CLEAN AIR UP THERE CONTEST
THE CLEAN AIR UP THERE CONTEST (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY (EXCLUDING QUEBEC) AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
ELIGIBILITY
To be eligible for this Contest, an individual must:
- (a) be a legal resident of Canada (excluding the province of Quebec); and
- (b) be of the age of majority in his/her province or territory of residence or older at the time of entry.
Employees of 3M Canada Company and Due North Communications Inc. (a contest organizer) (collectively, the “Sponsors”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
CONTEST PERIOD
The Contest begins at 10:00 a.m. Eastern Daylight Time on Sunday, September 27, 2009 and ends at 11:59 p.m. Eastern Standard Time (“EST”) on Thursday, December 31, 2009 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.
HOW TO ENTER
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(a) There is no purchase necessary to enter the Contest. Enter using the method of entry outlined below. No entries will be accepted by any other means.
- (i) To enter online, complete and submit the entry form located at http://www.filtrete3d.com (the “Contest Website”).
- (b) Limit of one (1) entry per person and per e-mail address per day. In the case of multiple entries on a given day, only the first eligible entry will be considered. Entrants may receive one (1) bonus entry for referring the Contest Website to his/her friend(s) using the links and “Send this Site to a Friend” e-mail form provided on the Contest Website. Limit of one (1) bonus entry to be awarded per person and per e-mail address per day, regardless of how many friends you refer to the Contest Website that day. Sponsors will not retain, use or disclose your friends' names or e-mail addresses for any purpose other than sending this referral e-mail as you have requested, unless your friend provides his/her direct consent to the Sponsors.
- (c) All entries become the sole property of the Sponsors and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Grand Prize or Secondary Prize.
- (d) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
PRIZES
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(a) Grand Prize. There is one (1) grand prize (“Grand Prize”) available to be won by the Grand Prize winner (“Grand Prize Winner”) consisting of a Canadian Mountain Holidays Family Heli-Hiking Adventure starting in Banff, Alberta for the Grand Prize Winner and up to three (3) family members and/or guests (each a “Guest”) (each Guest must be at least five (5) years of age at the time of the Prize) to take place from July 21-July 27, 2010 and which shall include:
- (i) round-trip economy airfare for the Grand Prize Winner and his/her Guests, leaving together from the same gateway from the major Canadian airport closest to the Grand Prize Winner’s home to Calgary, Alberta (transportation for Grand Prize Winner and Guests to and from the originating airport are not included and are the sole responsibility of the Grand Prize Winner and his/her Guests);
- (ii) ground transportation for the Grand Prize Winner and his/her Guests between the airport and hotel in Banff, Alberta;
- (iii) one (1) night hotel accommodation as required in Banff, Alberta before the Heli-Hiking Adventure (described below) to be selected by Sponsors in their sole discretion for the Grand Prize Winner and his/her Guests; and
- (iv) a Heli-Hiking adventure which includes three (3) nights accommodation at the Bobbie Burns Lodge and three (3) nights accommodation at the Bugaboos Lodge; several hiking trips; hiking gear and meals (the “Heli-Hiking Adventure”);
Note: Grand Prize details are subject to availability and may be changed or substituted by the Sponsors in their sole discretion.
- (b) The Grand Prize has an approximate value of twenty-five thousand dollars (CDN $25,000.00). Actual value of Grand Prize will depend on departure city.
- (c) Secondary Prizes. There are five (5) secondary prizes (each, a “Secondary Prize”) available to be won by the Secondary Prize winners (the “Secondary Prize Winners”), each of which consists of four (4) FILTRETE™ 3M Furnace Filters.
- (d) Each Secondary Prize has an approximate retail value of one hundred dollars (CDN $100.00).
- (e) Unless stated otherwise, Grand Prize and Secondary Prizes are hereafter collectively referred to as “Prize” or “Prizes”. Grand Prize Winners and Secondary Prize Winners are hereafter collectively referred to as a “Winner” or “Winners”.
- (f) Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.
- (g) Secondary Prizes will be distributed within approximately ten (10) business days after each Secondary Prize Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. Grand Prize will be distributed within a reasonable time after Grand Prize Winner has been successfully contacted and notified of his/her Grand Prize, fulfilled the requirements set out herein, and discussed arrangements for the Heli-Hiking Adventure with the Sponsors and the Sponsors’ third-party agents, as required.
- (h) Grand Prize Winner and his/her Guests must be available to travel and participate in the Heli-Hiking Adventure on or about July 20, 2010 through July 28, 2010 (or on alternative dates between July 6, 2010 and September 7, 2010 which shall be subject to availability and provided in the sole discretion of the Sponsors). Should Grand Prize Winner and/or Guests be unable to travel and/or participate on the dates and times designated by the Sponsors, the Prize will be forfeited and awarded to an alternate winner. Grand Prize Winner and Guest will be responsible for transportation to and from originating airport, travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, in-room charges and any other expense not explicitly included in the Grand Prize.
- (i) Guests (or the parent/legal guardian of minor Guests on behalf of such minor Guests) must comply with the Contest Rules and sign and return the Release (described below). Guests must be at least five (5) years of age as of the date of the Heli-Hiking Adventure to participate in the Prize. For the purposes of the Heli-Hiking Adventure, “children” are those who are aged 5-14 at the time of the Heli-Hiking Adventure, “youth” are those who are aged 15-17 and “adults” are those who are 18 years of age or older.
- (j) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
- (k) Shipped Prizes shall not be insured and the Sponsors shall not assume any liability for lost, damaged or misdirected Prizes.
WINNER SELECTION
One (1) Grand Prize Winner and five (5) Secondary Prize Winners shall be selected as follows:
Grand Prize Winner Selection
- (a) On or about Monday, January 11, 2010 in London, Ontario, one (1) entrant will be selected by a random draw from all eligible entries received during the Contest Period. Each entrant shall be eligible to win only one (1) Grand Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsors. Before being declared a Grand Prize Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below).
- (b) THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN WEDNESDAY, JANUARY 13, 2010 AT APPROXIMATELY 5:00 PM EST AND MUST RESPOND WITHIN FIVE (5) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within five (5) business days of such notification. The Sponsors will also send the selected entrant and Guests a Release (as described in Section 6 below) which must be signed and returned within three (3) business days. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive the Grand Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
- (c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Grand Prize claimants after the Contest’s closing date to award the sole Grand Prize.
Secondary Prize Winner Selection
- (a) On or about Monday, January 11, 2010 in London, Ontario, after the selection of the Grand Prize Winner, five (5) entrants will be selected by a random draw from all eligible entries received during the Contest Period. Each entrant shall be eligible to win only one (1) Secondary Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsors. Before being declared a Secondary Prize Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below).
- (b) THE SELECTED ENTRANT WILL BE NOTIFIED BY TELEPHONE OR E-MAIL NO LATER THAN WEDNESDAY, JANUARY 13, 2010 AT APPROXIMATELY 5:00 PM EST AND MUST RESPOND WITHIN FIVE (5) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by telephone to the contact number provided in the notification, and the selected entrant’s response must be received by the Sponsors within five (5) business days of such notification. The Sponsors will also send the selected entrant a Release (as described in Section 6 below) which must be signed and returned within three (3) business days. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Secondary Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
- (c) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Secondary Prize claimants after the Contest’s closing date to award the correct number of Secondary Prizes.
RELEASE
Winners and Guests (including the parent/legal guardian on behalf of any minor Guests) will be required to execute a legal agreement and release (“Release”) that confirms such Winner’s and Guest’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising agencies, media buying agencies and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s and Guests’ name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release(s) must be returned within three (3) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT
By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
LIMITATION OF LIABILITY
The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsors are not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest Website.
CONDUCT
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Sponsor property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Grand Prize Winner and Guests must at all times behave appropriately when taking part in the Prize and observe the Contest Rules and any other rules or regulations in force at the Prize locations. The Sponsors reserve the right to remove from the Prize locations, any Grand Prize Winner and/or Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Grand Prize Winner and/or Guest.
PRIVACY / USE OF PERSONAL INFORMATION
- (a) By participating in the Contest, entrant: (i) grants to the Sponsors the right to use his/her first and last name, date of birth, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners, and sending an e-mail addressed to entrant’s friend(s) from entrant, in the event that entrant chooses to refer the Contest Website as described above in Section 3(b); (ii) grants to the Sponsors the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii) above.
- (b) By opting-in online you consent to the Sponsors’ and any of their corporate affiliate’s (as applicable) use of your Personal Information to contact you to send you information, samples and offers about Filtrete™ products and/or to send you information, samples and offers about other 3M Canada Company products (depending on your opt-in selections).
- (c) The Sponsors will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the 3M Canada Company Privacy Policy at:
http://solutions.3mcanada.ca/wps/portal/3M/en_CA/WW2/Country/Corp/Privacy/
INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. Filtrete™ is a trade-mark of 3M. Used under license in Canada.
TERMINATION
Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
LAW
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The 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 the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.
LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.