FOG Project Draw Contest Guidelines
THESE RULES ARE THE STANDARDS TERMS AND CONDITIONS APPLICABLE TO THE FOG PREVENTION PROGRAM DRAW contest that may be entered by completing and submitting the FOG follow-up survey either via hardcopy or electronic form. THE CONTEST IS INTENDED TO BE CONDUCTED IN KELOWNA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICATION Canadian LAW. ENTRY IN THE DRAW CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE "CONTEST RULES").
1. ELIGIBILITY. To be eligible for the Contest, an individual must:
a) be a legal resident of the neighbourhood participating in the FOG Prevention Program in Kelowna, BC; and
b) be nineteen years of age or older at the time of entry
c) have completed the FOG follow-up survey in its entirety either in hard copy or via electronic format.
2. Not eligible:
Employees, contractors and Council members of the City of Kelowna and the household members of the above, are not eligible to participate in the Contest Draw.
1. THE CITY OF KELOWNA 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 City of Kelowna for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The City of Kelowna reserves 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.
2. CONTEST PERIODS. The draw opens on Wednesday, July 10, 2019 and ends on Monday, August 26, 2019 at 11:59 p.m.
3. HOW TO ENTER.
a) Complete the FOG follow-up survey online at kelowna.ca/FOGsurvey. No purchase is necessary.
b) Limit of one (1) entry per person. Completing the survey multiples times is not permitted.
c) All entries become the sole property of the City of Kelowna, and will not be returned for any reason. No communication or correspondence will be exchanged with entrants except with those selected as a potential prize winner.
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 purposes of these Contests, "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 City of Kelowna with proof that the selected entrant is the authorized account holder of the email address associated with the winning entry.
4. PRIZE
(a) There is one (1) Prize available to be won for the FOG Prevention Program Draw. The prize will consist of:
The prize is for a $50 gift card to the winner's favourite local grocery store.
The prize must be accepted as awarded, there are no substitutions.
The prize is non-transferable, has no cash value and cannot be redeemed for cash.
(b) Winner will be contacted by the City of Kelowna with instructions on how to claim the Prize.
(c) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. Any unused portion of a prize will be forfeited and have no cash value. The City of Kelowna reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.
(d) City of Kelowna shall not assume any liability for lost, damaged or misdirected prizes.
5. WINNER SELECTION.
(a) On or about 12:00 p.m. Pacific Time, on Tuesday, September 3, 2019, a random draw will be held by a representative of the City of Kelowna where one (1) entrant will be selected as a potential prize winner from all eligible entries received for the Contest.
(b) Before being declared a winner, the selected potential prize winner 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 and to sign and return a Release Waiver.
(c) If the selected entrant does not respond within ten (10) days of notification, they will be disqualified and another eligible entrant may be selected (at the City of Kelowna’s sole discretion) by random draw as a potential prize winner until such time as an entrant satisfies the terms set out herein and the prize is awarded.
6. RELEASE. Winners (and if applicable, any guest of the Winner) will be required to execute a legal agreement and release (“Release”) that confirms his or her: (i) eligibility and compliance with these Contest Rules; (ii) acceptance of the prize as offered; (iii) release of City of Kelowna their employees, Council, (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contests, 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 there from; and (iv) grant to the City of Kelowna the unrestricted right to publish, broadcast, or exhibit his or her name, photograph, likeness, comments and voice in any and all media in connection with publicity related to the Contest. The executed Release(s) must be returned within two (2) business days of the date indicated on the accompanying letter of notification or verification as a winner, or the selected individual(s) will be disqualified and any rights he or she may have to the prize will be forfeited.
7. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrants release and hold Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrants 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 any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrants agree to fully indemnify Releasees from any and all claims by third parties relating to the Contests, without limitation.
8 LIMITATION OF LIABILITY. The City of Kelowna assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, 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 City of Kelowna is 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 City of Kelowna assumes 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 City of Kelowna is 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 City of Kelowna is not responsible for any injury or damage to any entrant or to any computer related to or resulting from participating or downloading materials related to the 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 City of Kelowna assumes 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 City of Kelowna, 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 the Contest and/or the Contest Website.
9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules. Entrants further agree to be bound by the decisions of the City of Kelowna, which shall be final and binding in all respects. The City of Kelowna reserves 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 Contests the Contest Website, or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines; 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, www.kelowna.ca 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. Winner (and his or her Guest, if applicable) must at all times behave appropriately when taking part in the prize package and observe the Contest Rules and any other rules or regulations in force. The City of Kelowna reserves the right to remove from the location, any Winner and/or his or her Guest who breaks such rules and/or fails to behave appropriately and to disqualify such Winner and/or guest.
10. PRIVACY / USE OF PERSONAL INFORMATION.
(a) By participating in the Contest, entrant: (i) grants to the City of Kelowna the right to use his/her name, 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; (ii) grants to City of Kelowna 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]
(b) City of Kelowna 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 British Columbia Privacy laws.
11. 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 City of Kelowna 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.
12. TERMINATION. The City of Kelowna reserves 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.
13. 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 City of Kelowna. 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 City of Kelowna in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia 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.
14. 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, or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
