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RULES & REGULATIONS

 

BACKYARD MAKEOVER CONTEST EMAIL SIGN UP CONTEST

(the “Challenge” / “Contest”)

The Challenge is in no way sponsored, endorsed, or administered by, or associated with Twitter, Instagram, Facebook, or Meta.  You understand that you are providing your information to the Sponsor (defined below) and not to Twitter, Instagram, Facebook, or Meta. By entering the Challenge, you release Twitter, Instagram, Facebook, and Meta of any and all liability arising therefrom.  Any questions, comments or complaints regarding the Challenge must be directed to the Sponsor and not Twitter, Instagram, Facebook, or Meta.

 

1. Eligibility

 

The Challenge is being held by Home Hardware Stores Limited (“HHSL” or the “Sponsor”).

 

The Contest is open to legal residents of Canada who are over the age of majority in their province/territory of residence on the date of entry. Employees, representatives, shareholders, and agents, and any such person living in the same household as such persons, whether related or not, of the Sponsor or its affiliates, subsidiaries, parent, related companies,  advertising or promotional agencies, or dealer stores including those operating under a Home Hardware, Home Hardware Building Centre, Home Building Centre, or Home Furniture banner (collectively, the “Challenge Parties”) are not eligible to participate in this Contest.

 

2. Agreement to be bound by rules

 

By participating in this Challenge, you are signifying your agreement to, and that you have read and agree to be legally bound by, these Rules and Regulations (the “Rules”).

3. Challenge Period

 

The Challenge will run from 12:01AM EDT 24/MAY/2024 until 11:59PM EST 31/July/2024 (the “Challenge Period”).

 

4. How to Participate

 

NO PURCHASE NECESSARY. To enter the Challenge:

  1. go to www.homehardwarepromotion.ca/backyardmakeover during the Challenge Period and follow the on-screen instructions to complete the survey (answer all questions and provide all requested information) (the “Submission”) using the submission form at that address; and

  2. during the Challenge Period and until at least the Announcement Date (as defined below), using the same biographical information and email used in your Submission, subscribe and continue to be a subscriber to the customer email list. Individuals can sign-up to become a subscriber to the customer email list by subscribing on their Submission form and following the on-screen instructions to complete the subscription form (answer all questions and provide all requested information).

 

Once you have provided all of the required information and completed all of the foregoing steps to enter (as determined by the Sponsor in its sole and absolute discretion), you (the “Entrant”) will be eligible to receive one (1) entry (an “Entry”) into the Challenge, subject to compliance with these Rules (as determined by the Sponsor at its sole discretion).

 

Limit of one (1) Entry per individual.

 

A SUBMISSION MAY BE REJECTED IF (IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR): (I) THE SUBMISSION IS NOT SUBMITTED AND RECEIVED IN ACCORDANCE WITH THESE RULES DURING THE CHALLENGE PERIOD; AND/OR THE SUBMISSION IS NOT OTHERWISE IN COMPLIANCE WITH THESE RULES (AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION).

 

BY SUBMITTING AN ENTRY, THE ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE CHALLENGE PARTIES WILL BEAR NO LEGAL LIABILITY, EXPRESS OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE CHALLENGE PARTIES AND THE CHALLENGE PARTIES SHALL BE HELD HARMLESS BY THE ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

 

5. License

 

By entering the Contest and submitting a Submission, each Entrant: (i) grants to the Sponsor in perpetuity a worldwide non-exclusive licence to reproduce and use his/her Submission, in whole or in part, for internal analyses, assessments and other business-related purposes; (ii) waives all moral rights in and to his/her Submission in favour of the Sponsor; and (iii) agrees to release and hold harmless the Released Parties (as defined below) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action. 

 

6. Verification

 

All Submissions and Entrants are subject to verification at any time and for any reason.  HHSL reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to HHSL – including, without limitation, government-issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Challenge; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Submission and/or other information submitted (or purportedly submitted) for the purposes of this Challenge; and/or (iii) for any other reason HHSL deems necessary, in its sole and absolute discretion, for the purposes of administering this Challenge in accordance with its interpretation of the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of HHSL within the timeline specified by HHSL may result in disqualification in the sole and absolute discretion of HHSL.  The sole determinant of the time for the purposes of this Challenge will be the official time-keeping device(s) used by HHSL.

 

7. Participation conditions

 

If it is discovered by HHSL (using any evidence or other information made available to or otherwise discovered by HHSL) that any person or Entrant has attempted to: (i) exceed any of the limits stated in these Rules; and/or (ii)  use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with HHSL’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Challenge; then they may be disqualified from the Challenge in the sole and absolute discretion of HHSL. A Submission may be rejected if (in the sole and absolute discretion of HHSL): (i) the Submission is not submitted and received in accordance with these Rules during the Challenge Period; and/or (ii) the Submission is not otherwise in compliance with these Rules (all as determined by HHSL in its sole and absolute discretion). The Released Parties (as defined below) are not responsible for (and have no liability in relation to) late, lost, misdirected, delayed, incomplete or incompatible Submissions and/or other Challenge-related information (all of which are/is void).

 

8. Odds of winning and eligible winner selection

 

There is a limit of one (1) Prize per eligible Entrant. One (1) eligible winner will be selected from all eligible Entries submitted and received in accordance with these Rules during the Challenge Period.

 

The eligible winner will be selected by random draw at 10:00 AM EST 10/August/2024 (the “Announcement Date”) in St. Jacobs, Ontario, Canada.

 

The odds of being selected as an eligible winner depend on the number of eligible Entries submitted and received in compliance with these Rules during the Challenge Period.

 

There is a total of one (1) Prize available to be won nationally.

 

 

9. Eligible winner notification and confirmation process

 

HHSL or its designated representative will make a minimum of three (3) attempts to contact each eligible winner within five (5) business days of the Announcement Date using the telephone number, email address or using the contact information that HHSL has from your online Submission. If an eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of the HHSL, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and HHSL reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner following the same winner selection procedure described above (with the necessary amendments) from among the remaining eligible Entries in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

 

NO ONE IS A WINNER UNLESS AND UNTIL HHSL OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH THESE RULES.  BEFORE BEING DECLARED AS A WINNER, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases HHSL and all of the other Released Parties from any and all liability in connection with this Challenge, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, voice, statements about the Challenge and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of HHSL in any manner or medium whatsoever, including print, broadcast or the internet, and (v) irrevocably sells, assigns, and transfer to HHSL all of their right, title, and interest in and to the Submission, together with the entire goodwill attaching thereto. If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Challenge documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by HHSL in its sole and absolute discretion); then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to a Prize) and HHSL reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible winner from among the remaining eligible Entries in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

10. Prize Description and Claiming a Prize

Each prize consists of:

  • One (1) $5,000 Home Hardware eGift Cards.

(Each individual Home Hardware eGift Card being a “Prize”)

There will be a total of one (1) Prizes available to be won nationally.

Without limiting the foregoing, the following conditions apply to each Prize:

  • The Prize will be made available at the Home Hardware Building Centre store closest (as defined in the Sponsor’s sole discretion) to the eligible winner’s postal code entered in the eligible winner’s Submission. The Sponsor or its designated representative will contact the eligible winner at the telephone number, email address, or using the contact information that HHSL has from your Submission to inform the eligible winner of the place, date, and time for claiming the Prize – the Prize must be claimed within 30 days of this date. The Prize will not be delivered to the winner unless the Sponsor in its sole discretion wishes to do so. If the Sponsor chooses to deliver the Prize to an eligible winner, the Sponsor may do so electronically or via mail/courier to the email address or postal address or using the contact information that HHSL has from your online submission form. Such delivery is typically completed within 60 days of the date on which the eligible winner is notified by HHSL.

  • The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at HHSL’s option. The Prize must be accepted in its awarded form. It is within HHSL’s purview, at its sole and absolute discretion, to replace the Prize or a component thereof with an alternate prize of equal or greater value, including but not limited to a cash award, in HHSL’s sole and absolute discretion.

  • Entrants are responsible for all costs not expressly described as being included as part of the Prize, such as any fee associated with the receipt and/or use of the Prize, assembly, transportation, accommodation, meals, beverages (alcoholic or not), gratuities and taxes.

  • The terms and conditions of any gift cards or vouchers apply to the Prize.

  • Any difference between the approximate retail value and the actual value of the Prize as taken will not be awarded.

  • if any part(s) of the Prize are not utilised by the winner, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place.

11. Use of Personal Information

By entering the Challenge and providing  their personal information as described in these Challenge Rules, Entrants expressly consent to the collection, use, storing, and disclosure by HHSL and its employees and/or authorized agents (on a need-to-know basis) of such personal information, for the purpose of administering the Challenge and to receive commercial electronic messages from the Sponsor, including—but not limited to—contacting the eligible winner with respect to the Challenge,  in accordance with HHSL’s Privacy Commitment available at www.homehardware.ca/en/privacy  / www.homehardware.ca/fr/privacy. This section does not limit any other consent(s) that an individual may provide HHSL or others in relation to the collection, use and/or disclosure of their personal information.

 

12. Publicity

By entering the Challenge, you agree that if determined to be a winner, HHSL  or its representatives and agents may use your name(s), city and province/territory of residence, voice(s), statements about the Challenge and/or photograph or other likeness information submitted as part of the Entry, in any advertising, promotion or publicity carried out now or in the future, in any media including internal HHSL communication channels, without compensation or notice, and you grant to HHSL  any and all rights to such use.  You agree to cooperate with HHSL in arranging photographs or other forms of publicity and to be available for photographs or other forms of publicity on reasonable notice.

 

13. General conditions, Limitation of Liability / Release

 

ANYONE DEEMED BY HHSL TO BE IN VIOLATION OF HHSL’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF HHSL AT ANY TIME.  Any decision made by HHSL or any appointed representative in respect of this Challenge shall be final with no right of appeal.

 

HHSL and the other Released Parties (as defined below) will not be liable for: (i) any failure of any website or any platform during the Challenge; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, and/or other information to be received, captured or recorded (or to otherwise work properly) for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the Challenge; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

 

Without limiting any of the above, by participating in the Challenge, the Entrant and their respective heirs, executors, administrators, successors and assigns, release and forever discharge and hold the Challenge Parties harmless, and its direct and indirect parent companies, affiliates, subsidiaries, successors, assigns, agents, advisors, shareholders, partners, representatives, their advertising, promotion and fulfillment agencies and each of their respective employees, officers, directors, agents and representatives (collectively, the “Released Parties”), from and against any and all losses, damages (including, without limitation, direct, indirect, incidental, consequential or punitive damages), rights, claims, actions, causes of action, personal injury, property damage or death, including without limitation all costs and liabilities of any kind including legal fees on a substantial indemnity scale, hereinafter called “Claims” and including without limitation any claims arising from any act of negligence of the Released Parties, that you now have, or may hereafter have against the Released Parties directly or indirectly resulting or arising from: (i) participation in the Challenge, your Submission and/or the awarding, assembly, acceptance, possession, use, or misuse or enjoyment of any Prize, and where applicable, traveling to, preparing for, or participating in, any Challenge-related or Prize-related event or activity; or (ii) the publicity rights granted to HHSL. You specifically acknowledge that you understand that there may be serious risks of bodily injury, death, or property damage associated with the acceptance, possession, use and/or misuse of the Prize and attendance at any event or participation in certain Prize-related activities, and you voluntarily assume these risks. You also agree to indemnify, defend, and hold harmless the Released Parties from any and all Claims in respect of the foregoing.

14. Compliance with Rules

By entering the Challenge, the Entrant agrees to be legally bound by the entire Challenge Rules and the terms and conditions under which the prizes are awarded. Any decision made by HHSL or any appointed representative in respect of this Challenge shall be final with no right of appeal.

15. Technical Issues

HHSL is not responsible for any computer, online, telephone, hardware, software or technical limitations or malfunctions that may occur (including but not limited to malfunctions that may affect the transmission or non-transmission of a Submission, or failure to receive a Submission), nor 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 Challenge or by any technical or human error which may occur in the processing of Submissions in the Challenge, nor for any error, omission, interruption, deletion, defect, delay in operation or transmission or receipt of Submission, communications line failure, theft or destruction or unauthorized access to, or alteration of Submissions; and, are not responsible for any problems, failures or technical malfunction of any telephone or network lines, computer online systems, servers, providers, computer equipment, User Account, software, email, 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; and are not responsible for any injury or damage to Entrants or to any computer related injury or damage resulting from participating in downloading materials in this Challenge. In the event that, due to a printing, manufacturing, mechanical or other error of any kind or nature whatsoever, more Prizes are claimed than are intended to be awarded according to these Challenge Rules, Prizes will stop being awarded when HHSL becomes aware of an error respecting the number of Prizes and HHSL reserves the right, in their sole and absolute discretion, to conduct a random draw from amongst all eligible and approved Prize claimants whose claims have not yet been redeemed to award the remaining number of advertised Prizes.  In no event will HHSL be liable for more than the stated number of Prizes contained in these Challenge Rules.

 

16. Rights to Terminate/Modify/Suspend Challenge

Sponsor retains the right, in its absolute discretion, to suspend, modify or terminate any aspect of the Challenge (including, but not limited to these Challenge Rules) at any time, in the event of any cause beyond the reasonable control of HHSL that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Sponsor may make substitutions of equivalent kind or value in the event of the unavailability of a prize (or component thereof) for any reason whatsoever. Sponsor may terminate or withdraw this Challenge at any time by posting a notice on its website at homehardware.ca. If the Challenge is terminated on any day prior to the normal Challenge end date, HHSL reserves the right to cancel the Challenge in its entirety without awarding a Prize.

 

HHSL reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  Without limiting the generality of the foregoing, HHSL reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

 

The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

 

In the event of a discrepancy or inconsistency between the terms and conditions of these Rules and the disclosures or other statements contained in any Challenge-related materials, including, but not limited to: the Submission, French version of these Rules, and/or any print or online advertising, the terms and conditions of the English Rules shall prevail, govern, and control to the fullest extent permitted by law.

17. General Disqualification

Any attempt made by any individual or entity to deliberately damage, manipulate or undermine the legitimate operation of the Challenge, including but not limited to any fraudulent claims, is a violation of the law. HHSL reserves the right to immediately disqualify and/or seek remedies and damages from any such individual or entity, which makes any such attempt.

18. Role of Parties

Home Hardware Stores Limited (HHSL) is the Sponsor of this Challenge.

                                                                                                      

19. Trademarks

All trademarks are the property of their respective owners.

20. Jurisdiction

The Challenge is governed by the laws of Canada applicable therein, and is subject to all applicable federal, provincial, and municipal laws and regulations and is void where prohibited by law. Participation constitutes your full and unconditional agreement to these Challenge Rules and the decisions of HHSL, which are final and binding in all matters related to the Challenge. By entering the Challenge, the Entrant agrees that the Canadian provincial courts, in which the Entrant resides in, shall have jurisdiction to entertain any action or other legal proceedings based on any provision of this Challenge’s Rules or the running of this Challenge.

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