ENTER TO WIN A KITCHENAID® COUNTERTOP APPLIANCE – RULES AND REGULATIONS
THE “Win a KitchenAid® Countertop Appliance” CONTEST
THIS CONTEST IS OPEN ONLY TO SELECT RESIDENTS OF CANADA (EXCLUDING QUEBEC) AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
1. CONTEST PERIOD:
The “Win a KitchenAid® Countertop Appliance” Contest (the “Contest”) begins on May 15, 2017 at 12:00:01 a.m. Eastern Time (“ET”) and ends on July 10, 2017 at 11:59:59 p.m. ET (the “Contest Period”).
Contest is open to residents of Canada (excluding Quebec) who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Whirlpool Canada LP (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual or entity involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
4. HOW TO ENTER:
NO PURCHASE NECESSARY. There are two (2) ways to earn an Entry (each, an “Entry” and collectively, the “Entries”) in the Contest, as follows:
1) Online Registration Entry: Online entry is only available to those eligible entrants who register a KitchenAid® appliance that has not previously been registered and opt-in to receive notifications of special offers, events, brands products and services from Whirlpool Canada. To enter, go to https://www.kitchenaid.ca/en_CA/customer-service/register-products/ (the “Website”) and follow the on-screen instructions to complete the registration form with all required information, which includes a requirement to: (i) enter your full name, full address, valid email address, and valid ten (10) digit telephone number; (ii) enter the model number, serial number and purchase date of your KitchenAid® appliance; (iii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules; and (iv) check the opt-in box to receive future promotional communications from the Sponsor (PLEASE NOTE – you must select the opt-in box in order to receive a valid Entry and have a valid opt-in status at the time of the random draw. Next, click the “Submit” button.. IMPORTANT NOTE: For clarity, any KitchenAid® appliance that has been previously registered (as determined by the Sponsor in accordance with its official records) will not be eligible as an entry into this Contest.
2) No Purchase Mail Entry: You may enter the Contest by printing your first and last names, telephone number, and valid email address on a plain white piece of paper and mailing it (in an envelope with sufficient Canadian postage) along with a minimum fifty (50) word unique and original handwritten essay on how KitchenAid® products could be used to make food preparation a breeze, to: Win a KitchenAid® Countertop Appliance Contest, P.O. Box 4099, Paris, ON N3L 3W9 (collectively, a “Request”). . To be eligible, a Request must be received no later than July 10, 2017. The Released Parties (as defined below in Rule 5) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Requests (all of which are void). No mechanically reproduced Requests or facsimiles will be permitted.
To be eligible, your Entry must be submitted and received in accordance with these Rules.
5. ENTRY LIMIT:
There is a limit of one (1) Entry per household. Only one (1) email address may be used to enter the Contest. 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 attempted to: (i) obtain more than one (1) Entry (regardless of the method of entry); and/or (ii) use multiple names, identities, email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
All Entries and entrants 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 Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Request and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of 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 this Contest will be the official time-keeping device(s) used by the Sponsor.
There is one (1) Prize available to be won consisting of the winner’s choice of one (1) of the following KitchenAid® Appliances:
1) KitchenAid® Artisan® Series Stand Mixer
• Manufacturer’s suggested retail price (“MSRP”): $599.99
• For more information, please see: http://www.kitchenaid.ca/en_CA/shop/-[KSM150PSWH]-2101208/KSM150PSWH/
• Choice of White (WH), Empire Red (ER), Onyx Black (OB), Metallic Chrome (MC) (colour selection subject to availability)
2) KitchenAid® Professional Series Blender
• MSRP: $529.99
• For more information, please see: http://www.kitchenaid.ca/en_CA/shop/countertop-appliances-1/countertop-appliances-2/blenders-3/-[4KSB7068OB]-5923096/4KSB7068OB
3) KitchenAid® 7-Cup Food Processor
• MSRP: $169.99
• For more information, please see: http://www.kitchenaid.ca/en_CA/shop/-[KFP0711OB]-2100666/KFP0711OB
• Choice of White (WH), Empire Red (ER), Onyx Black (OB), Contour Silver (CU) (colour selection subject to availability)
The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater retail value.
8. ELIGIBLE WINNER SELECTION (RANDOM DRAW):
On July 10, 2017 (the “Draw Date”) in Brantford, ON at approximately 12:00 p.m. ET, one (1) eligible entrant will be selected by random draw by an independent judging organization from among all eligible Entries submitted and received in accordance with these Rules. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
9. ELIGIBLE WINNER NOTIFICATION:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact the eligible winner within five (5) business days of the Draw Date by telephone. If the eligible winner cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
10. WINNER CONFIRMATION:
BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, the eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet. If the eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified and will forfeit all rights to the Prize and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 8(in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
11. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. .
The Released Parties will not be liable for: (i) any failure of the Website and/or any other website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Request and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
In the event of a dispute regarding who submitted an online Entry, the Entry will be deemed to have been submitted by the authorized account holder of the email address associated with the Entry in question. Authorized account holder is defined as the person who is assigned to an email account 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 applicable email address (as applicable) (“Authorized Account Holder”). An entrant may be required to provide proof (in a form acceptable to the Sponsor) that he/she is the Authorized Account Holder of the email address (as applicable) associated with the Entry in question.
The Sponsor reserves the right, in its sole and absolute discretion, to cancel, withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be 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 Contest, 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.
The Sponsor reserves, in its sole and absolute discretion, the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Request, and/or other information 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 Contest 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 Contest-related materials the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.