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Rules and regulations

WALMART 2014 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 2014 Mom of the Year Award Competition (the “Competition“) will be accepted from April 14, 2014 at 9:00:00 AM Eastern Time (“ET“) until May 23, 2014 at 4:59:59 PM ET (the “Competition Entry Period“).  The Competition is run by Wal-Mart Canada Corp. (the “Sponsor”).

2. ELIGIBILITY

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) 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 and valid email address 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 http://www.walmart.ca/mom (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:

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 Nominator must select one of the one of the following categories (each a “Category”) under which the Competition Submission will be considered:

  1. Environmental Superstar
  2. Community Champion
  3. Smart Saver
  4. Loving Caregiver
  5. Everyday Hero

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 Competition 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 two rounds (each, a “Round”) as follows to select six (6) first place Competition Submissions for one (1) Mom of the Year-My Finalist Award (defined below) and five (5) Mom of the Year-Category Awards, each Mom of the Year-Category Awards representing one of the five Categories. The six (6) first place Competition Submissions will be selected from twenty (20) semi-finalist Competition Submissions in accordance with the following process.

4.1   Round One

Round One will take place between May 23, 2014 and May 30, 2014 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”):

  1. The degree to which Entrant has exemplified the qualities of the Category selected by the Nominator (33.3%).
  2. The degree to which the Entrant’s positive impact has helped Entrant or others to live better (33.3%).
  3. The degree to which Entrant’s positive impact was “extraordinary” (33.3%).

The four (4) Entrants in each Category whose Competition Submissions receive the highest scores, for a total of twenty (20) Entrants, 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.

Each of the twenty (20) Semi-Finalists selected as eligible for Round 2 will be notified by phone and/or email on or about May 30, 2014, 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. 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 Semi-Finalists. Alternative Semi-Finalists 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.

4.2   Round Two

Round Two will take place between June 11, 2014 and July 4, 2014.

From June 11, 2014 at 12:00:00 AM ET to July 4, 2014 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 the potential winner of the Mom of the Year-My Finalist Award, as defined below, subject to compliance with the requirements in these Official Competition Rules (the “Mom of the Year-My Finalist”). In the event of a tie, the Mom of the Year-My 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.

Of the remaining nineteen (19) Semi-Finalist Competition Submissions, the Entrant whose Competition Submission received the highest score in each Category, as originally judged by the Competition Judges (and excluding the potential winner of the Mom of the Year-My Finalist Award), will each be selected as a potential Category winner (each a “Category Winner”), subject to compliance with the requirements in these Official Competition Rules.

5.  PRIZES

There are a total of twenty (20) prizes available to be won in this Competition.

The Entrant with the highest number of votes following the Voting Period (and subject to the determination process noted above in the case of a tie) will be eligible to receive the “Mom of the Year-My Finalist Award”, which shall consist of: being recognized as the Mom of the Year by the Sponsor on the Competition Website, $10,000 cash and a $10,000 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-My Finalist Award depend on how the judging panel evaluates each entry according to the Criteria.

Each Category Winner will be eligible to receive a “Mom of the Year-Category Award” which shall consist of: being recognized as a Category Winner by the Sponsor on the Competition Website, $10,000 cash and a $10,000 donation by Sponsor to the Category Winner’s Cause, as identified in the Competition Submission, pending approval by Sponsor. Odds of winning a Mom of the Year-Category Award depend on how the judging panel evaluates each entry according to the Criteria.

The remaining fourteen (14) Semi-Finalists (that do not receive the Mom of the Year-My Finalist Award or a Mom of the Year-Category Award), shall each receive a “Semi-Finalist Award” consisting of: $500 cash and a $500 donation by Sponsor to the Semi-Finalist’s Cause, as identified in the Competition Submission, pending approval by Sponsor. Odds of winning a Semi-Finalist Award depend on how the judging panel evaluates each entry according to the Criteria.

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. Any donations made as part of the Mom of the Year-My Finalist Award, the Mom of the Year-Category Awards or the Semi-Finalist Awards 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.

The Mom of the Year-My Finalist Award winner shall be announced on July 5, 2014.

A Mom of the Year-Category Award winner shall be announced each week (one Mom of the Year-Category Award winner per week) between August 4, 2014 and September 1, 2014.

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.  Personal information collected in connection with the Competition may be stored on servers located in the United States, and may be subject to foreign legislation which may differ from the legislation of Canada with respect to disclosure of personal information to government authorities. For further information about Sponsor’s privacy practices, please see Sponsor’s Privacy Policy at: http://www.walmart.ca/mom.

By accepting a prize, winner agrees to Sponsor’s use of her name, city/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Competition in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice.

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, and Competition 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 AND COMPETITION 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. 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.