this contest is open to canadian residents only

and is GOVERNED by canadian law

 

1.             CONTEST PERIOD: 

 

The Mazda Heart for Hearth Contest (the “Contest”) begins on July 1st, 2013 at 12:01 a.m. Eastern Time (“ET”) and ends on September 22nd, 2013 at 8:00 a.m. ET (the “Contest Period”). 

 

2.             ELIGIBILITY:

 

Contest is open to all legal residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Mazda Canada Inc. (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, dealers, advertising/promotion agencies and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).  

 

3.             HOW TO ENTER:

 

No purchase necessary.  There are two (2) ways to enter the Contest: i) register your Mazda3 vehicle (owned or leased) to participate in the Heart for Hearth Event taking place in Oshawa, Ontario, on  Sunday September 22, 2013 (“Event”) or ii) enter by submitting a no purchase write in entry.

 

A. Event Registration Entry: To enter by registering for the Event, you must own or lease a Mazda3 vehicle, and must be willing to attend and participate in the Event. To enter by registering for the Event (or if you have already registered for the Event), go to http://www.torontomazda3.ca/heartforhearth/register.php (the “Website”) and follow the on-screen instructions to obtain the Event Registration and Official Contest Entry Form (the “Entry Form”). Fully complete the Entry Form with all required information, which requires you to: (i) enter your full name, complete mailing address (including postal code), valid email address, telephone number and the license plate number for your Mazda3 and pay the registration fee of $20.00 CAD (if you have not already done so); and (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”).   Once you have fully completed the Entry Form with all required information, follow the on-screen instructions to submit your completed Entry Form (“Registration Entry”).  To be eligible, your Registration Entry must be submitted and received within the Contest Period.  All eligible Registration Entries submitted and received during the Contest Period will be entered into the random prize draw. 

 

B. No Purchase Entry: To enter without registering for the Event, or if you do not own/lease a Mazda3, print your first name, last name, telephone number, complete mailing address, valid email address, age and signature on a piece of paper and mail it (in a separate envelope with sufficient postage) along with a 50 word or more unique and original essay about “What I love about the Mazda3” to: Attn: Marketing Department, Mazda Canada Inc., 50 Vogell Road, Richmond Hill, ON L4B 3K5 (“Mail-in Request”). All Mail-in Requests must be postmarked during the Contest Period, and must be received prior to the Draw Date (as defined below). Upon receipt of your Mail-in Request in accordance with these Rules, you will receive one (1) entry into the random prize draw (“No Purchase Entry”). Each Mail-in Request must include a unique and original essay and must be sent in a separate envelope with sufficient postage. The Released Parties (defined below) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Mail-in Requests.

 

Collectively, Registration Entries and No Purchase Entries are “Entries”. There is a limit of one (1) Entry per person/email address permitted during the Contest Period, regardless of method of entry.  For greater certainty and the avoidance of any doubt, you can only use one (1) email address to enter the Contest.  If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry per person/email address during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Entry Form is not fully completed with all required information and submitted and received during the Contest Period.  The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).     

 

All Entries are subject to verification at any time and for any reason.  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 the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the 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 satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

4.             THE PRIZE AND APPROXIMATE RETAIL VALUE:

 

There will be one (1) prize available to be won consisting of one (1) 36 month lease of a 2014 Mazda3 Sport (“Vehicle”); with an approximate retail prize value of $11,000 CAD (the “Prize”). Prize includes destination/freight charges and all applicable taxes.

 

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 the Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.

 

Without limiting the generality of the foregoing, the following conditions apply to the Prize: (i) Prize includes destination/freight charges and all applicable fees and taxes; (ii) Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be permitted by the Sponsor in its sole and absolute discretion); (iii) Sponsor reserves the right at any time to substitute the Prize or a component thereof for any reason with a prize or a prize component(s) of equal or greater value, including without limitation, but solely at Sponsor’s sole discretion, a cash award; (iv) Colour, accessories, and other specifics of the Prize will be at Sponsor’s sole discretion and subject to availability; (v) Manufacturer's standard warranty applies to the Prize; (vi) Upon notification, a confirmed winner may be required to personally take delivery of the Prize vehicle from a Mazda dealership within Canada reasonably close to the his/her place of residence in Canada, as designated by the Sponsor within its sole and absolute discretion, and will be required to present adequate personal identification (in a form acceptable to the Sponsor – including without limitation, government issued photo identification); (vii) Prize will not be released unless and until the confirmed Prize winner first shows proof (in a form acceptable to the Sponsor) of having a valid driver's license (equivalent to a full class “G” in Ontario) in the province/territory in which he/she resides and proof (in a form acceptable to the Sponsor) of satisfactory insurance; (viii) Prize Winner is solely responsible for any and all expenses that are not included in the Prize description above, including but not limited to: registration and license fees, insurance, additional accessories and all other costs associated with: (a) any upgrade or option packages he/she may request and which Sponsor, in its sole and absolute discretion, is willing to provide or has provided respecting the Prize; and/or (b)  obtaining a valid driver’s licence, licence plates, registration, insurance, and/or fuel; (ix) If the Prize winner does not utilize any part(s) of the Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (x) By accepting the Prize, the Prize winner agrees to waive all recourse against the Released Parties (defined below), if the Prize or a component thereof does not prove satisfactory, either in whole or in part; (xi) Sponsor at its sole discretion may substitute a vehicle of the same or like model and style in the event of lack of Vehicle availability due to limited production or any other reason; and (xii) the winner  must sign the Sponsor’s 36 month lease agreement (the “Lease Agreement”) and must be insurable and eligible under the Lease Agreement terms and conditions. Without limiting the effect of the Lease Agreement, the following conditions shall apply to the use of the Prize Vehicle: (a) Prize winner must not have been convicted of a criminal offence related to the use or operation of a motor vehicle for which a pardon has not been granted, failing which he/she shall forfeit the Prize, without any compensation whatsoever; (b) in the event the Prize winner exceeds the 24,000 km per year limit, he/she will be responsible for a $0.08/km surcharge at the end of the lease; (c) license, gasoline, fees related to any infraction, usual maintenance fees and taxes other than those applicable to the lease are Prize winner’s sole responsibility; (d) Prize winner shall be solely responsible for any and all damages to the Vehicle that are not covered by the insurance; (e) only the Prize winner will be authorized to drive the Vehicle; and (f) the Vehicle must be returned in the same condition as assumed, normal wear and tear excepted.  Prize will only be awarded to the eligible entrant whose full name and valid e-mail address appears on the official Contest Entry Form, or No Purchase Entry.

 

5.             RANDOM PRIZE DRAW AND WINNER SELECTION:

 

On September 22, 2013 (the “Draw Date”) in Toronto, Ontario at approximately 3 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received during the Contest Period in accordance with these Rules.  The odds of winning depend on the number of eligible Entries submitted and received during the Contest Period in accordance with these Rules. 

 

The Sponsor will announce the selected entrant at the Event. If the selected entrant is at the Event, they may confirm they are the winner by answering the skill testing question and completing the release as described below. If the selected entrant is not at the Event, or does not come forward, the Sponsor or its designated representative will make a minimum of three (3) attempts to contact the selected entrant (using the information provided on the Entry Form) within five (5) business days of the Draw Date.  If the selected entrant cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant). 

 

Before being declared THE CONFIRMED PRIZE winner, the selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) 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 the selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time;  (c) cannot accept (or is unwilling to accept) the Prize as awarded for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such newly selected entrant). 

 

6.   GENERAL CONDITIONS:

 

All Entries become the property of the Sponsor. 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 Entries and/or entrants.  By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. 

 

The Released Parties will not be liable for: (i) any failure of the 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 Entry to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) any injury or damage to an entrant or any other person, including physical injury or property damage, related to or resulting from attending or participating in the Event; and/or (vi) any combination of the above.

 

In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry.  “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question.

 

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, 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, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.  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.

 

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 for a ruling.  Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: www.mazda.ca), unless the entrant otherwise agrees.

The Sponsor reserves the right, in its sole and absolute discretion, 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 Entry 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.

 

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

 

 

 

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