The Home Depot Canada First Day of Fall Instagram Contest (the “Contest”) OFFICIAL RULES AND REGULATIONS (the “Official Rules”)
Open to residents of Canada (excluding the Province of Québec and the Territories)
1. CONTEST PERIOD: The Contest begins at 12:00:00 AM Eastern Time (“ET”) on September 22, 2022 and ends at 11:59:59 PM ET on September 29, 2022 (the “Contest Period”).
- ELIGIBILITY: To enter and be eligible to win, a person must be a legal resident of Canada (excluding the Province of Québec and the Territories), who is of the age of majority or older in the Province in which he/she resides at time of entry. Employees, officers, directors, agents and representatives of Sponsor, its parents, affiliates and related companies, subsidiaries, advertising and promotion agencies, or any independent Contest judging organization (collectively “Contest Parties”), and members of the immediate family (defined as parents, siblings, spouses or children, regardless of where they reside), or persons living in the same household (whether or not related), of each of the above are not eligible to enter.
- HOW TO REGISTER AND ENTER THE CONTEST: NO PURCHASE NECESSARY. Internet access and valid Instagram and email account required. Online entry through Instagram (as defined below); no other means of submission will be accepted.
On September 22, 2022 (the “Contest Start Date”), the Sponsor will post a challenge (the “Challenge”) on Instagram via www.intagram.com/homedepotcanada (the “Instagram Contest Website” or “Contest Website”) (see Rule 4). During the Contest Period, visit the Instagram Contest Website and answer on the feed post: “What is your favourite Halloween tradition? ” (a “Comment”). Upon completion of these steps you will receive one (1) entry (an “Entry”) into the Contest subject to compliance with these Official Rules.
By submitting a Comment, you are deemed to enter the Contest and you confirm your acknowledgement, understanding and agreement to these Official Rules. Each Entry must be submitted by the entrant him or herself. By entering the Contest, you grant to the Sponsor, in its sole discretion, the unconditional right and license to post the Comment, in whole or in part, on the Instagram Stories Contest Website and/or any other social media channels during the Contest Period, and thereafter in the sponsor’s discretion. All Entries are subject to review and approval by the Sponsor and are subject to compliance with these Official Rules.
Limit of one (1) Entry per person during the Contest Period. Entries must be received on or before 11:59:59 PM ET on September 29, 2022 (the “Contest Closing Date”). Only one (1) Instagram account and one (1) email address per person may be used. Any person who is found to have entered in a fashion not sanctioned by these Official Rules and/or has submitted more than the number of Entries permitted by these Official Rules will be disqualified. Proof of submission (screenshots or captures, etc.) by entrant does not constitute proof of receipt by Sponsor. Automated Entries (including but not limited to Entries submitted using any robot, script, macro, or other automated service) are not permitted and will be void. Sponsor’s computer is the official time-keeping device for the Contest. By entering this Contest, entrants agree to comply with these Official Rules and the decisions of Sponsor and/or the independent Contest judging organization, which are final and binding in all matters related to this Contest.
- COMMENT REQUIREMENTS: Each submitted Comment must be submitted via the Instagram Contest Website by the entrant him or herself and must comply with the following requirements:
· The Comment must answer the question: What is your favourite Fall décor item?
· The Comment must not include images, names or other personal information of others without that person’s prior permission;
· The Comment must not depict any dangerous or unsafe activity;
· The Comment must not, in the sole and absolute discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;
· The Comment must be intended for family audience viewing and contain only content that, in the sole and absolute discretion of the Sponsor, is suitable for all persons, including persons under the age of 13;
· The Comment may be submitted into the Contest only once;
· The Comment must not have been used for another contest or promotion;
· The Comment must not contain any third party content (other than as owned by the entrant), including without limitation copyrighted works, third party trademarks, third party names, or commercial content, such as clothing items bearing business, designer or sports logos or designs or that otherwise include or infringe upon intellectual property rights, privacy or personality rights or other third party rights which the entrant does not control.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER COMMENT MAY BE POSTED AND/OR FEATURED ON THE CONTEST WEBSITE, AND/OR ANY OTHER SOCIAL MEDIA CHANNELS OR ON HOMEDEPOT.CA OR HOMEDEPOT.COM IN SPONSOR’S DISCRETION. By submitting an Entry, entrant: (i) represents and warrants that the Comment is original to him/her and that he/she owns all necessary right, title and interest in and to the Comment (including copyright) to enter the Comment in the Contest and that the use by Sponsor as contemplated herein of the Comment will not infringe upon the intellectual property rights of any third party or give rise to any claim of infringement; (ii) has the right, power and authority to, and does hereby, grant to Sponsor an irrevocable royalty-free, non-exclusive license to publish, display, reproduce, distribute, modify, edit or otherwise use the Comment, in whole or in part, in any manner or media whether now known or hereinafter devised, anywhere in the world, in perpetuity, for advertising or promoting the Contest or for any other reasons including, but not limited to, placement of the Comment (or any part thereof) on third party websites; (iii) waives any and all moral rights in and to the Comment in favour of Sponsor and its successors and assigns; and, (iv) agrees to release, indemnify and hold harmless the Contest Parties from and against all claims, including without limitation claims relating to privacy or publicity rights, or infringement of any intellectual property rights that may be made against the Contest Parties based upon or arising out of the Comment, as the case may be. Sponsor reserves the right to disqualify any entrant and/or remove any Comment in whole or in part for any reason in its sole and absolute discretion if it believes, without limitation, that the Comment: is not in the spirit of the Contest; is not compliant with these Contest Rules; will have a detrimental impact on the Sponsor, this Contest, or any of the Sponsor’s brands, products or services; displays a lack of good faith; contains third party personal information; is obscene, defamatory, offensive, illegal, sexually inappropriate, or otherwise unsuitable, including without limitation, depictions of violence, nudity or explicit activity, as determined by the Sponsor in its sole discretion, and such entries will not be considered. Sponsor shall not return Photo or Video to entrants and the Photo or Video becomes the property of Sponsor. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
- PRIZES: There are five (5) prizes (a “Prize”) available to be won, consisting of a $100 Home Depot Gift Card.
General Prize Conditions: Prizes will be awarded only to verified winners in Canada. Sponsor will not replace any lost or stolen Prizes. Any other costs or expenses incurred by a winner in claiming or using their Prize, not expressly stated herein as being included in the Prize, will be the responsibility of the selected winner. Please allow for thirty (30) days, from when the signed Declaration and Release Documents (as defined below) is received by Sponsor for the delivery of the Prize.
- SELECTING A WINNER: PRIZE DRAW: A random draw will be held on Thursday, September 29, 2022 (the “Draw Date”) at approximately 11:00 AM ET in Toronto, ON from among all eligible Entries received during the Contest Period. The odds of being selected as eligible to win the Prize depend on the combined total number of eligible Entries received during the Contest Period.
Within five (5) business days of the Draw Date, the Sponsor will attempt to contact the selected entrants by replying to his/her post associated with the potential winning Entry. The entrant associated with the selected Instagram profile will then be asked to message the Sponsor through Instagram private message within two (2) business days and to provide to the Sponsor a valid email address and daytime telephone number for the entrant.
To be declared a winner, the selected entrant must have correctly answered, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill-testing question, to be administered at a mutually convenient time by telephone and must sign and return the required Declaration and Release Documents (defined in Rule 7 below) within the timeframe provided by Sponsor.
- CLAIMING PRIZE: Before being declared a winner, the selected entrant will be required to complete, sign and return to Sponsor a declaration of eligibility and liability and publicity release (the “Declaration and Release Documents”), confirming compliance with the Official Rules and releasing the Contest Parties and Instagram from any liability in connection with the Contest or the acceptance, possession, use or misuse of the Prizes or the merchandise for which they are redeemed, by the deadline noted in the documentation. An eligible entrant may be disqualified and the Prize forfeited in the event that (a) within five (5) business days of the Draw Date, a selected entrant cannot be contacted and/or the selected entrant fails to respond to such contact from Sponsor within the indicated time frame; (b) any Prize or Prize notification is returned as undeliverable; or (c) a selected entrant fails to return the Declaration and Release Documents within the timeframe provided, or otherwise fails to comply with these Official Rules; or (d) he/she incorrectly answers the mathematical skill-testing question. In such an event, an alternate entrant may be selected from the remaining valid Entries (and subject to disqualification in the same manner) until such time as a Prize winner is confirmed or there are no more eligible Entries, whichever comes first, in Sponsor’s sole discretion. Prizes must be accepted as awarded and cannot be transferred, substituted or exchanged, whether in cash, trade-in, or otherwise, except at Sponsor’s sole discretion. Sponsor reserves the right, at its sole discretion and without liability, to substitute a prize of equivalent or greater monetary value, in cash or otherwise, if a Prize, or any part of the Prize, cannot be awarded as described for any reason including, but not limited to events outside of the control of Contest Parties and for which Contest Parties will not be held responsible. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery, receipt, possession, and/or subsequent use or misuse of the Prizes awarded or the merchandise for which they are redeemed. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
Sponsor shall arrange to have the Prizes delivered to confirmed winners. If a winner wishes the Prize to be delivered to a remote location, as determined in Sponsor’s sole discretion, winner shall be required to claim Prize at the Home Depot Canada store closest to the winner’s desired shipping address.
- RELEASES; LIMITATIONS OF LIABILITY:
By participating in this Contest, entrants agree to release and hold harmless Contest Parties and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees, from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, the awarding, acceptance, receipt, possession, use and/or misuse of any Prize awarded herein, or the goods for which the Prizes are redeemed, as applicable, or participation in this Contest and/or Prize-related activities. Upon delivery of a Prize to the winner, Sponsor will be deemed to have awarded the Prize to the winner with winner assuming full responsibility for the Prize. Sponsor makes no representations or warranties with respect to any Prize. All claims relating to a Prize (or the merchandise for which it is redeemed) must be directed exclusively to the supplier, manufacturer or originator of the Prize, as the case may be. Without limiting the generality of the foregoing, Contest Parties will not be liable for: (a) any incomplete or inaccurate information, whether caused by Contest entrants, the Contest Website users or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction, or unauthorized access to, or alteration of, Entries, the Contest Website; (c) any problems with, or technical malfunctions of, telephone networks or lines, computer online systems, servers or providers, computer equipment, software, viruses, Trojan horses or bugs; (d) any failure of any Entry to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; (e) damage to an entrant’s or other person’s system occasioned by participation or downloading of materials in this Contest; (f) any late, lost, misdirected, damaged, garbled, or incomplete Entries which will be deemed void; (g) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind; or (h) technical, pictorial, typographical or editorial errors or omissions contained herein.
By entering this Contest, entrants consent to the collection, use and disclosure of their personal information by Sponsor and its authorized agents and/or representatives for the purposes of administering the Contest and fulfilling the Prizes. Further, by accepting a Prize, the Contest winner consents to Sponsor’s use of their names, Instagram profile name, photographs and/or likenesses, addresses (city/province), voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without compensation. Personal information will not otherwise be collected, used or disclosed without consent. Home Depot of Canada Inc. wants to assure all entrants that it is dedicated to protecting their privacy. Personal information will be collected, used, and disclosed in accordance with Home Depot of Canada Inc. Privacy and Security Statement, which is available at homedepot.ca/content/customer-support/privacy-and-security. If there are any questions about the collection, use, disclosure or other use of personal information, contact Sponsor by: • calling Sponsor at 1-800-628-0525 • faxing Sponsor at 1-877-496-9470 • registering or changing your privacy preferences at homedepot.ca/privacypreferences • writing Sponsor at the address below (please include your email address and phone number with your correspondence along with the information needed to support your request):
Home Depot of Canada Inc.
Attention: Privacy Official
400-1 Concorde Gate
- MISCELLANEOUS CONDITIONS:
All Entries become the property of Sponsor and none will be returned or acknowledged. All Entries and Prize claims are subject to verification. Mass Entries, automated Entries, Entries submitted by third parties and any Entries or Prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. The use of an invalid Instagram account and/or email address will disqualify the Entry. In the event of a dispute as to the identity of the person who submitted any Entry, online Entries will be deemed to have been submitted by the authorized account holder of the Instagram account used at the time of entry. “Authorized account holder” is defined as the person who is assigned a Instagram account by Instagram. A selected entrant may be required to provide proof that he/she is the authorized account holder of the Instagram account associated with the selected Entry. If, for any reason, in Sponsor’s sole opinion, the Contest is not capable of running as planned, including, but not limited to, a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security or proper conduct of this Contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest, or these Official Rules, in whole or in part, at any time and without notice or obligation and may select entrants from among all eligible Entries received prior to the cancellation, who will be subject to disqualification in the same manner. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Persons found tampering with or abusing any aspect of this Contest, the entry process or the Contest Website, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified from this Contest, and may be disqualified from any future contest or promotion offered by Sponsor. ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her Prize, or the cash value thereof. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in the Official Rules, there will be a random draw amongst all eligible Prize claimants after the Contest Period to award the Prize. All federal, local and provincial/territorial laws and regulations apply. Void where prohibited. In the event of any inconsistency or discrepancy between the terms and conditions of these Official Rules or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.