Official Rules and Regulations
- CONTEST PERIOD:
The Explorer RV Club COVID Summer Photo Contest (the “Contest”) begins on August 24, 2020 at 12:01 a.m. Eastern Standard Time (“EST”), and ends on September 21, 2020 at 11:59 p.m. EST (the “Contest Period”).
Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Explorer RV Club (the ‘Sponsor’), its parent companies, subsidiaries, affiliates, prize suppliers, dealers, advertising/promotion agencies and any entity involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the ‘Contest Parties’).
- HOW TO ENTER:
There are three (3) ways to enter the Contest, (i) by posting an entry on Instagram, (ii) by posting an entry on Facebook, or (iii) via the Sponsor’s website.
To enter on Instagram, you must have a public account. Login to your Instagram Account and: (i) upload a Photo; (ii) provide a caption for your Photo; (iii) include the hashtag #ourcovidsummer; and (iiii) tag @explorerrvclub in the post. By entering, you signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations.
To enter on Facebook, you must have a public account. Login to your Facebook Account and: (i) find and comment on one of our contest posts; (ii) include your photo with a caption for your Photo; (iii) and include the hashtag #ourcovidsummer in the comment. By entering, you signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations.
To enter on the Sponsor’s website, go to https://explorerrvclub.com/covid-summer-photo-contest/ (the “Website”) and use the Photo Submission Form (the “Entry Form”) to submit your photo and details. Be sure to include a caption for the photo in your message. Fully complete the Entry Form with all required information, which includes a requirement to: (i) enter your name, and any requested contact information; (ii) upload a photo (“Photo”); (iii) provide a caption for your Photo; and (vi) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Once you have fully completed the Entry Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Entry Form.
To be eligible, your Entry (regardless of the method of entry) must be submitted and received in accordance with these Rules. All eligible Entries submitted and received in accordance with these Rules will be entered into the random prize draw. The Contest Parties and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the ‘Released Parties’) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Entries/Requests (all of which are void).
- ENTRY LIMIT:
There is no limit on the number of Entries per person/email address; however, each Entry must include a unique and original Photo. You can only use one (1) email address/one (1) Instagram or Facebook account to enter the Contest. 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: (i) obtain more than one (1) Entry per Photo; and/or (ii) use multiple names, identities, email addresses, accounts and/or any automated, macro, script, robotic or other system(s) or program(s) 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. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
All Entries and Requests are subject to verification at any time and for any reason. 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, Request 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 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 Sponsor’s Official Clock(s).
- SUBMISSION REQUIREMENTS:
To be eligible for entry in this Contest, the Photo must be in .jpg, .gif, .tif, or .png format. Please try to submit your Photo in the highest resolution possible.
By participating in the Contest, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Entry, including the Photo:
- is original to him/her and that the entrant has all necessary rights in and to the Entry and Photo to enter the Contest;
- does not violate any law, statute, ordinance or regulation;
- does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
- will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- is not defamatory, trade libellous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following (as determined by the Sponsor in its sole and absolute discretion):
- Explicit, graphic or excessive sexual activity;
- Crude, vulgar or offensive language and/or symbols;
- Derogatory characterizations of any ethnic, racial, sexual or religious groups;
- Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
- Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
- Conduct or other activities in violation of these Rules;
- Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
- Any identifiable third party products and/or trade-marks, brands or logos; and/or
- Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest Parties in their sole discretion.
Any Entry that the Sponsor and/or the Contest Parties deem, in its/their sole discretion, to violate the terms and conditions set forth in these Rules may be disqualified in the sole and absolute discretion of the Sponsor. The Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to edit or modify any Entry, including without limitation via colour correction or enhancement, or to request an entrant to modify or edit his or her Entry, in order to ensure that the Entry complies with these Rules, or for any other reason.
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a world-wide, royalty free, irrevocable, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry, including the Photo, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry, including the Photo, in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.
For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to modify, edit or remove any Entry, including any Photo, or to request an entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason.
- THE PRIZE:
There will be one (1) Grand Prize (each, a ‘Prize’ and collectively, the ‘Grand Prize’) available to be won. The Grand Prize consists of one (1) YETI Hopper Flip 12 Soft Cooler, two (2) YETI Rambler 887 ML Tumblers, two (2) YETI Rambler 591 ML Tumblers with Magslider Lid, and one (1) YETI Daytrip Lunch Bag. The Grand Prize has an approximate retail value of $600 and must be accepted as awarded and is not transferable, assignable or convertible to cash.). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize with a prize of equal or greater retail value.
- WINNER NOTIFICATION PROCESS
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner (using the information provided on the Entry Form/Request, as applicable) within three (3) business days of the Draw Date. If an eligible winner cannot be contacted within three (3) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible winner from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
- WINNER CONFIRMATION PROCESS:
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within Seven (7) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet. If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible winner from among the remaining eligible Entries submitted and received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
- GENERAL CONDITIONS:
All Entries become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Request or other information to be received, captured or recorded for any reason whatsoever; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
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/Request in question.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.