Penningtons and Skechers Wellness Retreat Contest

Rules & Regulations

Penningtons and Skechers Wellness Retreat 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 (i) are legal or permanent residents of Canada; and (ii) 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 Skechers and Reitmans (Canada) Limited (the owner of the “Penningtons” division) and all of their 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 jurisdiction 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. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations between the entrant and Reitmans in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Québec.
5. The Contest will be open from January 2, 2018 to January 30, 2018, online only, from 12:01AM ET on January 2, 2018 to 11:59pm ET on January 30. Contest entries can only be submitted via Penningtons’ website (the “Website”). Participants may only submit one contest entry.
6. In order to enter for a chance to win one (1) of ten (12) Prizes (defined below), each entrant must:

• (i) visit the website by the applicable Entry Deadline;
• (ii) complete an official entry form in its entirety (including with all required contact information and the correct answer to the Skill-Testing Question (defined below) included therein); and
• (iii) submit the entry form before the applicable Entry Deadline
• (iv) Share of photo of themselves at the spa they selected, tagging “Penningtons” on social media and/or submit a photo of themselves at the spa they selected for Penningtons to share on social media.

7. All eligible entries for the Contest must be received by Penningtons by the applicable Entry Deadline, must comply with the terms hereof and must have a correctly answered Skill-Testing Question. 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 the Prize will vary depending on the number of eligible entries received by the applicable Entry Deadline.
8. Only one (1) entry per entrant will be 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 will be considered null and void and will cause the disqualification of such entrant from the Contest.
9. One (1) of (12) prizes (the “Prizes”) will be awarded per winner consisting of:

• (i) one Way Spa gift card (collectively, the “Gift Cards”, each, a “Gift Card”) having an aggregate value of one thousand dollars ($1,000.00) to be used, in whole or in part, at any participating Spa across Canada;

10. For purposes of awarding the Prize, one (1) random draw will be conducted on January 31^st, 2018 at the head offices of Reitmans in Montréal, Québec at approximately 11:00 a.m. (Eastern time) (the “Draw Date”) in order to select the Prize winners from among all of the eligible entries received by the applicable Entry Deadline. Each draw may yield one (1) winner for a total of twelve (12) Prize Winners throughout the duration of the contest.
11. For the purposes of claiming the Prizes, the selected Prize Winners will be contacted by telephone or e-mail within five (5) business days of the Draw Date (the “Prize Claim Date”). If the selected Prize Winners cannot be reached by the Prize Claim Date for any reason whatsoever, such selected Prize Winners will be disqualified and deemed to have forfeited the 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 alternate Prize Winners by a random draw conducted by Penningtons until such time as contact is made by telephone or e-mail with such newly selected Prize Winners. Penningtons will not be responsible for failed attempts to contact selected Winners for any reason whatsoever, including, without limitation, if any telephone communication is unsuccessful or not returned or if any e-mail communication is unsuccessful or returned as undeliverable.  If all or part of the Prize cannot be awarded to a 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.
12. 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, each 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 6(ii) 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 Winners 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 any Prize Winner, as well as satisfy any and all laws and regulations and other criteria required by a Prize Winner’s province or territory of residence (the “Release”).  Should a Prize Winner not comply with the Rules, not claim his or her Prize by the Prize Claim Date, incorrectly answer the Skill-Testing Question, decline the Prize or any part thereof for any reason whatsoever, 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 Prize Winner in question and may decide, in its sole and absolute discretion, to select an alternate Prize Winner by a random draw conducted by Penningtons and the terms and conditions of Section 11, Section 12 and Section 13 herein will apply mutatis mutandis to such newly selected Prize Winner.
13. The Prize Winners will be entitled to be awarded the Prizes on the date on which the eligibility qualifications of such Prize Winners has been satisfied in accordance with Section 12 herein (the “Award Date”). The Prizes will be mailed to the Prize Winners at the address provided by the Prize Winners on the contest entry form referred to in Section 6(ii). Reitmans reserves the right to modify, in its sole and absolute discretion, the method of delivery of the Prize to the Prize Winner in the event that the Prize or any component thereof cannot be mailed as described in this Section 13 due to any cause beyond the control of Reitmans. The name of the Prize Winner may appear on penningtons.com (the “Website”) and/or any Penningtons and/or Reitmans and/or Skechers website or Facebook page (as well as any other Pennington and/or Reitmans and/or Skechers online social networking and media marketing web pages) for no less than thirty (30) days following the Award Date.
14. 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 of any kind (including any other Gift Cards), in whole or in part. No component of the Prize may be returned after pick-up or delivery, as applicable. Choices of services, treatments or types of products and merchandise which may be purchased with a Gift Card are subject to availability at the participating spa locations. No rain checks will be provided. For greater certainty and without limiting the generality of anything contained herein, it is understood that the treatments and/or services selected will be determined by the participating spas’ sole and absolute discretion and availability. For greater certainty, it is understood and agreed that Penningtons will not be responsible in any case whatsoever in the event that the spa treatment and/or service is not available or cannot be provided, whether due to the fact that it would exceed the maximum thresholds mentioned in Section 9(ii) and 9(iii) or for any other reason.
15. 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 (12) Prizes will be awarded in connection with the Contest.
16. 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, 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, any Penningtons and/or Reitmans and/or Skechers Facebook page (as well as any other Penningtions and/or Reitmans and/or Skechers 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 Reitmans 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.
17. Except as expressly 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 or local), and any travel or transportation costs (whether ground, air or otherwise) between the Prize Winner’s residence and any participating spa location will be the sole responsibility of the Prize 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 and/or Skechers, will be the sole responsibility of the Prize Winner and no refund or compensation of any such fees, costs or expenses incurred by the Prize Winner will be made. The Prize and every component thereof is non-refundable, non-transferable and may not be reissued or revalidated in whole or in part.
18. 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, on-line, human or technical malfunctions that may occur in the administration of the Contest, 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.
19. 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, (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.
20. 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 institutional, etc.) that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. The Prize Winners may be required to provide Penningtons and/or Reitmans with proof that they are the authorized account holders of the e-mail addresses associated with the winning entries, or forfeit the Prizes.
21. 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 Prizes granted herein or any other prizes that may be awarded in connection with the Contest, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to the Prizes (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.
22. 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 the applicable Entry Deadline.
23. 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.
24. 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 Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
25. For an additional set of the Rules and/or the Prize Winners’ 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.