My Name Is…
These rules apply to Auburn Developments’ My Name Is… contest to determine a name for the Schneider property and a street within the development. Questions, clarification or comments about these rules can be directed to firstname.lastname@example.org
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE AUBURN DEVELOPMENTS “MY NAME IS…” CONTEST (the “Contest”). By participating in the Contest, each participant unconditionally accepts and agrees to comply with and abide by these official rules (the “Official Rules”) and the decisions of the Sponsor (as defined below), which shall be final and binding in all matters relating to the Contest.
The Contest is subject to all applicable federal, provincial and municipal rules and regulations.
- CONTEST DESCRIPTION:
The Contest is sponsored by Auburn Developments Inc. (the “Sponsor”) for the purpose of choosing a name for the proposed development to be located at the former Schneider factory at 321 Courtland Avenue, Kitchener Ontario (the “Development”) and the street which will run through the Development (the “Street”).
The Contest begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on April 25, 2019 and ends at 11:59:59 p.m. EST on June 6, 2019 (the “Contest Period”). Individuals who participate by submitting an entry (collectively “Entrants” and each an “Entrant”), agree to the Official Rules and the decisions of the Sponsor, which shall be final in all matters relating to the Contest.
The Contest is open to legal residents of the Region of Waterloo in the Province of Ontario, Canada, who are eighteen (18) years of age or older at the time of entry and who hold a valid government issued ID. Employees of the Sponsor and each of the Sponsor’s respective parent companies, subsidiaries, affiliates or related companies; members of any such employee’s immediate family (regardless of where such family members live); and persons with whom such employees reside (whether related or not) are ineligible to enter or win. “Immediate family” is defined as (a) spouses or domestic partners and (b) natural, step, foster, in-law or adoptive parents, siblings and children and their respective spouses and domestic partners.
Entrants must have a valid email address to participate. Illegible or incomplete entries will be disqualified. With respect to any potential winning entry, the potential winner may be required to provide proof of residency and that he or she is the authorized holder of the email address associated with the entry. “Authorized holder of the email address” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- HOW TO ENTER:
To enter Entrants must visit www.mynameiscontest.ca (the “Contest Website”), fill in all required fields of the entry form and agree in full to the Official Rules. On the entry form you will be asked, among other things, to enter your full legal name, address, telephone number and a valid email address. Entries are limited to three (3) per person. All entries become the property of Auburn Developments Inc. All Entrants agree to the Terms of Service on the Contest Website.
Entries must be received through the method described above by the applicable deadline and in strict accordance with the instructions and restrictions indicated on the Contest Website and in these Official Rules. Entries may not be made jointly or by any group and may only be made by an individual. Entries submitted on your behalf by any other individual, by you on behalf of another, or by any entity, and entries originating at any online service other than the Contest Website including, without limitation, any commercial promotion subscription, notification and/or entering service, will be declared invalid and disqualified for the Contest. In the event a dispute regarding the identity of the individual who actually participated in the Contest cannot be resolved to the Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.
The Sponsor and the Sponsor’s respective parent companies, subsidiaries, affiliates, related companies and each of their employees, agents, representatives, successors and assigns (collectively the “Released Parties”) shall not be responsible for incorrect or inaccurate entry information whether caused by Entrant, internet 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 processing of the entries in the Contest. The Released Parties assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to or alteration of entries.
As a condition of entering the Contest, each Entrant gives their consent for the Sponsor or their representatives to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the Contest and complying with applicable laws, regulations and rules.
Those who do not follow all of the instructions, provide the required information in their entry or abide by these Official Rules will be disqualified.
There are three (3) prizes (the “Prizes”) available to be won as follows:
- (i) one (1) prize of $10,000 CDN for the winning name of the Development;
- (ii) one (1) prize of $2,500 CDN for the winning name of the Street.
- (iii) one (1) prize of $1,000 CDN for the Development name runner-up.
The same individual may win both Prize (i) and (ii). All Prizes must be accepted as awarded. The Prizes may not be sold, assigned or otherwise transferred. Any applicable taxes (including federal, provincial and local sales and income taxes) and all other costs and expenses associated with acceptance of the Prizes are solely the applicable winner’s responsibility. Odds of winning will depend on the total number of eligible entries received during the Contest Period.
Prize winners must attend in person to collect their Prize at the place and time in the Region of Waterloo specified by the Sponsor. All travel and transportation costs associated with collecting the Prizes will be the sole responsibility of each winner. Entrants waive the right to assert, as a cost of winning a prize, any and all costs of verification and any liability and publicity which might arise from claiming or seeking to claim said prize.
All prize details not specified in these Official Rules will be determined by the Sponsor in their sole discretion. Each winner may be issued applicable tax forms for the value of his or her prize. No more than the stated prizes will be awarded. The Sponsor will not replace any lost, mutilated or stolen prize component or any prize component that is undeliverable or does not reach winner because of an incorrect or changed address. If the Sponsor determines at any time in their sole discretion that a winner or potential winner is disqualified, ineligible or in violation of these Official Rules, the Sponsor reserves the right to disqualify that person and may select an alternate winner, even if the disqualified potential winner’s name may have been shown or announced. The Sponsor will not have any responsibility for any potential winner’s inability to accept a prize for any reason.
- WINNER SELECTION:
Following the Contest Period, there will be a review period, beginning June 7, 2019 and ending June 11, 2019, during which the Sponsor and/or their designated representatives (the “Panel”) will select the winner or winners.
Winners will be chosen by the Sponsor using criteria in their sole discretion. The decision of the Panel is final and not subject to review for any reason.
If it is determined that any potential winner or entry from among the winners is disqualified, the Panel will determine alternative potential winners from among all Entrants in its sole discretion.
One final criteria of the Winners, is that the Name must be ‘Marketable’ for the Sponsor, at its sole discretion.
- WINNER NOTIFICATION:
The winners will be notified by email (or by another method at the Sponsor’s discretion) using current contact information associated with the information the Entrant provided on the entry form. The Sponsor or their designated representatives will attempt to notify the winners within three (3) business days (business days meaning every day except for Saturdays, Sundays and statutory holidays) of the end of the Review Period. The Sponsor shall have no liability if a winner’s notification is lost, intercepted or not received by the winner for any reason. If the winner does not respond within five (5) business days of the first notification attempt, or if, despite reasonable efforts, the prize notification is returned as unclaimed or undeliverable to the potential winner, the potential winner will be disqualified, will forfeit his or her prize and the next alternative winner as defined in section 5 will be chosen. If a potential winner is found to be ineligible for any reason, he or she will be disqualified and will not be eligible to receive a prize, and the next alternative winner as defined in section 5 will be chosen.
Winners may not disclose, advertise or disseminate to the public via social media or otherwise the fact that they are a Contest winner or have been notified as a Contest winner.
Winners must complete and sign the Sponsor’s Declaration and Release Form and present any other documents required by the Sponsor (e.g., government ID, proof of residency) (collectively, the “Prize Claim Documents”) in the form provided and/or required by the Sponsor without revision in order to be declared a winner. Additionally, before any potential winner of a prize can be declared a winner, subject to the provisions of these Official Rules, he or she must first correctly answer the Sponsor’s mathematical skill-testing question without assistance of any kind, whether electronic, mechanical or other. This skill-testing question will be contained within the Prize Claim Documents. The executed Prize Claim Documents must be received by the Sponsor or their designated representative in accordance with the Sponsor’s instructions within five (5) business days of the Sponsor sending the Prize Claim Documents to the potential winner (or other time frame as stated in the Prize Claim Documents) along with any other documentation that the Sponsor may require, or the potential winner may be disqualified at the sole discretion of the Sponsor and if this were to occur, the next alternative potential winner, as defined in section 5, will be chosen. The Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Claim Documents are subject to verification by the Sponsor.
- INTELLECTUAL PROPERTY:
Entrants agree that all rights to the Entry, including copyright and moral rights, will be irrevocably assigned to Sponsor and the Released Parties, to be used by Sponsor for any purpose it deems appropriate, including marketing and promotional purposes. Winning Entrants will be required to sign an assignment and release of these rights prior to accepting their prize. The foregoing applies to the Entry and to the name or names submitted in the Entry and to web pages, domain names, source codes, e-commerce, trademarks, trade names, logos, drawings, illustrations, slogans and representations which use the names and that are in the possession or control of the Entrant. Entrant shall provide all further assurances as may be required by Sponsor from time to time to achieve the intent of this section.
Personal information collected from Entrants will be used by the Released Parties only to administer the Contest and distribute the Contest prizes.
Acceptance of a prize constitutes a winner’s permission for the Sponsor and their designates to use the winner’s name, photograph, likeness or voice for any purpose whatsoever, whether for internal or external communications in any marketing material whether in print, radio, television, interactive media, or any other media now known or hereafter developed throughout the world in all languages, in perpetuity without compensation or the opportunity to review or approve any such use.
No responsibility is assumed by the Released Parties for any inability of a potential Entrant to successfully enter the Contest for any reason.
By entering the Contest, Entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor with respect to all aspects of the Contest. Additionally, Entrants agree that the Released Parties (a) shall not be responsible or liable for, and are hereby released, held harmless and indemnified by Entrant from any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity (including, without limitation, travel), or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, condition, representation or guarantee, express or implied, in fact or in law, with respect to any prize. The Released Parties assume no responsibility for any damage to an Entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Contest Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, postage-due, lost, damaged or stolen entries, email, mail, prize notifications or other Contest-related correspondence; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or for unauthorized human and/or mechanical intervention in any part of the entry process or the Contest, or the failure to capture any information.
The Sponsor reserves the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Contest Website, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated, multiple Facebook account entries or other automated multiple entries will be accepted, and no Released Party will have any responsibility or liability for any such illegitimate entries or any entries submitted in excess of the limit stated in these Official Rules. The Sponsor reserves the right to modify, extend, suspend or terminate the Contest if they determine or suspect, in their sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest. In the event that the Sponsor is prevented from awarding any prize or continuing with the Contest as contemplated herein by any event beyond their control, the Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated or suspended before the end of the Contest Period, notice thereof will be posted on the Contest Website and the Panel will (if possible), in their sole discretion, select winners from all eligible, non-suspect entries received before the date of the event giving rise to the termination.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
The Sponsor reserves the right to correct clerical or typographical errors in Contest materials or these Official Rules. The Sponsor’s failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, it will be resolved by the Sponsor in their sole discretion.
The Released Parties are not responsible for lost, incomplete, illegible, late, postage-due, misdirected, stolen, inaccurate or mutilated entries; or for errors or problems of any kind, whether typographical, printing, human or otherwise, relating to or in connection with the Contest, including without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the winners or prizes, or in these Official Rules, in any Contest-related advertisements or other materials; or for inaccurate entry information, whether caused by equipment, programming used in the Contest, human processing error or otherwise. The Sponsor reserves the right, in their sole discretion, to void any and all entries of an Entrant (and disqualify him or her) who the Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. The Released Parties are not responsible if an Entrant’s entry is erroneously deleted, lost or otherwise destroyed or corrupted by the Sponsor. No correspondence will be entered into except with the selected potential winners. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email or voicemail inbox to receive email or voicemail messages.
The Sponsor reserves the right, in their sole discretion and without prior notice, to amend these Official Rules, or terminate, suspend or modify the Contest, at any time. Notwithstanding any provision in these Official Rules, the Panel reserves the right to make the ultimate decision to name the Development and the Street to which this Contest relates.
- GOVERNING LAW/DISPUTES:
All disputes, issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants or the Sponsor in connection with the Contest, shall be governed by the laws of the Province of Ontario and federal laws of Canada applicable therein, and such Entrants shall irrevocably submit to the exclusive jurisdiction of the courts of the City of London in respect of any claim or matter arising under or in connection with the Contest or these Official Rules, 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.
Except where prohibited by law, as a condition of participating in the Contest, each Entrant agrees that any and all disputes that cannot be resolved between Entrant and any Released Party and any claims or causes of action arising out of or connected with the Contest, including any prize awarded or the determination of any winner, must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, and Entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS THE RELEASED PARTY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.