International Photography Day Social Media Contest 2019 Rules/Terms and Conditions


Contest Rules and Regulations (the "Contest Rules") for MARATHON WATCH Giveaway Contest (the "Contest")
 
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
 
On this website, www.marathonwatch.com (the "website") and with respect to this Contest, “the Company” is used to refer collectively to Marathon Watch Company Ltd. and all of its subsidiaries, except where the context requires otherwise.
  1.   Contest Period
The Contest will take place from August 12th, 2019 to August 19th, 2019, at 11:59 pm (the "Contest Period").  All times are Eastern. The Company shall determine the time in respect of the Contest Period.
  1.   How to Enter the Contest
  2. i)    There is one method to enter:
NO PURCHASE NECESSARY. 
 
To enter you must follow “Marathon Watch” on Facebook or Instagram, share a photo on your personal timelines* and tag the post with #lovemymarathon and @marathonwatch. To be declared a winner and receive a prize, a mathematical skill-testing question must be completed and returned with release form. *Be sure to change privacy settings on your shared post to “public” to qualify.
 
  1. ii)   Entry Limit
There is a limit of one (1) entry per person in respect of the email address as provided on the entry form during the Contest Period (the "Entrant"). Multiple photo shares and likes will not increase your chances of winning. For greater certainty, a person may enter the Contest only once throughout the Contest Period.  As well, an Entrant may win only once even though there may be multiple draws for prizes.
Any attempt or suspected attempt to enter this Contest in a fashion not authorized by these Contest Rules shall be deemed to be tampering and will void all of her/his entries.  Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these Contest Rules, as determined in the Company’s absolute discretion, will be judged null and void and disqualified.  Only entries received by the Company will be considered.  Proof of entry transmission shall not constitute proof of receipt.  The Company reserves the right to refuse any entry in its absolute discretion. 
 
iii)  Social Media
Although this Contest may be communicated, promoted, or administered by means of any third party social media or social networking service or site (each, a “Third Party Service”), entrants acknowledge that: (i) this Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; (ii) if entry into this Contest is by means of a Third Party Service, entrants must have a valid account with the applicable Third Party Service (and may be required to have a public (i.e. non-private) account in order to participate) and must comply with the applicable Third Party Service’s terms and policies; and (iii) any questions, comments or complaints regarding this Contest should be directed to the Company and not to any Third Party Service.  By participating in this Contest, the Entrant completely releases any Third Party Service of all liability in relation to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from her/his participation. 
 
  1. Eligibility and Conditions
The Contest is open to everyone, excluding residents of Quebec, who are over the age of majority in their province or territory of residence, prior to the commencement of the Contest Period. Employees of the Company, members of the immediate family of such employees and any persons with whom such employees reside are not eligible to enter the Contest.  For these Contest Rules, "immediate family" means mother, father, sister, brother, son, daughter, married or common law spouses, regardless of where they reside.  Groups, clubs, organizations, businesses and commercial and non-commercial entities are not eligible to enter the Contest.
The Entrant represents and warrants that her/his entry, including any material comprising her/his entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with her/his entry (e.g. photograph, video, written submission, or other form of submission, etc., as applicable) (collectively, the “Entry Material”) (i) is original to her/him, and that he/she has all necessary rights in and to her/his Entry Material to enter the Contest, including, without limitation, the consent of any third parties whose personal information is included in such Entry Material, and (ii) 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 Company in its sole discretion.
  1.   Description of Prizes and Chances of Winning
There is one (1) prize consisting of a Maple Leaf Search & Rescue Jumbo Diver's with MaraGlo (JSAR) - 46mm (Model WW194018BRACE-MPL).
There are to be won in the Contest.  The winner shall receive one prize Each prize has an approximate retail value of USD $1160. The prizes and any specific details are subject to change. No financial compensation will be made or required if the actual prize value is lower than the total value quoted in these Contest Rules.
Once awarded, the prize may not be resold or commercially traded in any manner, directly or indirectly, and the Company reserves the right to ban or disqualify any Entrant from any contest, including future contests, should it reasonably believe such Entrant to have acted or attempted to act in contravention of this restriction.
 
Odds of winning in the Random Draw depend on the number of eligible entries received from the beginning of and throughout the Contest Period.
  1.   Procedure for Draw and Awarding Prize
On August 29th, 2019 a random draw will be conducted by an employee of the Company from all eligible entries received during the Contest Period (a "Random Draw").  A potential prize winner will be selected.
The Entrants agree to be bound by the decisions for the Random Draw by the Company, which decisions are final, binding and conclusive (without appeal) on all matters relating to the Contest.
Selected prize winners will be contacted regarding the prize by email (using the contact information found on the entrant’s Facebook or instagram profile (the "Notification”).
  1. Winner Confirmation
To be declared a prize winner, the Entrant selected for the prize must first:
(a) reply to the Notification by telephone, or email (as required) within five (5) days after the date of receipt of the Notification;
(b) correctly answer, unaided, a mathematical skill-testing question, posed by telephone at a mutually convenient time to be arranged via telephone, text or email between the Entrant selected for the prize and the Company;
(c) grant to the Company a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and unlimited licence to use her/his entry, including the Entry Material, in any media and for any purpose related to the Contest (or any substantially similar contest), including without limitation the right to use, reproduce, modify, adapt, translate, alter, or create derivative works from, the entry and/or Entry Material, without notification, compensation or additional consideration to the winner;
(d)  execute and return (either by mailing to the identified address or by scanning and returning via email to the identified email address) within 10 days of it being sent by the Company, a Contest Release Form (in a form satisfactory to the Company) including (i) confirming understanding of, compliance with and acceptance of these Contest Rules (ii) confirming acceptance of the prize, (iii) providing a release of all liability, releasing the Company including from any liability arising from or connected with the Contest or the awarding or accepting or use of a prize and/or from the promotion, advertising and publicity of the Contest and the products, services and business of the Company in connection therewith; and (iv) confirming the license above and consenting, without further compensation, to the Company's use in perpetuity, in any form or media, of the Entrant's name, city and province/territory of residence, photograph, image, likeness, voice, any statements he/she may make regarding such Contest prize and/or Contest details or information for the promotion, advertising and publicity of the Contest and the products, services and business of the Company.     
A selected Entrant may be required to provide proof of identification to the Company when claiming a prize or otherwise in connection with this Contest to facilitate the Company's accurate identification of a Contest winner.
If a selected Entrant cannot be reached by telephone or email within five (5) days following the relevant Random Draw, incorrectly answers the skill-testing question, declines the prize, fails to return the Contest Release Form as specified above or does not comply with the Contest Rules, the prize will be forfeited and may be awarded to an alternate Entrant, chosen at the sole discretion of the Company.
By accepting a Contest prize, each winner authorizes the Company to use in any related publicity the winner’s name, city and province/territory of residence, photograph, image, likeness, voice, and any statements he/she may make regarding such Contest prize and/or Contest details or information for advertising and promotional purposes worldwide in perpetuity, in any form or media including the Internet, without limitation and without additional compensation or consideration, permission or notification, unless prohibited by law.
The prize must be accepted as described in these Contest Rules and while it may be transferred by the winner to another person, it cannot be substituted for another prize, or exchanged in full or in part for cash, except in the Company's discretion. The Company reserves the right to substitute another product as all or a portion of the prize if the prize or a portion of it cannot be awarded as described. Any prize is “as is” without further warranty of any kind.
Refusal by the Entrant to accept the prize releases the Company from any obligations toward the winner.
If a contestant makes a false statement in the Contest entry or in the Release, he/she will be automatically disqualified from the Contest.
  1. Release of Liability
The Company does not assume any responsibility for, and each Entrant releases the Company from, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the Entrant's participation or attempted participation in the Contest, including, without limitation, the administration of the Contest, the selection and confirmation of winners, and the arranging, awarding and use of a prize.
Without limiting the generality of the foregoing, the Company is not responsible for:
(a)  lost, stolen, late, misdirected, incomplete, illegible, damaged, garbled or irregular entries, or for any entries not received or not processed for any reason, including any technical or human error.  Such entries are void;
(b)  any errors, omissions, incorrect or inaccurate information in these Contest Rules, other Contest-related materials, including without limitation, printing or advertising errors, failure of or problems with any other equipment or programming associated with or used in the Contest, including without limitation the website, howsoever so caused; or,
(c)  any failure of or problems with the Internet or the website; problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment or software; failure, interruption or delay of any entry (including content download) or email or texts to be transmitted or received or processed, including failure resulting from technical, human or other error or theft; technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to an Entrant's computer or to any other individual's computer (or any information/data stored thereon) related to or resulting from participating in, or downloading any material, regarding the Contest or a prize; the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers” or otherwise; any communication not received for any reason, including without limitation due to an Entrant's email filter, email system, internet connection or telephone, text or voicemail services; and late, lost, misdirected, or unsuccessful efforts to notify a potential winner.
  1. Personal Information
By entering the Contest, the Entrant consents to the collection and use of his/her personal information for the purpose of administering the Contest by the Company including disclosure of personal information to any Contest prize provider(s) for purposes of prize fulfillment. Eligibility to participate in the Contest is not dependent upon an Entrant’s consent to receive any other emails and communications, and consenting to receiving such emails and communications will not impact an Entrant’s chances of winning.  Each Entrant understands and agrees that, should her/his personal information be provided to any prize provider, such information will be subject to that prize provider’s privacy policy and information handling standards and practices.  
  1. Unsportsmanlike Conduct
The Company reserves the right, in its discretion, to disqualify any Entrant it finds to be tampering or attempting to tamper with the entry process or the operation of the Contest or otherwise acting in an unsportsman-like or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these Contest Rules, as determined in the Company's absolute discretion, will be judged null and void and disqualified. Proof of entry transmission shall not constitute proof of receipt.  The Company reserves the right to refuse any entry in its absolute discretion.  Any attempt by an Entrant or any other individual to undermine the legitimate operation of this Contest may be in violation of criminal and/or civil laws.  Should any such attempt be made, the Company reserves the right to seek remedies and damages to the fullest extent permitted by law.
  1. Contest Rules Govern
      In the event of any discrepancy or inconsistency between these Contest Rules and disclosures or other statements contained in any Contest related materials, including, without limitation, the Contest entry form, these Contest Rules shall prevail, govern and control.
      By entering, the Entrants agree to comply with and abide by these Contest Rules and all decisions of the Company, which shall be final and binding in all matters relating to the Contest and the awarding of a prize. The Entrants who have not complied with these Contest Rules are subject to disqualification.
  1. Dispute
In the event of a dispute, all entries will be deemed to have been submitted by the authorized Facebook account holder. "Authorized account holder” is defined as the person who is assigned the Facebook profile by Facebook. If the identity of an Entrant is disputed, the authorized account holder associated with the Facebook account at the time of entry will be deemed to be the Entrant. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the Facebook account associated with the entry form for such selected Entrant name.
Any dispute shall be governed by the laws of the province of Ontario.
  1. Miscellaneous
This Contest is void in Quebec and where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations in Canada.
The Company reserves the right to terminate, cancel, modify or suspend the Contest or amend the Contest Rules at any time and in any way, without prior notice including to any Entrant, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, the Company reserves the right to terminate the Contest. 
Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should an attempt be made, the Company reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
Any amendments to these Contest Rules will be posted on the website from time to time and shall be effective once posted.
All entries become the property of the Company and will not be returned. No correspondence will be made with or entered into except with the Entrants. The Company may, in its absolute discretion, moderate and/or remove and/or edit any Entry Material, including to blur out any trademarks or to remove any copyrighted content or unsuitable content (as determined by the Company).