2. HOW TO PARTICIPATE
2.1 Eligibility: The Contest is open to residents of the Lower Mainland who have reached the age of majority in their Province or Territory of residence.
Persons in any of the following categories are NOT eligible to participate or win prizes in this Contest: (a) any person who, at any time during the Contest Period (see 2.2), was or is a director, officer, employee, or agent of OneSmileyMonkey.com, or any of its prize suppliers, or any of their respective divisions, parent, subsidiary, or affiliated companies, franchisees, or service agencies, or independent contractors; and (b) any person who, at any time during the Contest Period (see 2.2) was or is a director, officer, employee, or agent of any company involved with the administration of the contest or any individuals engaged in the development, production or distribution of materials for the Contest (collectively the “Contest Entities”); and (c) any person who is an immediate family member of, or domiciled with, any of the above.
2.2 Contest Period: The Contest begins upon the publishing of the Facebook Post with the contest (the “Official Post”) on the Sponsor Facebook Page www.facebook.com/onesmileymonkey (the “Sponsor Facebook Page”) as time stamped on the Sponsor Facebook Page and ends as posted in the Sponsor’s Facebook page (the “Contest Period”).
2.3 Contest Entry: To enter the contest, you must be a registered user on Facebook (a third party Web site). If you do not have a Facebook account, follow the onscreen instructions to register for a free Facebook account at www.facebook.com. You will be asked to provide your first and last name and email address and to set up a user name and password. You may also be asked to answer optional questions; however, they need not be answered in order to be eligible for the Contest.
At the launch of the Contest Period, the Sponsor will publish the Official Post (see Section 2.2.). Entrants can submit their written entry (“Entry” or “Entries”) by posting a reply comment as instructed by the Official Post. By replying to the Official Post, you indicate your agreement and compliance with the Rules. Your Entry must be in accordance with the specific requirements listed below. No purchase necessary.
2.4 Contest Entry Restrictions: Limit one comment per Facebook account for the duration of the contest. Entries indicating the same Facebook account will be considered, for purposes of the Contest, to belong to the same Entrant and therefore are subject to the above restriction. Any excess comments will be invalid for purposes of the Contest draw. You confirm compliance with the contest rules by submitting your comment on-line.
3.1 Prize: The prize and its approximate value shall be as indicated on the Official Post. Prize must be accepted as awarded. No cash alternatives, substitution or transfers of the Prize will be allowed. The Sponsor reserves the right to substitute a prize of equal or greater value, or the equivalent cash amount, in the event that the prize described is unavailable due to circumstances beyond their control. If the awarded prize is ticket(s) to an event, the Sponsor is not responsible for additional expenses incurred by the prize winner, including transportation, meals, or any personal expenses of any kind. Sponsor is not responsible for any unused portion of the prize for any reason (e.g. weather conditions) and no refund, credit, or alternate date will be issued after the winner confirms their prize with the Prize Provider.
3.2 Odds: The odds of being randomly selected to win a Prize depend on the total number of eligible entries received during the Contest Period.
3.3 Prize Draw: The potential winner(s) will be chosen by random draw, which will take place in Vancouver, BC, within 10 days of contest end date.
3.4 Notification of Selection: The potential winner will be announced as a comment on the Official Post and will also be contacted via Facebook direct message as provided on the entry by OneSmileyMonkey within fourteen (14) days after the draw. The potential winner must reply within 48 hours to maintain eligibility. If the potential winner cannot be contacted within this time period or fails to respond to any attempted contact, such potential winner will be disqualified, his/her entry will be declared null and void and the Sponsor reserves the right, in their sole and absolute discretion, to select at random another eligible entry, in which event these provisions shall apply to such other eligible entry.
In order to win, the selected Entrant must first correctly answer, unaided, a mathematical skill-testing question, and he or she will be required to complete a standard Declaration and Release Form as specified in section 4.2 below. The selected Entrant will have 48 hours days from the date of receipt to return email confirmation of the Declaration and Release Form to OneSmileyMonkey.
4. GENERAL RULES
4.1 By participating, each Entrant and selected winning Entrant agrees: (a) to be bound by and always be in compliance with these Rules and the decisions of the Sponsor; (b) to release and hold harmless the Sponsor, or any of the Contest Entities, and their respective directors, officers, employees, agents, divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies, or independent contractors, from any and all liability for claims/damages in connection with their participation in this Contest or the acceptance of any Prize, including but not limited to claims/damages for personal injury or for loss or property damage with respect to acceptance, possession or use or misuse of the Prize; (c) to permit the Sponsor or any of the Contest Entities to use the name, city and/or province of residence, photograph, video, or any likeness of the winning Entrant(s) for advertising or publicity purposes without any additional compensation; (d) to accept the Prize(s) as awarded; and (e) the winning Entrant(s) agrees to complete a Declaration and Release Form to this effect.
4.3 The decisions of the Sponsor in relation to this Contest will be final and binding on all Entrants.
4.4 The Sponsor or any of the Contest Entities shall not be responsible for incorrect or inaccurate transcription or registration of Contest entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions, line failures of any telephone network, failure of computer equipment, software, inability to access any online service or web site, inability to submit the online survey, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
4.5 The Sponsor reserves the right to cancel, terminate, or suspend this Contest, at its sole discretion, in the event of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest. In the event of early termination of the contest, a notice will be posted online and a random drawing to award all prizes will be conducted from among all eligible entries received prior to the time of termination or no prizes shall be awarded. The Sponsor reserves the right to modify this contest or disqualify Entrant if fraud, misconduct or technical failures destroy the integrity of the contest as determined by the Sponsor, at its sole discretion.
4.6 If a selected Entrant is awarded the Prize due to a system error, malfunction or defect the Prize will be returned to the Prize pool, to be re-awarded.
4.7 Under no circumstances will the Sponsor or any of the Contest Entities, or their respective directors, officers, employees, agents, divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies, or independent contractors be required to award more Prizes than what is indicated in these Rules or award the Prizes other than in accordance with these Rules.
4.8 The Contest is subject to all Federal, Provincial and local laws, as well as the rules adopted in view of said laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and the Sponsor and / or the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of British Columbia.
5.3 Except as provided herein, the Sponsor and / or the Contest Entities will not divulge any personal information gathered through the Contest to third parties. Moreover, the Sponsor and/or the Contest Entities will not sell any personal information collected.
5.4 The personal information collected will only be used for the following purposes: (i) use of the winning Entrants’ information as described in section 4.2 above; (ii) administration of the Contest on an as needed basis; (iii) further communications from the Sponsor where the Entrant has voluntarily agreed to receive such communications by checking the box to that effect on the Contest entry page.
5.5 Despite efforts to ensure third parties will not access or obtain your personal information, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that the Sponsor and/or the Contest Entities or their respective directors, officers, employees, agents, divisions, parents, subsidiaries, affiliated companies, franchisees, service agencies, or independent contractors cannot be held responsible for damages resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk.