Contest Rules

Contest Rules

Herschel Supply Co. | Herschel Homework x AGO Contest

HERSCHEL HOMEWORK WEEKLY CHALLENGES

CONTEST RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. BY SUBMITTING AN ENTRY, YOU AGREE TO BE BOUND BY THESE CONTEST RULES (THE “OFFICIAL RULES”).

Herschel Supply Company Ltd.’s and Art Gallery of Ontario’s “Herschel Homework Weekly Challenges” (the “Contest”) consist of four (4) entry periods:

1.     WEEK 1:  starts on JULY 5 at 8:00AM Eastern Standard Time (“EST”) and ends on JULY 11 AT 11:59PM EST ( “Entry Period 1”).  

2.     WEEK 2:  starts on JULY 12 at 8:00AM EST and ends on JULY 18 AT 11:59PM EST ( “Entry Period 2”).  3. WEEK 3:  starts on JULY 19 at 8:00AM EST and ends on JULY 25 AT 11:59PM EST ( “Entry Period 3”).  

4. WEEK 4:  starts on JULY 26 at 8:00AM EST and ends on JULY 30 AT 11:59PM EST ( “Entry Period 4”).  

 

ELIGIBILITY: The Contest is open to residents of Canada (except Quebec) who have reached the age of majority in their province or territory of residence as of the start of the Entry Period.  If the winner is under the age of 19 or the applicable age of majority in their province or territory of residence, the winner’s parent or legal guardian must give consent to enter. Employees, directors, officers, agents and other representatives of Herschel Supply Company Ltd. (the “Sponsor”), the Art Gallery of Ontario (the “AGO”) or its affiliates, or any of its or their family members, are not eligible to enter or win. The Contest is subject to all applicable federal, state, provincial, and local laws and regulations.

VOID IN QUEBEC AND WHERE PROHIBITED BY LAW. 

HOW TO ENTER: During the Entry Periods, entrants and, if the entrant is under the age of majority in the province or territory where they reside, the entrant’s parent or guardian as applicable (the “Entrant”) must (i) download the weekly art challenge colouring template from the website https://ago.ca/summer-pop and/or https://herschel.com/homework (the “Template”), (ii) colour in or design on the Template in accordance with the instructions listed in the applicable Template, (iii) scan or take a photo of their additions to the Template, (iv) enter their name, phone number and email on the applicable entry form, and (v) upload their scanned Template or a photo thereof (an “Entry”).   

Any Entry that the Sponsor deems, in its sole discretion, to not comply with the eligibility or entry requirements or to otherwise violate the terms and conditions set forth in these Official Rules will be void. Limit of one Entry per Entrant.

Entries generated by script, macro or other automated means are void. The Sponsor is not responsible for late, lost, misdirected, delayed, incomplete or incompatible entries. Sponsor reserves the right in its sole discretion to disqualify any Entrant it finds to be attempting to tamper with or undermine the entry process or the legitimate operation of the Contest or to be acting in violation of these Official Rules. 

LICENSE/USE OF ENTRIES: By submitting an Entry, each Entrant warrants and agrees: (a) the Entrant is over the age of 19 or the applicable age of majority in their province or state of residence, and if the Entrant is not, then such Entrant’s parent or legal guardian must give consent to such Entry; (b) that he/she has obtained the necessary consent of any other person or property featured in his/her Entry; (c) that the Entry does not infringe on the intellectual property, privacy, publicity or other rights of any third party; (d) to permit the Sponsor to use his/her name, Entry, Instagram handle, and likeness in announcements and promotions regarding the Contest; (e) to release and hold harmless the Sponsor and the Art Gallery of Ontario (“AGO”), their affiliates, their advertising and promotion agencies, and each of its and their respective agents, employees, directors, officers, successors and assigns (the “Released Parties”) from and against any and all claims including but not limited to claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.  

 

ENTRY REQUIREMENTS: Entries must meet the following requirements:

●      Must meet all of the requirements set out in these Official Rules.  

●      Must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.  

●      Must not contain, as determined by the Sponsor and the Art Gallery of Ontario (“AGO”) in their sole discretion, any content that: is sexually explicit; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane, vulgar, offensive; contains nudity; promotes alcohol, drugs, tobacco, firearms/weapons; promotes any activities that may be or appear to be unsafe or dangerous or illegal; promotes any particular political agenda or message; defames, misrepresents or contains disparaging or defamatory remarks about other people or companies; contains any personal information, contains copyrighted materials owned by others; violates any law or regulation; is misleading or fraudulent; contains commercial messages, comparisons or solicitations for products or services and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.  

PRIZE:  The following prizes are available to be won each week, consisting of the following (each a “Prize”):

1)    Entry period 1: Herschel Supply Little America backpack (“Prize 1”)  

2)    Entry period 2: Herschel Supply Classic backpack (“Prize 2”)  

3)    Entry period 3: Herschel Supply Heritage backpack (“Prize 3”)  

4)    Entry period 4: Andy Warhol for Herschel Supply Classic XL Backpack in pink and blue camo (“Prize 4”)  

 

If Prize winners have not attained the age of majority in the state or province of residence, the Prize will be awarded in name of a parent or guardian. Subject to the foregoing, each Prize is not transferable and cannot be substituted or converted to cash except that the Sponsor reserves the right in its sole and absolute discretion to substitute all or part of the Prize for a prize or prizes of equivalent value, for any reason. All federal, provincial and local taxes associated with acceptance or use of a Prize are the sole responsibility of the winner. 

WINNER SELECTION:  Winners will be randomly selected.  The potential winners will be determined on the following dates at Sponsor’s office, 108-611 Alexander St., Vancouver, BC:

1)    Entry period 1: July 12 at approximately 11:00AM EST (“Selection Date 1”)

2)    Entry period 2: July 19 at approximately 11:00AM EST  (“Selection Date 2”)

3)    Entry period 3: July 26 at approximately 11:00AM EST  (“Selection Date 3”)

4)    Entry period 4: July 31 at approximately 11:00AM EST  (“Selection Date 4”)

 

SKILL TESTING QUESTION:  The potential winners must correctly answer, unaided and within a set timeframe, a mathematical skill testing question as a condition of receiving a Prize.

WINNER NOTIFICATION: The Sponsor or its designated representatives will contact the potential winners through email and phone. The potential winners will then have 72 hours to claim the Prize by providing a name, email address and mailing address to sarah.simpson@herschel.com  If the potential winners do not respond within 72 hours or if the winners are otherwise not in compliance with these Official Rules, then the potential winners may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize). Prior to being confirmed as the winner, the potential winner must first complete, sign and return a declaration of compliance and release form, which also requires that the potential winner consent, except where prohibited, as a condition of receiving the Prize, to the use of his/her name, address, comments, photograph and/or likeness in any advertising or other publicity by the Sponsor and/or its affiliates or agencies, without any payment or other compensation and otherwise be in compliance with these Official Rules. In the event that a potential winner is a minor under the age of 19 or the age of majority in the relevant province or territory, their parent or legal guardian will be notified by email and will be required to sign and return to an address designated in said email, a parental consent (signifying permission for the minor to be declared a potential winner) as well as such declaration of compliance and release form. If the potential winner does not, within 72 hours from being notified, contact sarah.simpson@herschel.com, complete, sign and return the declaration of compliance and release form (or parental consent as applicable), or there is a return of any notification as undeliverable, or is otherwise not in compliance with these Official Rules, then the potential winner may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize), in which case an alternate winner will be chosen based on the judging criteria (in which case the foregoing provisions of this section shall apply to such potential winner).

ODDS: The odds of winning depend on the number of eligible entries received during Entry Period 1, Entry Period 2, Entry Period 3 and Entry Period 4.

GENERAL CONDITIONS: By participating, each Entrant agrees to abide by these Official Rules and decisions of the Sponsor, which shall be final and binding in all respects relating to this Contest. The Contest will be run in accordance with the Official Rules, subject to amendment by the Sponsor. Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Contest. The terms of the Contest, as set out in the Official Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. 

Without limitation, the Released Parties will not be liable: for any technical malfunction or other problems relating to the network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry  to be received by the Sponsor for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; for printing or other errors appearing in these Official Rules or other Contest materials, misprints or errors in other Contest-related information, technical or mechanical malfunctions, or other problems or errors, whether caused by equipment, programming used in this Contest, processing errors, human errors or otherwise; or any combination of the above. Further, the Released Parties will not be liable for any injury or damage to an Entrant’s or any other person’s computer or data contained therein, related to or resulting from participating or downloading any material in the Contest. 

The Sponsor reserves the right to withdraw, suspend or amend this Contest or these Official Rules for any reason, including in the event that an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor interferes with the proper conduct of the Contest as contemplated by these Official Rules. In the event of termination, Sponsor will award the Prize as deemed fair and equitable by the Sponsor. 

In the event of a dispute, Entries will be deemed to have been submitted by the authorized account holder of the Instagram account submitted at the time of Entry. “Authorized account holder” is defined as the person who owns the email address assigned by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted Instagram account. 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province British Columbia, Canada and the laws of Canada as they apply in British Columbia.  The courts of British Columbia shall have the exclusive jurisdiction over any and all disputes arising from or connected to these Official Rules, the Contest or the Prize.  

RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, COSTS AND PAYMENTS FOR DAMAGES, LOSS, INJURY, OR DEATH, HOWEVER

OCCURRING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, AS A RESULT OF PARTICIPATING IN THE CONTEST OR ANY CONTEST-RELATED ACTIVITY OR RESULTING FROM ACCEPTANCE, USE, OR MISUSE OF, OR PARTICIPATION IN, THE PRIZE. 

PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as amended from time to time), currently available at https://www.herschel.com/privacypolicy/. The Sponsor will use personal information collected from Entrants to administer the Contest and to carry out the promotional activities allowed by the license granted in these Official Rules. 

 

WINNER LIST: To request the winner list (available for 180 days from the date of verification of the winner to the extent such list can be disclosed subject to applicable privacy legislation), send a self-addressed, stamped (except U.S. residents) envelope to: Herschel Supply Company Ltd., Attn: Contest Winner, 108-611 Alexander St.,  Vancouver, BC V6A 1E1. 

SPONSOR: Herschel Supply Company Ltd., 108-611 Alexander St., Vancouver, BC V6A 1E1 | 1-888-997-5597