forfeited, nothing will be substituted
in their place; (vi) Sponsor reserves the right at any time to: (a) place
reasonable restrictions on the availability or use of the Prize or any
component thereof; and (b) 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; (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 at least an “M” class licence in
Ontario) in the province/territory in which he/she resides and proof (in a form
acceptable to the Sponsor) of satisfactory insurance; (viii) by accepting the
Prize, the confirmed winner agrees to waive all recourse against the Sponsor
and all of the other Released Parties if the Prize or a component thereof does
not prove satisfactory, either in whole or in part; and (ix) in the event that
the eligible Prize winner does not have a valid motorcycle licence or that
Prize claimant is not legally eligible to operate a motorcycle, the eligible
Prize winner may be permitted to transfer the Prize to their spouse, parent,
sibling, child or legal guardian who meets the necessary requirements as
specified in these Rules.
The Released Parties are not
responsible for any delay or postponement, for any reason, of any aspect of the Prize.
Neither the confirmed winner nor any other person or entity will be
compensated in the event of such delay or postponement.
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 other Released
Parties should the 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 Sponsor and all of the other Released
Parties if the Prize or a component thereof does not prove satisfactory, either
in whole or in part.
10.
ELIGIBLE
WINNER SELECTION PROCESS:
On January 8, 2020 (the “Selection Date”) in the Greater Toronto Area, Ontario, at
approximately 2:00 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 eligible entrant
selected will be eligible to win the Prize (subject to compliance with these
Rules). The odds of winning depend on the number of eligible Entries submitted
and received in accordance with these Rules.
11.
ELIGIBLE
WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will
make a minimum of three (3) attempts to contact the eligible winner, either
through the e-mail address or by telephone provided (as applicable) within two
(2) business days of the Selection Date.
If the eligible winner cannot be contacted within two (2) business days
of the Selection Date, or if there is a return of any notification as
undeliverable; then they 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 for the Prize from among the remaining eligible Entries submitted and
received in accordance with these Rules in accordance with the procedures
outlined in Rule 10
(in which
case the foregoing provisions of this section shall apply to such newly
selected eligible winner).
12.
ELIGIBLE
WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS
AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH
THESE RULES. 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 (which may, in the sole
and absolute discretion of the Sponsor, be administered online, by e-mail or
other electronic means, by telephone, or in the Sponsor’s form of declaration
and release); (b) submit to the Sponsor the location of the Dealership at which
the Prize will be awarded; and (c) sign and return in electronic format 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 Prize (as awarded); (iii) releases the
Released Parties from any and all liability in connection with the Contest,
their participation therein and/or the awarding and use/misuse of the Prize or
any portion thereof; (iv) agrees to indemnify the Released Parties against any
and all claims, damages, liabilities, costs, and expenses arising from use of
their Entry; and (v) agrees to the publication, reproduction and/or other use
of their name, city and province/territory of residence, 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 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 Prize) and the Sponsor
reserves the right, in its sole and absolute discretion and time permitting, to
randomly select an alternate eligible entrant for the Prize from among the
remaining eligible Entries submitted and received in accordance with these
Rules in accordance with the procedures outlined in Rule 10
(in which
case the foregoing provisions of this section shall apply to such newly
selected eligible winner).
13.
GENERAL
CONDITIONS:
The Contest is subject to all applicable federal, provincial
and municipal laws. The decisions of the Sponsor with respect to all aspects of
the Contest are final and binding on all entrants without right of appeal.
ANYONE DEEMED BY 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 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 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,
including the Online Entry Form; (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, subject
only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Québec, to cancel, withdraw,
amend or suspend the 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 the 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 the 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, subject only to the approval of the
Régie in Québec, to cancel, amend or suspend the 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. 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.
The Sponsor reserves the right, subject only to the
approval of the Régie in Québec, 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 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.
FOR
RESIDENTS OF QUÉBEC ONLY:
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 the Contest, each entrant expressly
consents to the collection, storing, use and disclosure of the personal
information submitted with an Entry for the purposes indicated in Section 4 –
Privacy of these Rules. Nothing in these Rules will limit any other consent(s)
that an individual may provide the Sponsor or others in relation to the
collection, storing, use and/or disclosure of their personal information.
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, the French version of these Rules, 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
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 the exclusive jurisdiction and venue of the courts located in
Ontario in any action to enforce (or otherwise relating to) these Rules or
relating to the Contest.
© 2019
Honda Canada Inc. All Rights Reserved.