July 23, 2019
These are the official contest rules for the Resonance Street Art Photo Contest.
For general info about the contest, click here.
CONTEST RULES (the “Official Rules”)
THE RESONANCE STREET ART CONTEST (the “Contest”)
These Official Rules govern the Contest. By participating or attempting to participate in the Contest, you will be deemed to have received, understood, and agreed to these Official Rules.
WHO ARE THE SPONSORS?
The Contest is sponsored and administered by Resonance.
Resonance is referred to as the “Sponsor.”
Although the Contest may be communicated, promoted, or administered by means of a third party social media or social networking service or site (a “Third Party Service”), the Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; any questions, comments or complaints regarding the Contest should be directed to Resonance and not to any Third Party Service.
WHO MAY ENTER THE CONTEST?
The Contest is open only to residents of Canada who have reached the age of majority in their province or territory of residence as of the date of entry.
The following individuals are not eligible to enter the Contest:
- employees, officers, directors, agents, and representatives of: (i) the Sponsors, the Artist, or any of their respective parents, subsidiaries or affiliates; (ii) any prize suppliers; (iii) any and all other companies associated with the Contest;
- a household member of any of the individuals listed in (a), above, whether or not related;
- members of the immediate family (spouse, parent, child, sibling) of the individuals listed in (a), above.
WHEN DOES THE CONTEST START/END?
You may enter the Contest between 12:01 a.m. Eastern Time (“ET”) on July 23, 2019 and 11:59 p.m. ET on Oct. 31, 2019 (the “Contest Period”). The Contest Period is comprised of two (2) entry periods (each, an “Entry Period”), as follows:
START DATE ENTRY PERIOD #1: July 23, 2019
END DATE ENTRY PERIOD #1: August 31, 2019
START DATE ENTRY PERIOD #2: Sept. 1, 2019
END DATE ENTRY PERIOD #2: Oct 31, 2019
HOW DO I ENTER THE CONTEST?
No purchase is necessary to enter the Contest. There are three (3) methods of entry applicable to this Contest, as follows:
- Social media – Instagram
To enter the Contest, log into your Instagram account during the Contest Period (note: must be a valid, public account) and upload a post during an Entry Period that (i) tags @resonancefashion (ii) contains an original photograph that includes the street art outside 23 Downie St., Stratford, Ont., and (iii) includes the hashtag #resonancestreetart.
- Social media – Facebook
To enter the Contest, log into your Facebook account during an Entry Period, and send a direct message to Resonance that includes an original photograph that includes the street art in front of 23 Downie St., Stratford, Ont. In order to send a direct message to Resonance, you may first need to go to https://www.facebook.com/spiritandstyle/ and click on “Message”.
- E-mail entry
To enter the Contest, send an email to firstname.lastname@example.org during an Entry Period, specifying your name, day and evening telephone numbers, email address, and age, and including an original photograph that includes the street art located in front of 23 Downie St., Stratford, Ont.
HOW MANY TIMES MAY I ENTER THE CONTEST?
There is a limit of one (1) entry per person/Instagram account/Facebook account/email address per day, regardless of the method of entry. By way of illustration, if two (2) or more otherwise eligible persons share a single Twitter account, Instagram account, Facebook account, and/or email account, only one (1) of them may enter the Contest per day. If one (1) person has multiple accounts, that person may enter the Contest only once per day and only the first entry received from such person will be considered.
COULD MY ENTRY BE REFUSED OR REJECTED?
Your entry could be refused or rejected if:
- you attempt to enter the Contest in a fashion not authorized by these Official Rules;
- your entry contains false or misleading information, or is late, falsified, illegible, damaged or incomplete or otherwise irregular;
- your entry is submitted using robotic, automated, programmed, or other illicit means; or
- your entry is not in compliance with these Official Rules.
In addition, the Sponsors reserve the right to refuse any entry for any other reason as they may determine.
WHAT ARE THE CONDITIONS OF ENTRY?
By entering the Contest:
- you agree to be bound by these Official Rules and by the decisions of the Sponsors, which decisions are final, binding and conclusive;
- you represent and warrant that (i) your entry, including any material comprising your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, written submission, or other form of submission, as applicable) (all such material, collectively, the “Entry Material”) is original to you, (ii) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties whose personal information is included in your Entry Material, and (iii) your Entry Material does not contain, depict, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by the Sponsors;
- you understand and agree that your entry, including your Entry Material, will not be returned to you and may be moderated or edited by Resonance as it deems appropriate;
- you grant to the Sponsors the irrevocable right to use your Entry Material in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, or create derivative works from, your Entry Material without notification, compensation or additional consideration to you;
- you waive all claims of moral rights in any use of your Entry Material by Resonance pursuant to the rights granted in these Official Rules;
- you agree that the Sponsors shall have the right at any time to require proof of identity or eligibility to enter the Contest; failure to provide any such proof upon request may result in disqualification;
- you release and forever discharge the Sponsors, their respective parents, affiliates, and subsidiaries, any other companies associated with the Contest, and all of their respective directors, officers, employees, agents, representatives, licensees, successors and assigns, as well as any Third Party Services, (collectively, the “Releasees”), and agree to indemnify and hold harmless each of the Releasees, from and against any and all claims, damages or liability, including any costs or losses related to personal injury, death, damage to or loss or destruction of property, arising out of, or in any way related to, (i) your participation in the Contest, (ii) the awarding, receipt, possession, use or misuse of any prize, in whole or in part, or any travel or activity related to any prize, (iii) the use of any Entry Material or Publicity Material (defined below) in accordance with the rights granted in these Official Rules, or (iv) any breach of these Official Rules.
WHAT ARE THE CONTEST PRIZES?
One (1) prize will be awarded in each Entry Period, each of which consists of a non-refundable gift certificate valued at CDN $200.
ARE THERE ANY PRIZE CONDITIONS?
In addition to any prize conditions provided elsewhere in these Official Rules, any prize awarded in the Contest is subject to the following conditions:
- The prize may be substituted, in whole or in part, with a prize or prize component of equal or greater value if the prize or prize component cannot be awarded for any reason.
- The prize may be wholly transferred to another or donated to a charity auction.
- Any unused portion of the prize, once awarded, will be deemed forfeited. The prize will not be replaced if lost, destroyed, mutilated or stolen.
HOW WILL THE POTENTIAL WINNER(S) BE SELECTED?
At approximately 1 p.m. ET on each of the Judging Dates identified in Section 3 of these Official Rules, above, all eligible entries received during the applicable Entry Period will be judged by a panel of judges comprising representatives of the Sponsors, based on the following criteria: Creativity/Originality of Entry Material (34%), Quality of Entry Material (33%), and Relevance of Entry Material to the themes of art and Stratford (33%) (the “Criteria”).
Within one (1) business day of each Judging Date, the following shall occur:
- The top ten (10) ranking entries, based on the application of the Criteria, will be put into a Facebook gallery accessible via https://www.facebook.com/spiritandstyle/ (a “Finalists Gallery”), where individuals will have the opportunity to vote on their favourite photograph of the applicable Monthly Entry Period by “liking” the photograph. There is a limit of one (1) vote per person/Facebook account per photograph. In the event the Sponsors suspect that an individual is tampering or attempting to tamper with the voting process, falsifying or attempting to falsify votes, automating or attempting to automate votes, or submitting or attempting to submit votes through irregular or illicit means, all as determined in the Sponsors’ discretion, the Sponsors may disqualify such individual from the Contest where such individual is a Contest entrant and/or discount any votes submitted by such individual;
- The entrant associated with the photograph that receives the most eligible votes within the first 48 hours of the posting of the Finalists Gallery will be deemed a potential Contest winner. In the event of a tie, a representative of the Sponsors will conduct a random draw to determine the potential Contest winner. The remaining nine (9) photographs will be further judged against the Criteria by a panel of judges comprising representatives of the Sponsors, to determine the top-ranking entrant, such entrant to be deemed another potential winner in respect of the applicable Entry Period.
- The Artist will choose an award winner from the top 10 finalists during each period.
Each potential winner will be notified by the Sponsors using the information provided at the time of entry. In the event any potential winner does not respond to such notification within three (3) business days, declines a prize for any reason, or does not meet the requirements set forth in these Official Rules, as determined by the Sponsors, the potential winner will be disqualified and, time permitting, an alternate potential winner may be selected based on the next-ranking eligible entry, or the prize may be cancelled. The decisions of the judges are final and binding and may not be challenged in any way.
There is a limit of one (1) prize per person in this Contest.
HOW CAN A POTENTIAL WINNER BECOME A WINNER?
To be declared a winner, a potential winner:
- must correctly answer, without assistance, a time-limited, mathematical skill-testing question to be administered by the Sponsors;
- must be in compliance with these Official Rules;
- must sign and return, within any designated time period, a release of liability and consent to publicity form and any other documentation as reasonably required;
- may be required to provide proof of identification to confirm eligibility or to claim a prize, or provide proof that he or she is the authorized account holder of any account associated with the selected entry.
WHAT ARE THE ODDS OF WINNING A PRIZE?
Odds of winning depend on the number of eligible entries received per Entry Period, on the application of judging criteria, and on the number of eligible votes received by each entry that is short-listed by the panel of judges.
HOW DO I CLAIM A PRIZE?
Once a potential winner is confirmed as a winner, prize distribution will be promptly coordinated.
Except as otherwise indicated by the Sponsors, a winner must personally take delivery of the prize as instructed within thirty (30) days of being notified that such prize is available or within such other time period as may reasonably be advised.
If a winner fails to take delivery of the prize as instructed, the prize will be deemed forfeited.
WILL I APPEAR IN ANY PUBLICITY IF I AM A WINNER?
If you are a winner, the Sponsors may require you to appear in publicity related to the Contest or to any similar contest.
By accepting a prize:
- you grant to the Sponsors the irrevocable right to record, photograph or otherwise capture or document you, your likeness, your voice, or any statements you make regarding the Contest or the prize, by any available means;
- you agree that any such captured material, together with your biographical information, such as name or place of residence, or your Entry Material (collectively, all such materials, the “Publicity Material”) may be used by the Sponsors or their licensees, successors, or assigns (collectively, the “Publicity Parties”) in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry Material;
- you acknowledge that the Publicity Parties shall not be required to compensate you, notify you, or request your permission in connection with their use of any Publicity Material, unless otherwise prohibited by law; and
- you waive any rights that you may have or that may otherwise exist in connection with any use of the Publicity Material by any of the Publicity Parties, including any moral rights in any such Publicity Material.
HOW WILL MY PERSONAL INFORMATION BE COLLECTED, USED AND DISCLOSED?
Your personal information will not be disclosed to third parties.
HOW DO THE RELEASEES LIMIT THEIR LIABILITY?
The Releasees assume no liability for the following:
- stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, jumbled, or garbled entries, transmissions, email, mail, or other communications;
- any error, omission, interruption, defect or delay in transmission, processing, or communication;
- failures or malfunctions of, or difficulties with, computer hardware or software, telephones, telephone lines, telephone systems, or network, cable, satellite, server, or website connections;
- printing, typographical, or other errors appearing within these Official Rules, in any Contest-related advertisements, or in Contest-related materials;
- incorrect or inaccurate information, including where caused by website users, tampering, hacking, or by any equipment or programming associated or used in connection with the Contest;
- injury or damage to any computer or other device resulting from or otherwise related to participation in the Contest, the use of any website, or the downloading or accessing of any materials;
- anyone being incorrectly or mistakenly identified as a winner or potential winner; or;
- any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, or otherwise, relating in any way to the Contest, including those errors, problems or difficulties that may relate to the administration of the Contest, the processing of entries, the advertising of the Contest, the announcement of any prize or prize winner, or the cancellation or postponement of any event.
WHAT LAWS APPLY TO THE CONTEST?
The laws of the province or territory in which you reside apply to the Contest.
Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal or civil laws. Should any such attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law.
CAN THE SPONSORS CANCEL OR AMEND THE CONTEST?
The Sponsors may cancel, modify, or suspend the Contest or amend these Official Rules for any reason whatsoever, subject to prior approval by the Régie des alcools, des courses et des jeux, if legally required. For example, if for any reason the Contest is not capable of running as originally planned, the Sponsors may adjust any of the dates, timeframes or other Contest mechanics, or suspend or cancel the Contest.
You may not amend these Official Rules in any way.
WOULD THE SPONSORS EVER DISQUALIFY OR BAN SOMEONE FROM A CONTEST?
The Sponsors may disqualify without notice or ban someone from the Contest or any future contest for any other reason, including if the Sponsors find that a person has:
- resold or attempted to resell a prize, in whole or in part;
- tampered with or attempted to tamper with, or undermined or attempted to undermine, the legitimate operation of the Contest;
- provided false or misleading information;
- acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any person; or
- otherwise violated these Official Rules.
WHAT HAPPENS IF THESE OFFICIAL RULES CONTRADICT OTHER CONTEST MATERIALS?
In the event of any discrepancy or inconsistency between these Official Rules and disclosures or statements made by the Sponsors or appearing in other Contest-related materials, these Official Rules shall govern.
WHAT HAPPENS IF PART OF THESE OFFICIAL RULES BECOMES UNENFORCEABLE OR DOES NOT APPLY?
If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be legally binding.
IF I AM A RESIDENT OF QUEBEC, IS THERE ANY ADDITIONAL INFORMATION I SHOULD KNOW?
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. 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.