Contest: “Friday FREE- esta” by Swimco
OPEN TO LEGAL RESIDENTS OF CANADA (Excluding Quebec) WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED. NO PURCHASE NECESSARY TO ENTER.
FREE-Esta Friday (the “Contest”) commences biweekly at 12:00:00 AM Mountain Daylight Time (“MDT”) on the second Monday (first “Contest Period”) and fourth Monday of every month (second “Contest Period”) (“Contest Start Date”), and ends at 12:00:00 PM MDT on the second Friday (first “Contest Close Date”) and fourth Friday of every month (second “Contest Close Date”) (the “Contest Period”). All entries must be received by 12:00:00 PM MDT on the second Friday (first “Contest Close Date”), and by 12:00:00 PM MDT on the fourth Friday (second “Contest Close Date”). Entries submitted past 12:00:00 PM MDT on the second Friday (first “Contest Close Date”), and by 12:00:00 PM MDT on the fourth Friday (second “Contest Close Date”) will not be accepted and will be destroyed. Contest periods are subject to change at the sole discretion of Swimco.
HOW TO ENTER THE CONTEST
The Contest is administered and sponsored by Swimco. (“Swimco” or “Sponsor”).
To be eligible, you must be a verifiable legal resident of the country of Canada, who has reached the age of majority in your province or territory of residence (“Entrant”) and you must not be an employee of the Sponsor, its advertising, contest and public relations agencies, or a member of the immediate family or household of such employees. For purposes of these Rules, “member of the immediate family” means spouse, father, mother, son, daughter, brother and sister of the Entrant, whether or not they are part of the same household.
RANDOM DRAWING & WINNER SELECTION
Immediately following the Contest Close Date, on 12:00:00 PM MDT on the second Friday (first “Contest Close Date”), and by 12:00:00 PM MDT on the fourth Friday (second “Contest Close Date”) (“Judging Date”), one (1) Entrant (the “Contest Winner”) will be selected by a random draw performed by the Sponsor(s) in its sole discretion. The random draw will take place at Swimco Aquatic Supplies Head Office., 6403 Burbank Road SE, T2H2E1. The Sponsor(s), whose decisions will be final, shall declare the Contest Winner according to the following Criteria:
- Email Address selected in a random draw
- Confirmation that Entrant is not in violation of Official Rules
- Confirmation that Entrant is not in violation of Entry Content Restrictions
Contest Winner from the first contest period will be notified on the second Friday (first “Contest Close Date”). The contest winner from the second contest period will be notified on the fourth Friday (second “Contest Close Date”) via email communication. If the Contest Winner does not respond to the email notification within 48 hours, a new Contest Winner may be selected and the original Contest Winner will be declared ineligible.
There is a total of One (1) Prize (“Prize”) available to be won in connection with each “Friday FREE-esta” Contest. The Contest Winner will receive a Prize package consisting of the item or items as outlined on the contest webpage pertaining to that particular contest draw. The one prize will typically consist of one swimsuit, but will vary by week.
Prize Winner will be notified by e-mail. Upon receipt of the Prize, the Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules, and regulations, including, without limitation, all applicable federal, provincial and local taxes.
The Prize has no cash value and is non-transferrable.
If there is a dispute as to the identity of an online Entrant, the prize will be awarded to the authorized account holder of the e-mail address. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the member account.
ENTRY CONTENT RESTRCITIONS
By entering, Entrants agree to abide and be bound by these Contest Rules. Entrants further agree to abide and be bound by all decisions of Sponsor, which shall be final and binding, without right of appeal, in all matters relating to this Contest and the awarding of a Prize.
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant it finds to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any attempt by an entrant or any other individual to deliberately damage any website associated with this contest or to undermine the legitimate operation of this contest may be a violation of criminal and/or civil laws. Should any such attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
USE OF COLLECTED INFORMATION
Entrants in the Contest (the “Participants”) assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor. Participants agree to these Official Rules and to all decisions of Sponsor, or its designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Contest Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Contest or participation in any Contest-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose.
Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to change, cancel, terminate or suspend the Contest. The Sponsor and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Contest or by technical or human error which may occur and/or which may damage a user’s system or limit a Contest Participant’s ability to participate and/or redeem prizes in the Contest. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Contest, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Contest and Contest. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Participants to the fullest extent of the law.
By accepting prizes, winners agree that Sponsor may use each winner’s name, likeness, photograph and/or biographical information, without limitation, for Contest purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the winners’ responsibility. Prize is not transferable. Prize is awarded “as is” with no warranty or guarantee express or implied. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners. No prize, cash or other substitutions allowed except at Sponsor’s sole discretion – Sponsor may substitute a prize of equal or greater value. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Contest, as applicable, or to disqualify any Participants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Participants who are disqualified due to such an action.
LIMITATION OF LIABILITY
Sponsor is not responsible for lost, stolen, late, misdirected, incomplete, illegible, damaged, garbled or irregular entries, or for any entries not received or not processed for any reason, including any technical or human error. Under no circumstances, including negligence, shall the Sponsor be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Contest website or otherwise participate in the Contest.
Sponsor is not responsible for any errors, omissions, incorrect or inaccurate information in these Contest Rules, other Contest-related information, including printing or advertising, and other equipment or programming associated with or used in the Contest.
During the Contest Period, Sponsor is not responsible for any: failure of the Internet; problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; failure of any email to be transmitted or received; technical problems or traffic congestion on the Internet or at any Website or in-store computer kiosk or combination thereof, including injury or damage to an Entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material, regarding the Contest.
Except where prohibited, by participating Entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the Province of Alberta without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to the Contest, or awarding of the prizes, shall be filed only in the provincial courts located in the Province of Alberta and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
This Contest is sponsored by SWIMCO, having a place of business at 6403 BURBANK ROAD SE, Calgary, Alberta, Canada, T2H 2E1.