Dare to Wear Contest

Rules & 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 who are at least eighteen (18) years of age 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 these 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 from August 1st, 2016 at 12:00 a.m. (Eastern time) to August 31st, 2016 at 11:59 p.m. (Eastern time) (the “Entry Deadline”), the whole as more fully set forth in Section 6 below.
6. In order to enter for a chance to win the one (1) Prize (defined below), each entrant must, by the Entry Deadline:

1. Take a photograph (the “Photograph”) of his/herself wearing a daring outfit
2. upload the photograph and include the hashtag #DareToWear (the “Hashtag”), subject to the conditions set forth herein, including Section 8 (the Photograph with the Hashtag, collectively, “Contest Media Package”);
3. if uploaded on Twitter or Instagram, ensure his or her Twitter or Instagram account is public

7. The Contest Media Package can only display the entrant and cannot include one or more third parties or contain any visible logos, drawings, cartoons, phrases, trademarks or any other unauthorized third-party materials other than the Penningtons logo and brand. The Contest Media Package may be used internally by Penningtons, in whole or in part, for its own employee training and publicity purposes, as reference for Penningtons buying agents and in connection with the Compilation (defined below). Nothing herein will obligate Penningtons to use the Contest Media Package, in whole or in part.
8. Penningtons reserves the right to disqualify any entrant whose Contest Media Package contains, whether in whole or in part, obscene, defamatory, libelous, threatening, pornographic, profane, lewd, violent, illegal, fraudulent, graphic or vulgar content, slander, nudity, violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations 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 or with the Penningtons brand.
9. By uploading his or her respective Contest Media Package as set forth in Section 6, each entrant:

• represents and warrants that he or she is the sole unrestricted owner of the Contest Media Package and has the right to upload it on the Website for the purposes of this Contest as set out in the Rules;
• represents and warrants that he or she has obtained all rights, authorizations or consents required in connection with the use and display of the Contest Media Package for the purposes set out in the Rules;
• represents and warrants that the Contest Media Package is original and has not been previously published nor has it won any award;
• represents and warrants that the Contest Media Package or any component thereof does not violate or infringe upon the intellectual property or other rights of any third party, including copyrights, trademarks, logos or rights of privacy or publicity;
• represents and warrants that the Contest Media Package is appropriate for family viewing and presents content that, at Penningtons’s sole and absolute discretion, is suitable for the public at large;
• represents and warrants that the Contest Media Package complies with the Rules, including Section 7; and
• grants to Reitmans, its subsidiaries, successors, assigns, agents and licensees, without limitation and in perpetuity, the irrevocable right and license to incorporate, use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately transmit, have transmitted, create derivative works based upon, and promote his or her Contest Media Package, in whole or in part, without additional compensation or consideration of any kind, for all purposes including, without limiting the generality of the foregoing, as part of a video compilation tribute displayed on the Website, the Fan Page (as defined below) and/or any other Penningtons and/or Reitmans online social networking and media marketing web pages from February 15, 2016 to February, 2016, other purposes set out herein in connection with the Contest as well as in, and in connection with, the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world, whether now known or hereinafter devised, including without limitation, the Website, Penningtons’s and/or Reitman’s facebook page (the “Fan Page”) and/or any other Penningtonsand/or Reitmans online social networking and media marketing web pages, for Penningtons employee training and publicity purposes, as reference for Penningtonsbuying agents and all forms of print, radio, television, home-video, CD ROM, DVD, and other digital or interactive “electronic” media, in perpetuity, without restrictions as to changes or alterations thereof (except where prohibited by law).

10. Each entrant hereby releases, discharges and saves harmless Reitmans from any and all claims, demands, actions, causes of action, damages, liabilities, costs, losses and expenses without limitation, including as may be related to invasion of privacy, infringement of his or her rights of publicity or personality, defamation, libel, slander and/or any other personal, moral and/or property rights in any way arising out of his or her participation in the Contest and the use of the Contest Media Package by Reitmans in connection therewith. Without limiting the foregoing, each entrant hereby waives all moral rights in and to the Contest Media Package to the fullest extent permissible by law, including without limitation, the right to prevent any modifications, adaptations, additions, or deletions to the Contest Media Package or any right of inspection or approval in respect thereof.
11. All eligible entries (Contest Media Packages) for the Contest must be received by Penningtons by the Entry Deadline and must comply with the terms hereof. All entries become the property of Reitmans. 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.
12. Only one (1) entry per entrant is permitted and all additional entries will be disqualified. For greater certainty, it is understood that all additional entries 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.
13. Two (2) prizes (the “1st 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 two hundred dollars ($200.00) to be used at any participating Penningtons store across Canada (collectively, the “Stores” and each, a “Store”). The retail value of the Prize is two hundred dollars ($200.00).
14. Prize (2nd prize):
    1. The Airfare will include any connecting flights between the Departure Airport and the Destination Airport.
    2. The Trip will not include, and as such the Grand Prize Winner will be responsible for, any transportation (whether ground, air or otherwise) other than the Transportation, including, without limitation, to the Departure Airport prior to the departure for the Trip (including between the Grand Prize winner’s residence and the Departure Airport) and from the Departure Airport upon return therefrom;
    3. The duration of the Trip will be two (2) days and one (1) night. All of the elements of the Trip are subject to availability as well as any national or local statutory holidays or any blackout periods which may apply;
    4. IF THE GRAND PRIZE WINNER RESIDES WITHIN THREE HUNDRED (300) KILOMETERS OF THE DESTINATION, (I) THE AIR TRANSPORTATION PROVIDED IN SECTION 15(i) MAY BE SUBSTITUTED BY GROUND TRANSPORTATION OR OMITTED AT PENNINGTONS’ SOLE AND ABSOLUTE DISCRETION; AND/OR (II) THE ACCOMMODATIONS PROVIDED IN SECTION 15(ii) MAY BE OMITTED AT PENNINGTONS’ SOLE AND ABSOLUTE DISCRETION. FOR GREATER CERTAINTY AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT THE AIRFARE, AIRPORTS, AIRLINE CARRIER, ACCOMMODATIONS, TRANSPORTATION AND ACTIVITIES WILL BE DETERMINED AT PENNINGTONS’ SOLE AND ABSOLUTE DISCRETION AND PENNINGTONS RESERVES THE RIGHT, IN THEIR SOLE AND ABSOLUTE DISCRETION, TO CHANGE ANY ELEMENT OF THE TRIP IN THE EVENT THAT REASONABLE AIRFARE, ACCOMMODATIONS OR TRANSPORTATION CANNOT BE OBTAINED OR IN THE CASE OF ANY  OTHER CIRCUMSTANCES BEYOND PENNINGTONS’ CONTROL. ADDITIONAL GOVERNMENT RESTRICTIONS AND REGULATIONS OR HOTEL, AIRLINE CARRIER, AIRPORT OR OTHER TRANSPORTATION RESTRICTIONS AND REGULATIONS MAY APPLY;
    5. The Grand Prize Winner and his or her selected friend must (i) have valid travel documents prior to ticketing; (ii) have the right to exit from and return to his or her initial departure location and enter and exit from the Destination as well as any other possible stop-over locations; and (iii) have at least one (1) major credit card in good standing, in order to, inter alia, cover any incidentals or any other requirements at the Hotel;
    6. Penningtons does not assume any responsibility whatsoever and in no event will Penningtons be held liable (i) for any delays or cancellations of the Trip or the Meet and Greet due to inclement weather or any other cause beyond Penningtons control; (ii) in the event that the Grand Prize Winner is denied entry to or exit from any Airport, the Hotel, the Meet and Greet or any other stop-over location or readmission into his or her initial departure location, any Airport, the Hotel, or the Meet and Greet for any reason whatsoever; and (iii) any other circumstances beyond Penningtons’ reasonable control;
    7. For greater certainty, a Trip cannot occur outside the Trip Dates. Once booked, a reservation for the Trip may not be rescheduled, changed, extended or substituted other than by Penningtons in their sole and absolute discretion. Some additional restrictions may apply; and for greater certainty and without limiting the generality of the foregoing, Penningtons will not be responsible for any other expenses not specifically mentioned herein related or incidental to the receipt and use of the Trip, including without limitation, any ground transportation other than the Transportation, meals and beverages, airport and departure taxes, any other taxes or fees, insurance (including baggage, travel and medical), telephone (including long distance charges), internet or fax charges, personal services or expenses such as laundry, valet, room service, gratuities, items or other expenses of a personal nature, any additional hotel accommodations, optional tours or excursions, and any other costs not specifically mentioned herein as forming part of the Trip, all of which will be the sole responsibility of the Grand Prize Winner.
15. A) The maximum total retail value of the Prize (2nd) is six thousand dollars ($6,000) (including applicable taxes and fees). The actual retail value of the Prize will vary depending, inter alia, on the actual costs relating to the elements of the Trip (including the actual cost of the Airfare, Accommodations, Transportation and Activities), and, as mentioned in Section 17e, whether air transportation is substituted by ground transportation or omitted or whether the Airfare or the Accommodations are omitted. IT IS UNDERSTOOD THAT IN NO EVENT WILL THE TOTAL VALUE OF THE GRAND PRIZE EXCEED SIX THOUSAND DOLLARS ($6000) (INCLUDING APPLICABLE TAXES AND FEES). A GRAND PRIZE WINNER WILL NOT BE ENTITLED TO RECEIVE THE BALANCE OF ANY AMOUNT REPRESENTING THE DIFFERENCE BETWEEN THE GRAND PRIZE’S MAXIMUM TOTAL RETAIL VALUE AND THE GRAND PRIZE’S ACTUAL COST, WHETHER IN CASH, GIFT CARDS (INCLUDING GIFT CARDS) OF ANY KIND OR OTHERWISE. (B) In addition, should the Grand Prize Winner choose to decline the Trip or any part thereof or the Meet and Greet or any part thereof, another winner will be selected. No frequent flyer miles will be available for the Trip.  (C) The maximum total retail value of all of the Prizes awarded in connection with the contest is six thousand dollars ($6,000). (E) The Contest will have one (1) Grand Prize Winner
16. For purposes of awarding the Prize, 1 random draw will be conducted at the head offices of Penningtons in Montréal, Québec at the start of September, 2016 at approximately 10:00 a.m. (Eastern time) (the “Draw Date”), in order to select the Winner from among all of the eligible entries received by the Entry Deadline.
17. For the purposes of claiming the Prize, the selected Winner will be contacted by e-mail within five (5) business days following the Draw Date (the “Claim Date”). If the Prize Winner cannot be reached by the Claim Date for any reason whatsoever, the Prize 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 an alternate Prize Winner by a random draw conducted by Penningtons until such time as contact is made by e-mail with such newly selected Prize Winner. Penningtons will not be responsible for failed attempts to contact the Prize 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 the Prize cannot be awarded to the Prize 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.
18. Penningtons reserves the right to verify eligibility qualifications of any entrant or Prize Winner. In addition to the eligibility qualifications set forth in Section 3, the Prize 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 6d(iv). 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 the Prize awarded hereunder, the Prize Winner may be required to execute (and notarize if required under applicable law) 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 the Prize or any component thereof awarded to the Prize Winner, as well as satisfy any and all laws and regulations and other criteria required by the Prize Winner’s province or territory of residence (the “Release”). Should the Prize Winner not comply with the Rules (including if any one of the representations contained in Section 9 is false or cannot be made), decline his or her Prize or any part thereof for any reason whatsoever, not claim the 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, the Prize 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, Reitmans will have no further obligation to the Prize Winner in question and may decide, in its sole and absolute discretion, to select a new Prize Winner as set forth in Section 15 and the terms and conditions of Section 15, Section 16 and Section 17 herein will apply mutatis mutandis to such newly selected Prize Winner.
19. The Prize Winner will be entitled to be awarded his or her Prize on the date on which the eligibility qualifications of the Prize Winner have been satisfied in accordance with Section 16 herein (the “Award Date”). The Prize will be sent to a Prize Winner by registered mail or courier to the address provided by the Prize Winner (a signed acknowledgment of receipt at the delivery location will be required) on or around February 29, 2016. Penningtons reserves the right to modify, in its sole and absolute discretion, the method of delivery of the Prize described in this Section 17 in the event that it is not possible due to any cause beyond the control of Penningtons. The Prize Winner’s name and/or photograph = (including the Photograph) may appear on the Website, the Fan Page, and/or any other Penningtons and/or Reitmans online social networking and media marketing web pages (including as part of the Compilation) for no less than thirty (30) days following the Award Date.
20. No cash, product substitution or prize equivalent will be permitted. The Prize cannot be combined or used in conjunction with any other contest or offer. The Prize must be accepted as is, and cannot be redeemed for cash, prepaid cards, or gift cards (including Gift Cards) of any kind, in whole or in part. No component of a Prize may be returned after pick-up or delivery, as applicable. No rain checks will be provided. No refund or compensation of any costs or expenses incurred by a Prize Winner will be made. Choices of styles, sizes, colours and types of products and merchandise which may be purchased with a Gift Card is subject to availability.
21. 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 one (1) Prize will be awarded in connection with the Contest.
22. By entering the Contest, all entrants (A) irrevocably grant to Reitmans the right (i) to include their name and information (including e-mail address) on any of Reitmans’ mailing/e-mail lists and for any live person to person and Automatic Dialing-Announcing Device calls, in each case for all purposes required in connection with the Contest and, to the extent permitted by and in accordance with applicable law, for promotional purposes relating to Reitmans, and (ii) to use their name in any publicity carried out by Reitmans, and (B) agree to grant to Reitmans a non-exclusive irrevocable license and right to incorporate, use and reproduce, in whole or in part, their photograph (excluding the Contest Media Package which is dealt with in Section 9(vii), voice, name, actual or simulated likeness, biographical information, city or original hometown and province or territory of residence, without additional compensation or consideration of any kind, for the purposes set out herein in connection with the Contest as well as in, and in connection with, the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world whether now known or hereinafter devised, including without limitation, the Website, the Fan Page, and/or any other Penningtons and/or Reitmans online social networking and media marketing web pages, and all forms of print, radio, television, home-video, CD ROM, DVD, and other digital or interactive “electronic” media, in perpetuity. Those individuals who do not wish that their personal information be used for such purposes are required to so indicate in writing to Penningtons at the following address: 250 Sauvé Street West, Montréal, Québec, H3L 1Z2; ATTENTION: Penningtons Customer Service. For further information regarding the use of an entrant’s personal information by Penningtons and/or Reitmans, please refer to the Privacy Policy on the Website.
23. 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) will be the sole responsibility of the Prize Winner. Penningtons reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due in connection with the Prize. 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 the Prize Winner. The Prize and every component thereof is non-refundable, non-transferable and may not be reissued or revalidated in whole or in part.
24. Reitmans 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 Website, the Contest Tab or the Contest Page, any computer online systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Reitmans 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.
25. 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 Fan Page, the Contest Tab or the Contest Page), 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 Fan Page, the Contest Tab, the Contest Page 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. CAUTION: 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, REITMANS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
26. 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. The Prize 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.
27. All entrants assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize granted herein, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to the 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 the 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.
28. 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 any other contact information. All corrections to the contact information of an entrant must be received by Penningtons by the Entry Deadline.
29. 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.
30. 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.
31. 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 c.v, the information he or she provides will be used for future communications from Penningtons as described in Section 6.c.v to the extent permitted by and in accordance with applicable law.
32. For an additional set of the Rules and/or the Prize Winner’s names, visit 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.