1. The Contest is held by Kamik Genfoot Inc. (the “Contest Organizers”). The Contest runs on the Internet from August 15, 2016, 12:00 p.m. to December 15, 2016, 10:00 a.m. (the “Contest Period”). All time references given in these Rules are based on the time zone applicable in Montreal, Canada (EST). These Rules must therefore be construed in accordance with this time zone.
2. The Contest is open to residents of Canada, the United States of America, France, England, Norway and Germany (each a “participating country”) who have reached the age of majority in their country of residence. Employees, representatives and mandataries of the Contest Organizers, of any company, corporation, trust or other legal entity controlled by or affiliated to them, their advertising and promotional agencies, suppliers of prizes, material and services related to this Contest as well as members of their immediate family (brothers, sisters, children, father, mother), their legal or common-law spouse and any individuals with whom such employees, representatives and mandataries are domiciled, are not eligible.
HOW TO ENTER
No purchase necessary
3. To enter, proceed as follows:
During the Contest Period, visit Kamik.com and subscribe to the Welcome Offer that pops up on the website. “Cookies” used on these websites must be accepted to enter the Contest;
4. Entry limits. Entrants must respect the following limits otherwise they may be disqualified:
The use of only one e-mail address and only one participation per e-mail address.
By entering the contest, I grant the Contest Organizers and their representatives the authorization to communicate with me, for an unlimited period of time, for the purposes of this Contest.
5. In all, there is one (1) Monthly Prize per month, among participants of all participating regions (Canada, United States of America and Europe), for a total of four (4) Monthly Prizes, each consisting in Kamik Footwear products up to a maximum total approximate retail value of $125 [SC1] in Canadian currency (or its equivalent in the currency applicable in the country of residence of the winner as indicated when he registers to the newsletter to enter the Contest). Winners may choose among the following Kamik products, subject to the maximum prize amount: Rain boots, sandals or hikers.
6. Prize limit. There is a limit of one (1) Monthly Prize per person and per household. Each person can only win once.
7. At 11 a.m. on the dates that follow, a draw will take place at the offices of the agency (located in Montreal Canada) instructed by the Contest Organizers to administer the Contest. A profile will be selected at random from the newsletter registrations that were received during the month.
Period 1: August 15, 2016, 12 pm to September 15, 2016, 12 pm.
Period 2: September 15, 2016, 12 pm to October 17, 2016, 12 pm.
Period 3: October 17, 2016, 12 pm to November 15, 2016, 12 pm.
Period 4: November 15, 2016, 12 pm to December 15, 2016, 12 pm.
If at the time of a Monthly prize draw no entries have been registered, that Monthly prize will be cancelled.
Weekly draw dates are: September 15, October 17, November 15 and December 15, 2016.
AWARDING OF PRIZES
8. To be declared a winner, any selected entrant must:
8.1 Be reached by e-mail and reply within fifteen (15) days of the draw. The reply must be made in accordance with the instructions given in the e-mail. In the case of the return of an e-mail as being undeliverable, the Contest Organizers will disqualify the entrant’s entry and proceed to another draw;
8.2 Fill out and sign the Declaration and Release Form (the “Declaration Form”) that the Contest Organizers will provide him/her by e-mail to the effect that he/she has fulfilled all the requirements of these Contest Rules, and once completed, the eligible winner must scan the signed Declaration Form and return it by email to the Contest Organizers for them to receive it within fifteen (15) days of its receipt;
9. Failure to comply with one of the conditions mentioned in these Contest Rules or failure to accept the prize will cause the selected entrant to be disqualified. In such a case, the Contest Organizers may, at their sole discretion, cancel the prize or proceed to a new selection in compliance with these Contest Rules until an entrant is selected and declared a winner. In the event that no entrant has been declared a winner within sixty (60) days following the original draw, the Contest Organizers may cancel the prize.
10. Within six (6) to eight (8) weeks following the receipt of the duly completed and signed Declaration Form, the Contest Organizers will deliver to the winners their prize by registered mail.
11. Verification. Entry Forms and Declaration Forms are subject to verification by the Contest Organizers. Any Entry Form or Declaration Form which is, as the case may be, incomplete, fraudulent, registered or submitted late, bearing an invalid e-mail address or otherwise noncompliant with these Contest Rules shall be rejected and will not entitle to an entry or to a prize, as the case may be.
12. Disqualification. The Contest Organizers reserve the right to disqualify a person or to cancel the entries of a person who participates or tries to participate by using methods that do not comply with these Contest Rules or that are unfair to other entrants (e.g. entries exceeding the authorized limit, violation of a third party’s rights). If the Contest Organizers have grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the promotion, choice of prize winner(s) or any entry) the Contest Organizers reserve the right (in their sole discretion) to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity. Such a person may have to answer before the appropriate legal authorities.
13. Conduct of the Contest. Any attempt to deliberately damage the Contest web site(s) and/or any related web site or to sabotage the legitimate conduct of this Contest may constitute a violation of applicable laws. Same applies in case such attemps are successful. Should there be any such attempts (successful or unsuccessful), the Contest Organizers reserve the right to reject the entrant’s entries and obtain legal or equitable relief under applicable laws. Entrants agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
14. Acceptance of prize. Prizes must be accepted as described in these Contest Rules and may not, in any case, be in whole or in part transferred to another person, replaced by another prize or exchanged for cash, except as provided in the section below. If applicable, currency equivalence (as provided for in section 9 and 11 above) will depend on the country of residence of the eligible winner selected at random and will be established on the date of the draw.
15. Substitution of prize. In the event where it would be impossible, for the Contest Organizers to award a prize as described in these Contest Rules, they reserve the right to award a prize of the same kind and of equivalent value or, at their sole discretion, the cash value of a prize (or portion thereof) as indicated in the Contest Rules.
16. Liability limit: use of the prize. To the extent permitted by the mandatory provisions of the applicable law, by entering the Contest, any entrant not from Germany or England selected for a prize releases and holds harmless the Contest Organizers, any company, corporation, trust or other legal entity controlled by or affiliated to them, their advertising and promotional agencies, their employees, representatives and mandatories (the “Released Parties”) from and against any damage resulting from the participation in this contest with respect to the awarding, receipt, use and/or misuse of any prize, including without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
Liability limit in relation to entrants from Germany and England: The Released Parties shall be liable for damages caused to an entrant by culpable injury to life, body or health. For any other losses or damages of any kind that result from acceptance, possession or use of any prize or from entry or attempted entry into the contest, participants agree (by entering the contest) to release the released parties from any and all liability whatsoever unless the damage of the entrant is caused by gross negligence or wilful intent of a Released Party. The released parties are especially not liable for defect prizes and for follow-up damages resulting from the defect prizes, unless such defect or follow up damage is caused by gross negligence or wilful intent of a released party. In an event of slight negligence, the released parties shall be liable only for breaches of a material contractual obligation (“Cardinal Duty”). A “Cardinal Duty” is an obligation whose fulfilment makes the implementation of this contest possible in the first place and on the fulfilment of which the participant may therefore generally rely. Liability in case of breaches of Cardinal Duties shall be limited to typical, foreseeable damages.
17. Prize warranty. Any Entrant selected for a prize acknowledges the only warranty applicable to the prize is the standard manufacturer warranty, if applicable.
18. Website. The Contest Organizers do not warrant that access to or use of the Contest website(s) or any related website will be uninterrupted during the Contest Period or error-free.
19. Liability limit: conduct of the Contest. Except in the case of England and TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS OF THE APPLICABLE LAW, THE RELEASED PARTIES ASSUME NO LIABILITY FOR LOST OR MISDIRECTED ENTRIES, WHETHER DUE TO TECHNICAL OR COMPUTER MALFUNCTIONS OR OTHERWISE, FRAUD OR ERRORS. The Released Parties disclaim all liability for any of the following that may limit or prevent any entrant’s participation in the Contest: malfunctioning of any computer component, software or communications line; loss or lack of a communications network; or any transmission that is faulty, incomplete, incomprehensible or erased by any computer or network. The Released Parties also DISCLAIM all liability for any damages or loss that may be caused, directly or indirectly, in whole or in part, by the downloading of any web page or software or by the transmission of any information related to participation in the Contest. Liability limit in relation to entrants from Germany: The underlined section above does not apply. Instead the Released Parties shall be liable for damages caused to an entrant by culpable injury to life, body or health. However, for any other losses or damages of any kind that result (directly or indirectly, in whole or in part) FROM LOST OR MISDIRECTED ENTRIES, WHETHER DUE TO TECHNICAL OR COMPUTER MALFUNCTIONS OR OTHERWISE, FRAUD OR ERRORS, OR FROM THE DOWNLOADING OF ANY WEB PAGE OR SOFTWARE OR BY THE TRANSMISSION OF ANY INFORMATION RELATED TO PARTICIPATION IN THE CONTEST THE RELEASED PARTIES ASSUME NO LIABILITY, UNLESS SUCH LOST OR MISDIRECTED ENTRIES, FRAUD OR ERRORS, DOWNLOADS OR TRANSMISSIONs ARE CAUSED BY GROSS NEGLIGENCE OR WILFUL INTENT OF A RELEASED PARTY. The Released Parties also disclaim all liability for any of the following that may limit or prevent any entrant’s participation in the Contest: malfunctioning of any computer component, software or communications line; loss or lack of a communications network; or any transmission that is faulty, incomplete, incomprehensible or erased by any computer or network, unless any of this is caused by gross negligence or wilful intent of a released party.
Liability: England only
So far as is permitted by law, the Contest Organizers and their associated companies and agents exclude responsibility and all liabilities arising from:
a) any postponement or cancellation of the Contest, and
b) any changes to, supply of (including, without limitation, prizes which do not reach the intended recipient), or use of the prize, and
c) any act or default of any third party supplier,
which are beyond the Contest Organizers’ reasonable control.
The Contest Organizers do not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry. Entries must not be sent in through agents or third parties. Incomplete entries, and entries which do not satisfy the requirements of these Contest Rules, will be disqualified and will not be counted.
Nothing in these Contest Rules in any way limit the Contest Organizers’ (or any other person or organisation’s) liability for (i) fraud, or (ii) death or personal injury caused by negligence.
20. Contest modification. The Contest Organizers reserve the right, at their sole discretion, to cancel, terminate, modify or suspend this Contest in whole or in part, should human intervention or an event take place that could alter or affect the administration, security, impartiality or conduct of the Contest as provided in these Contest Rules, subject to approval by the Régie des alcools, des courses et des jeux du Québec, if required.
21. Termination of participation in the Contest. In the event that the computer system cannot register all Contest entries for whatever reason, or if participation in the Contest must be terminated in whole or in part before the closing date provided in these Contest Rules, Contest organizers will select the winners in a random draw among all eligible entries registered during the Contest period or as of the date of the event giving rise to the termination, as the case may be.
22. Prize limit. In no event shall the Contest Organizers be required to award more prizes than indicated in these Contest Rules or to award a prize otherwise than in compliance with these Contest Rules.
23. Communication with entrants. No communication or correspondence related to this Contest shall be exchanged with entrants except as provided for in these Contest Rules or at the Contest Organizers’ initiative. Details of prize winners’ names and country will be available for one month after the close of the Contest by writing to the Contest Organizers at firstname.lastname@example.org[SC2] and stating the name and closing date of the Contest.
25. Property. Entry Forms and Declaration Forms are the property of the Contest Organizers and shall not in any case be returned to entrants.
26. Entrant identification. For the purpose of these Contest Rules, the entrant is the person whose name appears on the Entry Form and it is to this person to whom the prize will be awarded if he/she is selected and declared a winner.
27. Contest Organizers’ decision. Any decision by the Contest Organizers or their representatives regarding this Contest is final and without appeal, subject to a ruling by the Régie des alcools, des courses et des jeux du Québec on any issue under its jurisdiction (for Quebec (Canada) residents only).
28. Litigation. For Quebec residents, any litigation respecting the conduct or organisation of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie for the purpose of helping the parties reach a settlement.
29. Unenforceability. If a section of the Contest Rules is declared or deemed illegal, unenforceable or invalid by a competent court, that section shall be considered invalid, but all unaffected sections will be applied within the limits of the law.
30. Language. In case of any discrepancy between the French, English and German versions of these Contest Rules, the English version shall prevail.
31. Jurisdiction and applicable law. To the extent permissible by law, each entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or in connection with this Contest shall be resolved individually, without resort to any form of class action, exclusively before a court located in Montreal, Quebec having competent jurisdiction, which court shall apply the laws of the Province of Quebec to adjudicate the dispute. The entrant and the Contest organizers hereby waive any and all right to trial by jury.
For entrants from Germany and England: The underlined sections of the above provision do not apply. The rights of German entrants according to Article 18 of EU Regulation 1215/2012 shall not be restricted in any way.
32. Taxes. All federal, state, provincial and/or local taxes are the sole responsibility of the winner.
33. Facebook. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the Contest must be directed to the Contest Organizers, not Facebook. Facebook is indemnified and held harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the promotion including without limitation the publicity or administration thereof.
England: dans la publicité:
(for use in all marketing materials referring or encouraging entry to the Contest )
“CA, US, FR, GB, NO, PL and DE only, 18+ (or age of majority in US). By entering, you grant permission for the Contest Organizer to use your entry. Closes 10.00am (EST) 15.5.16. Terms apply [URL].”
1940, 55E av
Lachine, QC CA H8T3H3
UNITED STATE OF AMERICA
673 Industrial Park Rd,
Littleton, NH 03561, USA