Schedule “A”
PENNEY AND COMPANY $500 PROMOTIONAL GIVEAWAY
NO PURCHASE IS NECESSARY.
PARTICIPANTS MUST BE OF THE AGE OF MAJORITY OR OLDER IN THEIR PROVINCE OF RESIDENCE AT THE TIME OF ENTRY.
ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1. ELIGIBILITY
The contest is open to all Ontario residents.
Employees of Penney and Company | Marketing Design and the household members are not eligible to participate in the Contest.
All personal and other information requested by and supplied to Penney and Company for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2. CONTEST PERIOD
The Contest begins at 9:00 a.m. Eastern Daylight Time (“EDT”) on Tuesday, September 20, 2011 and ends on October 20, 2011 (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.
3. HOW TO ENTER
No purchase is necessary to enter or win the Contest. To enter simply go to www.penneyandcompany.com and click on the link to enter the Promotional Giveaway Contest.
Limit of one (1) entry per person during the Contest Period. In the case of multiple entries, only the first eligible entry received will be considered.
All entries become the sole property of Penney and Company and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize.
Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4. PRIZES
There is one (1) prize (“Prize”) available to be won by a single winner (“Winner”). The Prize shall consist of five hundred dollars (CDN $500) in credit for a promotional item order with Penney and Company.
Please allow 4-6 weeks for shipment of any Prize after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
Prizes must be accepted as awarded and cannot be transferred, assigned, or substituted except at the sole discretion of Penney and Company. Any unused portion of the Prize will be forfeited and have no cash value. Penney and Company reserve the right, in its and their sole discretion, to substitute a prize of equal or greater value if Prizes (or any portion thereof) cannot be awarded for any reason.
5. WINNER SELECTION
One (1) Winner shall be selected as follows:
(1) entrant will be selected by random draw from all eligible entries received at the following event:
North Bay Chamber of Commerce
Small Business Week
Mini Trade Show BAH
Harris Learning Library
Thursday, October 20, 2011
4 pm – 7 pm
Each entrant shall be eligible to win only one (1) Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received.
The selected entrant will be announced to the Mini Trade Show BAH as well as notified online and will be instructed as to how the prize can be claimed.
Before being declared a Winner, the selected entrant shall be required to correctly answer, unaided, a time-limited mathematical skill-testing question to be administered by e-mail, to comply with the Contest Rules and sign and return the Release (described below).
If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected at the sole discretion of Penney and Company until such time as an entrant satisfies the terms set out herein. Penney and Company is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or to receive a selected entrant’s response.
If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
6. RELEASE
Winners will be required to execute a legal agreement and release (“Release”) that confirms each Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of Penney and Company and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releases”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to Penney and Company the use of their name, voice and/or photograph in any publicity or advertisement carried out by Penney and Company without further remuneration, except where required by law.
9. LIMITATION OF LIABILITY
Penney and Company assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. Penney and Company is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. Penney and Company assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Penney and Company is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. Penney and Company is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating: or downloading materials in this Contest.
Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. Penney and Company assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond our control, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, and or the Contest Website.
10. CONDUCT
By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest the Contest Website.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION
OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
11. PRIVACY / USE OF PERSONAL INFORMATION
(a) By participating in the Contest, entrant: (i) grants to Penney and Company the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; and (ii) acknowledges that Penney and Company will not disclose his/her Personal Information to third-party agents and service providers in connection with any of the activities listed in (i) above.
12. INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or Intellectual Property without the express written consent of its owner is strictly prohibited.
13. TERMINATION
Penney and Company reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
14. LAW
These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Penney and Company. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and Penney and Company in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.
15. LANGUAGE DISCREPANCY.
In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.