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DAVIDsTEA #TeaExplorer Photo Contest
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. CONTEST PERIOD
The DAVIDsTEA #TeaExplorer Contest (the "Contest") begins at 12:00:00 AM Eastern Time on Thursday, July 14th, 2016 and ends at 11:59:59 PM Eastern Time on Sunday, September 4th, 2016 (the "Contest Period").
There is eight (8) phases to this Contest: eight (8) prizes picked from all eligible entries received during the Contest Period
Every Sunday of the Contest Period, a winning photo will be published on DAVIDsTEA's Instagram® feed.
Selection of the winning photos
Every Sunday of the Contest Period, a winning photo will be selected by a jury of three representatives of DAVIDsTEA amongst the admissible photos received during the Contest Period. Each winning photo will be published on DAVIDsTEA's Instagram ® feed, for a total of 8 winning photos. The winning photos will be selected based on the following elements: clarity, composition, originality and pertinence.
The publishing date of a winning photo is independent of its submission date. For example, a photo submitted on the first (1st) day of the Contest Period may be published on the third (3rd) Sunday of the Contest Period.
The jury's decisions regarding this contest are final.
The name or username of each winning photo's owner will be published.
Limit of one (1) winning photo per image owner.
Access to a computer and Internet are required. The Contest is open to legal residents of Canada and the United States who have reached the age of majority in their Province or Territory or State of residence as of the date of entry. Excluded from eligibility are employees, agents and sales representatives of DAVIDsTEA Inc. ("DAVIDsTEA") , promotional agencies, fulfillment houses and prize suppliers, each of their respective parent, affiliated and related companies, suppliers of the materials and services related to this Contest, and members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they reside) or households (whether or not related) of such employees, agents and sales representatives.
3. HOW TO ENTER
There are two ways to enter.
NO PURCHASE NECESSARY. Access to a computer and Internet are required.
During the Contest Period, enter by:
(i) Posting a flat lay photo of your tea on the go to your Instagram® account with the hashtag #TeaExplorer; or
(ii) by uploading a picture directly on our landing page at
http://davidstea.com/ca_en/teaexplorer or http://davidstea.com/us_en/teaexplorer. Submit your entry by filling out the entry form you are directed to, and providing your name, your e-mail address and a caption for the photo, and confirming that you are eligible to enter the contest and that you accept the contest rules. All fields must be completed unless indicated as optional.
LIMIT: enter as many times as you wish, but each entry needs to be a unique and clearly different photo.
*This contest is in no way sponsored, endorsed or administered by or associated with Instagram®. You understand that you are providing your information to DAVIDsTEA and not to Instagram®.
**By uploading a photo with the hashtag #TeaExplorer and/or on our Contest landing page, you confirm that you accept and have complied with these Official Contest Rules and Regulations. If you have not reached the age of majority in your Province or Territory or State of residence, you will not be able to participate in the Contest. Use of automated devices is prohibited; automated entries (including but not limited to entries submitted using any robotic, script, macro, or other automated service) are not permitted and may result in disqualification.
4. CONDITIONS APPLICABLE TO THE PHOTO SUBMITTED:
The following conditions apply to the Photograph submitted:
· The Photograph must not contain inappropriate content, including content which is explicitly sexual, offensive, harassing, discriminatory, libellous, violent, malicious, hateful, content which may be against knowledgeable accepted standards of good behaviour or which depreciates DAVIDsTEA products or services;
· It must not contain suggestive images promoting an illegal activity and/or commercial content showing a competitive product or service.
Any portion of the photograph submitted which is protected by copyright, any other intellectual property right or the right of a third party, may not be submitted unless the entrant has obtained all required authorizations.
5. STATEMENT OF CONSENT, AUTHORIZATION AND RELEASE IN CONNECTION
WITH THE PHOTOGRAPH SUBMITTED
5.1 By entering the Contest, entrants provide the following authorization:
Statement of consent, authorization and release in connection with the photograph submitted
I grant DAVIDsTEA and its representatives the authorization to reproduce, broadcast, publish, distribute, represent in public, edit and modify the Photograph submitted and I declare to have obtained such authorization from any person who is represented in the Photograph, as the case may be. These are worldwide authorizations, without any further compensation beyond my participation in this Contest and for an unlimited period of time, for the purposes of this Contest or for any other purpose related to the activities of DAVIDsTEA, including but not limited to, broadcast in various media including the www.davidstea.com Website, web banners, existing Internet platforms (Facebook, Twitter, Instagram, Flickr, YouTube, Snapchat, etc.) or advertising material promoting the present Contest or its future editions, as the case may be, or the services and/or products of DAVIDsTEA.
I agree to the use of my first name, first letter of my last name, username and location of photograph in connection with the Photograph submitted.
I declare that the Photograph submitted is original, that I am its sole author or that I have obtained all required rights or authorizations for its use according to the terms set out in these Contest rules and that I am not in violation of any law or third-party right. Upon request, I agree to provide DAVIDsTEA and its representatives with the authorizations mentioned in this section.
I undertake to reimburse DAVIDsTEA and its representatives for any expense incurred by them in the event of a claim or legal proceedings resulting from the use or the broadcast of the Photograph submitted.
5.2 DAVIDsTEA reserves the right to withdraw the entrant's Photograph submitted on the Contest website in whole or in part, after it has been broadcast. DAVIDsTEA also reserves the right to modify, in whole or in part, the Photograph submitted, or to disqualify the entrant if for any reason it was found that his/her entry does not comply with these Contest rules.
There are eight (8) Prizes available to be won. Prizes consist of eight (8) $50.00 retail value DAVIDsTEA prize pack which comprises the following:
· One (1) Carry Travel Mug engraved with the winner's name or username, as determined solely by DAVIDsTEA. The color of the Carry Travel Mug will be at DAVIDsTEA sole discretion; and
· 100grams/4oz of loose leaf tea based on availability.
PRIZES MUST BE ACCEPTED AS AWARDED. THE PRIZES MAY NOT BE SOLD,
TRANSFERRED AND ARE NOT CONVERTIBLE TO CASH. DAVIDsTEA RESERVES THE RIGHT TO SUBSTITUTE A PRIZE OF EQUAL OR GREATER VALUE AT ITSSOLE DISCRETION. DAVIDsTEA MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRIZES.
7. HOW TO WIN
Every Sunday of the Contest Period, DAVIDsTEA's jury will pick one (1) photo from all eligible Prizes entries received during the Contest Period. The winning photos will be selected at 10:00 AM on Sunday, July 17, 2016, Sunday, July 24, 2016, Sunday, July 31, 2016, Sunday, August 7, 2016, Sunday, August 14, 2016, Sunday, August 21, 2016, Sunday, August 28, 2016 and Sunday, September 4, 2016. Chances of winning will depend on the total number of eligible entries received during the Contest Period and on the clarity, composition, pertinence and originality of the photos submitted). If you are selected as eligible to win one of the Prizes, you will be contacted by a representative of DAVIDsTEA via Instagram Direct or your email address within approximately twenty four (24) hours of the draw. See prize claim conditions below.
8. PRIZE CLAIM CONDITIONS
In order to claim a Prize, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by email. The selected entrant will also be required to complete and return to DAVIDsTEA (or its authorized agent) by the deadline specified in the documents a written declaration and release (the "Declaration and Release"), declaring that the entrant is eligible to win the Prize in accordance with these Official Contest Rules and releasing DAVIDsTEA, Instagram® and all of their respective directors, officers, owners, partners, shareholders, employees, agents, representatives, successors and assigns from any liability in connection with this Contest, or the use, misuse or possession of any prize and any travel related thereto. Prizes will only be awarded to a verified winner.
DAVIDsTEA will attempt to contact the potential winner by e-mail or Instagram Direct to the address that was provided when you entered the contest within twenty four (24) hours of being selected to schedule the administration of the skill testing question. DAVIDsTEA will email the Declaration and Release to you, which will need to be returned electronically within twenty-four (24) hours of the time it was sent to you.
If a potential winner (a) cannot be reached by email within twenty four hours of being selected; (b) fails to correctly answer the mathematical skill testing question ; (c) fails to provide any required proof of eligibility; (d) fails to return the properly executed Declaration and Release within the specified time, and (d) fails to comply with any term and condition of these Official Rules, then he/she may, at DAVIDsTEA's sole discretion, be disqualified and another potential winner, who will be subject to disqualification in the same manner, will be randomly selected from among the remaining eligible entries for the Contest Period. DAVIDsTEA will not be responsible for failed attempts to contact a potential winner. The Prize will only be awarded to a verified winner. Allow 6-8 weeks delivery for the Prize after return of a completed Declaration and Release.
In the event of a dispute regarding any entry form, the entry form will be declared submitted by the authorized account holder of the email submitted on the entry form (i.e. the person who is assigned to an email address by an Internet access provider, an online service provider or another organization in charge of assigning email addresses for the domain submitted email address).
If a potential winner's guest is a minor, the guest and his or her parent/legal guardian will be required to complete and return the Guest Release to DAVIDsTEA.
10. PERSONAL INFORMATION
The Personal information that you provide when you enter this Contest is being
11. RIGHT TO VOID/TERMINATE/SUSPEND/MODIFY
Any materials used in this Contest which have been tampered with, mutilated, altered, forged, reproduced, not legitimately obtained, are illegible or which contain or reflect computer, software, printing, production or other errors will be void. DAVIDsTEA reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation if, in DAVIDsTEA's sole opinion, any factor interferes with its proper conduct as contemplated by these Official Contest Rules. Without limiting the generality of the foregoing, if the Contest, 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, printing errors, programming errors, seeding errors, technical failures, or any causes beyond the reasonable control of DAVIDsTEA, which, in the sole opinion of DAVIDsTEA, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, DAVIDsTEA may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Contest Rules; and/or (c) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above. No more than the above-stated number of prizes will be awarded. Should any error of any kind, whether technological, printing, production, human or otherwise, or any other event result in more prizes being claimed than the number stated above, the prize not yet awarded may be awarded in a random drawing from amongst all eligible claimants who have not yet received a prize. In any such drawing, the selected entrants must correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical time-limited skill-testing question to be administered by telephone, email or mail, and execute any documents as may be required before being declared a winner.
12. GENERAL CONDITIONS
Winning a prize is contingent on fulfilling all the requirements set forth herein. All entries become the property of DAVIDsTEA and will not be returned or acknowledged. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. By entering this contest, entrants agree to abide by these Official Contest Rules. Decisions of DAVIDsTEA will be final and binding on all matters pertaining to this Contest. Contest is subject to all applicable federal, provincial and municipal laws. DAVIDsTEA 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 Contest and/or Contest Webpages, violates the Official Contest Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND DAVIDsTEA 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 an 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 potential winner may be required to show proof of being the authorized account holder. All information provided by the participant must be complete and accurate. DAVIDsTEA will not be held responsible for any or all computer problems or a late/incomplete/erroneously sent prize claim.
13. LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT DAVIDsTEA,
INSTAGRAM®, THEIR PARENT, RELATED AND AFFILIATED COMPANIES, THEIR
ADVERTISING AGENCIES, PROMOTIONAL AGENCIES, FULFILLMENT HOUSES AND PRIZE SUPPLIERS, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE "RELEASEES") HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS 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) A PRIZE, INCLUDING THE
ACCEPTANCE, PARTICIPATION IN, MISUSE OR USE OF THE PRIZE; B) ENTRY OR PARTICIPATION IN THIS CONTEST, INCLUDING ACCESS TO AND USE OF THE CONTEST WEBSITE, OR C) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY. Without limiting the foregoing, the Releasees shall not be responsible for: (a) any incomplete or inaccurate information that is caused by DAVIDsTEA Instagram® page 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 processing of submissions in the Contest; (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 or from DAVIDsTEA 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 Contest; (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.
12. Resident of the province of Quebec
Any litigation respecting the conduct or organization of the Contest may be submitted to the Régie des alcools, des courses et des jeux (the "Régie") for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
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