BROADWAY ACROSS CANADA® OCTOBER FAN FRIDAY SWEEPSTAKES
Please read these rules before entering the Sweepstakes. By entering and participating in the Sweepstakes, Entrant agrees to be bound by these Official Rules and represents that Entrant satisfies all of the eligibility requirements set forth below.
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT OR SERVICE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. Open only to legal residents of Canada (excluding Quebec) who are at least the age of majority in their jurisdiction on the date of entry into this sweepstakes and who have an active Facebook or Instagram account (each, an “Entrant” or collectively the “Entrants”). The following persons are not eligible to participate in this Sweepstakes or be awarded a Prize (as defined below) or to use the Prize: Employees, officers and directors of the Excluded Entities (as defined below), as well as their immediate family members (including their spouses, siblings, children and parents, regardless of where they live or whether they are related by blood or law) or members of the same households (whether related by blood or law or not). The “Excluded Entities” shall mean: Eagle Eye Entertainment Inc. (d/b/a Broadway Across Canada) (the “Sponsor”), Prize Provider (as set forth in Section 11 below), and their parent and affiliated companies, agents, franchisees, licensees, successors and assigns, distributors, sponsors, vendors and suppliers; Sponsor’s advertising, marketing and promotions agencies; and any other individual or company involved in the development or execution of this Sweepstakes. All federal, provincial and municipal laws, rules and regulations of Canada apply. This Sweepstakes is void outside of Canada, in Quebec and wherever else prohibited by law.
2. SWEEPSTAKES PERIOD: The Broadway Across Canada October Fan Friday Sweepstakes (the “Sweepstakes”) begins at 10:00 a.m. ET and ends at 11:00 p.m. ET on October 25, 2019 (the “Sweepstakes Period”). Sponsor’s clock is the official time-keeping device for the Sweepstakes.
3. METHOD OF ENTRY: Enter the Sweepstakes during the Sweepstakes Period by one or both of the following methods:
(a) Entrant may enter the Sweepstakes by following the Broadway Across Canada® page at https://www.facebook.com/BroadwayAcrossCanada/ (the “Facebook Page”), searching for the post announcing this Sweepstakes and leaving a comment that includes the title of a song from Dear Evan Hansen, #BACFanFriday and #Sweepstakes to receive one (1) entry for the Sweepstakes (an “Entry”). Entrant must have a Facebook account to enter using this method. If Entrant does not have a Facebook account, they can register for free at https://www.facebook.com/. Entrant can access Facebook for free through a web browser or with the free Facebook mobile app.; and/or
(b) Entrant may enter by accessing Instagram through their Instagram account and following the links and instructions to become a follower of @bactouring, available at https://www.instagram.com/bactouring/ or @bactouring on the Instagram app (if they are not already following this account) (the “Instagram Page” and together with the Facebook Page, the “Entry Sites”). Next, Entrant may go to the post on the Instagram Page promoting this Sweepstakes and post a reply that includes the title of a song from Dear Evan Hansen, #BACFanFriday and #Sweepstakes. Entrant must have an Instagram account to enter using this method. If Entrant does not have an Instagram account, they can register for free at https://www.instagram.com/accounts/emailsignup/. Entrant can access Instagram for free through a web browser or with the free Instagram mobile app.
By entering using either or both of the methods above, Entrant submits an Entry into the Sweepstakes, agrees to the Official Rules, and confirms that he or she is eligible to win the Prize. All entries must be submitted before 11:00 p.m. ET on October 25, 2019. Entries submitted via pseudonymous or fraudulent Facebook or Instagram accounts are void. No mechanical reproductions or automated Entries will be accepted. In the event of more than one Entry on each of the Facebook Page or the Instagram Page, the first Entry by an Entrant at each Entry Site will be accepted and all other Entries from that Entrant will be deemed void. Any attempt by an Entrant to obtain more than one (1) Entry on each of the Facebook Page or the Instagram Page by using multiple/different Facebook or Instagram accounts and/or any other method employed to circumvent the letter and spirit of these Official Rules, may result in disqualification of that Entrant from participation in this Sweepstakes. The Sponsor will not verify receipt of Entries into the Sweepstakes. The Entry must comply with the Content Guidelines and Restrictions defined below. By entering the Sweepstakes, each entrant agrees that Entry conforms to the Content Guidelines and Restrictions below and that Sponsor, in its sole discretion, may remove any Entry and disqualify an entrant from the Sweepstakes if it believes, in its sole discretion, that the entrant’s Entry fails to conform to the Content Guidelines and Restrictions.
Content Guidelines and Restrictions for Entries:
- The Entry must be in English;
- The Entry must includes the title of a song from Dear Evan Hansen;
- The Entry must include #BACFanFriday and #Sweepstakes;
- Including any images, videos, links, or other content, or text other than the name or description of a type of pie, #BACFanFriday and #Sweepstakes in an Entry will not increase Entrant’s odds of winning;
- The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Entry must not disparage Sponsor or any other person or party;
- The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where the Entry is created;
- The Entry must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Sweepstakes.
4. DRAW/ODDS: The odds of winning are contingent upon the number of qualified entries received by Sponsor during the Sweepstakes Period. On or about October 28, 2019, a random drawing will be conducted by Sponsor from amongst all eligible entries received during the Sweepstakes Period to choose one (1) potential Prize winner (“Potential Winner”). The Potential Winner will be required to complete and return the Required Documents and complete the Prize Claim conditions as set forth below in order to be declared an official winner (“Winner”).
One (1) Prize will be awarded consisting of a package of assorted merchandise (the “Prize”)
The Approximate Retail Value of all Prizes is $142. All amounts are in Canadian Dollars. Actual retail value may vary. Winner will not receive difference between approximate and actual retail value. NO PRIZE SUBSTITUTION WHATSOEVER BY POTENTIAL WINNER. Sponsor reserves the right to substitute any portion of the Prize with a prize of equal or greater value. Prize is non-transferable; no cash redemptions, exchanges or resales allowed except in the Sponsor’s sole discretion. All unspecified meals, gratuities, travel and any other unspecified costs and expenses associated with the acceptance or use of the Prize are the sole responsibility of Winner. Any unclaimed Prize will not be awarded.
6. WINNER SELECTION/NOTIFICATION: Potential Winner will be notified via Facebook Messenger or Instagram Direct Message on or about 5:00 p.m. ET on October 28, 2019 (“Notification”). Winner must respond by telephone or email to the Notification (as instructed in such Notification) within forty-eight (48) hours after Notification is placed or sent (Sponsor will retain time stamp of Facebook or Instagram messages, telephone and email transmissions), indicating that he/she is eligible and intends to accept and use the Prize. If the Potential Winner does not respond in accordance with these Official Rules, or if he/she is otherwise ineligible as determined by the Sponsor in its sole discretion, an alternate Potential Winner may be selected from among the remaining eligible Entries received during the Sweepstakes Period, and he/she will be notified as outlined above. Where required by law, rule or ordinance, the notification process will be undertaken by Sponsor until a Winner is determined. The Winner will be required to complete and return the Required Documents (as defined below) and to fulfill all other conditions and requirements listed herein.
7. PRIZE CLAIMS: Except where prohibited by law, in order to be the Winner, a Potential Winner must execute and return to Sponsor an affidavit of eligibility/liability/publicity release (the “Release”), and must also submit proof of identity consisting of a copy of government issued photo identification [e.g. a valid driver’s license or passport] (collectively, the “Required Documents”). Potential Winner must deliver the Required Documents to Sponsor in one of two (2) ways: (1) via Facsimile or email (a facsimile number or email address will be provided by Sponsor) and (2) by mailing the Required Documents to Sponsor at the address set forth in Section 10 below. The Required Documents are to be postmarked, in the case of postal mail, or time stamped, in the case of email or facsimile no later than three (3) business days after Sponsor sends the blank Release to the Potential Winner. Potential Winner will also be required to correctly answer a mathematical skill-testing question as well as submit the Required Documents. The math skill-testing question will be administered at a mutually convenient time and must be answered without assistance of any kind. In Sponsor’s sole discretion, a Potential Winner will forfeit the right to claim a Prize and an alternate Potential Winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that Prize if the selected Potential Winner (i) fails to verify eligibility for the Prize in the time required by these rules, (ii) fails to return Required Documents within three (3) business days after Sponsor sends the blank Release to the Potential Winner, (iii) either fails to accept the Prize or declines the Prize (or advises that he/she cannot accept, receive or use a Prize pursuant to the conditions prescribed herein), (iv) fails to correctly answer the mathematical skill-testing question or (v) fails to comply with the Official Rules. By entering this Sweepstakes, each Entrant consents to Sponsor’s use of his/her name, image, likeness, picture, portrait, address (city and province), biographical information, voice and or any statements made by such Entrant regarding the Sweepstakes or Sponsor (regardless of method of production) for advertising and promotional purposes worldwide, in perpetuity, in any and all media now known or hereafter developed, without notice or additional compensation, except where prohibited by law. No more than the number of prizes set forth in these Official Rules will be awarded.
By participating in this Sweepstakes, Entrants agree: [a] to abide by, and be bound by, these Official Rules; [b] to release, discharge and hold harmless Sponsor, Facebook, Instagram, Prize Provider, the producers of Dear Evan Hansen, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, sponsors, successors, representatives, dealers, distributors, advertising, Sweepstakes, and fulfillment agencies, including the consultants and legal advisors (collectively, the “Released Parties”) from and against any and all liability, losses, damages, rights, claims and actions of any kind including liability for personal injury or death resulting from the participation in this Sweepstakes or Winner’s acceptance, use or misuse of a Prize awarded pursuant to these Official Rules; each Winner assumes the risk associated with the participation in this Sweepstakes and the use of any Prize awarded; and [c] that the decisions of Sponsor relating to this Sweepstakes and the Prize shall be final and binding in all respects, including without limitation the interpretation of these Official Rules.
Released Parties shall not be liable for [i] electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction of this Sweepstakes; [ii] unauthorized access to or alterations of entry materials; [iii] technical, network, telephone equipment, electronic, computer, hardware or software malfunctions; and [iv] limitations of any kind or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof (including, without limitation, any damage to an Entrant’s or any other person’s computer relating to or resulting from entering or participating in the Sweepstakes or downloading materials from any Entry Site).
Released Parties are not responsible for lost, late, incomplete, incorrect, damaged, misdirected, or illegible Entries or any condition caused by events beyond the control of the Released Parties that may cause the Sweepstakes to be disrupted, corrupted, postponed or cancelled (including any human or other error in the drafting or printing of these Rules). Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that the Entrant is attempting to undermine the legitimate operation of the Sweepstakes, including but not limited to, by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrant, Sponsor, or any Released Parties. Entries that contain false information, are incomplete, inaccurate, forged, defective, or made in ways not authorized hereunder, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If, for any reason whatsoever, this Sweepstakes, in Sponsor’s sole opinion, is not capable of being executed in accordance with these Official Rules, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, legal claims, prevailing law or judicial process, or any other cause which, in the Sponsor’s sole judgment, corrupts, affects, or jeopardizes the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes, modify these Official Rules, and/or limit Entries to those submitted prior to the action taken by Sponsor, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event of a dispute about the identity of an Entrant, the online Entry will be assigned to the Authorized Account Holder of the Facebook or Instagram account submitted at the time of entry.
“Authorized Account Holder” is defined as the natural person to whom an email address is assigned by either an Internet Service Provider, online service provider, or other organization (e.g. Google, Yahoo, business or educational institution) that is responsible for assigning email addresses for the domain name associated with the submitted email address. Federal, municipal and local laws, rules and regulations may apply. Void where prohibited or to the extent restricted by law.
9. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES:
By entering the Sweepstakes, Entrants agree that (a) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, will be resolved individually, without resort to any form of class action; (b) ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. SPONSOR: Eagle Eye Entertainment Inc., 290 Picton Avenue, Suite 103, Ottawa, Ontario K1Z 8P8.
11. PRIZE PROVIDER: Eagle Eye Entertainment Inc., 290 Picton Avenue, Suite 103, Ottawa, Ontario K1Z 8P8.
13. RULES: You may also obtain a copy of these Official Rules by mailing a self-addressed stamped envelope to: Broadway Across Canada October Fan Friday Sweepstakes Rules, c/o Eagle Eye Entertainment Inc., 290 Picton Avenue, Suite 103, Ottawa, Ontario K1Z 8P8. A request for these Official Rules is to be received by Sponsor or before 10:00 a.m. ET on October 28, 2019. This offer shall not be published without permission of the Sponsor.
14. CHOICE OF LAW & DISPUTE RESOLUTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the laws of Ontario without giving effect to any choice of law or conflict of law rules (whether of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ontario. Disputes, claims and causes of action arising from or in connection with the Sweepstakes or the Rules, including, without limitation, relating to any Prize awarded or not awarded, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration in Toronto, Ontario, by a single arbitrator in accordance with the Expedited Arbitration Rules of the Canadian Arbitration Association. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees. The arbitration shall be held in Toronto, Ontario and shall proceed in accordance with the provisions of the Arbitration Act of Ontario. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
15. INTELLECTUAL PROPERTY: Broadway Across Canada® is a registered service mark of John Gore Theatrical Group, Inc. All other trademarks used herein are the property of their respective trademark owners. All rights Reserved.
©2019 Eagle Eye Entertainment Inc. All Rights Reserved
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