Rules and Regulations:
1. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST (the “Contest”). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. All monetary amounts herein are calculated in Canadian dollars.
3. The Contest is open only to individuals who are legal or permanent residents of Canada and have reached the age of majority in their province or territory of residence at the time of entry, except the directors, officers, agents and employees of Reitmans (Canada) Limited (the owner of the “Penningtons” division) and all of its affiliated and associated entities and divisions (collectively, “Reitmans”), their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled. For greater certainty, it is understood that entrants who are minors in their province or territory of residence are not eligible to enter the Contest.
4. By entering the Contest, each entrant accepts the terms and conditions of the Contest rules and regulations (the “Rules”) and agrees to be bound by them. The Contest is subject to all applicable federal, provincial, municipal and local laws and regulations. The Contest is void where prohibited or restricted by law.
5. The Contest offer will be open online only at www.facebook.com/penningtons (the “Penningtons Facebook Fan Page”), the whole as more fully set forth in Section 6 below, from December 9, 2014 at 7:00 a.m. (Eastern time) to December 29, 2014 at 11:59 p.m. (Eastern time) (the “Entry Deadline”).
6. In order to enter for a chance to win one (1) of the five (5) Prizes (defined below), each entrant must, by the Entry Deadline:
a. Go online and log-on to Facebook;
b. Go to the Penningtons Facebook Fan Page;
c. Click on the Contest tab (the “Contest Tab”) where he or she will then be redirected to the Contest page (the “Contest Page”);
d. Complete the 5-question “What’s Your Gift Giving Style?” quiz available on the Contest Page (the “Quiz”);
e. Fill out the online entry form found on the Contest Page in its entirety, including with all required contact information and the correct answer to the Skill-Testing Question (defined below) contained therein;
f. Check-off a box confirming that he or she has read, understood and agrees with the Rules;
g. Only if he or she so chooses, check-off a box indicating that he or she opts-in to receive notifications via e-mail about upcoming promotions and special offers offered by Penningtons (for greater certainty, an entrant is not obligated to check-off the box in question and entry in the Contest is not conditional upon an entrant checking-off such box and opting-in to receive such notifications); and
h. Click “Submit”.
7. a. All eligible entries for the Contest must be received by Penningtons by the Entry Deadline, must comply with the terms hereof and must have a correctly answered Skill-Testing Question. All entries become the property of Penningtons. Any entries by third parties, or generated by a script, macro or by any other automated means whatsoever (including, without limitation, any electronic, robotic or computer automated or automatic contest entry program, tool, service, script, bot, macro, system or software, whether commercially developed or otherwise), or that contain typographical errors, are altered, tampered with, incomplete, inaccurate, irregular in any way, or otherwise not in compliance with the Rules, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Penningtons and/or Reitmans. Odds of winning a Prize will vary depending on the number of eligible entries received by the Entry Deadline.
b. Only one (1) entry per entrant is permitted. All additional entries will be disqualified. For greater certainty, it is understood that all additional entries made by or for a single entrant, or any attempt by an entrant to make more than one (1) entry, whether by using multiple e-mail accounts, identities, registrations, or any other methods, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Penningtons and/or Reitmans.
c. Penningtons reserves the right, in its sole and absolute discretion, to disqualify any entrant whose Quiz contains, whether in whole or in part, obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, graphic or vulgar content, slander, nudity, or is otherwise deemed by Penningtons, in its sole and absolute discretion, to be offensive or inappropriate or inconsistent with the spirit or theme of the Contest.
8. Five (5) prizes (collectively, the “Prizes” and each, a “Prize”) will be awarded, each consisting of one or more Penningtons gift cards (collectively, the “Gift Cards” and each, a “Gift Card”) having an aggregate value of one hundred dollars ($100.00) to be used at any participating Penningtons store across Canada (collectively, the “Stores” and each, a “Store”). The retail value of each Prize is one hundred dollars ($100.00). The total retail value of all of the Prizes awarded in connection with the Contest is five hundred dollars ($500.00). The Contest will have five (5) winners in total (collectively, the “Winners” and each, a “Winner”).
9. For purposes of awarding the Prizes, five (5) random draws will be conducted at the head offices of Penningtons in Montréal, Québec on January 12, 2015 beginning at approximately 1:00 p.m. (Eastern time) (the “Draw Date”), in order to select the Winners from among all of the eligible entries received by the Entry Deadline.
10. For purposes of claiming a Prize, a selected Winner will be contacted by e-mail within five (5) business days following the Draw Date (the “Claim Date”). If a selected Winner cannot be reached by the Claim Date for any reason whatsoever, such selected Winner will be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Penningtons may decide, in its sole and absolute discretion, to select a new Winner by a random draw conducted by Penningtons until such time as contact is made by e-mail with such newly selected Winner. Penningtons will not be responsible for failed attempts to contact a selected Winner for any reason whatsoever, including, without limitation, if any e-mail communication is unsuccessful, not returned or returned as undeliverable. If all or part of a Prize cannot be awarded to a Winner due to actions or circumstances beyond the control of Penningtons, Penningtons may decide, in its sole and absolute discretion, to award a substitute prize (or substitute prizes) of equal or greater retail value.
11. Penningtons reserves the right to verify eligibility qualifications of any entrant or Winner. In addition to the eligibility requirements set forth in Section 3, a Winner must comply with the Rules and correctly answer a time-limited, mathematical skill-testing question (without the assistance of another person or mechanical device) (the “Skill-Testing Question”) included as part of the entry form referred to in Section 6.e. and/or the Release (defined below) and/or administered by a representative of Penningtons during a pre-arranged, mutually convenient telephone call and/or as otherwise may be provided by Penningtons. In addition to the foregoing and in order to be eligible to receive a Prize awarded hereunder, a Winner may be required to execute a full release and affidavit of eligibility in a form to be provided by Penningtons which, inter alia, relieves Reitmans from any and all liability for injury associated with a Prize or any component thereof awarded to a Winner, as well as satisfy any and all laws and regulations and other criteria required by a Winner’s province or territory of residence (the “Release”). Should a Winner not comply with the Rules, decline his or her Prize or any part thereof for any reason whatsoever, not claim his or her Prize by the Claim Date, incorrectly answer the Skill-Testing Question, not execute any required Release, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, such selected Winner will be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Penningtons will have no further obligation to the Winner in question and may decide, in its sole and absolute discretion, to select an alternate Winner as set forth in Section 10 and the terms and conditions of Section 10, Section 11 and Section 12 herein will apply mutatis mutandis to such new newly selected Winner.
12. A Winner will be entitled to be awarded his or her Prize on the date on which the eligibility qualifications of such Winner have been satisfied in accordance with Section 11 herein (the “Award Date”). Each Prize will be sent to each Winner by registered mail or courier to the address provided by the Winner (a signed acknowledgment of receipt at the delivery location will be required) within one (1) week following the Award Date. Penningtons reserves the right to modfiy, in its sole and absolute discretion, the method of delivery of a Prize described in this Section 12 to a Winner in the event that delivery as described in this Section 12 is not possible due to any cause beyond the control of Penningtons. A Winner’s name may appear on the Penningtons Facebook Fan Page, at www.penningtons.com (the “Website”) and/or any other Penningtons online social networking and media marketing web pages for no less than thirty (30) days following the Award Date.
13. No cash, product substitution or prize equivalent will be permitted. A Prize cannot be combined or used in conjunction with any other contest or offer. A Prize must be accepted as is, and cannot be redeemed for cash, prepaid cards, or gift cards of any kind (including any other Gift Card(s)), in whole or in part. No component of a Prize may be returned after delivery. No rain checks will be provided. No refund or compensation of any costs or expenses incurred by a Winner will be made. Choices of styles, sizes, colours and types of products and merchandise which may be purchased with a Gift Card are subject to availability at the Stores.
14. If, by reason of a typographical or other error, more Prizes are claimed than the number set forth in the Rules, all individuals making purportedly valid claims will be included in a random draw to award the advertised number of Prizes available. No more than five (5) Prizes will be awarded in total in connection with the Contest.
16. All expenses related or incidental to the receipt and use of a Prize, including any and all surcharges, fees, taxes (federal, provincial or local), and any travel or transportation costs (whether ground, air or otherwise), including between a Winner’s residence and any Store, will be the sole responsibility of a Winner. Without limiting the generality of the foregoing, all fees, costs and expenses of any kind whatsoever not specifically stated herein to be the responsibility of Penningtons and/or Reitmans, will be the sole responsibility of a Winner. A Prize and every component thereof is non-refundable, non-transferable and may not be reissued or revalidated in whole or in part.
17. Penningtons will not be responsible for lost, stolen, mutilated, late, misdirected or ineligible entries that may occur in the administration of the Contest. Penningtons will not be responsible under any conditions whatsoever for any problems or technical malfunctions relating to the Contest, for any printing or typographical errors or problems in connection with any Contest-related materials, or for any computer, online, human or technical malfunctions that may occur in the administration of the Contest, including problems with the Penningtons Facebook Fan Page, the Contest Page, the Contest Tab, any computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Penningtons on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer relating to or resulting from participation in the Contest or downloading any Contest-related materials.
18. Subject to a contrary ruling by the Régie (defined below), if for any reason the Contest is not capable of running as planned due to (i) infection by computer virus, bugs, tampering (including, without limitation, on the Contest Page or the Contest Tab), unauthorized intervention, fraud, technical failures, technical malfunctions or any other causes corrupting or affecting the administration, security, fairness, integrity or proper conduct of the Contest whether in connection with the Penningtons Facebook Fan Page, the Contest Page, the Contest Tab or otherwise, (ii) insufficient entries, or (iii) due to any other cause beyond the control of Penningtons, Penningtons reserves the right, in its sole and absolute discretion, to disqualify an individual and/or cancel, terminate, modify or suspend the Contest in whole or in part and/or modify the Rules. Without limiting the generality of the foregoing, Penningtons reserves the right to prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Any attempt by anyone to damage or disrupt the Contest or undermine the legitimate operation of the Contest will be considered a violation of criminal and civil laws and should such an attempt be made, Penningtons reserves the right to seek damages or other remedies from any such person to the fullest extent permitted by law, including criminal prosecution.
19. In the event of any dispute regarding entries received from multiple users having the same e-mail account, entries will be deemed to be made by the authorized account holder of the e-mail address submitted during entry, but only if he or she meets all other eligibility criteria contained in the Rules. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. A Winner may be required to provide Penningtons and/or Reitmans with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry, or forfeit his or her Prize.
20. All entrants assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of a Prize granted herein, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to a Prize (including without limitation, in connection with travel, if applicable). Without limiting the generality of the foregoing, by entering the Contest, entrants release and forever discharge Reitmans and its parent companies, affiliates, subsidiaries, agents, advisors, employees, officers, directors, shareholders, representatives, licensees, franchisees, advertising and promotional agencies, successors and assigns from any and all losses, damages, rights, claims, costs, actions and causes of action of any kind whatsoever arising in connection with the Contest or resulting from the acceptance, possession, or use or misuse of a Prize or any component thereof granted herein or any other prize that may be awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
21. It is each entrant’s sole responsibility to notify Penningtons in writing at the address indicated above if he or she changes his or her telephone number, e-mail or mailing address or other contact information. All corrections to the contact information of an entrant must be received by the Entry Deadline.
22. To the extent permitted by applicable law, if any of the terms of the Rules are or become invalid, are ruled illegal by the Régie (defined below) or any court of competent jurisdiction, or are deemed unenforceable under the then current applicable laws, it is the intention of the parties hereto that the remainder of the Rules will not be affected thereby and will remain in full force and effect.
23. For Québec entrants, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
24. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant is providing his or her information to Penningtons and not to Facebook. By participating in this Contest, each entrant agrees to release and forever discharge Facebook from any and all claims, demands, actions, damages, liabilities, costs, losses and expenses arising out of, or in connection with, the Contest. If an entrant opts-in at the time of entry to receive notifications via e-mail about upcoming promotions offered by Penningtons as described in Section 6.g., to the extent permitted by and in accordance with applicable law, the information he or she provides will be used for future communications from Penningtons as described in Section 6.g.
25. For an additional set of the Rules and/or the Winners’ names, visit the Contest Page or the Website or send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included) to: Reitmans (Canada) Limited, 250 Sauvé Street West, Montréal, Québec H3L 1Z2; ATTENTION: Penningtons Customer Service.