JYSK Snap, Share & Spree Official Contest Rules
The JYSK Snap, Share & Spree Contest (“the Contest”) is intended to be conducted in Canada and shall be construed and evaluated according to applicable Canadian Law. Contestants are invited to Instagram a photo of a JYSK product in their home, dorm room, on their patio, or other appropriate living space (“your space”); or enter online by signing up for JYSK’s enewsletter. No purchase is necessary. Void in whole or part where prohibited by law. Entry in this Contest constitutes acceptance of these Contest rules (the “Contest Rules”). Contest is subject to all Federal, Provincial and Municipal laws and regulations.
1. SPONSOR: The Contest sponsor is JYSK Linen’n Furniture Inc. (“JYSK”), with its head office located at 1435 Broadway Street, Port Coquitlam, British Columbia, Canada, V3C 6L6. The Contest is administered solely by the Sponsor and is in no way sponsored, administered, endorsed by or associated with Instagram, LLC., Facebook, Inc., Twitter, Inc., or Pinterest, Inc. Any questions, comments or complaints must be directed to, and only to the sponsor, JYSK Bed Bath Home.
2. ELIGIBILITY: To be eligible for this Contest, an individual must: (i) be a legal resident of Canada; (ii) be over the age of majority in the province or territory in which he/she resides at the time of entry; (iii) have a valid Instagram account; (iv) Follow JYSK on instagram at @JYSKBEDBATHHOME and allow us the ability to contact you via direct message.
Only one entry and one prize per person. Employees of JYSK and its affiliates, subsidiaries, related companies, advertising and promotional agencies, and immediate family members and household members of any of the above, are ineligible to enter. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion; to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
3. CONTEST PERIOD: The Contest begins at 10:00 a.m. Eastern Standard Time (“EST”) on Thursday, August 7, 2014 and ends at 5:00 p.m. EST on Tuesday, September 30, 2014, after which time the Contest will be closed and no further entries shall be accepted.
4. HOW TO ENTER: No Purchase Necessary. To participate in the Contest, you must:
(i) have, or open a valid Instagram account and be following JYSK on Instagram at @JYSKBEDBATHHOME. To enter the contest, post a photo on your Instagram feed showcasing a JYSK product in your space. You must include the hashtag #WHATTHEJYSK. Each photo entry must comply with the Photo Entry Rules set out below. (ii) Alternatively, you may enter for a chance to win a conditional prize without a photo submission by signing up for and consenting to receive our enewsletter online and at www.jysk.ca/whatthejysk. Entries submitted in this manor, without a photo submission will not be eligible for the Grand Prize, First Prize or Second Prize. (Quebec residents excluded from conditional prizes.)
5. PHOTO ENTRY RULES: By participating in this Contest, entrant acknowledges, represents and warrants that your photo entry must: (i) be posted directly to your Instagram feed and include the designated hashtag, #WHATTHEJYSK (ii) be your original creation, and be a photograph taken solely by you. Reproducing, modifying, enhancing or altering a third party's pre-existing work does not qualify as your original creation; (iii) not violate the rights of any third party, including, but not limited to copyright. For example, your photo entry must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person's, entity's or organization's personal or proprietary rights, including but not limited to, intellectual property rights; (iv) not be explicit or offensive, as determined by JYSK, in its sole and absolute discretion; (v) not contain any commercial content that promotes any product or service; (vi) not be false, inaccurate or misleading; (vii) not violate any law or regulation; (viii) not be libelous, threatening or harassing; (ix) not instigate others to commit illegal activities or violate human rights; and (x) not contain any viruses, worms, or other interfering computer programming.
6. CONTEST PRIZING: Canadian contestants (excluding residents of the province of Quebec*) will be eligible to win one (1) of the following prizes:
(a) One (1) GRAND PRIZE available to be won by one (1) photo entry. The Grand Prize consists of a $2000 JYSK gift card. Approximate Retail Value ("ARV"): $2000 CDN.
(b) One (1) FIRST PRIZE available to be won by one (1) photo entry. The First Prize consists of a $1000 JYSK gift card. Approximate Retail Value ("ARV"): $1000 CDN.
(c) One (1) SECOND PRIZE available to be won by one (1) photo entry. The Second Prize consists of a $500 JYSK gift card. Approximate Retail Value ("ARV"): $500 CDN.
(d) Thirty (30) CONDITIONAL PRIZES available to be won by one (1) photo entry or by signing up for JYSK’s enewsletter. The Conditional prize consists of a $50 JYSK gift card. Approximate Retail Value ("ARV"): $50 CDN.
TOTAL ARV of all prizes (excluding Quebec): $5000 CAD.
*Residents of the province of Quebec will be eligible to win One (1) $1000 photo entry prize award in the form of a $1000 JYSK gift card. TOTAL ARV of all prizes available to be award in Quebec: $1000 CAD.
Odds of winning depend on the total number and caliber of eligible entries received during the contest period. Prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. Any unused portion of a Prize will be forfeited and have no cash value. Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any. JYSK Gift Cards are redeemable at JYSK Canada store locations only.
JYSK reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes, fees and costs associated with prize receipt and/or use. All prize details are at JYSK’s sole discretion. The prizes may not be sold, transferred and are not convertible to cash. JYSK reserves the right to exclude any entry without notice and to reasonably alter or cancel the contest in the event of a technical failure, fraud or other circumstance beyond its reasonable control. The decision of the judges is final. No purchase is necessary to enter. Selected entrants must first correctly answer, unaided, a time limited skill testing question administered by JYSK and provide proof of identity, residency and eligibility.
JYSK will post the GRAND PRIZE, FIRST PRIZE and SECOND PRIZE winner photos to JYSK’s Instagram account once the winner is successfully validated. The successful entrants will be required to contact JYSK via the email provided within 5 business days of being contacted by JYSK via direct message on Instagram. In the event the potential winner does not contact JYSK to confirm their personal identity within 5 business days, he or she will be disqualified and an alternate potential winner will be determined by the judges. Proof of identification must be provided upon request. The contest winner must agree to and sign a release as a condition to and prior to receiving the prize. Prize will be received within one month of when the winner is announced. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
7. WINNER SELECTION: Thirty (30) Winners shall be selected on Wednesday October 1st, 2014 at 10:00 a.m. PST in, Port Coquitlam, BC at the Sponsor’s head office, as follows:
(a) One (1) Grand Prize, One (1) First Prize and One (1) Second Prize will be selected by a panel of JYSK judges by reviewing all eligible photo entries.
(b) Thirty (30) winners will be randomly selected by a member of the JYSK Advertising team through a random draw of all eligible photo and email entries received during the Contest Period. Each entrant shall be eligible to win one (1) Prize.
The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor. Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call to comply with the Contest Rules; provide proof of identification; and sign and return the Confirmation and Release (described below).
The successful entrants will be notified via Instragram direct message no later than Friday, October 3rd, 2014 at 5:00 p.m. PST. Upon notification, the entrant must respond via email with their phone number, province of residence, and email, and they will then be contacted by the Sponsor to answer a skill-testing question and complete the Confirmation of Release form. If the selected entrant does not respond in accordance with these Contest Rules or if Sponsor determines that the selected entrant is ineligible as per these Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant (up to a maximum of 3) may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.
If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
8. RELEASE: Each Winner will be required to execute a release (“Confirmation and Release”) that confirms Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor, its subsidiaries, affiliates and/or related companies and each of their employees, directors, and officers, as well as Prize suppliers, agents, advertising, and promotional agencies involved in this Contest (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof; (v) assignment to the Sponsor all of Winner’s right, title and interest, including copyright in and to the Work, throughout the world in perpetuity and acknowledgment that, as a result of this assignment, the Sponsor will have the exclusive and perpetual right to exploit the Work in any media now known or later developed in whatever ways the Sponsor may determine in its sole discretion and to authorize others to do so, including without limitation, the right to reproduce, distribute, publish, exploit, display, communicate to the public by telecommunication, transmit, broadcast and otherwise use and exploit the Work, in whole or in part and to edit, add to, or modify the Work in any way, all without further obligation or compensation of any kind to the Winner; (vi) waiver of all of Winner’s so-called “moral rights” that it may enjoy in any territory throughout the world in relation to the Work;. and (vii) acknowledgement that, upon request by the Sponsor, Winner shall sign (or cause to be signed) all further documents or do (or cause to be done) all further acts and provide all reasonable assurances as many reasonably be necessary or desirable to give effect to the assignment of Winner’s rights in the Work. The executed Confirmation and Release must be returned by October 5, 2014 by 5:00 p.m. PST of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
9. INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees, Instagram, Inc. and Facebook, Inc. harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of these Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees, Instagram, Inc. and Facebook, Inc. Facebook, Inc. or Twitter, Inc. or Pinterest, Inc from any and all claims by third parties relating to the Contest, including without limitation any claims of infringement of rights to copyright, privacy and/or personality.
10. LIMITATION OF LIABILITY. The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Confirmation and Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website 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 administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.
11. CONDUCT: By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted and made available at https://www.jysk.ca/whatthejysk, filed under notes throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating these Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online CTC property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Caution: Any attempt to deliberately undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.
12. PRIVACY / USE OF PERSONAL INFORMATION: Please note that by entering this contest and submitting a photo of your space, you are agreeing that JYSK may publish your photo, and your Instagram name, on our website, Instagram feed, Twitter feed, Facebook page and in our email newsletter. By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
13. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
14. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
15. LANGUAGE DISCREPANCY: In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. These rules were written in English (Cdn). To the extent any translated version conflicts with the English version, the English version controls.
16. FOR QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity 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 a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
By entering the Contest, the contestant acknowledges having read and understood these rules and agrees to be bound by them and to comply with them. The contestant declares that the rules are understandable and reasonably available for consultation.