The Walmart Canada #RealSolutionsContest Twitter Contest (the “Contest”) is intended to be conducted in Canada only and shall be construed and evaluated according to applicable Canadian law. No purchase is necessary. Participants must be of the age of majority in their province or territory of residence or older at the time of entry. Void in whole or part where prohibited by law. Entry in this contest constitutes acceptance of these contest rules (the “Contest Rules”).
1. CONTEST PERIOD:
The Contest entry period begins on Wednesday, April 26, 2017 at 8:00:00 PM EST (6:00:00 PM MDT) and ends on Wednesday, April 26, 2017 at 9:00:00 PM EST (7:00:00 PM MDT) (the “Entry Period”). During the Entry Period, there will be five (5) selection periods (“Selection Period”).
Selection Periods are as follows:
Selection Period Start (EST) and End (EST):
1. 8:06:00 PM 8:16:00 PM
2. 8:16:01 PM 8:26:00 PM
3. 8:26:01 PM 8:36:00 PM
4. 8:36:01 PM 8:46:00 PM
5. 8:46:01 PM 9:00:00 PM
Contest is open to legal residents of Canada, who have reached the age of majority in their province/territory of residence at the time of entry. The following persons are not eligible to participate: employees, directors, contractors, and officers of Walmart Canada Corp. (the “Sponsor”), subsidiaries and affiliated or related companies, web design, advertising, fulfillment, judging and promotion agencies, and any other person or entity involved in the administration, development, and execution of this Contest. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate.
The Participants selected by the Sponsor, are not employees, directors, contractors, and officers of Walmart Canada Corp. (the “Sponsor”), subsidiaries and affiliated or related companies, web design, advertising, fulfillment, judging and promotion agencies, or any other person or entity involved in the administration, development, and execution of this Contest.
3. HOW TO ENTER:
a. NO PURCHASE NECESSARY. To enter the Contest, you must have a valid Account. If you do not have an Account, visit www.Twitter.com and register in accordance with the enrolment instructions for a free Account.
b. In addition, eligible entrants (see above) must become a “follower” (the “Follower(s)”) of the two (2) Twitter accounts (each, a “Contest Account”) that correspond to the following @usernames: @WalmartCanada and @Listen2Lena (collectively referred as “@Contestusernames”). Note: you can un-follow any time after the Contest.
To become a Follower, an eligible entrant must: (i) visit www.twitter.com/WalmartCanada / www.twitter.com/Listen2Lena; OR (ii) from his/her Twitter home page, click on the “Find People” tab and perform a search for “@WalmartCanada” / “@Listen2Lena” (as applicable); AND (iii) click on the “Follow” button corresponding to the applicable Contest Account.
c. To enter, log into your Account and monitor the Contest Accounts for a tweet (each, a “Theme Tweet”) that will be tweeted from the Contest Accounts prior to each Selection Period indicating the theme (each, a “Theme”) for the applicable Selection Period (each, a “Theme”). Next, send a reply tweet (each, a “Reply Tweet”) to the Theme Tweet using your Account. If your Reply Tweet is submitted and received in compliance with these Official Contest Rules (as determined by the Moderator), you will be eligible to receive one (1) entry (an “Entry”) into the applicable Draw (defined below) that corresponds to the applicable Selection Period (see Rule 8 for details). To be eligible, your Reply Tweet must:
i. include your personal, unique and original response on the topic of the corresponding Theme;
ii. be in accordance with the Submission Requirements listed below in Rule 4;
iii. include the following hashtag: #RealSolutionsContest and the @Contestusername of @Listen2Lena; (note: You may include the other @Contestusernames however they are not mandatory to receive an Entry).
iv. comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com; and
v. conform to Twitter’s (140) character limitation, including the Hashtags and @Listen2Lena
e. Any Reply Tweet that does not follow the above format (as determined by Moderator and/or Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest.
f. A Reply Tweet will be considered to be void (and an Entry will not be granted) if the Reply Tweet: (i) does not describe and/or discuss the applicable Theme (as determined by Moderator in its sole and absolute discretion) during the applicable Selection Period; (ii) is incomplete or illegible; (iii) is not submitted and received during the applicable Selection Period in accordance with these Official Contest Rules (the “Rules”); (iv) does not include the Hashtags; (v) does not include at minimum the following @Contestusername of @Listen2Lena; (vi) does not conform to Twitter’s (140) character limitation including the Hashtags; (vii) does not comply with the Twitter Terms of Service and Twitter Rules; and/or (viii) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by Moderator and/or Sponsor in its sole and absolute discretion).
g. Standard text messaging and/or data rates apply to entrants who submit a Reply Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
h. You can only use one (1) e-mail address/Account to enter the Contest. Limit of one (1) Reply Tweet (Entry) per person/e-mail address/Account per Selection Period, with a total limit of six (6) Reply Tweets per person/e-mail address/Account throughout the Entry Period. If it is discovered that any person has attempted to: (i) submit more than one (1) Reply Tweet (Entry) per person/e-mail address/Account per Selection Period; (ii) obtain more than one (1) Entry per person/e-mail address/Account per Selection Period; and/or (iii) use (or attempt to use) multiple names, identities and/or more than one (1) e-mail address or Account to enter the Contest; then (in the sole and absolute discretion of the Moderator and/or Sponsor) he/she may be disqualified from the Contest and all of his/her Reply Tweets and Entries voided. Use (or attempted use) of multiple names, identities, e-mail addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Moderator and/or Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Reply Tweets (all of which are void). All Reply Tweets (Entry) will be collected using a third party social listening tool and, without limiting the generality of the foregoing, the Releasees will not be responsible if any Reply Tweet (Entry) is not detected and/or collected.
i. If any entrant provides more than one (1) Reply Tweet for any given Theme, only his/her first Reply Tweet will be considered for the purposes of this Contest.
j. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ANY PERSON/FOLLOWER BE PERMITTED TO OBTAIN MORE THAN THE MAXIMUM NUMBER OF ENTRIES AS STATED IN THESE RULES.
k. All entrants, Reply Tweets and Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for any other reason the Moderator and/or Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Moderator and/or Sponsor within the timeline specified by the Moderator and/or Sponsor may result in disqualification in the sole and absolute discretion of the Moderator and/or Sponsor.
l. The Releasees will not be responsible for any social media service lag time and screenshots will not be accepted as proof of Reply Tweet delivery.
4. SUBMISSION REQUIREMENTS:
BY SUBMITTING A REPLY TWEET (ENTRY), YOU AGREE THAT THE REPLY TWEET (ENTRY) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE TWITTER TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY REPLY TWEET (ENTRY) YOU SUBMIT. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, any Reply Tweet (Entry) you submit must be your personal and original response on the topic of the applicable Theme (i.e. you cannot Retweet someone else’s answer or submit the same answer more than one time in this Contest). Your Reply Tweet (Entry) must be written in English only.
By submitting a Reply Tweet (Entry), each entrant warrants and represents that such Reply Tweet (Entry):
i. is original to him/her and that the entrant has all necessary rights in and to the Reply Tweet (Entry) to enter the Contest;
ii. does not violate any law;
iii. does not contain any reference to any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
By entering the Contest and submitting a Reply Tweet (Entry), each entrant: (i) without limiting the Twitter Terms of Service, grants to the Sponsor and/or Moderator (and others authorized by the Sponsor), in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Reply Tweet (Entry), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Reply Tweet (Entry) in favour of the Contest Parties; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action that relate in any way to his/her Reply Tweet (Entry). For greater certainty, the Sponsor and/or the Moderator reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or disqualify any Reply Tweet (Entry) if a complaint is received with respect to the Reply Tweet (Entry), or for any other reason. If such an action is necessary at any point, then the Sponsor and/or Moderator, reserves the right, in its sole and absolute discretion, to disqualify the Reply Tweet (and corresponding Entry) and/or the associated entrant. If the Sponsor and/or the Moderator determines, in its sole and absolute discretion, that any Reply Tweet (Entry) does not comply with these Rules for any reason at any time, then the Sponsor and/or Moderator, reserves the right, in its sole and absolute discretion, to disqualify the Reply Tweet (and corresponding Entry) and/or the associated entrant. Reply Tweets (Entry) will NOT be judged.
6. ELECTRONIC COMMUNICATIONS:
By submitting Reply Tweet to the Contest as described above, each entrant agrees to communicate with the Sponsor and Moderator electronically and agrees that his/her act of submitting a Reply Tweet (Entry) in this Contest constitutes his/her agreement to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor and Moderator at their sole and absolute discretion.
7. THE PRIZES AND APPROXIMATE RETAIL VALUES:
A total of five (5) prizes (“Prizes”) are available to be won at the end of the Entry Period. There will be five (5) Prizes allocated and the following table includes a description and the approximate retail value of the Prizes.
Selection Period Prize Description Approximate retail value of the Prize:
Description of Prize Value of Prize
Walmart Gift Card $200
Walmart Gift Card $200
Walmart Gift Card $200
Walmart Gift Card $200
Walmart Gift Card $250
The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. The Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Account associated with the selected Entry. There is a limit of one (1) Prize per household throughout the Contest. Any and all costs/expenses not specifically included in the Prize description provided above are the sole and absolute responsibility of the applicable confirmed winner. All characteristics and features of each Prize, except as otherwise explicitly described above, are at the Sponsor’s sole and absolute discretion. Prizes will be sent by courier or Trucking Company within thirty (30) days of April 26, 2017.
Each participant that completes a survey at the end of the Contest will receive an e-voucher (discount code) to try the Walmart.ca GHS service. Only those that complete the administered survey by the Contest Accounts, and provide necessary contact information, will receive the e-voucher. The approximate retail value of the e-voucher is $10.00.
8. WINNER SELECTION:
After the close of each Selection Period, the Moderator will conduct one (1) random draw (a “Draw”) from among all eligible Entries received during the applicable Selection Period to select one (1) entrant as the potential winner of the Prize that corresponds to the Selection Period (see Rule 7 for details). Odds of winning a Prize will depend on the total number of eligible Entries received during the applicable Selection Period.
Each potential winner will receive a @mention notification on or before 9:00:00 PM EST on April 26, 2017. The potential Prize winner must respond by direct message on or before 11:00 AM EST on April 27, 2017 by following the instructions provided in the @notification. If any potential Prize winner fails to respond on or before 11:00 AM EST on April 27, 2017 in accordance with the instructions provided in the @notification, then such potential Prize winner will be disqualified (and will forfeit all rights to the applicable Prize), even if such potential winner’s @username may have been publicly announced as a in the context of a identifying the potential Prize winners. Any forfeited Prize(s) will not be awarded. NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential winner of the Prize that corresponds with Selection Period will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by e-mail or other electronic means); and (b) respond via e-mail within (10) business days of notification that (among other things): (i) confirms that he/she has complied with these Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Reply Tweet (Entry) including, without limitation, any claim that his/her Reply Tweet (Entry) infringes a proprietary interest of any third party; (iv) releases the Releasees from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet.
If a potential Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the applicable Contest documents within the specified time (as provided above); and/or (c) cannot accept the applicable Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize).
9. GENERAL CONDITIONS:
By participating in this Contest, each entrant: (i) agrees to be bound by these Rules; (ii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action; and (iii) releases the Releasees from any and all liability in connection with this Contest and his/her participation therein.
The Releasees will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Reply Tweet to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted a Reply Tweet (Entry), Reply Tweets will be deemed to have been submitted by the authorized account holder of the Account used to submit the applicable Reply Tweet (Entry) (as determined in accordance with the official records of Twitter). An entrant may be required to provide proof (in a form acceptable to the Sponsor and/or moderator, including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Account used to submit the applicable Reply Tweet (Entry).
The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants and/or Reply Tweets.
The Sponsor reserves the right and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Reply Tweet with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: any website, application, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor; the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Releasees in connection with the Contest will be governed by and construed in accordance with the domestic laws of the federal laws of Canada applicable therein, 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. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Canada in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.