Contest Rules & Regulations
Kin’s Farm Market Ltd. (“Kin’s”) is operating a promotional contest (the “Contest”).
The Contest commences November 17th, 2018 and ends November 30th, 2018.
Kin’s has established the rules and regulations for the Contest (collectively, the “Contest Rules”).
Kin’s will award THREE (3) Contest Winners with one (1) $200 Kin’s Farm Market gift card for each winner.
There will be in total, THREE (3) $200 Kin’s Farm Market gift cards to be given away.
THEREFORE, in consideration of Kin’s allowing the Contestant to participate in the Contest, the Contestant agrees to the following:
Contestant’s Representations and Warranties
- The Contestant represents and warrants that:
1.1. the Contestant is eligible to participate in the Contest, according to the Contest Rules;
1.2. the Contestant is a resident of British Columbia and has reached the age of majority; and
1.3. the Contestant must be able to receive the Prize in-person at one of Kin’s stores;
2. The Contestant agrees that:
2.1. the Contestant’s statements, representations and warranties in and during the Contestant’s participation in the Contest shall be true to the best of the Contestant’s knowledge and the Contestant shall participate in the Contest period with the highest degree of sportsmanship and integrity and behaviour which reflects positively on the Kin’s brand;
2.2. the Contestant shall comply with all applicable laws during the Contestant’s participation in the Contest;
2.3. the Contestant shall not infringe the rights of any third party during the Contestant’s participation in the Contest;
2.4. the Contestant shall be responsible for any losses, liabilities, damages, claims, demands, actions, suits, judgements, costs and expenses (the “Liabilities”) incurred in relation to the Contestant’s participation in the Contest, and the Contestant indemnifies and saves harmless Kin’s and their employees, contractors, agents, representatives and all other organizers of the Contest (collectively the “Indemnified Parties”) from and against all Liabilities arising from:
2.4.1. the Contestant’s participation in the Contest;
2.4.2. the Contestant’s violation of any of the Contest Rules or any provision of this Agreement; and
2.4.3. the Contestant’s use and enjoyment of any of the Prizes;
2.5. the Contestant, for himself/herself, his/her heirs, executors, administrators and assigns, waives any claims, demands, damages, actions or causes of actions (the “Claims”) against any of the Indemnified Parties and releases the Indemnified Parties from any Claims, where such Claims arise out of any loss, injury or damage incurred during or as a result of the Contestant’s participation in the Contest, notwithstanding that any such Claim may have arisen by reason of the negligence of any of the Indemnified Parties. Without limiting the generality of the foregoing, the Contestant further releases any recourses which he/she may now or hereafter have resulting from any decision of Kin’s in conducting the Contest;
2.6. during and after the Contest, the Contestant shall not make any derogatory, defamatory or negative statements about Kin’s, or the Contest, which may reflect negatively on Kin’s or the business or reputation of Kin’s. The Contestant acknowledges that Kin’s has invested substantial resources to establish a positive reputation and goodwill in Kin’s brand and trademarks. As such, if the Contestant makes any such derogatory, defamatory or negative statements about Kin’s, Kin’s reserves the right to take legal action against the Contestant, at the Contestant’s expense, to require the Contestant to cease and desist making such statements and retract such statements as necessary.
- Kin’s will release Contest Rules during the Contest Period.
- Kin’s reserves the right, in its sole discretion to terminate, modify or suspend this Contest, or modify the Contest Rules at any time for any reason whatsoever. Kin’s will notify the Contestant of any such termination, modification or suspension as soon as reasonably practicable.
- The Contestant acknowledges and agrees that the chances of winning the contest is based on the number of eligible entries entered in the draw according to the Contest Rules.
- The Contestant agrees that the use and enjoyment of each Prize is subject to the terms and conditions set herein.
- Prizes must be accepted as awarded, and no substitution or transfer of prizes is permitted, provided that Kin’s reserves the right to substitute a prize of similar value if an advertised Prize is unavailable. For further clarity, no equivalent cash value will be given in substitution for a Prize. Kin’s will disclose the estimated value of each Prize as per the Contest Rules.
- If the Contestant wins the prize, the Contestant may be required to submit valid identification and to sign any documents required by Kin’s, including, without limitation, a release of the Indemnified Parties from any and all liability arising directly or indirectly from or related to the Contest, or the use and enjoyment of the Prize. The Contestant may also be required to answer a time-limited, skill-testing question in order to claim the Prize.
Disqualification or Withdrawal
- Kin’s may, in its sole discretion, disqualify the Contestant at any time, if the Contestant has failed to comply with the Contest Rules or the terms of this Agreement, or if Kin’s determines in its sole discretion that the Contestant has: (i) engaged in fraud, misappropriation or embezzlement of funds; (ii) done anything or is involved in any situation which results or may result in scandal or embarrassment to Kin’s, or conduct which results or may result in ridicule or which shocks, insults or offends or may shock, insult or offend the community or any segment of it or which reflects unfavourably on Kin’s. Kin’s decision to disqualify the Contestant shall be final and binding and Kin’s shall not be responsible for any Liabilities arising from such disqualification.
- The Contestant may withdraw from the Contest by not accepting the contest prize. Kin’s retains the rights and ownership in and to materials produced by the Contestant in participating in the Contest up to the date the Contestant withdraws from the Contest.
Permission to Use Image
- The Contestant:
1.1. grants to Kin’s the unrestricted right, in the discretion of Kin’s to record, reproduce, use, exhibit, display, broadcast, distribute, use, license others to use, and create derivative works using the Contestant’s name, photograph, appearance, likeness and voice (collectively, the “Contestant’s Likeness”) for advertising and publicity purposes and in connection with the Kin’s Promotional programs (including without limitation in public relations or promotional materials, such as advertisements, company literature and other company-related publications), in any and all media now known or hereafter devised (including but not limited to print, broadcast, videotape, electronic, online media, and social media), throughout the world, in perpetuity, in connection with the Contest and the promotion thereof and advertising and promoting the business of Kin’s, without compensation to the Contestant, notice or other liability to Kin’s and the Indemnified Parties;
1.2. agrees that Kin’s shall be the exclusive owner of the advertising and publicity materials produced using the Contestant’s Likeness, with the right throughout the world, an unlimited number of times in perpetuity, in any and all media, now known or hereafter invented, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof; and
1.3. waives any right of inspection or approval of the Contestant’s Likeness or the uses to which the Contestant’s Likeness may be put.
- The Contestant agrees, from time to time, to do or cause to be done all such things, and shall execute and deliver all such documents, agreements and instruments reasonably requested by Kin’s, as may be necessary or desirable to carry out the intent of this Agreement.
- This Agreement shall ensure to the benefit of and be binding upon the Contestant and Kin’s and their legal representatives, heirs, executors, administrators, successors and permitted assigns, as the case may be.
- Where the context so requires, words in the singular shall include the plural, words in the plural shall include the singular and words importing gender include the masculine, feminine and neuter genders.
- Operation of the Contest and the interpretation of the Contest Rules and this Agreement are governed by the laws of British Columbia, Canada and are subject to all applicable federal, provincial and local laws and regulations.
- Should any part of this Agreement be declared or held to be invalid for any reason, the invalidity shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect and be construed as if this Agreement had been executed without the invalid portion and it is hereby declared the intention of the parties that this Agreement would have been executed without reference to any portion that may, for any reason, be hereafter declared or held invalid.