RULES AND REGULATIONS
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. MUST BE OF LEGAL DRINKING AGE TO PARTICIPATE. NO LIQUOR BOARD IS CONNECTED WITH THIS CONTEST IN ANY MANNER AND NONE WILL BE LIABLE IN ANY WAY IN REGARD TO ANY MATTER WHICH RELATES TO THIS CONTEST.
1. Introduction.
Participants will access the Kokanee contest page through the Colonies.com community Kokanee profile pages to submit their ski and/or snowboard action photos. To upload photos, participants will follow instructions on the contest page.
2. Eligibility.
Colonies.com Network Inc. (the “Organizer”), reserves the right to disqualify any Participant if the Organizer determines that Participant did not follow the Official Rules and contest page instructions, or if the Participant’s participation in the Contest or receipt of prize would violate applicable law. Participants may be required to submit proof of their eligibility. Void where prohibited by law. The following eligibility restrictions apply to this contest:
(a) Residency restrictions: This contest is restricted to Canadian residents, excluding residents of Quebec.
(b) Legal Drinking Age: All participants must be of legal drinking age their province of residence..
(c) Employees, contractors, agents, owners or representatives of participating licensed establishments, of Labatt Brewing Company (“Labatt”) and its affiliates, agencies, distribution companies, the prize suppliers are excluded;
(d) Employees of the relevant liquor control/licensing boards are excluded;
(e) Persons domiciled with persons listed in sections (c) and (d) are also excluded.
3. Entry.
The Contest starts Friday, April 20th, 2007 and ends on Friday, April 27th, 2007 (the “Contest Period”). Entries must be submitted during the Contest Submission Period to be considered. Participants may submit multiple entries. All registration information provided by entrant must be true and correct. Labatt or the Organizer is not responsible for late, incomplete, invalid, mutilated, illegible or misdirected entries. Labatt or the Organizer reserves the right in its sole discretion to disqualify any individual it finds tampering with the operation or entry process of the Contest, or acting in violation of these Official Rules or applicable law. Submissions delayed past the submission deadline of the Contest Period will not be accepted for review.
4. Requirements.
A. Photos must be the original creation of the Participant and submitted as a complete work.
B. Submissions must include a “title slate” that identifies the original creator, the title of the submission, and the age of the creator.
C. Entries may not contain profanity, nudity, pornographic images, violent images, alcohol, anti-competition messages or material considered illegal. Entries containing any such aspects and/or that are in violation of law or otherwise deemed by Labatt or the Organizer to be inappropriate will be disqualified.
D. Each entry must be submitted on an individual basis only (i.e., no joint or corporate entries) and all components of the entry must be the original creation of the Participant. Only non-commercial work may be submitted; professional work produced at a production studio is not permitted. The entry may not include confidential information, trade secrets, trademarks or copyrighted material belonging to any person or entity other than the Participant absent a suitable license or permission agreement (proof of which is required).
E. Participants are responsible for securing necessary permissions and licenses for material contained in submissions.
Any entry that does not comply with these restrictions or any other requirement herein or posted on the contest web page(s) is subject to disqualification.
4. Prizing
One Kokanee prize pack (Kokanee hoodie, toque, t-shirt & bag) valued at $100 will be awarded. Odds of winning will be based on the number of participants in the contest, the number of photos submitted and the overal ratings received.
5. Judging.
During the Contest period, Participants can view and rate their favourite photos using the Colonies.com 5-star rating system. The winner will be chosen by a Colonies judging panel out of a short listed pool of entries that were: Ranked the highest from the 5 star ranking system; Meet the minimum view requirements based on the submission period average; Entries from the submission period (note the delay in judging after the period to allow for last minute entries to be viewed and ranked). In the event of a tie, the Colonies judging panel will hold a tie-breaker vote. The judging schedule for the “Apres” contest will be as follows:
· Panel decision on “Apres” submissions made Friday, April 20th – Friday, April 27th will be made on Monday, May 7th to allow for an additional week of rating.
Only entries in compliance with the Requirements and applicable law will be awarded prizes. All decisions of the judging panel are final.
6. Winning and Notification.
Failure to comply with any term or condition in these Official Rules may result in disqualification. Potential winners may waive their right to receive a prize. Colonies will attempt to notify potential winners by reasonable means, using the contact information provided on the registration form. If for any reason a potential winner cannot be reached after reasonable attempt has been made, the prize will be awarded to an alternate winner. Winners are required by law to pay any applicable local, state and federal taxes, and any other charges including, but not limited to, duties, customs fees or other fees, on prizes.
Labatt has the right, in its sole discretion, to substitute prizes of an equal or greater value. Prize(s) may not be transferred, assigned, or redeemed for cash.
All promotion winners will be required to complete and sign a release, essentially a standard declaration of compliance, publicity release and waiver, provided by Labatt before prizing is awarded. By participating in this contest, winners consent to the use of their name, biographical information, and/or likeness for the purposes of advertising and promotion without further compensation. By participating in this contest, all participants declare that they have read, understood and complied with the contest rules and agree to release and hold harmless Labatt, the Organizer, their affiliates, directors, officers, employees and agencies from any liability in connection with participating in this contest and/or any prize awarded. All documents must be returned by prepaid overnight courier within fourteen (14) days of issuance of notification (winners must pay overnight courier fees). Failure to return these documents within the time noted or return of prize notification as undeliverable will result in the winner being disqualified and an alternate winner being selected. Proof of sending will not be deemed to be proof of receipt by Labatt or the Organizer.
7. Ownership and License of Submissions.
All entries become the property of Labatt and the Organizer. Labatt and the Organizer assume that all materials contained in entries are original and are the works and property of the entrant, along with rights granted therein. By submitting your entry you grant Labatt and the Organizer a license to use the entry materials in any manner, including, but not limited to, reviewing, using, manufacturing, selling, reproducing, sublicensing, distributing, publicizing, and displaying your entry and the materials and works contained therein. You warrant that you have all requisite right, title, and interest in such entry materials and works to grant the rights provided herein, including the right to submit the entry materials and works to Labatt and the Organizer. You represent and warrant that such entry materials and works and your submission of same to Labatt and the Organizer do not infringe any third-party right. You agree that you, at any time requested by Labatt and the Organizer, shall execute such documents and do such acts as may be reasonably required by Labatt and the Organizer to perfect Labatt’s and the Organizer’s rights and license in the entry materials and works. You acknowledge that Labatt and the Organizer shall have the right to use the entry materials and works in any manner, including, without limitation, to sell or distribute the entry materials and works without payment of any royalty or fee to any person or entity and without acknowledgment of you. You further license Labatt and the Organizer to modify the entry materials and works and create derivative works from the entry materials and works and acknowledge that the opportunity to participate in the promotion constitutes valid and sufficient consideration for such license. You shall indemnify and hold Labatt and the Organizer and its respective officers, directors, employees, agents, parents, subsidiaries, successors, and assigns, harmless from any liability or damages of any kind, including Labatt’s and the Organizer’s attorney's fees and costs, resulting from any defects in your right to license the entry materials to Labatt and the Organizer as set out herein, including any claim of infringement or other proprietary right of any person or entity.
8. General Terms and Conditions.
Participating in the Contest constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules. No purchase is necessary to enter or win, and no obligation of any kind is implied. Except where prohibited by law, participation in the Contest constitutes the winner’s consent to Labatt’s and the Organizer’s use of the winner’s name, city, state, province or county, and country, likeness, photograph, statements made by the winner about the Contest, Labatt, the Organizer, and/or prize information for promotional purposes in any media without further payment or consideration. LABATT’S ROLE IN CONNECTION WITH THE CONTEST IS THAT OF SPONSOR/PRIZE SUPPLIER AND LABATT IS NOT RESPONSIBLE FOR, AND THE UNDERSIGNED SHALL INDEMNIFY LABATT FOR, ANY VIEWER OR PARTICIPANT COMPLAINT (INCLUDING REGULATORY COMPLAINTS) OR OTHER MATTERS IN ANY WAY RELATING TO THE CONTEST OTHER THAN THOSE RELATING DIRECTLY TO LABATT’S ROLE AS SPONSOR/PRIZE SUPPLIER. BY ENTRY IN THE CONTEST, YOU AGREE TO RELEASE AND HOLD HARMLESS LABATT AND THE ORGANIZER, THEIR RELATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS THE INDIVIDUAL JUDGES, FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPANTS PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR RECEIPT, POSSESSION, USE OR MISUSE OF ANY PRIZE. LABATT AND THE ORGANIZER RESERVES THE RIGHT TO CANCEL OR MODIFY THIS CONTEST FOR ITS CONVENIENCE OR IF FRAUD, TECHNICAL FAILURES OR ANY OTHER FACTOR BEYOND LABATT’S AND THE ORGANIZER’S REASONABLE CONTROL IMPAIRS THE INTEGRITY OF THE CONTEST AS DETERMINED BY LABATT AND THE ORGANIZER IN THEIR SOLE DISCRETION. ANY DISPUTES ARISING FROM OR RELATING TO THE CONTEST OR THE SELECTION OF WINNING SUBMISSIONS WILL BE RESOLVED BY THE ORGANIZER IN ITS SOLE DISCRETION. Labatt and the Organizer are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from downloading any material from Labatt’s or the Organizer’s Web site, regardless of whether the material was prepared by Labatt’s and the Organizer or a third party, and regardless of whether the material is connected to Labatt’s Web site by a hypertext link. All federal, state, provincial and local laws and regulations apply.
9. Uses of Personal Information
The Organizer uses your Personal Information (i) to notify you about this Contest and (ii) to contact you to ask questions about your photo. The Organizer also will use your Personal Information when the Organizer notifies you about similar contests the Organizer holds in the future. Your Personal Information may be shared with our employees, independent contractors, agents or other related and unrelated Organizer entities and/or business partners acting on Organizer's behalf to notify you about this contest or to notify you about future contests. We do not share this information with non-Organizer companies except to the extent necessary to complete the uses described above and, when we do share it, it is subject to their agreement to treat it as confidential business information and with the understanding that it may not be used for any purpose other than to perform their function.
The Organizer may disclose the Personal Information in response to legal process, for example, in response to an order from court or governmental body. Labatt will not collect, use or disclose any personal information from consumers except for the purposes of this contest and hereby disclaims any responsibility for the collection, use or disclosure of personal information except for the puropse of this contest.
10. Miscellaneous.
Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners shall be resolved individually, without resort to any form of class action; (2) 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; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, Labatt and the Organizer in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, without giving effect to any choice of law or conflict of law rules of provisions (whether of the Province of British Columbia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of British Columbia, Canada.
11. Laws
These are the official Contest Rules. This Contest is subject to all federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Labatt and the Organizer.
12. Right to Modify/Terminate Contest
Labatt and/or the Organizer reserves the right to modify scheduling of the contest without prior notice. Labatt and/or the Organizer reserves the right to terminate or suspend the contest without notice, at any time and for any reason.
