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”).
5. HOW TO ENTER:
No purchase necessary. You can earn one (1) Entry (as defined below) into the Contest, as follows:
(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.
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.
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.
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.
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).
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.