Rules and regulations
WALMART 2013 MOM OF THE YEAR AWARD - OFFICIAL COMPETITION RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Entries for the Wal-Mart 2013 Mom of the Year Award Competition (the “Competition“) will be accepted from May 6, 2013 at 9:00:00 AM Eastern Time (“ET“) until June 16, 2013 at 4:59:59 PM ET (the “Competition Entry Period“). The Competition is run by Wal-Mart Canada Corp. (the “Sponsor”).
The Competition is open to individuals who are legal residents of Canada, at least the age of majority in the province or territory in which they reside at the time of entry. Excluded from eligibility are officers, directors, employees, agents and representatives of Sponsor, the independent judging organization, each of their respective parent, affiliated and related companies, agencies, suppliers of the materials and services related to this Competition, the Competition Judges (defined below), Finalist Judges (defined below), and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such individuals.
3. HOW TO REGISTER AND ENTER
NO PURCHASE NECESSARY. Internet access required. Online entry through the Competition Website only (as defined below); no other means of submission will be accepted. Although online access and an e-mail account are required in order to participate, no purchase is required in order to enter the Competition. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free e-mail accounts.
3.1 Nomination Process
To nominate and enter an individual into the Competition (the “Entrant”), visit www.momoftheyear.ca (the “Competition Website”) during the Competition Entry Period, complete the registration form and upload a Competition Submission (defined below) as indicated and click on “Finish”. All fields on the registration form must be completed, unless indicated as optional. Entrants are not permitted to nominate themselves. The individual nominating the Entrant (the “Nominator”) must be at least the age of majority in the province or territory in which they reside at the time of entry. Limit: One (1) Competition Submission per Entrant.
Any attempts to exceed the maximum number of entries allowed is a violation of these Official Competition Rules and may result in disqualification at Sponsor’s sole discretion. All entries must be received by the end of the Competition Entry Period. Proof of submission does not constitute proof of receipt by the Sponsor. Use of automated devices is prohibited; automated entries (including but not limited to entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification. Entries become the property of Sponsor and will not be returned or acknowledged.
3.2. Submission Guidelines
Each “Competition Submission” consists of an electronic submission made on the Competition Website, either through the online submission form or through a video entry (or a combination of the two), and must include, without limitation, the following information:
- Contact information for both the Nominator and the Entrant, including without limitation name, address, phone and email address.
- A photograph of the Entrant.
- A description of why the Entrant should be voted the Wal-Mart 2013 Mom of the Year, on the basis of the Criteria (as defined below), and a description of the reward the Entrant should receive if selected as the Wal-Mart 2013 Mom of the Year (collectively, the “Description”).
- Confirmation that the Nominator has permission of the Entrant to submit their name, photograph and other information related to the Entrant, and confirmation of compliance with these Submission Guidelines.
- A charity or cause that the Entrant chooses to support (each, a “Cause”), as chosen by the Entrant further to an e-mail Sponsor will send to each Entrant when a Nominator begins the process of nominating an Entrant. Cause must benefit the community at any of the local, regional, national, or international levels. Cause submitted with the Competition Submission cannot be associated with any government agency and must be consistent with Sponsor’s corporate culture, both as determined by Sponsor at its sole discretion. Cause is subject to verification and final approval by Sponsor at its sole discretion, and may not be approved for any reason. Entrant may be required to provide Sponsor with information about the Cause for verification and approval purposes. If a Cause is not approved by Sponsor, Entrant will be offered the opportunity to select an alternate Cause, which will also be subject to verification. If alternative Cause is not approved by Sponsor, Entrant may be subject to disqualification, at Sponsor’s sole discretion.
The Competition Submission may include multimedia, whether, audio, video or otherwise, but must be in one of the following file formats: JPG, GIF, PNG, WebM, MPEG4, 3GPP, MOV, AVI, WMV, or FLV. Maximum file size is 25 MB for a video and 5 MB for a photo.
The content presented in the Competition Submission must be in compliance with applicable laws. The Competition Submission must be the original work of the Nominator and/or Entrant, created solely for this Competition. The Competition Submission may not infringe upon any intellectual property rights and/or any rights of any third person or entity. Competition Submissions may not use: (i) trade-marks, copyrighted materials, or other intellectual property owned by third parties (including music, video, photographs, logos, etc.); (ii) names, likenesses, voices or other characteristics identifying a person, celebrities or other public figures, living or dead other than the Entrant; and/or (iii) any commercial content that promotes any product or service other than that of the Sponsor. The Competition Submission may not: have been previously published, have previously won any award, and/or have been submitted to another contest. Obscene, provocative, misleading, harassing, libelous, defamatory, vulgar, scandalous or otherwise objectionable content, or materials not in keeping with Sponsor’s corporate culture, will not be considered and may be disqualified, and such determination shall be made in the sole discretion of Sponsor. Nominator must have Entrant’s consent to disclose Entrant’s personal information, including without limitation Entrant’s name, phone number, email address, mailing address, photograph or any personal information contained in the Description. All of the requirements mentioned in this paragraph shall be collectively referred to as the “Submission Requirements”. All Competition Submissions that do not comply with the Submission Requirements will be rejected, at Sponsor’s sole discretion, subject to the opportunity for Entrant to select an alternate Cause as described above.
By entering the Entrant into the Competition, each Nominator represents, acknowledges and warrants that: (i) the Competition Submission is original and was created solely by the Nominator and/or Entrant; (ii) no other party has any right, title, claim or interest in the Submission and/or any parts of its content; (iii) it complies in all respects with the Submission Requirements and these Official Competition Rules; and (iv) the Entrant has given consent for the disclosure of personal information in the Contest Submission.
By entering, each Nominator and Entrant (if applicable) grants to Sponsor the non-exclusive, royalty free, worldwide right and licence to publish, display and otherwise use the Competition Submission in perpetuity any and all media, whether now known or herein after devised, including without limitation for the purposes of promotion of this Competition, posting on the Competition Website, and in its future business strategies.
4. HOW TO WIN
Judging will take place over three rounds (each, a “Round”) as follows to select one (1) first place Competition Submission, and seven (7) runner-up Competition Submissions.
4.1 Round One
Round One will take place between June 17, 2013 and July 1, 2013 in Toronto, Ontario where a judging panel selected by Sponsor (the “Competition Judges”) will evaluate all eligible Competition Submissions. All Competition Submissions will be judged based on the description of how the Entrant embodies the qualities of motherhood in the following three (3) ways (the “Criteria”):
- The degree to which Entrant has had a positive impact on others in their life, their family’s life, their community or the environment (33.3%).
- The degree to which the Entrant’s positive impact has helped Entrant or others to live better (33.3%).
- The degree to which Entrant’s positive impact was “extraordinary” (33.3%).
The twenty (20) Entrants whose Competition Submissions receive the highest scores will be selected as eligible for Round Two (each, a “Semi-Finalist”, and collectively, the “Semi-Finalists”). In the event of a tie, the Competition Submission with the highest score under the Criteria #1 shall be deemed to rank higher, repeating the process with Criteria #2, and then followed by Criteria #3 if ties remain. In the event that two or more Competition Submissions are still tied, a random draw from among the tied entries will be used until all ties are broken. No notification will be given to the Semi-Finalists.
4.2 Round Two
Round Two will take place between July 4, 2013 and August 1, 2013.
Round Two Voting
From July 4, 2013 at 12:00:00 AM ET to August 1, 2013 at 11:59:59 PM ET (the “Voting Period”), individuals will be able to vote for their favourite Competition Submission from among the twenty (20) Semi-Finalist Competition Submissions by visiting the Competition Website and following the instructions, including providing their Facebook login information. Limit of one (1) vote per person during the Voting Period. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt in any manner by any person to vote more than the number of times authorized herein or to compensate individuals for engaging in activities online that directly affects a Competition Submission’s votes, shall result in disqualification of all such votes and may result in the disqualification of any involved Semi-Finalist(s), if applicable, at Sponsor’s sole discretion. At the end of the Voting Period, the Semi-Finalist Competition Submission that receives the highest number of votes will be selected as eligible to be submitted for judging in the finals Round of judging (the “Finals”) (each, a “Finalist Entrant”, and collectively the “Finalist Entrants”). In the event of a tie, the Finalist will be determined by selecting the Semi-Finalist Competition Submission that received the highest score (as originally judged by the Competition Judges) from among the tied Competition Submissions for Criteria #1, followed by Criteria #2, followed by Criteria #3, until the tie is broken. Should a tie still remain, Sponsor may choose to conduct a random draw from among all tied Semi-Finalist Competition Submissions.
Round Two Judging
In Toronto, Ontario on August 2, 2013 a finalist judging panel selected by Sponsor (the “Finalist Judges”) will judge the remaining nineteen (19) Semi-Finalist Competition Submissions based on the Criteria.
The seven (7) Semi-Finalists whose Competition Submissions receive the highest scores will each be identified as eligible as a “Finalist Entrant”, and collectively the “Finalist Entrants”). In the event of a tie, the Competition Submission with the highest score under the Criteria #1 shall be deemed to rank higher, repeating the process with Criteria #2, and then followed-by Criteria #3 if ties remain. In the event that two or more Semi-Finalists are still tied, a random draw from among the tied entries will be used until all ties are broken.
Each of the eight (8) Semi-Finalists selected as eligible for judging in the Finals will be notified by phone and/or email on or about August 6, 2013, and will be required to sign and return a Declaration and Release form (the “Release”) within ten (10) business days of it being sent, confirming compliance with these Official Competition Rules and releasing Sponsor from any and all liability with respect to the Competition, including with respect to any applicable travel required to participate in the Finals, as further described below. Guests of Finalist Entrants (as defined below) will also be required to sign and return a Release. Where guest has not reached the age of majority in his or her jurisdiction of residence, the parent or legal guardian of the guest will be required to ratify the guest’s Release. Sponsor will not be responsible for inability to contact an Entrant. Failure of selected Entrant to respond to Sponsor within ten (10) business days, to return any necessary documentation, or to comply with these Official Competition Rules will result in disqualification and, in its sole discretion, Sponsor may select the next highest scoring Competition Submission to qualify as an alternate Finalist. Alternative Finalist will be subject to disqualification in the same manner, with the exception of the Release, which must be returned to Sponsor within five (5) business days of it being sent.
4.3 The Finals
The eight (8) Competition Submission selected as eligible for judging in the Finals will be judged (and ties broken) according to the Criteria by the Finalist Judges. The Competition Submission with the highest score will be the potential winner of the Mom of the Year Award, as defined below, subject to compliance with the requirements in these Official Competition Rules. The announcement of the Mom of the Year Award will take place at the Finals event to be held on or about October 6, 2013 in Toronto, Ontario (the “Red Carpet Dinner”). Each Finalist Entrant must attend in person at the Red Carpet Dinner in order to be eligible for selection as a winner.
There are eight (8) prizes available to be won in this Competition. The Entrant with the highest scoring Competition Submission as judged by the Finalist Judges will be eligible to receive the “Mom of the Year Award”, which shall consist of: $10,000 cash and a $100,000 donation by Sponsor to the Mom of the Year’s Cause, as identified in the Competition Submission, pending approval by Sponsor. Odds of winning the Mom of the Year Award depend on how the judging panel evaluates each entry according to the criteria.
The remaining seven (7) Finalist Entrants will each be eligible to receive a “Runner Up Prize”, each consisting of: $10,000 cash and a $10,000 donation to the Finalist Entrant’s Cause, as identified in the Competition Submission, pending approval by Sponsor. Odds of winning a Runner Up Prize depend on how the judging panel evaluates each entry according to the criteria and the results of a public vote.
The Mom of the Year Award and the Runner-up Prizes each also include: (i) round trip economy air transportation for the Finalist Entrants and up to five (5) guests (one (1) guest spot is allocated solely to the Nominator, and up to four (4) additional guest spots are open to member(s) of the immediate family of Finalist Entrant, such as the spouse and child(ren) of Finalist Entrant) from the international airport nearest to the Entrant’s residence to Toronto, Ontario; (ii) ground transportation from Toronto Pearson International Airport to hotel on day of arrival for the Finalist Entrants and guest(s); (iii) three (3) standard hotel room accommodation with double occupancy for two (2) consecutive nights; (iv) ground transportation to and from the hotel to the Red Carpet Dinner; (v) one (1) pampering service package to be selected at Sponsor’s sole discretion; (vi) one (1) session with a photographer for the purpose of taking a headshot of the Finalist Entrant; and (vii) one (1) basket of products as selected by Sponsor at its sole discretion.
Approximate retail value (“ARV”) of Mom of the Year Award is $22,000 based on a Vancouver departure. ARV of each Runner-up Prizes is $22,000 based on a Vancouver departure. The ARVs noted above does not include any donation to Entrant’s Cause.
Prizes will be awarded only to verified winners. Prizes must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise; however, the Sponsor reserves the right to substitute a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a prize, or any component of any prize, cannot be awarded for any reason. Any donations made as part of the Mom of the Year Award or a Runner Up Prize shall be in Sponsor’s name, and Sponsor shall be entitled to any tax deductions that may be available in connection with such donations. Any other costs or expenses associated with the prizes not expressly stated herein as being included in the prize will be the responsibility of selected winners. Sponsor will not replace any lost or stolen prizes. Sponsor makes no representations or warranties with respect to any prize and any concerns or claims should be directed to manufacturer, if applicable.
Each Finalist Entrant must be available to attend the Red Carpet Dinner in person and to travel on the date(s) specified by Sponsor or the Finalist Entrant’s right to participate in the Finals will be forfeited. Finalist Entrants and their guest(s) are responsible for ensuring that all necessary travel documents are obtained prior to ticketing. Sponsor is not responsible if Finalist Entrant and/or her guest(s) are denied access to the aircraft. In such an event, Finalist Entrant will be solely responsible for any expenses incurred and the participation in the Finals and eligibility to be awarded a prize may be forfeited, in whole or in part. Finalist Entrants and their guest(s) will be responsible for meals, in-room entertainment, ground transportation, insurance, tips and all other expenses not described in these Official Competition Rules, as well as any required travel documentation. If any Finalist Entrant resides within a 350-kilometer radius of Toronto, ground transportation may be awarded in lieu of air transportation and no compensation or substitution will be provided for the difference in cost. If Finalist Entrant has less than five (5) guests, extra hotel accommodation will be forfeited and no compensation or substitution will be provided. Finalist Entrants must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. Actual value may vary depending on point of departure and Finalist Entrant will not be entitled to the difference, if any, between the stated and actual value. Where Finalist Entrant guest has not reached the age of majority in his or her jurisdiction of residence, guest’s parent or legal guardian must travel with guest at all times.
6. PERSONAL INFORMATION
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you register with Sponsor and enter an Entrant into the Competition for the purposes of administering the Competition and prize fulfillment.
7. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY
Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of Quebec, to terminate, suspend or modify this Competition, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Competition Rules. Without limiting the generality of the foregoing, if the Competition, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, Sponsor may, in its sole discretion and subject only to the approval of the Régie with respect to residents of Quebec, void any suspect entries and: (a) terminate the Competition, or any portion thereof; (b) modify or suspend the Competition, or any portion thereof, to address the impairment and then resume the Competition, or relevant portion, in a manner that best conforms to the spirit of these Official Competition Rules; and/or (c) award the prizes from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
8. GENERAL CONDITIONS
Winning a prize is contingent on fulfilling all the requirements set forth herein. All entries and prize claims are subject to verification. Proof of submission does not constitute proof of receipt. Entrants agree to abide by these Official Competition Rules. Decisions of Sponsor, Competition Judges and/or Finalist Judges will be final and binding on all matters pertaining to this Competition. Competition is subject to all applicable federal, provincial and municipal laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Competition Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Competition Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Competition Rules is determined to be invalid or otherwise unenforceable, then the Official Competition Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return the prize to Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Competition and/or Competition Website, violates the Official Competition Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT, NOMINATOR OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the e-mail address submitted at registration will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an e-mail address by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. The Entrant may be required to show proof of being the authorized account holder.
9. LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS COMPETITION, ENTRANTS AND NOMINATORS AGREE THAT SPONSOR, ITS PARENT, RELATED AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, CONTEST JUDGES AND FINALIST JUDGES (COLLECTIVELY, THE “RELEASEES“) HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS COMPETITION, INCLUDING ACCESS TO AND USE OF THE COMPETITION WEBSITE, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, INCLUDING TRAVEL TO AND FROM ANY COMPETITION-RELATED EVENT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Releasees shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Competition Website users, or by any of the equipment or programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of submissions in the Competition; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by Sponsor or its agents for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Competition; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
10. QUEBEC RESIDENTS ONLY
Any litigation respecting the conduct or organization of a publicity Competition may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.