Contest Rules, Legal Restrictions and Participation Form (the "Form")
Contest Eligibility. The Contest is open to all residents of Canada who have a valid email address.
This Contest is not open to employees, representatives, agents, directors, and officers, of JACK & JONES, a division of BESTSELLER Retail Canada Inc., JACK & JONES. (the “ Contest Sponsor”), and of its affiliated and associated companies, and advertising and promotional agencies working with the company nor to members of their respective immediate families living in the same household. This Contest is void where otherwise prohibited by law.
How to enter: No Purchase Necessary; No purchase whatsoever is required in order to be eligible to enter this Contest. Participants may enter the contest by the following method:
1) Subscribe to JACK & JONES CANADA’s newsletter by completing the online form found at www.jack-jones.ca or bestsellerclothing.ca and properly filling out all required fields.
Only one entry per email address is allowed for the duration of the contest and qualifies as one (1) entry into the Contest.
All entries must include the following personal information (“Personal Information”) respecting the participant: email address and complete name.
Contest Closing date : The Contest begins on Monday, August 12th, 2019 at 12:00 p.m. (Eastern time) and ends on Saturday, September 14, 2019 at 11:59 p.m. (Eastern time).
All online entries must be received by JACK & JONES by such times.
There will be thirty (30) Prizes awarded during the contest (the “Prizes”). During five (5) consecutive weeks, JACK&JONES will draw six (6) winners each week. Prizes will include gift cards from $50 to $500 and JACK&JONES clothes.
There will also be one (1) Grand Prize that will consist of the following for the Grand Prize winner: $2,500 cash.
Each participant who registers between week 1 and week 5 inclusively is automatically eligible to win one of the Prizes and/or the Grand Prize.
Grand Prize Winner Selection and acceptance of Prizes: This Contest is a game of mixed chance and skill. Each Prizes winners will be selected by a random draw performed electronically at 12:00 p.m. at 225 A de Liege, in Montréal, Québec, from among all eligible entries received online. The odds of winning are determined by the number of eligible entries received.
The winner of each prize will be drawn on the Monday of the following contest’s week :
Draw of winners from contest’s week 1 : August 19th, 2019 at 12pm HE
Draw of winners from contest’s week 2 : August 26th, 2019 at 12pm HE
Draw of winners from contest’s week 3 : September 2nd, 2019 at 12pm HE
Draw of winners from contest’s week 4 : September 9nd, 2019 at 12pm HE
Draw of winners from contest’s week 5 : September 16th, 2019 at 12pm HE
The participant selected as the Prize Winner will be notified via Email at the Email address provided by the participant at the time of entry (the "Email Notification") by the following Monday of each weekly contest. The Email Notification will include a mathematical skill-testing question that the Prize Winner will be required to answer accurately and unaided in his or her Email response to the Email notification (the "Response"). The Prize Winner must email JACK & JONES (firstname.lastname@example.org) within 2 days with an answer to the skill-testing question.
In order to win a Prize, JACK & JONES must have actually received the Prize Winner’s Response, which includes the correct answer to the mathematical skill-testing question, before midnight (Eastern time) on the 2nd calendar day following the day when the Email Notification is deemed to have been received by the Prize Winner. For the purposes of the Contest, the Email Notification shall be deemed to have been received by the Prize Winner when it is received by the Email or Internet service provider or system used and designated by the Prize Winner and is capable of being retrieved by the Prize Winner. The Prize Winner is responsible for maintaining his/her computers, systems, Email account and other necessary technology or services in good working condition and for being available, so as to be able to receive and retrieve the Email Notification and send the Response within the above delay.
If JACK & JONES is unable to send the Email Notification to the Prize Winner for more than 48 hours, despite having tried to do so at least three times, due to technical reasons not attributable to JACK & JONES (reasons not attributable to JACK & JONES would be, e.g., failure of JACK & JONES's computer systems, failure of JACK & JONES's Internet connection or account, etc.), the Prize will be awarded to another participant, who will be required to correctly answer a mathematical skill-testing question within a period of 2 days following an Email Notification before he or she can claim the Prize. In addition, failure of the Prize Winner to correctly answer the mathematical skill-testing question or to have the Response actually received by JACK & JONES by midnight on the 2nd calendar day following the day when the Email Notification is deemed received by the Prize Winner will result in the Prizes being forfeited and awarded to another entrant, who will be required to correctly answer a mathematical skill-testing question within a period of 7 days following an-Email Notification before he or she can claim the Prizes.
Once JACK & JONES has received the Prize Winner’s Response, which includes the correct answer to the mathematical skill-testing question, within the above 2 day delay, JACK & JONES will promptly organize the distribution of the Prize to the Prize Winner.
Upon acceptance of the Prizes, the Prize Winner will sign acknowledgements of their consents to the use of personal information, releases and disclaimers of liability as set out below.
In the event of any dispute regarding entries received from multiple participants having the same e-mail account, entries will be deemed to be made by the authorized account holder of the e-mail address submitted during entry. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider, on-line service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Persons claiming winning entries may be required to provide the Contest Sponsor with proof that the Prize Winner is the authorized account holder of the email address associated with the winning entry, or forfeit the prize.
Identity of Grand Prize Winner and Winner’s Guest and use of their personal information : The name, photo and city of residence of the Prize Winner and the Winner’s Guest may be posted on JACK & JONES's web site for a period of one month.
By accepting a Prize, the Prize Winner gives JACK & JONES the right to include their names and personal information on all of their mailing lists and to use their names in any promotions and/or publicity carried out by JACK & JONES and agree to grant to JACK & JONES a non-exclusive irrevocable license and right to incorporate, use and reproduce the Prize Winner’s photograph, voice, name information and likeness in whole or in part in and in connection with the advertising, exhibiting, marketing, promotion and exploitation of the business of JACK & JONES in any manner, in all media throughout the world.
Disclaimer and Limitation of Liability; The information, data and graphics included in the Form may include technical or typographical errors or inaccuracies. JACK & JONES does not warrant the reliability, suitability, availability, correctness and accuracy of such information, data and related graphics. All such information, data and related graphics are provided "as is" without any warranty of any kind.
JACK & JONES does not warrant that JACK & JONES's site or any technology or system whatsoever used in relation to the Contest will be free of defects, problems, viruses or errors, or that it will perform without interruption, appropriately or error-free. In particular, but without limitation, JACK & JONES assumes no responsibility in connection with the administration of this Contest, including, without limiting the generality of the foregoing, resulting from (a) any late, lost, garbled, misdirected, incomplete, or damaged entries; (b) any risk, danger, damage, trauma, error, problem or delay related to the electronic or Email transmission of the form, the Email Notification, the response or any other communication contemplated hereunder; (c) any disruptions, injuries, losses or damages for any computer, online, human or technical malfunctions; (d) any printing or typographical errors in any materials associated with the Contest; or (e) any delay, problem, bug, error, mistake or interruption of JACK & JONES's web site or any technology or system whatsoever used in relation to the Contest, or in the Contest's results, management, conduct or administration. Except as expressly stated herein, JACK & JONES hereby disclaims any and all warranties and conditions, express or implied, written, electronic or verbal, with regard to the results, outcome, management, conduct or administration of the Contest including, without limitation, all implied warranties and conditions of merchantability or fitness for a particular purpose.
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause beyond the control of JACK & JONES or any act corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, JACK & JONES reserves the right, in its absolute and sole discretion, to disqualify an individual and/or cancel, terminate, modify or suspend the Contest, subject to any regulatory requirements in this respect. Any attempt by anyone to damage or disrupt the Contest shall be considered a violation under criminal and civil law. JACK & JONES reserves the right to seek damages or other remedies against such person. All participants assume the liability for any injuries caused or claimed to be caused by participation in this Contest, or the use or misuse of the Prizes granted herein.
By entering the Contest, all participants acknowledge and agree to be bound by these rules. All participants acknowledge that the damage that they may sustain or suffer as a result of entering or trying to enter or in relation to the Contest could in no case exceed $1, and that JACK & JONES's maximum aggregate liability towards a participant in relation to or arising under the Contest (including without limitation, for breach of contract, strict liability, tort, including negligence or any other legal or equitable theory), shall be limited to a participant’s actual and direct damages and shall not, under any circumstances, exceed a participant’s best case scenario expectancy of gain under the Contest which, it is agreed, is at best $1 (or 1/3000 of the prize). Each participant acknowledges and agrees that in no event will JACK & JONES be liable for damages in respect of general, incidental, aggravated, punitive, treble, exemplary, indirect, special or consequential damages, including, but not limited to, damages for loss or unauthorized use of data or information, loss of chance, damages related, directly or indirectly, to the use of the JACK & JONES web site or the Contest, failure to realize expected savings, even if JACK & JONES has been advised of the possibility of such damages.
General Release; By participating in the Contest, all participants release and agree to hold harmless JACK & JONES, participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the " Released Parties") from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection, directly or indirectly, with the Contest, or loss of, failure to win, acceptance, possession, or use of the Prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, personal information or privacy related damages, defamation or portrayal in a false light, whether intentional or unintentional), under any legal or equitable theory whatsoever, whether in contract, tort (including negligence), extra-contractual liability, statute, case law, common or civil law, or other legal or equitable theory.
Internet/Technology Related Misconduct ; If, for any reason, JACK & JONES's web site or any associated program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of JACK & JONES, that corrupt or affect the administration, security, fairness, integrity, results, or proper conduct of this Contest, JACK & JONES reserves the right, at its sole discretion, to lock out anyone whose eligibility is in question, or to cancel, terminate, modify or suspend this Contest at any time subject to any requirements of the Régie des alcools, des courses et des jeux.
Rules; Contest participants agree to abide by the Rules of this Contest and by the decisions of JACK & JONES, which are final on all matters pertaining to this Contest.
Severability: In the event that any provision of this Form is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the Form shall remain valid and enforceable according to its terms. JACK & JONES and the participants intend that the provisions of the Form be enforced to the fullest extent permitted by applicable law. Accordingly, it is agreed that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable.
This Contest is subject to all Federal, Provincial and Municipal laws and regulations and is void where prohibited. For any person entered into the Contest who is a resident of Québec, any litigation respecting the conduct or organization of the Contest may be submitted to the Régie des alcools, des courses et des jeux, (the “Régie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. Upon entering this Contest, all participants release the Contest Sponsors and JACK & JONES and all their respective employees from any potential liability related to the prizes and the use of the prizes.
Enrollment to JACK & JONES Email Marketing Program:
Each participant may choose to opt-in on the contest submission form so that JACK & JONES, a division of BESTSELLER Retail Canada Inc. may keep and use the personal information provided by each participant as set out below in order to operate its websites, deliver product-and-services marketing-related emails and materials to the participant, and to allow the participant to be eligible for additional promotional contests. JACK & JONES may compile, store and use this personal information in its databases for its marketing mailing list. The participant may, at all times, access his or her personal information and require JACK & JONES to modify or destroy such personal information, in whole or in part. The participant has the right to unsubscribe from such marketing at any time.
General: Personal information.
• First name
• Last name
• Valid email address
• Phone number
In the event of any discrepancies between the English language rules and the French language rules for this Contest, the English rules shall prevail.
Facebook (and other social media platforms) : This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or any other social media platform. Facebook and all other social media platforms are completely released of any and all liability by each participant in this Contest. Any questions, comments or concerns about the Contest must be directed to the Contest Sponsor and not Facebook or any social media platform.