“I Love TKD 2014!” Photo Contest by AKROSS Canada Official Rules
This contest uses the Facebook platform and Offerpop suite of applications and is not endorsed, sponsored, administered by, or associated with Facebook and Offerpop. By participating, you hereby release and hold harmless Facebook and Offerpop from any and all liability associated with the contest.
NO PURCHASE NECESSARY TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.
By submitting an entry to the “I Love TKD 2014!” Photo Contest, you are agreeing to be bound by the following legal terms.
1. The “I Love TKD 2014!” Photo Contest (the "Competition") will begin at 9:00:00 AM Eastern Standard Time ("EST") July 28, 2014 and end at 11:00:00 PM EST on August 31, 2014 ("Competition Period"). The Competition is sponsored by AKROSS Canada Corp. (“Sponsor”). Multiple entries are permitted. Participation is subject to all federal, and Province of Ontario laws and regulations. Void where prohibited or restricted by law.
2. ELIGIBILITY: The Competition is open only to residents, 18 or older, of Canada at the time of entry. In order to participate, you must have access to Facebook.com. Void where prohibited by law. Employees of Sponsor, Facebook, Offerpop, and the judges or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Competition and their immediate family (spouse, parents and step-parents, sibling and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to participate and receive prizes. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’ decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: To enter, you can submit an entry in the following ways:
• Go to www.facebook.com/AKROSSCanada and “Like”. Click on the “I Love TKD 2014!” Photo Contest app and upload a photo from your computer or phone.
• Go to www.facebook.com/AKROSSCanada and “Like”. Click on the “I Love TKD 2014!” Photo Contest app and choose a photo from your Facebook album.
• Post a photo with the hashtag #ilovetkd2014 on Twitter or Instagram. You will receive a message from @akrosscanada with a link to claim your photo. You must follow the link to claim your photo and complete the form on www.facebook.com/akrosscanada
• For your entry, you must enter your First Name, Last Name, Email Address, City, and a caption for your photo (collectively the photo and associated text are your "Entry"). Optionally you may enter the Name of your Taekwondo School.
Entries should relate to the sport of WTF Taekwondo. Entries can range from photos depicting practicing, watching, or any other type of participating in sport. Entrant should consider the quality of the photo, artistic composition, and should make sure that the entry appeals to a broad audience community. Entries may be displayed on official social media channels operated by AKROSS Canada. There is no limitation on the number of entries you can make. However, you may only have one (1) entry as a winner.
4. PUBLIC VOTING: The Public Voting Period will begin at 9:00:00 AM EST on September 1, 2014 and end at 11:00:00 PM EST on September 15, 2014. During the Voting Period, members of the general public who have an active Facebook account and have chosen to “Like” the AKROSS Canada Facebook Page (www.facebook.com/AKROSSCanada) will be permitted to vote on the entries via the Competition Webpage to select the Winners (the “Winning” entries). The user of each active Facebook account will be permitted to vote for an entry. As a Entrant, you are encouraged to tell others about your Entry and ask them to vote for their favorite entries, but any activity that AKROSS Canada deems fraudulent, unfair, or unethical (such as automated voting using bots, scripts, or other software tools, or one individual casting votes using multiple Facebook accounts) is not permitted and may result in an Entry being removed and/or the entrant disqualified. The person whose Entry earned the most votes during a Public Voting Period will win the Winning Prize identified below in section 6. In the event of a tie, winner will be selected by Sponsor.
5. WINNER SELECTION: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. The winners will be notified via email on or about September 16, 2014 using the contact information provided by the entrant. In the event of disqualification of any potential winner, the prize will be forfeited by that potential. Sponsor is not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.
6. THE PRIZES: Winners may have their photos displayed on official social media channels operated by the AKROSS Canada. On or around September 16, 2014, Sponsor will announce the Winners on the Competition Webpage, where the winning photographs and the names of the Winner will be displayed. Three prizes will be awarded. If a selected Winner is not eligible, in Sponsor’ sole judgment, the new Winner will be announced from the entries. At the discretion of and pursuant terms to be determined by Sponsor, the winning photographs will be featured as the Twitter background of www.twitter.com/AKROSSCanada and the Facebook cover art of www.facebook.com/AKROSSCanada.
The First Place prize is 2014 Team Canada Track Suit, available in Men, Ladies or Youth sizes, and a set of 5 Tenets of Taekwondo Posters with the total value of $250. In addition, if the winner entered his or her taekwondo school name, the school will receive a $150 School Gift Certificate to spend at akross.ca.
The Second Place prize is a set of 5 Tenets of Taekwondo Posters and a WTF Approved JCalicu uniform, Poomsae or Kyurogi, of Ribbed, Diamond or Pro-Athletes models, available in Men, Ladies, Youth or unisex sizes. The availability is subject to change. The total value is up to $200. In addition, if the winner entered his or her taekwondo school name, the school will receive a $75 School Gift Certificate to spend at akross.ca.
The Third Place prize is a set of 5 Tenets of Taekwondo Posters and a JCalicu WTF Approved protection equipment of the winner choice, the availability is subject to change. The total value of up to $150. In addition, if the winner entered his or her taekwondo school name, the school will receive a $50 School Gift Certificate to spend at akross.ca.
7. OWNERSHIP OF ENTRIES: Sponsor does not claim any ownership rights in your Entry. By using the “I Love TKD 2014!” form on Facebook to submit an Entry, you agree to be bound by these Official Rules and grant the Sponsor a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels in perpetuity. By submitting an Entry, you consent to the use, by Sponsor, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Competition and the Sponsor related marketing activities, in any media or format now known or hereafter invented, in any and all locations, for display in offline or online public viewing galleries including but not limited to the akross.ca websites and its social media channels, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked. By submitting an Entry, you agree that you have obtained any and all necessary written permissions from any living person depicted in your Entry for use, by Sponsor, their affiliates, subsidiaries, parents, and licensees, of your Entry in connection with the Competition and Sponsor’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval. If your Entry depicts a minor, his or her parent or guardian has agreed in writing to such uses. You acknowledge that the Competition is not sponsored by, endorsed by, administered by, or associated with Facebook, and that your Entry is being provided to Sponsor and not to Facebook. You agree that nothing in these Rules grants you a right or license to use the Sponsor’s name or any Sponsor trademark or service mark. 8. WARRANTIES: By submitting an Entry, you represent and warrant that your Entry:
1. is your own original work;
2. does not contain material or images that are, in Sponsor’s sole judgment, obscene, inappropriate for a general audience that may include minors, or defamatory;
3. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
4. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
5. does not feature the likeness of any living person without written permission from that person, or his or her parent or guardian if the person is a minor, for its use in connection with this Competition and all licensed uses under Section 7 above;
6. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
7. does not trigger any reporting or royalty obligation to any third party. You further represent and warrant that the rights that you are granting under these Official Rules do not conflict in any way with any other agreement to which you are a party, or with any commitments, restrictions, or obligations that you are under to any other person or entity.
9. OTHER THINGS TO KNOW Entry Conditions and Release By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, Facebook, Offerpop, and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Sponsor, and their respect parent, subsidiary, and affiliated companies, the prize suppliers, the judges and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to a Contestant’s participation in the Competition and/or Contestant’s acceptance, use or misuse of prize. Publicity Except where prohibited, participation in the Competition constitutes finalists’ and winner’s consent to Sponsor’ and their agents’ use of finalists and winners’ names, likeness, photograph, voice, opinions and/or hometown and state for promotional purpose in any media, worldwide, without further payment or consideration. General Conditions Sponsor reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’ reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsor in their sole discretion. Sponsor reserve the right in their sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor are not responsible for, nor are they required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Contestant’s e-mail account and name, as well as those lost for technical reasons or otherwise. Limitations of Liability The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition, (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition or receipt or use of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another provide another Submission. No more than the stated number of prizes will be awarded. Disputes Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the Ontario Court of Justice; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (4) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law of conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Province of Ontario. Privacy Sponsor collect personal information from you when you enter the Competition.
For Competition results go to www.facebook.com/AKROSSCanada on or about September 16, 2014.
Sponsor: AKROSS Canada Corp. at 131 Citation Drive, Unit 21, Concord ON L4K 2R3