CONTEST RULES | Design Your Own HEYS XCase Contest 2013
Rogers Broadcasting Ltd - The Shopping Channel
1. Contest starts at 12:01 am on Friday, May 31, 2013 and continues until 11:59 pm on Sunday, June 16, 2013 (the "Contest Closing Date"). All times are Eastern. No purchase necessary. Only one (1) entry per person. Each entry may contain more than one (1) sketch.
(a) To enter, scan and submit a sketch of your unique XCase design to www.theShoppingChannel/DesignXCase, or mail a sketch of your XCase design, before the Contest Closing Date to The Shopping Channel c/o Design Your Own HEYS XCase Contest, 59 Ambassador Dr., Mississauga, Ontario L5T-2P9. Sketch must include i) the artist's full name; and ii) mailing address and daytime phone #. Sketch can be hand drawn or digitally created. Hand drawn sketches should avoid faint markings in order to maintain the integrity of the image. Those submissions that are in keeping with the overall style and design of HEYS products will be considered by the judges.
(b) Submissions may not be submitted on behalf of any other person, must be original and unique by the entrant, who represents and warrants, by entering this contest, that he or she is the sole owner of all rights, title and interest in the submission, and that he or she is not aware of any violation, infringement or misappropriation of any third party's rights or claim thereto in the design or designs submitted, and must be in keeping with the style of HEYS.
(b)(i) The Shopping Channel on its own behalf and on behalf of its parent organization Rogers Broadcasting Limited, cannot warrant that submissions herein will be protected from use and copying by others via downloading or otherwise, nor can The Shopping Channel or its parent organization warrant that other parties or individuals will not use same for their own purposes in the future.
(c)(ii) By entering and in consideration of your submission for this contest, you hereby grant, convey and assign to Heys International Ltd. ("Heys"), unconditionally and in perpetuity, all worldwide right, title and interest, on your own behalf and on behalf of your assigns and successors, including but not limited to trade-mark, copyright, design right and any other intellectual property rights of any nature whatsoever in and to each design you submit hereunder; and acknowledge and agree that your submission(s) may be adopted, amended, altered and used by Heys ("Heys") or any of its subsidiaries for its own future commercial purposes in Canada and/or elsewhere in the world, without any requirement for Heys to contact you as the author for permission; and you further waive any and all moral rights in and to the said design(s) submitted.
(d) The Shopping Channel and judges reserve the right in their sole discretion to disqualify any entry that does not comply with the requirements of these Contest Rules. Submissions must be suitable for presentation in a public forum, in sole determination of judges and/or The Shopping Channel.
2. A panel of three (3) judges, which may include two (2) representatives from HEYS Luggage Canada and one (1) representative from The Shopping Channel, will review all eligible entries received. Judging will take place on approximately Friday, June 21, 2013 at The Shopping Channel offices at 59 Ambassador Drive, Mississauga, Ontario. Three (3) finalists will be chosen based on the following criteria:
i) Must incorporate the HEYS logo
iii) Mass appeal and realistically works with the HEYS XCase shape
3. The three (3) finalists will be revealed on-air and on-line, from Monday, July 1, 2013 to Sunday, July 7, 2013. Viewers will have this time to vote for their preferred XCase design and based on the results, the submission with the most votes will be announced during the HEYS show on The Shopping Channel in August 2013.
4. Participants are eligible to win one (1) of the following prizes:
a) Grand Prize package consisting of $1,000 cash (CDN)
b) Second prize consisting of a HEYS Luggage set valued at $350
c) Third prize consisting of a HEYS Luggage set valued at $250
Prizes must be accepted as awarded and may not be transferred or exchanged. The Shopping Channel reserves the right to substitute a prize of at least equal value in the event of the unavailability, for whatever reason, of the advertised prize.
5. To be declared a winner, selected entrants must first correctly answer, unaided, a time-limited, mathematical skill-testing question and may also need to return a signed release of liability and acknowledgment form. Contest judges' rulings are final and without appeal in all matters related to the promotion and the awarding of prizes.
6. By entering this contest, entrants consent to the use of their sketch, XCase design, name, city of residence and/or any photograph of or that may be taken in publicity carried out by The Shopping Channel and/or its advertising agencies, without further notice or compensation.
7. This contest is open to residents of Canada who are over the age of majority in their province or territory of residence and excluding employees of The Shopping Channel, its parent and affiliated companies, representatives, dealers and agents, contest suppliers and judges, and those with whom they are domiciled. The contest is subject to all applicable federal, provincial and municipal laws and regulations.
8. No communications will be entered into except with selected entrants. To receive notification of the grand prize winner, tune in during the HEYS show on The Shopping Channel in August 2013 or visit theShoppingChannel.com/winners.
9. Odds of winning depend on the number of eligible entries received. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the rules may be disqualified by The Shopping Channel. The Shopping Channel takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed entries, or for typographical or other production errors. The Shopping Channel is not responsible for any errors or omissions in printing or advertising this contest. All entries become the property of The Shopping Channel and will not be returned.
11. By entering this contest, entrants release and hold harmless The Shopping Channel, its advertising and promotional agencies and the contest judge(s), their parent and affiliated companies, and their respective directors, officers, owners, partners, employees, agents, dealers, representatives, successors and assigns (collectively the "Releasees") from any liability in connection with this contest or, if declared a winner, the prize. Before being declared a winner, entrants may be required to sign and return, within a stipulated period of time, a Declaration of Compliance with the Contest Rules and a full Liability and Publicity Release. If applicable, winner's travel companion must also sign and return a Declaration and a Liability/Publicity Release prior to being ticketed or within such other period as The Shopping Channel may specify. Winner's travel companion cannot be changed after the Declaration and Release are received. By accepting a prize, winners consent to the use of their name, place of residence, voice, statements, photographs, videos or other likenesses for publicity, advertising or informational purposes in any medium or format without further compensation or notice.
12. This contest will be run in accordance with these rules, subject to amendment by The Shopping Channel. Contestants must comply with these rules, and will be deemed to have received and understood the rules by participating in the contest. The terms of this contest, as set out in these rules, are not subject to amendment or counter-offer, except as set out herein.
13. (a) The Shopping Channel assumes no responsibility for failure of the internet or the website during the promotional period, for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or traffic congestion on the internet or at any website, postal or courier service, or any combination thereof including any injury or damage to an entrant's or any other person's computer related to or resulting from playing or downloading any material in the promotion. The Shopping Channel reserves the right, subject to the authority of the Régie des alcools, des courses et des jeux du Québec, to cancel or suspend the email portion of this contest should a virus, bug or other cause beyond their reasonable control corrupt the security or proper administration of the contest.Any attempt to deliberately damage any web site or to undermine the legitimate operation of this promotion is a violation of criminal and civil laws. Should such an attempt be made, The Shopping Channel reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
(b) If the identity of an entrant is disputed, the authorized account holder of the e-mail address submitted at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitted e-mail address is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the e-mail address associated with the selected entry. All entries must be submitted from a valid e-mail account that may be identified by reverse domain name search. The sole determinant of time for the purposes of receipt of a valid entry in this contest will be the contest server machine(s).
14. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Québec 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 to reach a settlement. Any applicable decision to be made by contest sponsor(s) affecting the conduct of this contest are subject to a ruling of the Régie des alcools, des courses et des jeux du Québec.