Focus on the Good - Terms and Conditions
Terms and Conditions
The “Focus on the Good” Campaign (the “Campaign”) begins at 12:00:01 a.m. Eastern Time (ET) on April 24rd, 2020 and ends at 11:59:59 p.m. ET on May 8th, 2020. By participating in “Name of Campaign”, each entrant agrees to abide by and be bound by these Official Rules. Entrants further agree to abide by and be bound by all decisions of Lange & Fetter Motors (the “Sponsor”), which shall be final and binding, without right of appeal, in all matters relating to this Campaign and the awarding of the prizes, including without limitation eligibility and/or disqualification of entries.
The Campaign is open to legal residents of Canada (excluding Quebec) who have reached the age of majority in their province or territory of residence as of the date of entry. Excluded from eligibility are the officers, directors, employees, agents and representatives of the Sponsor, Lange & Fetter Motors, and each of their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities“), 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 officers, directors, employees, agents and representatives.
How to Enter
NO PURCHASE NECESSARY. Internet access, valid email address and submission to “Focus on the Good Nomination” form required. To obtain one (1) entry, an entrant or nominating party must fill out the submission form linked from langefetterford.ca/focusonthegood. Limit: one (1) entry per person during the Campaign Period.
There is one (1) prize of a 2012 Ford Focus to be awarded. The approximate value the Prize is $5000 CAD. The Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise. Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the Prize, or part thereof, cannot be awarded as described for any reason. Sponsor will not replace any lost or stolen prizes. Any other costs or expenses associated with the Prize not specified herein will be the responsibility of the selected winner.
On May 8th, 2020, at the Sponsor’s office located at 52 Dundas Street East, Trenton, ON K8V 1K7, a panel of unbiased dealership staff will select the winning entries among all eligible entries received during the Campaign Period for the purpose of selecting a Prize winner. Odds of being selected depend on the number of eligible entries received during the Campaign Period.
Prize Claim Conditions
In order to be declared a winner, the selected entrant must: (i) respond to notification of selection (and provide Sponsor with the selected entrants email address) within two (2) business days of first attempt by Sponsor; (ii) correctly answer, unassisted, a time-limited mathematical skill-testing question by email; (iii) sign and return to Sponsor, within two (2) business days of it being sent by Sponsor, a written declaration and release form, releasing the Promotion Entities from any liability in connection with this Campaign or the use, misuse, awarding or possession of any prize (the “Release”); and, (iv) otherwise comply with these Official Rules. Return of the Prize, or any part thereof, or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within two (2) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide a valid email address, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the Prize, or part thereof, and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize, or part thereof, in accordance with these Official Rules, who will be subject to disqualification in the same manner.
Right to Void / Terminate / Suspend / Modify
Sponsor reserves the right to terminate, suspend or modify this Campaign, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole discretion, any factor or event arises that could interfere with the proper conduct, administration, security or impartiality of the Campaign as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Campaign, 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 discretion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Campaign, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Campaign, or any portion thereof; (b) modify or suspend the Campaign, or any portion thereof, to address the impairment and then resume the Campaign, or relevant portion, in a manner that best conforms to the spirit of these Official 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.
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 Campaign, the Campaign Website and/or the bannisterhonda.com (the “Sponsor Website”), violates the Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
Limitation of Liability and Releases
BY PARTICIPATING IN THIS CAMPAIGN, ENTRANTS AGREE THAT THE PROMOTION ENTITIES, INC. 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 PRIZE, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE. FURTHER, BY PARTICIPATING IN THIS CAMPAIGN, ENTRANTS AGREE THAT THE PROMOTION ENTITIES AND INSTAGRAM, INC. 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) ENTRY OR PARTICIPATION IN THIS CAMPAIGN, INCLUDING ACCESS TO AND USE OF THE CAMPAIGN WEBSITE OR THE SPONSOR WEBSITE, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY.
Without limiting the foregoing, the Promotion Entities, any of Sponsor’s suppliers or contractors shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Campaign Website users, Sponsor Website users or by any of the equipment or programming associated with or utilized in the Campaign, or by any technical or human error which may occur in the processing of submissions in the Campaign; (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, any Campaign entry, any Instagram comment or any Instagram direct message to be received by or from the Sponsor 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 in this Campaign or in connection with the Campaign Website or the Sponsor Website; or (h) any failure of the entry, draw or other Campaign process.
Protection of Personal Information
By entering the Campaign, the winner authorizes the Sponsor to use, in any media (including the Internet) in perpetuity, their name, photograph, likeness, voice, place of residence and/or statement regarding the Prize for publicity and advertising purposes, without any compensation.
All entries become the property of Sponsor and will not be returned and no correspondence will be made with or entered into except with selected entrant(s). By participating in the Campaign, each entrant agrees that the Promotion Entities have not made, with respect to each of their own products/services provided as a prize or part thereof (if applicable), any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Winning a prize is contingent on fulfilling all the requirements set forth herein. 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. Proof of entry submission does not constitute proof of receipt. The Sponsor is not responsible for lost, misdirected or delayed entries. Entrants agree to abide by these Official Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Campaign.
Campaign is subject to all applicable federal, provincial and municipal laws. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official 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 may be required to promptly return to Sponsor his/her prize, or the cash value thereof.
In the event of any discrepancy or inconsistency between the provisions of the Campaign Rules and disclosures or other statements contained in any Campaign related materials, including but not limited to the Campaign entry form, or radio, television, print, outdoor or online advertising, the provisions of the Campaign Rules shall prevail and govern. The headings of the sections of the Campaign Rules are for convenience of reference only and shall not affect the interpretation of the Campaign Rules.
This Campaign is governed by the law of Canada. Each entrant agrees, to the extent permitted by law, that any judicial proceedings relating to any disputes, claims or causes of action arising out of or in connection with the Campaign shall take place in a provincial court within Ontario.