HALLOWEEN GIVEAWAY INSTAGRAM CONTEST
NO PURCHASE, DONATION OR PAYMENT NECESSARY. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
PLEASE READ THESE RULES (AS DEFINED BELOW) CAREFULLY BEFORE ENTERING THE CONTEST.
THESE RULES INCLUDE A MANDATORY ARBITRATION PROVISION, WHICH MEANS THAT IN SOME JURISDICTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE RULES (AS DEFINED BELOW), THE CONTEST, AN ENTRY (AS DEFINED BELOW) OR OTHERWISE WITH SPONSOR (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT OR BEFORE A JURY. IF YOU WANT TO OPT-OUT OF MANDATORY ARBITRATION, THE “DISPUTES” PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE “DISPUTES” PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH IN SOME JURISDICTIONS MEANS THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
Eligibility: The Contest is open to legal residents of Canada, excluding Quebec, who have reached the legal age of majority in their province/territory of residence at the time of entry. Employees of Sponsor, its parent companies, subsidiaries, affiliates, advertising and promotional agencies and their immediate family members, those living in the same household (or those with whom they are otherwise domiciled) are prohibited from entering. Entrants are subject to all applicable federal, provincial and local laws and regulations. Void where prohibited by law.
Sponsor: This Contest is sponsored by Robert Bosch Inc. (“Sponsor”) and is in no way sponsored, endorsed or administered by, or associated with Instagram.
Agreement to Official Rules: By participating in this Contest, entrants agree to abide by these official rules (these “Rules”) as established by Sponsor. Sponsor reserves the right to qualify all entries and to reject any entries that do not meet the requirements for participation as established by Sponsor.
Entry Period: The Contest entry period begins on Thursday, October 24, 2019 at 12:00:01 AM EST and ends on Thursday, October 31, 2019 at 11:59:59 PM EST (the “Entry Period”). Entries received before or after the Entry Period are void. Sponsor’s computer is the official time-keeping device for the Contest.
How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To enter this contest, participants must tag two (2) other Instagram accounts, answer the proposed question in the post, and follow @BoschToolsCanada.
Entry Limit: There are unlimited entries per person. Entrants must use their regular Instagram account and not create an additional account specifically for the purpose of entering the Contest. In Sponsor’s sole discretion, it may disqualify Entries posted to Instagram accounts made solely for the purpose of entering the Contest. Incomplete Entries are invalid and not eligible to win. Use of computer programs and/or other automated devices to enter the Contest is prohibited. Normal internet access and device usage charges imposed by your ISP may apply.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Contest; or by any technical or human error that may occur in the processing of submissions or downloading that may limit, delay or prevent an entrant’s ability to participate in the Contest.
This is very important -- Entries must not depict acts, include speech or encourage behavior that is violent, dangerous, unsafe, illegal, defamatory, sexually explicit, pornographic, derogatory, obscene or objectionable as determined by Sponsor in its sole discretion.
Sponsor reserves the right to disqualify any non-conforming Entries in its sole discretion.
Confirmation of Rights: By posting or submitting your Entry, you represent and warrant that your Entry does not infringe any intellectual property rights of any third party, violate the right of publicity of any individual or otherwise violate the rights of any third party.
Use of Entries: All Entries shall remain the property of the entrants, although entrants agree that by entering this Contest, they grant to Sponsor an irrevocable non-exclusive, worldwide, perpetual right (sub licensable through multiple tiers) to reproduce, translate, adapt, moderate, edit, modify, cut, rearrange, add to, delete from, publish, copy, exhibit, transmit, perform, broadcast, create derivative works from or otherwise use the Entry by any means and in any media, whether now known or hereafter developed, for any and all purposes, without further review, notice, approval, consideration, or compensation. However, Sponsor has no obligation to use any Entries, whether from Winners or non-winning entrants. Entrants further agree that Sponsor may use their name, likeness, image, photograph, voice, opinions and/or hometown and province for promotional purposes in any media, worldwide, without further payment, notice or consideration. Entrants waive all claims of moral rights in any use of an Entry by the Sponsor pursuant to the rights granted in these Rules.
Selection and Notification of Winners: At the offices of the Sponsor, 6955 Creditview Rd, Mississauga, ON L5N 8E9, at approximately 10:00 am EST on Friday, November 1, 2019. Sponsor will declare potential winners (each, a “Potential Winner”) based on random draw of all eligible Entries. Potential Winner will be contacted via Instagram direct message, email, telephone and/or mail. If a Potential Winner fails to return within the stated timeframe (see below) or is found to be ineligible, that entrant will be disqualified and there will be another random draw for a Potential Winner. Attempts will be made to select up to five (5) alternate winners for each unfulfilled prize after which the prize will not be awarded.
Prize: There are three (3) Prize packs to be won. The Grand Prize winners will receive one (1) of the three (3) Prize packs.
Each of the Prize packs include the following:
- (1) GSB18V-755CB25 18V EC Brushless Connected-Ready Brute Tough 1/2 In. Hammer Drill/Driver Kit with (2) CORE18V Batteries;
- (1) NS5006 6 pc. Nail Strike Wood-Boring Bit Set
The approximate retail value of each of the Grand Prize is $ 450.00 CAD. Prizes are non-transferable and non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prizes are not redeemable for cash. Sponsor reserves the right to substitute a particular Prize for one of comparable or greater value. No individual may win more than one Prize. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BEYOND THE CUSTOMARY WARRANTY PROVIDED WHEN THE PRIZE IS SOLD AT RETAIL.
All Winners are responsible for any and all applicable taxes and fees associated with participation in this Contest and/or the acceptance of any prize. Prizes will be delivered by the Sponsor to the confirmed Winners at the address provided on each Winner’s Eligibility and Liability/Publicity Release.
Release and Publicity: You are participating in the Contest voluntarily. No royalties, guarantees or advances (monetary or other) will be awarded for using the images, likeness, voice or Entry of a Potential Winner, Winner or any entrant in this Contest. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Sponsor or its affiliates, or any of their officers, directors, employees, agents, partners and licensors (“Sponsor Parties”), even where such acts or omissions are negligent. You voluntarily release, waive, discharge and hold harmless the Sponsor Parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services, infringement of intellectual property rights, violation of any one’s right of publicity or other claims arising from or relating to your participation in the Contest and/or acceptance, possession and use of any prize.
YOU ACKNOWLEDGE AND AGREE THAT THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE SPONSOR PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR IN THE ANNOUNCEMENT OF ANY PRIZES. BY RECEIPT OF ANY PRIZE AND BY SIGNING AN ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, THE WINNER CONSENTS TO THE USE OF HIS OR HER NAME AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION OR NOTICE, EXCEPT WHERE PROHIBITED. NO ENTRIES WILL BE RETURNED.
Governing Law: These Rules shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
DISPUTES: TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES, CONTROVERSIES, AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE RULES (INCLUDING THE INTERPRETATION OR ENFORCEABILITY OF THIS ARBITRATION PROVISION), THE CONTEST, AN ENTRY, OR OTHERWISE WITH SPONSOR, SHALL BE FINAL AND BINDING ARBITRATION. BY AGREEING TO THIS PROVISION, YOU EXPRESSLY WAIVE ANY RIGHT TO HAVE A JUDGE OR JURY HEAR AND DECIDE YOUR CLAIM; instead, your claim will be heard and decided by a neutral arbitrator.
Notwithstanding the foregoing, either you or Sponsor may seek injunctive relief in a court of competent jurisdiction without being deemed to have waived its right to arbitration.
The arbitration of any dispute or claim shall be conducted in accordance with the Canadian Arbitration Rules administered by the International Centre for Dispute Resolution Canada (“ICDR Canada Rules”). You may learn more about ICDR Canada and the ICDR Canada Rules by visiting www.icdr.org or by calling 1-844-859-0845.
Any arbitration will take place in the capital of the province of your residence by a sole arbitrator. An arbitrator may not award relief in excess of or contrary to what these Rules provide or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief. In no event shall the arbitrator be authorized to award costs and damages otherwise prohibited herein. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. Sponsor will be responsible for paying the costs of the arbitration, including the arbitrator’s fees. Except as may be required by law, neither you nor Sponsor nor an arbitrator may disclose the existence, content, or results of any arbitration under these Rules without the prior written consent of you and Sponsor.
To the fullest extent permitted by applicable law, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. SPONSOR AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING. In the event that this provision is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE YOU SUBMIT YOUR ENTRY, YOU MAY OPT-OUT BY SENDING AN EMAIL TO AMY.COTE@CA.BOSCH.COM. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Rules. Opting out will not impact your ability to enter the Contest, or the applicability of the other provisions of these Rules.
Severability: If any provision of these Rules is held to be invalid or unenforceable under applicable law, including, but not limited to, the arbitration provision contained herein, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Rules.
Contest Results and Rules: To obtain the identity of the Winners and/or a copy of these Rules, send an email to firstname.lastname@example.org -or- send a self-addressed stamped envelope to Robert Bosch Canada, Attention: Amy Cote, 6955 Creditview Rd, Mississauga, ON L5N 8E9, Canada