Be Oak and Fort Contest Official Rules

Transcription

1 Be Oak and Fort Contest Official Rules No purchase necessary to enter or win. Purchase will not increase your chance of winning. 1. The Contest: Be Oak and Fort Contest (the Contest ) is conducted by Oak and Fort Corp. ( Oak+Fort ), with offices at 7 East 6 th Ave, Vancouver, BC, V5T 1J3, Canada. 2. Contest Period: The Contest begins on August 28, 2015 at 12:01 a.m. Pacific Standard Time (PST) and ends on September 25, :59 p.m. PST. (the Contest Period ). The time will be determined by the Oak+Fort s timekeeping systems, and Oak+Fort may also rely on the time processing functions of Instagram, as relevant. Oak+Fort has the sole discretion in determining the timeliness of any action or inaction related to this Contest. 3. Eligibility: The Contest is open only to individuals who are either legal residents of Canada (excluding residents of Quebec) or legal residents of the fifty (50) United States or the District of Columbia, and who have reached the age of majority in the province, territory or state in which they reside. To be eligible to win a prize, entries must be completed and received by Oak and Fort before the end of the Contest Period. Entrants must have a public Instagram account to participate. Employees, representatives and agents of Oak+Fort, and advertising and promotion agencies, as well as the immediate family members (spouse, children, parents and siblings) and those living in the same household of such employees, representatives and agents are not eligible to enter. Void where prohibited by law. 4. How to Enter: No purchase, payment or fee is required in order to participate in the Contest. To enter, take a photo of yourself or another person wearing clothing and/ or accessories from Oak+Fort s Spring/Summer 2015 or Fall/Winter 2015 ( Image ). Then, upload the Image to your personal Instagram account, including the hashtag #BeOakandFort, and in your image, together with any caption (your Submission ). In order for your entry to be valid, your Instagram profile must be public and thus viewable by Oak+Fort and its agents. Posting a photo on Instagram generally requires a mobile device and therefore message and data rates may apply. The authorized account holder of the Instagram account used to enter the Contest will be deemed to be the Contest entrant. Each entrant is subject to verification and may be required to show proof of being an authorized account holder. Please read our privacy policy found at for information about how Oak+Fort collects, uses and discloses your information. 5. Rights Granted to Oak+Fort: By entering this Contest, you grant to Oak+Fort a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce the Submission and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Submission in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Oak+Fort and its licensees or assignees determine, without further compensation,

2 notification, or permission. By entering the Contest, you waive any moral rights you may have in the Submission in favor of Oak+Fort. By entering this Contest, you also grant to Oak+Fort the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Submission for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Oak+Fort is further irrevocably entitled to assign the rights above entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties. 6. Submission Requirements and Content Restrictions: All Submissions (including, without limitation, the Image and any accompanying statements or captions) must comply with the following requirements and content restrictions. By entering the Contest, you warrant that the Submission complies with these requirements. (i) (ii) (iii) Your Image submitted (a) must be your own original work, created and shot by and/or featuring you; (b) must not have been previously published, released or distributed in any form; and (c) must not have been entered into any other drawing or competition nor won any award. Modification of an existing image does not count as original for purposes of this Contest. The entry and image must not contain any material that would violate or infringe upon the rights of any person or entity, including, without limitation, copyrights, trademarks, intellectual property or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party. You represent and warrant that you have the express consent of any identifiable persons appearing in the Image to their name and likeness being used in the ways set out in these Rules, including Oak+Fort s right to use the Image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons in favour of Oak+Fort. Images may include individuals under the age of 13 only if submitted by his or her parent or legal guardian. The Submission must not contain any personally identifiable information of any person. Subject to these Rules, Oak+Fort grants you the limited permission to display its marks, artwork and products in your Submission solely for purposes of entering this Contest. Otherwise, the Submission must not

3 contain or reference any names, products or services of any other company or entity or any third party trademarks, logos, trade dress or promotion of any third party brand, product, or service. (iv) (v) The Submission must be appropriate for public viewing. Without limitation, the Submission must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Oak+Fort in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, brand, product, or service. The Submission must comply with all of Instagram s requirements and terms( regarding the use of its services. Entries (including, without limitation, the submitted images and their captions) that do not comply with the requirements of these Rules as determined by Oak+Fort in its sole discretion are not eligible for consideration in relation to the Contest. Oak+Fort reserves the right in its sole discretion to remove or disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Rules. You agree to reimburse Oak+Fort in full in respect of any losses, damages, and expenses, including reasonable attorney fees that Oak+Fort or any of its affiliates may sustain, from the breach of a representation or warranty made by you or anyone acting on your behalf or with your authority. 7. Winner Selection: After the completion of the Contest Period, the top 3 images will be selected and re-grammed by the Oak+Fort Instagram on September 28, The image with the most likes on October 5, 2015 at 5:00pm PST shall be selected as the Winner. All eligible Submissions will be evaluated by Oak+Fort based on the following non-exhaustive criteria: (a) most interesting and original Submission, (b) visual impact of the image, and (c) positive representation of the Oak+Fort brand. 8. Prize: The Winner will receive one (1) Oak+Fort gift card loaded with five hundred dollars ($500). The currency of all gift cards awarded will be in either Canadian dollars or United States dollars, depending on whether the winner resides in Canada or the United States. The Prize must be accepted as awarded in the form of a stored value card ( Gift Card ), which may only be redeemed toward the purchase of merchandise at any Oak+Fort retail store or Oak+Fort s online store at Prize may not be redeemed for cash or refund and the value will not be replaced if the Gift Card is lost, destroyed or stolen. Prize is subject to any terms and conditions stated on the Gift Card. Prizes are not transferable and must be accepted as awarded. Oak+Fort reserves the right to substitute any prize with an alternative prize of comparable or greater value. Federal/country, province, state and/or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. 9. Winner Notification and Requirements: Oak+Fort will notify the potential winner by sending an Instagram Direct Message to him/her and requesting the potential winner to Oak+Fort within 72 hours at the address provided.

4 On the occasion of each draw, the prize winner will be the entrant who: (a) is selected by Oak+Fort; (b) submits valid proof of identity, age and residence; and (c) if a Canadian resident, correctly answers, unaided by any other person, a timelimited, mathematical, skill-testing question administered by Oak+Fort during a prearranged, mutually convenient telephone call (U.S. residents do not need to meet this requirement). To qualify as a prize winner, a selected entrant must comply with these Rules and must promptly sign a prescribed form of Declaration, Release and Consent Form, which confirms the entrant s compliance with these Rules, releases Oak+Fort and its affiliates from claims and liabilities, and consents to the use and disclosure of the entrant s personal information in connection with the Contest (including announcements of the entrant s name as one of the winners of the Contest). A selected entrant may also be required to execute any other legal, regulatory, or tax-related documents required by Oak+Fort at its sole discretion. Oak+Fort may in its discretion disqualify a selected entrant, and select a substitute entrant, if any of the following occur: (a) the selected entrant fails to respond to the prize notification within 72 hours; (b) the selected entrant who is a Canadian resident fails to correctly answer the skill-testing question; or (c) the selected entrant fails to fully comply with these Rules. Miscellaneous: 10. By entering the Contest, you hereby release Oak+Fort, its parent company, subsidiaries, affiliates, suppliers, prize suppliers, and each of their respective parent companies and each such company s officers, directors, employees and agents (collectively, the Released Parties ) from any liability whatsoever and waive all causes of action for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with these Terms, the Contest, or the delivery, misdelivery, acceptance, possession, use or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage or destruction of property, rights of publicity or privacy, defamation or betrayal in a false light, intentional or not), whether under a theory of contract, tort (including negligence), warranty or otherwise. 11. Oak+Fort is not responsible for incomplete, lost or late entries or faulty transmissions, technical computer hardware or software failures of any kind, lost or interrupted or unavailable network connections, or failed, incomplete, garbled, misrouted, scrambled or delayed computer transmission, or other errors or problems of any kind, whether mechanical, human, electronic or otherwise, which may limit or affect in any way a participant s ability to participate in the Contest. Oak +Fort is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Oak+Fort assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of the Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any

5 aspect of the operation of the Contest; (d) inaccessibility or unavailability of the entry portals on any particular day; or (e) any injury or damage to entrant s or to any other person s computer which may be related to or resulting from participating in the Contest or any attempt to obtain further information concerning the Contest. 12. If for any reason Oak+Fort determines, in its discretion, that the Contest is not capable of being conducted as intended by Oak+Fort, including due to any misconduct by or on behalf of an entrant, Oak+Fort may in its discretion disqualify the entrant responsible for the misconduct and withdraw, cancel, terminate, modify, or suspend all or any part of the Contest. 13. CAUTION: ANY ATTEMPT TO INTERFERE WITH THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND OAK+FORT RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER RELIEF FROM ALL RESPONSIBLE PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW. 14. Oak+Fort will have unfettered discretion in its decisions regarding all aspects of the Contest and the administration of these Rules. Oak+Fort s decisions are final and binding on all entrants. 15. Except where prohibited by law, you agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded ( Disputes ) shall be resolved individually, without resort to any form of class action; and (2) all Disputes must be resolved before the Courts of British Columbia sitting in the City of Vancouver, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. You agree that any and all claims, judgments, and awards shall be limited to actual outof-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys fees; and under no circumstances will you be permitted to claim or obtain, and YOU HEREBY WAIVE ALL RIGHT TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. 16. The Contest is controlled by Oak+Fort from Vancouver, Canada. These Rules, and all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of you and Oak+Fort in connection with the Contest, shall be governed and construed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. 17. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. 18. No Affiliation with Instagram: The Contest is in no way sponsored, endorsed or administrated by, or associated with, Instagram or any other named or depicted

6 people or entities other than Oak+Fort. Any questions, comments or complaints regarding the Contest should be directed to Oak+Fort. 19. Personal information gathered by Oak+Fort will be used for the purposes of administering the Contest, contacting potential winners and as otherwise permitted or required by law. 20. The Contest is subject to all applicable federal, provincial, state and local laws and regulations. Notwithstanding any other terms of these Rules, this Contest is VOID IN QUEBEC, CANADA, AND WHERE PROHIBITED BY LAW.

7 Declaration, Release and Consent Form Be Oak and Fort Contest (the Contest ) Selected Entrant: Address: City, Province, Country: Postal/Zip Code: Phone Number: Prize: The Prize, as described in the official contest rules & regulations, consists of Five Hundred Dollars ($500). In order to qualify as a winner of the above prize, you must first correctly answer the skill-testing question printed below: QUESTION: (33 x ) divide by 5 71 = I, the Selected Entrant named above, in consideration of being selected as the Selected Entrant, and in consideration of receiving the Prize as described above, HEREBY: 1. accept the Prize as described above, and declare that I have complied with all rules and regulations as stated on the official Contest Rules; 2. confirm that I am a permanent resident of Canada or the United States and that I have reached the age of majority for the province in which I reside, and that neither I nor any member of my immediate family (or persons with whom they or I are domiciled with) is an employee of Oak and Fort Corp., their representatives, affiliates, or advertising and promotional agencies; 3. agree to the use my name, city of residence, photograph, image and/or likeness for advertising and other promotional purposes, without further review or compensation, in any media, in perpetuity and worldwide; 4. release and hold harmless Oak+Fort and its parent company, subsidiaries, affiliates, suppliers, prize suppliers, and each of their respective parent companies and each such company s officers, directors, employees and agents (collectively, the

8 Released Parties ) from any liability whatsoever and waive all causes of action for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with these Terms, the Contest, or the delivery, mis-delivery, acceptance, possession, use or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage or destruction of property, rights of publicity or privacy, defamation or betrayal in a false light, intentional or not), whether under a theory of contract, tort (including negligence), warranty or otherwise. Signature of Selected Entrant: Dated: at Signature of Witness: (Please print your full name and address Please Print Clearly) (Please print your telephone number Please Print Clearly)