THIS CAMPAIGN IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
IMPORTANT NOTE: By participating in this Campaign, you (and, if you are a Minor [defined below], your parent/legal guardian) are agreeing to be legally bound by the terms and conditions of these Official Campaign Rules and Regulations (the “Rules”).
1. CAMPAIGN PERIOD:
The GOLF CANADA GOLF Campaign (the “Campaign”) begins on April 15, 2015 at 12:00:01 a.m. Eastern Time (“ET”) and ends on December 31, 2015 at 11:59:59 p.m. ET (the “Campaign Period”).
The Campaign is open to anyone who: (i) has reached the legal age of majority in their state/province/territory of residence; or (ii) are eighteen (18) years of age or older, but have not reached the legal age of majority in their province/territory of residence (each, a “Minor”), and whose parent/legal guardian has agreed, on such Minor’s behalf and on his/her own behalf, that each of them will be bound by these Rules. The Campaign is not open to employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of any of the GOLF CANADA GOLF “Sponsors”), their parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Campaign (collectively, the “Campaign Parties”).
NOTE TO MINORS: The Sponsor reserves the right, in its sole and absolute discretion, on a random audit basis or at any time and for any reason, to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Rules on such Minor’s behalf and on his/her parent/legal guardian’s own behalf; (ii) consent to the Minor’s participation in this Campaign; and/or (iii) consent to the collection of the Minor’s personal information. Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may, in the sole and absolute discretion of the Sponsor, result in the disqualification of such Minor.
3. HOW TO PERFORM A SUBMISSION:
NO PURCHASE NECESSARY. To submit a Video (defined below), go to www.golfcanadagolf.ca (the “Website”) and follow the on-screen instructions to: (A) upload your unique and original golf story video (each, a “Video”); and (B) complete and submit the Official Campaign Entry Form (the “Entry Form”), which will require you to provide your email address, first name, last name, language preference, a unique and original profile photo and a unique and original photo that represents your golf story (each a “Photo”) (NB: stock photos will be available if you do not want to your Photos) (collectively, all of the information you submit will be referred to as your “Submission”). To be eligible, your Video and Photos (as applicable) (collectively, your “Content”) must comply with the Content Requirements listed below (as determined by Reviewer [defined below] in its sole and absolute discretion). To be eligible, your Submission must be submitted and received in accordance with these Rules during the Campaign Period (as determined by the Sponsor in its sole and absolute discretion).
4. SUBMISSION LIMIT:
There is a limit of three (3) Submissions per person/email address permitted during the Campaign Period. For greater certainty and the avoidance of any doubt, you can use one (1) email address to enter the Campaign. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has (i) copied someone else’s story, Video and/or Photo; and/or (ii) used multiple names, identities and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Campaign; then he/she may be disqualified from the Campaign in the sole and absolute discretion of the Sponsor. Your Submission may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received during the Campaign Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Submissions (all of which are void).
5. SPONSOR’S RIGHT TO VERIFY:
All Submissions are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Campaign; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Submission entered (or purportedly entered) for the purposes of this Campaign; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Campaign in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Submission in this Campaign will be the Sponsor’s server machine(s).
6. CONTENT REQUIREMENTS:
BY SUBMITTING A VIDEO AND PHOTOS (AS APPLICABLE), YOU (AND, IF YOUR ARE A MINOR, YOUR PARENT/LEGAL GUARDIAN) AGREE THAT YOUR CONTENT COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR CONTENT. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
To be eligible, your Content must be unique and original and must meet the following applicable technical requirements:
Content Type: Video
Maximum Length/Size/Amount: 50 MB
Content Type: Photo
Maximum Size Amount: 50 MB
By submitting a Submission, each participant (and, if he/she is a Minor, his/her parent/legal guardian), hereby warrants and represents that his/her Content:
is original to him/her and that the participant has obtained all necessary rights in and to the Content for the purposes of submitting the Content for the purposes of the Campaign;
does not violate any law, statute, ordinance or regulation;
does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Content, then his/her face must be blurred out or altered so as to be unrecognizable);
will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Content must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the participant are not endorsed by the sponsor); conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen all Content. Any Content that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification (and the corresponding Submission is also subject to disqualification). The Reviewer reserves the right, in its sole and absolute discretion at any time, to modify, edit or remove any Content, or to request a participant to modify, edit and/or re-submit his or her Content (in whole or in part), in order to help ensure that such Content complies with these Rules, or for any other reason. Content will NOT be judged.
By entering the Campaign, each participant (and, if a Minor, his/her parent/legal guardian): (i) grants to the Sponsor, in perpetuity, a non-exclusive, worldwide license to publish, display, reproduce, modify, edit or otherwise use his/her Content, in whole or in part, for advertising, administering or promoting the Campaign or for any other reason (including, without limitation, posting the Video on a public gallery hosted at www.golfcanadagolf.ca and on the Sponsor’s YouTube page); (ii) waives all moral rights in and to his/her Content in favour of the Campaign Parties; and (iii) agrees to release and hold harmless the Campaign Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims that relate in any way to his/her Content – including, but not limited to, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.
9. USE OF CONTENT:
Without limiting the generality of Rule 8, once reviewed by the Reviewer, Content may be posted on the Website and on the Sponsor’s YouTube page for public viewing (as determined by the Sponsor in its sole and absolute discretion). The Campaign is in no way sponsored, endorsed or administered by, or associated with YouTube. You understand that you are providing your information to the Sponsor and not to YouTube. YouTube is hereby completely released of all liability by each participant (and, if he/she is a Minor, his/her parent/legal guardian) in this Campaign.
8. GENERAL CONDITIONS:
This Campaign is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Campaign are final and binding on all participants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Submissions and/or participants. By participating in this Campaign, you (and, if you are a Minor, your parent/legal guardian) are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website during the Campaign; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Submission or other information to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the Campaign; and/or (v) any combination of the above.
By participating in this Campaign, each participant (and, if he/she is a Minor, his/her parent/legal guardian) hereby releases the Released Parties from any and all liability in connection with this Campaign, his/her participation therein and/or the use/misuse of his/her Content or any portion thereof.
In the event of a dispute regarding who submitted a Submission, Submissions will be deemed to have been submitted by the authorized account holder of the email address submitted on the corresponding Entry Form. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A participant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address submitted on the Entry Form in question.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Campaign (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Campaign as contemplated by these Rules. Any attempt to undermine the legitimate operation of this Campaign in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Campaign, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
This section does not limit any other consent(s) that an individual may provide to the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any participant or Submission with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Campaign as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Campaign-related materials; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
Developed in partnership with Golf Canada Copyright 2015.