OFFICIAL CONTEST RULES
THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA
AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to
participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan
information and rates before mobile device participation.
1.
KEY DATES:
The WIN A 2019 ACURA TLX FOR A YEAR contest (the
“Contest”)
begins on June 1, 2018 at 12:00:00 a.m. Eastern Time (“ET”) and ends on September 30,
2018 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 Acura
Canada, a division of Honda Canada Inc. (the “Sponsor”), Honda
Canada Inc. and Honda Canada Finance Inc.
o/a Acura Financial Services, 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
with the Sponsor, the “Contest Parties”).
IMPORTANT NOTE: The Prize (as
defined below in Rule 9) requires the confirmed winner to: (i) have or obtain a
valid unencumbered driver’s license in good standing (equivalent to a full “G”
class license in Ontario) in the province/territory in which he/she resides;
and (ii) be insurable. For the avoidance of any doubt, if the confirmed winner
does not meet these specific requirements, then the Sponsor, in its sole and
absolute discretion, may permit the confirmed winner to assign the Prize to another
individual who: (i) has reached the legal age of majority in his/her
province/territory of residence; and (ii) meets the requirements noted above. If the Prize cannot be assigned as
contemplated herein in a manner that is completely satisfactory to the Sponsor,
then the confirmed winner will forfeit the Prize in its entirety.
3.
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”).
4.
PRIVACY
I understand that Sponsor, Honda Canada Inc.,
Honda
Canada Finance Inc. o/a Acura Financial Services (AFS), and their respective 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.acura.ca/privacy); and (iv) other purposes permitted by law. I can contact
the Sponsor and AFS at 180 Honda Boulevard, Markham, Ontario, L6C 0H9 or by
telephone at 1-888-946-6329 (Sponsor) and 1-800-387-5399 (AFS) 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), Sponsor 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, AFS, 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 (as defined below) into the Contest, as follows:
OR
(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.
Except
as expressly noted below, there
is a limit of one (1) Entry per person (regardless of method of entry).
EARN ONE
(1) BONUS ENTRY: You will also be
eligible to receive a maximum of 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 CONDITIONS:
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); (ii) obtain more than one (1) additional Entry for opting-in
to receive promotional communications from Sponsor; and/or (iii) use multiple names, multiple identities, multiple e-mail addresses, accounts, 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 (and, if
disqualified, will have his/her Entry/Entries deemed null and void). 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 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 applicable entrant in the
sole and absolute discretion of the Sponsor (and, if disqualified, the entrant
will have his/her Entry/Entries deemed null and void). The sole determinant of
the time for the purposes of this Contest will be the official time-keeping
device(s) used by the Sponsor.
8.
RELEASE:
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.
9.
PRIZE:
There will be one (1) prize (the “Prize”) available to be won. The Prize consists of the use of a 2019 Acura TLX Tech A-Spec (the “Vehicle”) for twelve (12) consecutive months (the “Vehicle Use Period”) – and includes: (i) insurance
coverage during the Vehicle Use Period; (ii) complimentary maintenance for the
Vehicle during the Vehicle Use Period (based on the Vehicle’s regular
maintenance schedule); (iii) use of a set of winter tires for the Vehicle
during the Vehicle Use Period; (iv) tire storage for the Vehicle during the
Vehicle Use Period; and (v) a maximum of two (2) tire change overs during the Vehicle Use
Period. For the avoidance of any doubt, the confirmed
winner does not get to keep the winter tires associated with the Prize.
The Vehicle Use Period must
commence by no later than 31
October 2018, subject to Vehicle availability.
The total approximate retail value
of the Prize is $17,223.10. Under no circumstances whatsoever will any
difference between the actual value
of the Prize and
approximate retail value
noted above
be awarded.
The Prize will be
publicly awarded at an authorized Acura Auto Dealership chosen by the confirmed
Prize winner (the “Dealership”). It is the sole and
absolute responsibility of the confirmed Prize winner to arrange for his/her 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.
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)
the costs of everything not expressly and specifically stated above as included
in the Prize are the sole and absolute responsibility of the confirmed winner;
(iv) 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; (v) 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/or (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; and (vi) all arrangements relating to the Prize must be made
through the Sponsor or its designated agents; (vii) 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.
Without limiting the generality of the foregoing, the
following general conditions apply to the Vehicle and the confirmed winner’s
use of the Vehicle during the Vehicle Use Period: (i) colour and other
specifics of the Vehicle will be at the sole and absolute discretion of the
Sponsor and subject to availability; (ii) confirmed winner will be required to
personally take delivery of the Vehicle from the Dealership, and will be required to present adequate personal
identification (in a form acceptable to the Sponsor – including, without
limitation, government issued photo identification); (iii) Vehicle will not be
released unless and until the confirmed winner first shows proof (in a form
acceptable to the Sponsor) of having a valid unencumbered driver’s
license (equivalent to a full “G” class license in Ontario) in the
province/territory in which he/she resides and proof (in a form acceptable to
the Sponsor) of being insurable; (iv) confirmed winner is solely responsible for all other
costs and expenses that are not included in the Prize description above,
including, but not limited to, costs and expenses associated with obtaining a
valid driver’s license, tolls and
toll roads, traffic or parking tickets, fuel and fluids; and (v) confirmed winner must sign the Sponsor’s
Vehicle Use Agreement (the “Agreement”) and must be insurable
and eligible under the terms and conditions of the Agreement, which will include authorization for Sponsor to obtain
a Driver’s Abstract or equivalent from province/territory of the confirmed
winner (at Sponsor’s cost).
Without limiting the effect of the Agreement, the
following conditions shall apply to the
confirmed winner’s use of the Vehicle during the Vehicle Use Period: (a) in the event the confirmed winner exceeds a twenty-four thousand (24,000) kilometre (km) limit during the Vehicle Use Period, he/she may be responsible for a 15 ¢/km ($0.15/km)
surcharge; (b) Vehicle must be returned to the Dealership on
the date and time specified by Sponsor; (c) confirmed winner shall be solely
responsible for any and all damages to the Vehicle that are not covered by the Sponsor’s insurance;
(d) only the confirmed winner will be authorized to drive the Vehicle (unless
additional drivers have been approved by the Sponsor, in writing, pursuant to
the terms of the Agreement); (e) smoking is NOT permitted in the Vehicle; (f)
the vehicle must be returned in the same condition as assumed, normal wear and
tear excepted; (g) the Vehicle cannot be driven outside the country of Canada; and (h) the Vehicle cannot be driven
or located outside the province/territory of
the confirmed winner’s residence for a
continuous period of more than three (3) weeks without first receiving the
prior written consent of Sponsor, which may be approved or denied in its sole
discretion.
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 October 4, 2018 (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 as outlined above, 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
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 three (3) 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/province/territory, 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:
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 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 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, subject
only to the approval of the Régie in Québec, 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.
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 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.
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 this Contest.
© 2018 Acura Canada, a division of Honda
Canada Inc. All Rights Reserved.