Rules and Regulations
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW
- CONTEST PERIOD: The National Contest- Car Giveaway (the “Contest”) begins on July 04, 2016 at 8:00 a.m. Eastern Standard Time (“EST”) and ends on July 04, 2018 at 8:00 a.m. EST (the “Contest Period”).
- Contest is open to all legal residents of Canada who: (i) have reached the age of majority in their province/territory of residence at the time of entry; and (ii) hold a valid driver’s licence. Notwithstanding the foregoing, officers, directors, employees, representatives and agents of FEL Canada. (the “Sponsors”), their parent companies, subsidiaries, affiliates, prize suppliers, dealers, advertising/promotion agencies and contest organizers (collectively, the “Contest Parties”) and the immediate family members (parent, spouse, child or sibling, and their respective spouses, regardless of where they reside) of such officers, directors, employees, representatives and agents, and those living in their same households, whether or not related, are not eligible to enter or win a prize.
- How to Enter: NO PURCHASE NECESSARY. The way to enter the contest for a chance to win the Prize. Only 1 entry per person/email address is allowed regardless of method of entry. By entering the contest, you accept and agree to be legally bound by the terms and conditions of these Rules. Methods of entry are listed below:
- Go to www.felcanada.com/car-contest (the “Website”), and follow the on-screen instructions to complete the official Contest entry form (the “Entry Form”), which requires you to: (a) enter your first name, last name, valid email address, and 10-digit telephone number; and (b) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Once you have fully completed the Entry Form, click the SUBMIT button to complete your entry (the “Entry”).
- To be eligible, your Entry must be received within the Contest Period in accordance with these Rules. All eligible Entries received during the Contest Period will be entered into the random prize draw (see Rule 5). No third party entry or entry through a contest service is permitted. III. There is a limit of one (1) Entry per person/email address permitted during the Contest Period, regardless of method of entry. For greater certainty, you can only use one (1) email address to enter the Contest. If it is discovered that any person has attempted to: (i) obtain more than one (1) Entry per person/email address during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest; then (in the sole and absolute discretion of the Sponsors) he/she may be disqualified from the Contest. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsors) the Entry Form is not fully completed with all required information and submitted and received during the Contest Period (as determined by the Sponsors in their sole and absolute discretion). Use (or attempted use) of multiple names, identities, email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsors. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).All Entries are subject to verification at any time for any reason. The Sponsors reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsors – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
- THE PRIZE AND APPROXIMATE RETAIL VALUE: There will be one (1) Prize available to be won, consisting of a new 2017 Tesla with an approximate retail value (ARV) of $50,000 CAD (the “Prize”). Prize includes freight and PDI, applicable taxes, and fees. Winner may choose colour, subject to availability and dealer order.
Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (no substitutions, transfers or assignments except as permitted in Sponsors’ sole and absolute discretion); (ii) Sponsors reserve the right to substitute the Prize or a component thereof for any reason with a prize or a prize component of equal or greater value; (iii) manufacturer’s standard warranty applies to the Prize; (iv) upon notification from the Sponsors, the declared Prize winner will be required to personally take delivery of the Prize from a Tesla dealership within Canada reasonably close to the Prize winner’s place of residence in Canada as designated by Sponsors in their sole discretion, and present adequate personal identification; (v) the Prize will not be released unless and until the declared Prize winner first shows proof of having a valid driver’s license in the province/territory in which he/she resides and proof of satisfactory insurance; (vi) declared Prize winner is solely responsible for all costs not expressly described herein including, without limitation, costs incurred in travelling to and from a Tesla dealership within Canada for the purpose of taking delivery of the Prize, and Prize winner’s costs associated with obtaining a valid driver’s license, license plates, registration, insurance and/or fuel/gas; and (vii) the Prize will only be awarded to the eligible entrant whose full name and valid e-mail address appears on the Contest entry form.
- RANDOM PRIZE DRAW AND WINNER SELECTION: On or before July 04, 2018 (the “Draw Date”) in Montreal, Quebec at approximately 12 noon EST one (1) eligible entrant will be selected by random draw from among all eligible Entries received during the Contest Period. The odds of winning depend on the number of eligible Entries received during the Contest Period.
The Sponsors or their designated representatives will make a minimum 3 attempts to contact the selected entrant by telephone or email (using the information provided on the Entry Form) within ten (10) business days of the Draw Date. If the selected entrant cannot be contacted within ten (10) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsors reserve the right, in their sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected entrant).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within ten (10) business days of notification the Sponsors’ declaration and complete release and waiver of claims form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) sign and return a Bill of Sale in connection with the Prize and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the Prize for any reason; then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected entrant).
Should the entries not reach 500,000 participants during the designated dates the drawing and car giveaway will be cancelled.
- GENERAL CONDITIONS: All Entries become the property of the Sponsors. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsors with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules.
The Releasees will not be liable for: (i) any failure of the Website or Application during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsors – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the selected Entry.
The Sponsors reserve the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsors that interferes with the proper conduct of this Contest. Any attempt to damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsors in their sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
By entering this Contest, each entrant expressly consents to the Sponsors, their agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry for the purpose of (i) administering the Contest and (ii) for the purpose of future marketing in accordance with each Sponsors’ privacy unless the entrant otherwise agrees.
The Sponsors reserve the right, in their sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes 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 Sponsors, in their 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 any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, Application, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by applicable law.