THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS. BEFORE ENTERING INTO THE ABOVE-NAMED CONTEST (THE “CONTEST”), YOU MUST READ THESE CONTEST RULES (THE “CONTEST RULES”), AND BY SO ENTERING INTO THE CONTEST, YOU ACKNOWLEDGE, AGREE AND ACCEPT THAT YOU ARE BOUND BY THE CONTEST RULES. NO PURCHASE NECESSARY. CORRECT ANSWER TO SKILL-TESTING QUESTION REQUIRED.
- Promoter. The Contest is sponsored by McArthurGlen UK Ltd. located at McArthurGlen Group Nations house, 3rd Floor, London W1U 1WH UK (the “Promoter”).
- Key Dates. The contest period (the “Contest Period”) begins at 12:00AM Pacific Time on 20th, August 2018 (the “Start Time”) and ends at 12:00PM Pacific Time on 3rd September, 2018 (the “Finish Time”). The selection of potential winners will take place on 4th, September, 2018 (the “Draw Date”).
- Eligibility. Void in whole or part where prohibited by law. The Game is open to all legal residents of Canada and the United States (other than those in the Province of Quebec and those jurisdictions where participation in this Contest, or Promoter’s offering of your entry therein, would be prohibited) who have reached the age of majority in their jurisdiction of residence, except that
(a) McArthurGlen Vancouver, its advertising and promotion agencies, McArthurGlen Designer Outlets merchants, any Prize (defined below) sponsor, their respective affiliates and subsidiaries, and their respective employees, officers, directors (together with their immediate family members and those with whom they are domiciled) are ineligible to play, and
(b) if you have won a prize from a McArthurGlen Designer Outlets contest in the twenty-four (24) month period preceding the Finish Time, you are not eligible to play.
- Age of Majority. Your entry into the Contest will be deemed to be a representation that either (a) you are 18 years of age or older or the age of majority in your state, province or territory of residence at time of entry and you meet the eligibility requirements set out above, or (b) you are a minor and have received the consent of a parent or guardian to enter into the Contest, who has entered the Contest on your behalf, and you and your parent or guardian meet the eligibility requirements set out above.
- Entry Forms. To participate in the Contest, you must use official McArthurGlen Designer Outlets entry forms (each a “Form”) that can be found at the Promoter’s website located at www.mcarthurglen.com/en/outlets/ca/designer-outlet-vancouver/back-to-school-contest/ (the “Website”) during the Contest Period.
- Entry. NO PURCHASE NECESSARY; you are not required to purchase anything to enter the Contest and purchasing goods or services from McArthurGlen Designer Outlets or its merchants will not increase your odds of winning. To enter the Contest, you must do at least one of the following:
• Fully complete an online form during contest period (or, if by reason of mental or physical difficulty this would be unreasonably difficult for you, you may have someone do this on your behalf). Each participant may enter up to a maximum of [1 entry per person].
• Like our Back to School contest post on Facebook and tag a friend in the comments and like our Facebook page.
• Follow us on Instagram
• Subscribe to our email newsletter
- Prize. The following Prize (the “Prize" and the approximate retail value (“ARV”) therefore, is available to be won in the Contest:
• One (1) of four (4) Columbia Sportswear gift cards valued at $50.
One prize will be awarded per form of contest entry.
- Odds of Winning. The odds of winning will depend on the number of eligible Forms received by the Promoter during the Contest Period, and would be calculated by taking the total number of Prizes (per “Prize” above) and dividing it by such number of eligible entries. If there is more than one Prize in the Contest (a) your odds of winning will decrease as each Prize is awarded, and (b) your odds of winning any particular prize would be determined by taking the total number of remaining Prizes and dividing it by such number of eligible entries. Your odds of winning become zero, and you shall have no ability to win any Prize, if you are unable to correctly answer the skill-testing question administered in accordance with “Draw Procedure and Prize Claim” set out below.
- Draw Procedure and Prize Claim.
(a) Draw Procedure—On the Draw Date, a representative of the Promoter will draw one Form from the submitted Forms until the Promoter determines, in its reasonable discretion, that the Form is fully compliant with these Contest Rules (and if a Form is not so fully compliant, it will be discarded). The first Prize in the list above (or if there is only one Prize, that Prize) will be assigned to that compliant Form. If there are further Prizes to be awarded in the Contest, this process will repeat for such further Prizes until all Prizes have been assigned to a Form. Please note that if one of your Forms is assigned to a Prize, you will not be eligible to receive any further Prizes in the Contest.
(b) Potential Winner—Each person whose Form has been assigned to a Prize (a “Potential Winner”) per the procedure set out above will be contacted by telephone, email or regular mail using the contact particulars set out on the Form.
(c) Claim Period—Each Potential Winner will have thirty (30) days from the Draw Date to visit the McArthurGlen Designer Outlet Vancouver Airport during McArthurGlen Designer Outlets open hours. You can call 604-231-5525 or visit the Website. To claim the Prize you must visit Guest Services at McarthurGlen Designer Outlet Vancouver Airport. If the Potential Winner does not so claim the Prize within thirty (30) days, the Potential Winner will be deemed to have irrevocably forfeited the Prize, the Form will be discarded and the Promoter has no obligation to award the Prize to the Potential Winner or any other person.
(d) Visit and Skill-Testing Question—In order to claim a Prize, a Potential Winner must present at least one (1) piece of government-issued photo identification (or similar verifiable identification). The Potential Winner must individually answer a time-limited, skill-testing mathematical question without mechanical or electronic assistance before any Prize is awarded.
(e) Prize Winner—Subject to these Contest Rules, if the Potential Winner correctly answers the skill-testing question by complying with the above, the Potential Winner will be given the Prize and will be an official Prize winner (a “Prize Winner”). If the Potential Winner fails to answer the skill-testing question in compliance with the above, the Potential Winner will be deemed to have irrevocably forfeited the Prize, the Form will be discarded and the Promoter has no obligation to award the Prize to the Potential Winner or any other person.
(f) Name and Likeness Consent—Each Prize Winner will have his or her photograph taken and, by participating in the Contest, hereby irrevocably consents to the Promoter publishing and using, and further irrevocably grants to the Promoter the full right and license without any further compensation, to use and publish his or her name, photograph and likeness, as well as any Prize information relevant to the Prize Winner, in perpetuity, in any and all media anywhere in the universe, for all business purposes, including advertising or other publicity purposes, without further consideration, notice or approval.
(g) Further Releases—Each Prize Winner may be required by Promoter, or the relevant Prize sponsor, in its or their sole discretion, to sign full release before being awarded a prize limiting liability and waiving all claims against the Promoter, sponsors and related parties relating to the Contest or the Prizes to be awarded.
- List of Winners. The first names and cities of residence of the Prize Winner(s) will be available for at least 6 months from the Finish Date by contacting the Promoter at 604-231-5525 or by visiting the Guest Services at the McArthurGlen Designer Outlets.
- Taxes. Each Prize Winner will be solely responsible for the reporting and payment of any and all Federal, Provincial, state or local taxes, sales taxes, surcharges, service charges, registration, licensing, processing, insurance premiums, and handling fees, and all other costs incurred in claiming, redeeming, receiving or possessing any Prize. The Promoter accepts no responsibility for any tax implications that may arise from any Prize winnings, and independent financial advice should be sought by the Prize Winner. The Prize Winner will and hereby does hold the Promoter harmless from liability for any failure to timely report and/or pay any taxes arising from participation in this Contest.
- Disclaimer and Limit of Liability. THE PROMOTER MAKES NO (AND HEREBY DISCLAIMS ALL) REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTEST, ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE CONTEST EXCEPT AS EXPRESSLY SET OUT IN THESE CONTEST RULES. THE PROMOTER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE CONTEST, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; OR (III) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED, CORRUPTED OR TAMPERED WITH.
- Release. By participating in a Contest, you hereby release and agree to hold the Promoter, its prize sponsors, the McArthurGlen Designer Outlets merchants, and their affiliates, directors, officers, employees, representatives and agents (collectively, “Released Entities”) harmless from and against any and all claims, costs, injuries, losses or damages (whether due to negligence, breach of contract, tort, or otherwise, and whether or not the possibility of such claims, costs, injuries, losses or damages could have been reasonably foreseen by the Released Entities) of any kind or nature whatsoever, including death and bodily injury and property damage and claims for any direct, punitive, special, indirect, incidental or consequential damages, due in whole or in part, directly or indirectly, to (a) participation in the Contest, (b) the receipt, use or misuse of the Prize, (c) printing errors, clerical, typographical or other error in any materials involved in the Contest or in the offering or announcement of the Prize or in any notice, and (d) other errors of any kind or nature.
- Trademarks. All trade-marks, copyrights and other images displayed are the property of the Promoter or its licensors and used under written or implicit license, and the use of any third-party materials (including such marks) does not imply any endorsement or business relationship by such third party of the Promoter, or vice versa.
- Amendments. The Promoter reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Contest, or to amend these Contest Rules, in the Sponsors’ reasonable discretion, (a) in the event of any accident, (b) if there has occurred or occurs any printing, administrative or other error of any kind, (c) for the proper administration of the Contest, or (d) if at any time there is any evidence of tampering or other unforeseeable event that interferes with the administration of the contest. In such a case, the Promoter will post such amendments at the McArthurGlen Designer Outlets location and on the Website [URL]. Any invalidity, in whole or in part, of any provision of these Rules shall not affect the validity of any other of its provisions.
- Interpretation. In these Contest Rules, (a) the headings of sections are for convenience only and are not intended as a guide to interpretation of these Contest Rules or any part of it, (b) the word “including”, when following a general statement or term, is not to be construed as limiting the general statement or term to any specific item or matter set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope, and (c) times referred to are Pacific Time and all dollar amounts are in Canadian currency
- General Rules. Failure to comply with these Contest Rules may result in disqualification from the Contest in the Promoter’s sole discretion (without creating any obligation of the Sponsors to monitor participation for any particular compliance therewith). This Contest and these Contest Rules shall be at all times governed, construed and evaluated according to British Columbia law. The Promoter is under no obligation to disclose any information in respect of the contest, including the number of entries received, the number of approved entries or any other figures relating to the Contest, except as required by law or as expressly set out in these Contest Rules. The Promoter shall not be liable to any person (including Contest participants) for any delay or failure in its performance caused by circumstances beyond its reasonable control, including (without limitation) Internet performance issues, loss or misdelivery of information (including Forms), power outages or Acts of God. The Promoter reserves right to verify eligibility and entries, as well as disqualify any person who is ineligible, who tampers with the Contest or who acts contrary to the Contest Rules. Disputes involving the Game will be resolved in Promoter’s sole discretion, which is final and binding.
- English Language. The parties have requested and agree that these Contest Rules and all documents relating thereto be drawn up in English / Les parties ont demandé que les règles du concours ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. Any translation of these Contest Rules to a language other than English is provided as a convenience only. In the event of any conflict between these Contest Rules in any other language and English, the English version of these Contest Rules will prevail.