KIN’S STAMP CARD
Rules & Regulations
Kin’s Farm Market Ltd. (“Kin’s”) is operating a promotional stamp collection (the “Stamp”).
The Stamp commences November 28th, 2018 and ends February 5th, 2019.
Kin’s has established the rules and regulations for the Stamp (collectively, the “Stamp Rules”).
Kin’s will award FOUR (4) rewards for every SIX (6) stamps provided by Kin’s on the stamp card.
THEREFORE, in consideration of Kin’s allowing the Participant to participate in the Stamp, the Participant agrees to the following:
Participant’s Representations and Warranties
- The Stamp represents and warrants that:
1.1. the Participant is a resident of British Columbia and has reached the age of majority; and
1.2. the Participant must be able to receive the Prize in-person at Point Grey of Kin’s stores;
2. The Participant agrees that:
2.1. the Participant statements, representations and warranties in and during the Participant’s participation in the Stamp shall be true to the best of the Participant’s knowledge and the Participants shall participate in the Stamp period with the highest degree of sportsmanship and integrity and behaviour which reflects positively on the Kin’s brand;
2.2. the Participant shall comply with all applicable laws during the Stamp’s participation in the Stamp;
2.3. the Participant shall not infringe the rights of any third party during the Participant’s participation in the Contest;
2.4. the Participant shall be responsible for any losses, liabilities, damages, claims, demands, actions, suits, judgements, costs and expenses (the “Liabilities”) incurred in relation to the participation in the Stamp, and the Participant 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. Participation in the Stamp;
2.4.2. the Participant’s violation of any of the Stamp Rules or any provision of this Agreement; and
2.4.3. the Participant’s use and enjoyment of any of the Prizes;
2.5. the Participants, 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 Participant’s participation in the Stamp, 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 Participant further releases any recourses which he/she may now or hereafter have resulting from any decision of Kin’s in conducting the Stamp;
2.6. during and after the Stamp, the Participant shall not make any derogatory, defamatory or negative statements about Kin’s, or the Stamp, which may reflect negatively on Kin’s or the business or reputation of Kin’s. The Participant 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 Participant makes any such derogatory, defamatory or negative statements about Kin’s, Kin’s reserves the right to take legal action against the Participant, at the Contestant’s expense, to require the Participant to cease and desist making such statements and retract such statements as necessary.
- Kin’s reserves the right, in its sole discretion to terminate, modify or suspend this Contest, or modify the Stamp Rules at any time for any reason whatsoever. Kin’s will notify the Participant of any such termination, modification or suspension as soon as reasonably practicable.
- The Participant acknowledges and agrees that the chances of winning the prize draw is based on the number of eligible entries entered in the draw according to the Stamp Rules.
- The Participant 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 Stamp Rules.
- If the Participant wins the prize, the Participant 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 Stamp, or the use and enjoyment of the Prize. The Participant 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 Participant at any time, if the Participant has failed to comply with the Stamp Rules or the terms of this Agreement, or if Kin’s determines in its sole discretion that the Participant 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 Participant shall be final and binding and Kin’s shall not be responsible for any Liabilities arising from such disqualification.
- The Participant may withdraw from the Stamp by not accepting the Stamp prize. Kin’s retains the rights and ownership in and to materials produced by the Participant in participating in the Stamp up to the date the Participant withdraws from the Stamp.
- The Participant 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 Participant and Kin’s and their legal representatives, heirs, executors, administrators, successors and permitted assigns, as the case may be.
- Operation of the Stamp and the interpretation of the Stamp 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.