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Contest Rules

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.

Disclaimer: This contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the owner of this page and not to Facebook. Facebook is hereby completely released of all liability by each entrant in this contest.

Official Rules and Regulations:

1. Contest Period:  The contest (the “Contest”) is sponsored by Chamber of Marine Commerce (the “Sponsor”) and begins Tuesday, December 4, 2018, 10:30AM at Eastern Standard Time (“EST”) and ends Monday, December 24, 2018 at 11:59PM EST (the “Contest Period”). 

2. Eligibility:The Contest is only open to individuals who: i) are legal residents of Canada (excluding Quebec) and the United States; ii) who have reached the legal age of majority in the province/territory/state in which they reside; iii) are legally permitted to accept a promotional prize from the Sponsor; and iv) are not an employee, representative or agent (or living with any such employee, representative or agent, whether related or not) of the Sponsor, its associated and affiliated companies, prize suppliers (including without limitation each person or entity that has provided items for inclusion in the gift package that forms part of the prize), advertising/promotion agencies or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”). These Official Contest Rules (the “Rules”) govern this Contest and must be followed by all entrants at all times. By participating in the Contest, each entrant is signifying his/her agreement that he/she has read and agrees to comply with, and be legally bound by, these Rules.  Contest is void in Quebec and where prohibited by law.

3. How to Enter:

To enter, visit the Chamber of Marine Commerce Facebook page at https://www.facebook.com/ MarineDelivers/(the “Facebook Page”).  Once you are on the Facebook Page, using your personal Facebook account during the Contest Period there are two (2) ways to earn an Entry (each, an “Entry” and collectively, the “Entries”), respectively as follows:

       i.         Earn a maximum of one (1) Entry by posting a comment (which must include the hashtag #ContestEntry) on the Contest Post (the “Contest Post”) that has been pinned to the top of the Facebook Page by the Sponsor.

     ii.         Earn an additional one (1) Entry by locating a weekday daily Contest Post (each, a “Daily Contest Post”) (which will not be pinned at the top of the Facebook Page but rather will be located in the regular list of posts) and by commenting on a weekday Daily Contest Post (which must include the hashtags #ContestEntry and #givingwithshipping). You may only receive a maximum of one (1) Entry per Daily Contest Post. 

Your comment(s) must be your unique and original work and must not contain any offensive, obscene or other inappropriate content (all as determined by the Sponsor in its sole and absolute discretion).

If it is discovered by Sponsor (using any evidence or other information made available to or otherwise discovered by Sponsor) that any entrant (or any person or entity purporting to be an entrant) has attempted to: (i) use multiple names, multiple identities, multiple social media accounts, and/or 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 Sponsor.  The Contest Parties and each of their respective officers, directors, employees, agents, representatives, 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). 

4. Verification: Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsor): (i) for the purposes of verifying an entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the legitimacy of any Entry and/or other information; and/or (iii) for any other reason Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with Sponsor’s interpretation of the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of Sponsor within the timeline specified by Sponsor may result in disqualification in the sole and absolute discretion of Sponsor.  All determinations regarding whether or not an entrant is eligible to earn an Entry in accordance with these Rules will be made by Sponsor in its sole and absolute discretion.  The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) of Sponsor.

5. PRIZE: There is (1) prize (the “Prize”) available to be awarded. The Prize consists of: (i) a gift package that includes a selection of items (as selected by the Sponsor in its sole and absolute discretion) with a total approximate retail value of $[$594.00] CDN/$[451.00] USD; and  (ii) the Sponsor will donate $500.00 CDN/$[380.00] USD to a charity selected by the winner (subject to the Sponsor’s ultimate approval, as determined by the Sponsor in its sole and absolute discretion). The charity must be a legally registered charitable organization within Canada or the United States. The gift package will be shipped to the confirmed winner within 30 days of the Contest closing at no expense to the winner and the charitable donation will be made directly by the Sponsor in the winner’s name within the same time period (and, for greater certainty, the winner will not be entitled to a charitable donation receipt and the donation will not be tax deductible to the winner).

The Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions will be provided except at Sponsor’s option. The costs of everything not specifically and expressly stated herein as included in the Prize are the sole and absolute responsibility of the confirmed winner.  Winner is solely responsible for any applicable federal, state, provincial, or local taxes.

If the confirmed winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor be forfeited in their entirety and, if forfeited, nothing will be substituted in their place.  The Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and/or (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; and by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

Without limiting the generality of the foregoing, none of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any prize element awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he/she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should any part of the Prize fail to be fit for its purpose or is in any way unsatisfactory.

6. Eligible Winner Selection (Random Draw): On January 2, 2019 (the “Draw Date”) in Toronto, ON at approximately at 12:01 PM EST, one (1) entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules.  The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules. 

7. Selection of Winner: Once the potential winner is selected, they will be contacted through Facebook. The potential winner will be contacted within two (2) business days of the Draw Date through tagging on the Contest Post or Daily Contest Post (as applicable) with information on how to connect for further instructions to claim the Prize. The Prize must be claimed within 72 hours of announcing the potential winner on the Facebook page. If the potential winner cannot be contacted as outlined above, 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 the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate entrant from among the remaining eligible Entries in accordance with Rule 6 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 

8. Eligible Winner Confirmation Process:  NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES AND BY LETTER, EVEN IF SUCH PERSON IS ANNOUNCED AS THE WINNER OR THE POTENTIAL WINNER.  BEFORE BEING DECLARED AS THE CONFIRMED PRIZE WINNER, the potential winner will be required to: (a), if he/she is a Canadian resident, correctly answer a mathematical skill-testing question without mechanical or other aid; (b) sign and return (by the date and time indicated on the release form) 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 whatsoever, including print, broadcast or the internet; and (c) sign and return (by the date and time indicated on the form).

10. General Conditions: This Contest is subject to all applicable federal, provincial/territorial/state and municipal/local 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.  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 Released Parties will not be liable for: (i) any failure of any website, the Facebook Page or any platform during or after 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 and/or other information or materials whatsoever to be received, captured, recorded or function properly for any reason whatsoever, including, but not limited to, mail problems, technical problems or traffic congestion on the internet or at any website; (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; (v) anyone being incorrectly and/or mistakenly identified as a winner or potential winner; and/or (vi) any combination of the above.

The Sponsor reserves the right, in its sole and absolute discretion, 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.  Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be 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.  The Sponsor reserves the right, in its sole and absolute discretion, 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.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at  http://www.marinedelivers.com/sites/default/files/CMC%20Privacy%20Policy%20%28April%202017%29_1.pdf).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, in its sole and absolute discretion, 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 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.

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.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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.  The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

Winner List:  Within ninety (90) days following the end of the Contest Period, if you would like the first initial, last name, general location (e.g., city/town state/province/territory) of the prize winner, please send a self-addressed, stamped business size (#10) envelope to Giving With Shipping Contest Winner, Chamber of Marine Commerce, Suite 700, 350 Sparks Street, Ottawa, Ontario, K1R 7S8.  Residents of the United States may omit return postage.