Meet Tess Holliday CONTEST

Rules and Regulations – Meet Tess Holliday Contest

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 or the 50 United States (excluding Rhode Island) or the District of Columbia that are at  least eighteen (18) years of age and have reached the age of majority in their province,  territory or state 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”) (including, for greater certainty, the Panel (defined below)), 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, territory or state 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, state, 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 on the “Penningtons” Facebook page found at www.facebook.com/penningtons (the “Contest Page”), the whole as more fully set forth below in Section 6, from January 25, 2016 at 6:00 a.m. (Eastern time) to January 31, 2016 at 11:59 p.m. (Eastern time) (the “Entry Deadline”).
6. In order to enter for a chance to win one (1) of the Prizes (defined below), each entrant must, by the Entry Deadline: a)log on to Facebook at www.facebook.com/penningtons , insofar as the entrant’s account, as the case may be, is public so as to enable a public and unrestricted viewing of the Contest Media Package (defined below) for all users of such social media (the “Social Media Mode of Entry”); b)Below the “Meet Tess Holliday” photo post, insert a caption describing what name she would give to Tess Holliday’s pose.
7. An entrant that uses the Social Media Mode of Entry must have a valid Facebook account, as the case may be, at the time of entry and his or her respective Contest Media Package must at all times be in compliance with all applicable policies, rules, terms and conditions of Facebook and their respective functionalities.
8. The Contest Media Package can only display the entrant’s caption 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 and as reference for Penningtons buying agents. Nothing herein will obligate Penningtons to use a Contest Media Package, in whole or in part.
9. 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.
10. By uploading his or her respective Contest Media Package as set forth in Section 6, each entrant:
11. 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 Facebook, as the case may be, for the purposes of this Contest as set out herein; 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 herein; 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’ 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 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 Contest Page, blog.penningtons.com (the “Website”), Penningtons’ Facebook fan page (the “Fan Page”) and/or any other Penningtons and/or Reitmans online social networking and media marketing web pages, for Penningtons employee training and publicity purposes, as reference for Penningtons buying 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).
12. 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.
13. All eligible entries (Contest Media Packages) for the Contest must be received by Penningtons by the Entry Deadline, 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 or, in the case of the Social Media Mode of Entry, not in compliance with the general terms and conditions applicable to Facebook and their respective functionalities, as the case may be, 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.
14. ONLY ONE (1) ENTRY PER ENTRANT IS PERMITTED. All additional entries will be disqualified. For greater certainty, it is understood and agreed 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 and/or Facebook 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.
15. For purposes of awarding the Grand Prize (defined below), on February 8, 2015 at approximately 10 a.m. (Eastern time) (the “SelectionDate”) a panel of judges comprised of three (3)individuals from Penningtons’ marketing department and Tess Holliday (collectively, the “Panel”) will review each eligible Contest Media Package received by the Entry Deadline on the basis of its overall quality and how well it evokes Tess Holliday’s personal style and captures Tess’ brand (the “Criteria”) in order to select, on the Selection Date, at their sole and absolute discretion, the entrant’s whose Contest Media Package best satisfies the Criteria (the “GrandPrize Winner”).
16. Grand 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.
17. A) The maximum total retail value of the Grand Prize is six thousand dollars ($6,000) (including applicable taxes and fees). The actual retail value of the Grand 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
18. For purposes of claiming a Prize, a Winner will be contacted by telephone or e-mail within three (3)business days following the Selection Date or the Draw Date, as the case may be (the “Claim Date”). If a Winner cannot be reached by the Claim Date for any reason whatsoever, such 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 Winner, in which case, if he or she was a Grand Prize Winner, the Panel will select on the basis of the Criteria another Grand Prize Winner from among all of the eligible entries received by the Entry Deadline, Penningtons will conduct a random draw among all of the eligible entries received by the Entry Deadline, in each case, until such time as contact is made in the same manner set out in this Section 19 with such newly selected Winner. Penningtons will not be responsible for failed attempts to contact a Winner for any reason whatsoever, including, without limitation if any 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.
19. Penningtons reserves the right to verify eligibility qualifications of any entrant or Winner. In addition to the eligibility qualifications 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 “SkillTesting Question”) included as part of 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, territory or state of residence (the “Release”). Should a Winner not comply with the Rules or, subject to Section 15  in the case of a Grand Prize Winner, 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, make a false or inaccurate representation or warranty in Section 9, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, such 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 Winner in question and may decide, in its sole and absolute discretion, to select a new Winner as set forth in Section 17 and the terms and conditions of Section 17, Section 18 and Section 19 herein will apply mutatis mutandis to such newly selected Winner.
20. 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 17 herein (the “Award Date”). All information related to the Grand Prize (including how the Grand Prize Winner can receive access to the Meet and Greet) will be sent to the Grand Prize Winner by private Facebook message(acknowledgment of receipt of message will be required) by February 11, 2016. The Spending Money will be delivered to the Grand Prize Winner at the location of the Meet and Greet at the discretion of Penningtons, sent to the Grand Prize Winner by courier to the address provided by the Grand Prize Winner (a signed acknowledgement of receipt at the delivery location will be required) on or around February 26, 2016.
21. 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 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. Except as otherwise provided herein, no refund or compensation of any costs or expenses incurred by a Winner will be made. Except as otherwise provided herein, all expenses related or incidental to the receipt and use of a Prize, including any and all surcharges, fees, taxes (federal, provincial and local), and any travel or transportation costs (whether ground, air or otherwise), will be the sole responsibility of a Winner. Without limiting the generality of the foregoing, all fees, costs, expenses of any kind whatsoever not specifically stated herein to be the responsibility of Reitmans, will be the sole responsibility of a Winner. A Prize is non-refundable, non-transferable and may not be reissued or revalidated in whole or in part. Choices of styles, sizes, colours and types of products and merchandise which may be purchased with a Gift Card are subject to availability.
22. 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) Grand Prize.
23. 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, territory or state 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 Contest Page, 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 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.
24. Reitmans will not be responsible for lost, stolen, mutilated, late, misdirected or ineligible entries that may occur in the administration of the Contest. Reitmans 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 Contest Gallery, 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, 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 Contest Gallery, 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 Facebook account, entries will be deemed to be made by the authorized account holder 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 account by an internet access provider, online service provider or other organization (e.g., business, educational, institutional, etc.) that is responsible for assigning the domain associated with the submitted account. A Winner may be required to provide Penningtons and/or Reitmans with proof that he or she is the authorized account holder of the 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 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 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 the Grand Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
31. 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.
32. For an additional set of the Rules and/or a Winner’s name, 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.