Give Gift of Hearing Contest Rules
OFFICIAL RULES NO PURCHASE NECESSARY.
A PURCHASE OR PAYMENT WILL NOT INCREASE A CONTESTANT’S CHANCES OF WINNING. OPEN TO RESIDENTS OF CANADA (NOT INCLUDING QUEBEC) AGE 18 YEARS OR OLDER AT THE TIME OF ENTRY.
Void where prohibited or restricted by law.
Sponsor: Ears Canada, 1338 Fourth Ave, Suite S211, St Catharines, ON, L2S 0G1
Purpose: To promote Ears Canada, give away a set Audibel premium hearing aids – and - arranging for a free hearing test and the products to be fit by a hearing care professional (the “Prize”).
How to Enter: All eligible contestants must submit one (1) essay via the landing page. Essays will be accepted beginning at 9:00 A.M. Eastern Time (“ET”) on December 2, 2020 and must be received by 11:59 P.M. ET Sunday, December, 20 2020 (“Entry Period”). No consideration of any kind is required to enter the Contest. Entries must comply with Facebook’s Terms of Use and Statement of Rights and Responsibilities. Obscene, provocative or otherwise questionable content will not be considered and will be disqualified from the Contest. Sponsor and its agents retain sole discretion as to what constitutes inappropriate content. Ears Canada reserves the right in its sole and absolute discretion to alter Official Rules at any time.
Contestant’s Eligibility: Only open to legal residents of Canada (excluding Quebec), who are 18 years of age or older at the time of entry. Employees of Sponsor and their immediate family (spouse, mother, father, sister, brother, daughter, or son) or member of the same household (whether related or not) are not eligible. All federal, Provincial and local laws and regulations apply.
Limitation on Entries: One (1) entry per person. Entries received from any person in excess of the stated limitation will be grounds to have the contestant disqualified and his/her entry void.
Awarding of Prize: There will be one (1) winner. Odds of winning depend on number of valid entries received. Winner will be determined on Wednesday, December 23, 2020. Winner will be notified via email, phone by Ears Canada. Winner will be announced on the Ears Canada Facebook page as well, after the winner has been contacted directly.
Qualification of Winner: Before a Potential Winner will be deemed an Official Winner, he/she will be required to execute and return an Affidavit of Eligibility and Liability/ Publicity Release (except where prohibited) (the “Affidavit/Release”) and any other legal documents that Sponsor may require, within five (5) days from the date of Sponsor sending such documents to the Potential Winner or be subject to disqualification. The Potential Winner must be able to provide proof that the Potential Winner is eligible to be deemed an Official Winner to Sponsor’s satisfaction. If the documents are not returned within that time, or Potential Winner or Official Winner is found to be ineligible, or does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner will be selected. A prize notification being returned as undeliverable will result in disqualification of such entry and another entry will be chosen.
General Conditions: By submitting a contest entry, each contestant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Contest which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Contest or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless Sponsor and its respective parents, affiliates, subsidiaries, and each of its employees, directors, officers and agents (collectively, the “Released Parties”) from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Contest or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Contest-related activity; (iv) grant Sponsor (where permitted by law) the right to use his/her name, address (city and state only), and biographical information on a worldwide basis, in all forms of media, in perpetuity and for advertising or promotional purposes without review or further compensation, and (v) warrant and represent that the use of the materials submitted in this Contest will not violate the rights of any third parties. Noncompliance with any of the above will result in disqualification.
All essays entered in the Contest, including its copyright, and all related materials become the sole property of Ears Canada upon submission and will not be returned. Contestants each acknowledge and agree that their submitted comment will be published on the Ears Canada Facebook page without any fee or other form of compensation.
Winner will be announced December 23rd, 2020. After entries close on December 20th, 2020 winner will be contacted immediately by phone and/or email. If failure to reach contact over phone or email within 3 business days we will select a second winner at random.
Limitation of Liability: Sponsor and its advertising and promotion agencies are not responsible for lost, late, illegible, misdirected or stolen entries, or transmissions, or problems of any kind whether mechanical, human or electronic. Winners agree that (except where prohibited) Sponsor may use winner's name, picture, likeness and voice for advertising and promotional purposes without further compensation. Sponsor, its promotional and advertising agencies, and all respective officers, directors, employees, representatives and agents shall have no liability and shall be held harmless by winners for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance or use of the Prize or participation in this Contest. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Contest should virus, bugs, human error, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Contest, or if for any reason the Contest is not capable of running as planned. Sponsor and its promotion and advertising agencies are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, contestants or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user's computer system or limit an contestant's ability to participate in the promotion. Sponsor may prohibit a contestant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said contestant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, or threaten any other contestants or Sponsor representatives.
CAUTION – ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Winner Information: To be notified of the winner’s name, or to request a written copy of the Official Rules, send a self-addressed, stamped envelope to: Ears Canada, Attn: Chris McLennan, 1338 Fourth Ave, Suite S211, St Catharines, ON, L2S 0G1
Privacy Policy: Ears Canada operates its website at www.earscanada.ca (“Site”). Ears Canada respects the privacy of each user of the Site (referred to as “you” or “a user”), whether he/she is just beginning his/her hearing aid journey or have already become a customer. This Privacy Statement gives users specific information about how Ears Canada protects his/her privacy, how Ears Canada treats information collected on the Site that identifies an individual user (“Personal Information”), and how Ears Canada uses aggregated information. For purposes of this Contest, contestant acknowledges that his/her personal data will be shared with Ears Canada and that Ears Canada may contact him/her via email or telephone in regard to this Contest.
Governing Law/Jurisdiction: The Contest and Official Rules are governed by and shall be construed in accordance with the substantive laws of Ontario and Canada applicable to contracts made and performed entirely in Ontario and where the relevant contacts are with such Province. Except where prohibited, as a condition of participating in this Contest, each contestant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the Prize awarded, or the determination of the Official Winner shall be resolved individually by binding arbitration in Ontario, in accordance with the Federal Arbitration Act and the rules of the American Arbitration Association, without resort to any form of class action. Class Action Waiver: By entering the Contest, contestants hereby waive their right to participate in or act as lead plaintiff in a class action. Contestants further agree that in any cause of action, Sponsor and the Released Parties entire liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorneys' fees and/or experts' fees and costs. Contestants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and contestants further waive all rights to have damages multiplied or increased.