1. ELIGIBILITY: Flow and Notable.ca’s giveaway (“Contest”) is open only to individuals who are: (a) legal residents of Canada, excluding Quebec; and (b) at least the legal age of majority in their province/territory of residence at the time of entry. Employees, representatives or agents (and those with whom such persons are living, whether related or not) of the Sponsor, its parent companies, subsidiaries, affiliated companies, distributors, wholesalers, retailers, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”) are not eligible to participate or win. The Contest is subject to all federal, provincial/territorial and local laws and regulations and is void outside of Canada and within Quebec and where prohibited or restricted by law.
2. SPONSOR: The Contest is sponsored by Notable 476 Richmond St West Unit 100 Toronto, Ont. M5V 1Y2 The prizing sponsor is Flow Water Inc., 5440 Canotek Road Unit #200 Ottawa, ON K1J 9G2
3. AGREEMENT TO BE LEGALLY BOUND BY THESE OFFICIAL RULES: Participation in this Contest constitutes your full and unconditional acceptance of and agreement to be legally bound by these Official Rules (the “Rules”) and the decisions of Sponsor, which are final and binding (without right of appeal) in all matters related to this Contest. Winning a Prize is contingent upon fulfilling all requirements set forth herein within the timeframes established by the Sponsor.
4. ENTRY PERIOD: The Contest begins at 12:00:01AM Eastern Standard Time (“EST”) on September 12, 2016 and ends at 11:59:59 PM EST on September 20, 2016 (the “Entry Period”).
5. HOW TO ENTER: To enter, you must: (i) visit Notable.ca (the “Website”) and find the Flow contest landing page (or be directed there from social media or email); and (ii) Fill in the fields at the bottom of the page with correct information. Fully complete the Entry Form with all required information and signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules. Once you have fully completed the fields with all required information and have agreed to the Rules, follow the on-screen instructions to submit your entry. (1) Entry (each, an “Entry” and collectively, the “Entries”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period. Limit of one (1) Entry per person throughout the Contest Period. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor the Entry is not submitted and received in accordance with these Rules.
6. RANDOM DRAWING: A random draw from all eligible Entries received in accordance with these Rules will be made at approximately 5:00 PM EST on September 19, 2016 (the “Draw Date”) in Toronto, ON. The applicable Prize will be forfeited by an eligible winner if that eligible winner cannot be contacted within forty-eight (48) hours of the initial attempted contact by the Sponsor or its representatives, or if there is a return of any notification as undeliverable. NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS THE WINNER OR AN ELIGIBLE WINNER.
7. NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
Odds of winning a Prize depend on the total number of eligible Entries received in accordance with these Rules.
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner of a Prize understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. There is a limit of one (1) Prize per person.
8. GENERAL CONDITIONS: By participating, entrants agree to a) be legally bound by these Rules and the decisions of the Sponsor which are final in all respects; and b) release, indemnify and hold harmless the Released Parties from all liability relating to the Contest, participation in the Contest and the acceptance or use, misuse, or possession of the applicable Prize. The Contest is subject to all applicable federal, provincial, and municipal laws and regulations. The Released Parties shall not be responsible for print or typographical errors in any Contest-related materials. All Entries become the property of the Sponsor, which assumes no responsibility for lost, stolen, delayed, damaged, misdirected incomplete, illegible Entries, emails or registration requests or for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any Entry and/or other information to be received by the Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof. Further, the Released Parties will not be liable for 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. Any attempt to deliberately damage or undermine the legitimate operation of this contest 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. Entries are subject to verification and will be declared invalid if they are illegible, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor. The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law. The Sponsor is collecting personal data about entrants for the purpose of administering this Contest and by entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal data submitted for this purpose. By submitting an email address into the official entry form, the entrant agrees to receive further communication from Contest and Prizing Sponsor. In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry 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 Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question. You understand that you are providing your information to the Sponsor. All personal information submitted to the Sponsor by you as part of this Contest will be treated in accordance with the Sponsor’s Privacy Policy (available at ca/privacy-policy) except as otherwise described in these Rules. All of your information will be shared with the Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of this Contest, and may be further publicized as described herein. Personal information may be collected, used or disclosed in jurisdictions other than Canada. Personal information that resides in jurisdictions other than Canada will be subject to the general laws of application in those jurisdictions. The Sponsor will not sell, share or otherwise disclose personal information of entrants with third parties or agents, other than to third parties or agents engaged by the Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.
9. LIMITATIONS OF LIABILITY; DISCLAIMERS/RELEASE: The Released Parties are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Contest; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware or software; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; (e) lost, delayed, stolen, damaged, incomplete, invalid, unintelligible, garbled, misdirected, mutilated, or undeliverable Entries, all of which shall be void; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, as a result of your participation in the Contest or receipt of any prize. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE, OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES, OR WARRANTIES THAT THE CONTEST WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY, OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE, OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE- RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
10. DISPUTES: Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Contest, and the decisions of Sponsor are final and binding on all matters relating to the Contest. Except where prohibited by applicable law, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Toronto, Ontario; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event legal fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of any other entrant or Sponsor in connection with the any portion of the Contest, shall be governed by, and construed in accordance with, the laws of the province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the province of Ontario. By participating in the Contest, you agree that Ontario will be the exclusive forum for any formal dispute resolution. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
11. OTHER: ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information 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 Sponsor, in its 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 French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Draft Mini-Rules:
No purchase necessary. Contest starts at 12:00:01AM EST on September 12, 2016 and ends at 11:59:59 PM EST on September 20, 2016. Open only to age of majority residents of Canada. Enter online, Full Rules, (including complete prize descriptions) at: notable.ca/flowcontestrules One (1) Grand Prize (ARV: $450 CAD).