“You could WIN $5,000 CDN worth of FUSION™ STONE” Contest
OFFICIAL RULES AND REGULATIONS
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS AND IS GOVERNED BY CANADIAN LAW.
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING.
- AGREEMENT TO BE LEGALLY BOUND BY THE OFFICIAL RULES: By submitting an entry into this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules (the “Rules”).
- CONTEST PERIOD: “You could WIN $5,000 CDN worth of FUSION™ STONE” Contest (the “Contest”) begins on May 1, 2018 at 12:00:01 p.m. Eastern Standard Time (“EST”) and ends on October 31, 2018 at 11:59:59 a.m. EST (the “Contest Period”). For the purposes of these Rules, a day (each, a “Day”) commences at 12:00:00 a.m. EST and ends at 11:59:59 p.m. EST – except for the first Day (May 1, 2018) which commences at 12:00:01 p.m. EST and ends at 11:59:59 p.m. EST and the last Day (October 31, 2018) which commences at 12:00:00 a.m. EST and ends at 11:59:59 a.m. EST. For the avoidance of any doubt, there are a total of one hundred eight-four (184) Days in the Contest Period.
- HOW TO ENTER: NO PURCHASE NECESSARY. Visit www.winfusion.ca (the “Website”) and follow the on-screen instructions to fully complete the online entry form with all required information – including your first and last name, province of residence, valid e-mail address; tick the box where indicated to signify your agreements that you have reach the age of majority in your province/territory of residence; tick the box where indicated to signify your agreement that you have read and agree to be legally bound by these Rules; Optional: check the box to indicate that you would like to receive future promotional communications from the Sponsor. (IMPORTANT NOTE: It is not necessary to opt-in to receive promotional communications from the Sponsor, and you can opt-out of receiving promotional communications from the Sponsor at any time without impacting your chances of winning in this Contest) and select “Submit”. By selecting “submit” you are eligible to earn one (1) Entry (each, an “Entry” and collectively, the “Entries”). Upon receipt of your Entry you will receive a “Thank you” message.
- ENTRY LIMIT: There is a limit of one (1) Entry per person, per Day. For greater certainty and the avoidance of any doubt, an entrant can only use one (1) e-mail address and all personal information provided must be truthful and accurate. 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, per Day; and/or (ii) use multiple names, identities, e-mail 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/or 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. An Entry must be submitted by the individual entrant and not by any other person on behalf of an entrant. 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. The Sponsor, Contest Parties, and each of their respective officers, directors, agents, representatives, 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 and/or other information (all of which is void).
- 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 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 of the entrant and any or all of his/her Entries in the sole and absolute discretion of the Sponsor. Proof of transmission (post-marks, screenshots or captures etc.) or attempted transmission of a submission or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Contest computers or 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.
- PRIZE AND APPROXIMATE RETAIL VALUE: There will be one (1) prize (the “Prize”) available to be won during the Contest Period and the Prize consists of $5,000.00 CDN worth of FUSION™ STONE. The confirmed winner will select a stone from either; (i) the “Great Lakes” collection; (ii) the “Dry Stack” collection; or (iii) “Peninsula Ledgestone” collection. Color options will be based on availability at the time of ordering. The winner can include with his/her order any accessories that are available within the FUSION™ STONE line of product. The approximate number of square feet that the Prize will cover is dependent on the type of stone and color selected and the type of DIY project that the stone is being used for. For example the height and width of the project along with the number of corner stones, stones and applicable accessories required to complete the project such as clips and screws. The approximate retail value of the Prize is $5,000.00 CDN and does not include any cost associated with installation of the project. For clarity the Prize does not include installation costs associated with installing the FUSION™ STONE and all associated cost with installing the FUSION™ STONE is at the winners expense and responsibility. The winner must place his/her order with the Sponsor by May 31, 2019 and accept delivery by June 30, 2019. The Sponsor will deliver the product to the winner’s Canadian primary residence (bottom of driveway) and the method of delivery is at the Sponsor’s sole and absolute discretion. If the winner’s DIY project requires more than $5,000.00 CDN worth of FUSION™ STONE at the time of ordering the consumer can increase his/her order however the winner will be required to provide the Sponsor with a valid credit card to cover the associated cost over $5,000.00 CDN prior to the order being shipped. If for any reason the winner did not order sufficient product and/or accessories for the DIY project the first time any additional orders will be at the winners sole and absolute expense including any shipping charges required to deliver the product (bottom of driveway) and accessories to his/her Canadian primary residence. If the winner’s DIY project requires less than $5,000.00 CDN worth of FUSION™ STONE product and accessories the difference between the cost of the order and the prize value of $5,000.00 CDN will not be issued to the winner in cash or in any other form such as a credit. The remaining balance will be forfeited without any liability to the Sponsor. If for any reason whatsoever the winner does not place his/her order with the Sponsor by May 31, 2019 the Prize will be forfeited without liability to the Sponsor.
Without limiting the generality of the foregoing, the Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with an item or items of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award if the Prize is not available for any reason whatsoever. The Prize will only be awarded to the person whose verifiable full name and valid e-mail address appears on the Entry Form associated with the Entry in question. 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. The Prize winner is solely responsible for all costs not expressly described herein.
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 or any portion thereof fails 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.
- WINNER SELECTION PROCESS AND ODDS OF WINNING: A random draw will be held in Oakville, ON at approximately 3:00 p.m. EST on November 20, 2018 (the “Draw Date”). One eligible entrant will be randomly selected from among all eligible Entries that were submitted and received in accordance with these Rules. The odds of winning the Prize depend on the total number of eligible Entries submitted and received in accordance with these Rules.
- ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCEDURES: The Sponsor or its designated representative will attempt to contact the eligible winner by e-mail (using the information provided on the Entry Form) within five (5) business days of the Draw Date. The Released Parties will not be responsible for failed attempts to contact an eligible winner. If any 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 which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 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, 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); 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 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 Prize or any portion thereof; (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 (including, but not limited to, any social media platforms). 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 from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
- 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. 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 the Website and/or any platform(s); (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 (v) 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 e-mail address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an e-mail address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail 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.
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 damage any website or 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, 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.
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 deemed necessary by the 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.
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 Entry Form, Website, 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 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 this Contest.