2022 HOLIDAY GIVEAWAY ON INSTAGRAM
OFFICIAL CONTEST RULES
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN.
- SPONSOR: The Kent & Essex Mutual Insurance – Holiday Giveaway 2022 (the “Contest”) is sponsored by Kent & Essex Mutual Insurance at 10 Creek Road, Chatham ON, N7M 5K4 (the “Sponsor”). Not sponsored, endorsed, administered by or associated with Instagram.
- ELIGIBILITY: The Contest is open to legal residents of Canada, excluding Quebec, who have reached the age of majority in their province or territory of residence at the time of entry and at the Contest Closing Date (see rule 3), with the exception of employees of the Sponsor, its parent, related and affiliated companies, subsidiaries, departments or agencies, franchisees, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and those living in the same household. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules. Entrants who do not comply with any of the Contest Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole discretion.
- CONTEST DATES AND TIMES: The Contest begins on December 8, 2022 at the time the Contest post is announced on Instagram (the “Instagram Contest Post”) and ends on December 13, 2022 at 11:59 p.m. ET (the “Contest End Date”) after which time the Contest will be closed and no further entries shall be accepted.
- HOW TO ENTER: Eligible entrants can enter by “following” the Sponsor’s Instagram page (https://www.instagram.com/kemutual/), “liking” the Instagram Contest Post and tagging two (2) Instagram friends in separate comments. On top of these required actions, entrants may share the Instagram Contest Post and/or tag more than two (2) Instagram friends but these additional actions will not increase the chances of winning.
Comments by entrants must not, in the sole and unfettered discretion of the Sponsor,:
(i) contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;
(ii) contain any language suggesting or encouraging illegal activity;
(iii) contain content that is unsuitable for family audience viewing including persons under the age of 13;
(iv) contain any identifiable third party products and/or trademarks, brands, logos or copyright, other than those of the Sponsor, or anything that infringes or that may infringe anyone’s rights, including intellectual property rights;
(v) contain any personal information;
(vi) repost of another social media post or other shareable content including but not limited to URL links, articles and graphics;
Entries are subject to the approval of the Sponsor and must satisfy all the requirements set out above. Entries that do not satisfy the above requirements (or that are otherwise considered inappropriate in the sole and unfettered discretion of the Sponsor) will be void and ineligible for entry into the Contest. In the event an entrant has posted inappropriate content, he or she will be disqualified.
Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Contest Rules are void. Entrants grant Sponsor a non-exclusive license to use all entries for any purpose. No correspondence will be entered into except with selected entrants. Proof of transmission (screenshots or captures, etc.) does not constitute proof of entry or receipt of an entry.
- CONTEST PRIZES: There is a total of one (1) prize available to be won consisting of one (1) gas gift card worth $100 in retail value from Shell.
All winners assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this promotion or use or redemption of a prize. Prizes must be accepted as awarded and have no cash value. Prizes or any portion thereof cannot be combined with other discounts, promotions or special offers. Sponsor reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at time of award.
- ODDS OF WINNING: The odds of winning depend on the number of eligible entries received before the Contest End Date.
- SKILL TESTING QUESTION: Selected Entrants will be required, as a condition to winning a Prize, to correctly answer, without assistance of any kind, the Sponsor’s time-limited, mathematical skill-testing question to be administered during a pre-arranged telephone call.
- WINNER SELECTION AND CONFIRMATION: On December 14, 2022 at 10 Creek Road, Chatham ON, N7M 5K4 (“Draw Date”), an employee, agent or other representative of the Sponsor, will conduct a random draw from all eligible entries and select the potential winners (the “Selected Entrants”). Selected Entrants will be deemed winners if they meet all the eligibility criteria set out in these Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive a prize and another entrant will be selected by way of a random draw from the remaining eligible entries. Before being declared a winner, Selected Entrants will be required to: (i) correctly answer the Sponsor’s skill-testing question; (ii) sign and return the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form; and (iii) comply with all other Contest Rules, all in the sole discretion of Sponsor.
Selected Entrants will be notified within one (1) business day of the draw and will be contacted by Instagram Messenger provided at the time of entry into the Contest, in Sponsor’s sole discretion, and up to three attempts will be made within 36 hours following the draw. A Selected Entrant that does not or cannot accept the Prize may be forfeited and a new Selected Entrant selected by random draw, in the Sponsor’s sole discretion. The Sponsor’s signed release form must be received by the Sponsor before the prize is awarded to the Selected Entrant. Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsor to receive a Selected Entrant’s response.
Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the Authorized Account Holder (the individual assigned to the e-mail address or, if applicable for entry, social media handle associated with the entry). Each Selected Entrant may be required to provide proof that he/she is the Authorized Account Holder associated with the selected entry.
- RELEASE AND INDEMNIFICATION: The winners must sign the Sponsor’s Declaration of Eligibility and Liability/Publicity Release form to: (i) confirm compliance with the Contest Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, Instagram and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of the Entry by the Sponsor, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in the Contest and/or in connection with the acceptance and/or exercise by the entrant of the Prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Contest Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an entrant of a prize and the use of the Entry by Sponsor.
The Sponsor is not responsible for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in the Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Declaration and Release forms; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize, including any travel related thereto and the use of the Entry by Sponsor; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
- OTHER CONDITIONS: The Sponsor reserves the right to terminate or amend this Contest at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the Contest End Date.
Publicity and entrant information: By participating in the Contest, entrants consent to the use of their name, address, postal code, telephone number, social media handles, comments and image, whether on videotape, photograph or any other means, for the administration of this Contest or any publicity carried out by the Sponsor, without further notice or compensation. Any and all information provided for this Contest by entrants is provided to the Sponsor not Instagram.
Law: The Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Contest shall be governed exclusively by the laws of Ontario, Canada including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Chatham, Ontario, Canada.
Rule amendments: The Sponsor reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of the Contest.
Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited. The Sponsor’s marketing or other partners, if any, shall also have access to and rights to reproduce, copy or otherwise use any materials generated by this Contest or any submissions or materials generated by entrants.