The “Get a chance to win headphones” contest (the “Contest”) is held by Stingray Group Inc. (“Stingray”) and is only accessible on the https://www.instagram.com/stingray_music/ (the “Contest’s Instagram page”).

 

THE CONTEST IS INTENDED TO BE CONDUCTED IN CANADA ONLY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OR TERRITORY THEY LIVE IN AT THE TIME OF THEIR PARTICIPATION. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE "CONTEST RULES").

1.    Eligibility

a.    To be eligible for this Contest, an individual must be a legal resident in the province or territory they live in and has reached the age of majority in this province or territory at the time of entry.

b.    Employees of Stingray, its affiliates, related companies, or any distributor or company involved in the supply of prizes or any phase of the Contest administration, advertising and promotional agencies, and the household and family members of any of the above, are not eligible to participate in the Contest. 

c.    To be eligible, the participant must also be the registered user of a valid, active account on facebook.com. com at the time of entry. 

d.    Stingray 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 Stingray for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Stingray reserves the right, in its sole discretion, to disqualify any participant should such a participant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. 

2.    Contest period 

The Contest begins on November 4 2020 at 0:01 a.m., Eastern Time ("ET") and ends at 11:59 p.m. ET on November 11 2020 (the "Contest Period"), after which time the Contest will be closed and no further entries shall be accepted. 

3.     How to enter

NO PURCHASE NECESSARY.

a.    During the Contest Period, the participant must 1. Share Stingray Music’s post promoting the Contest in their Instagram stories, using the hashtag #contest in a clear way, 2. Comment the Contest promotion post. 3. Follow the Instagram account https://www.instagram.com/stingray_music/. No entries will be accepted by any other means. 

b.    Limit of one (1) entry per person. In the case of multiple entries, only the first eligible entry will be considered. 

c.    All entries become the sole property of Stingray and none will be returned to participants for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with participants except with each winner. 

d.    Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, "authorized account holder" of an e-mail address means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The selected participant may be required to provide Stingray with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. 

4.    Prize

There is one (1) prize available to be won. The prize consists of a set of wireless audio circum Bose® SoundLink® and has a total approximate value of three hundred dollars (CDN $300.) 

5.    Draw and prize claim

a.    On November 12 in Montreal, Canada at 12:00pm ET, a random draw will be conducted among all eligible entries received during the Contest Period for the purpose of selecting the potential winner. Odds of being selected depend on the number of eligible entries received by Stingray.

b.    THE SELECTED PARTICIPANT WILL BE NOTIFIED BY STINGRAY BY A NOTIFICATION THROUGH INSTAGRAM NO LATER THAN NOVEMBER 12 AT 02:00pm ET AND SHALL CONTACT STINGRAY BY PRIVATE MESSAGE WITHIN TWO (2) BUSINESS DAYS. 

c.    To be declared a winner, the selected participant shall comply with these Contest Rules, correctly answer the mathematical skill-test question on the declaration and release form (described in Section 6 below) (the “Declaration and release form”), sign and return the Declaration and release form within two (2) business days from its receipt. 

d.    Stingray and the winner will determine the date and manner of delivery of the prize (post or hand delivery). The prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except as determined by Stingray. Stingray reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the prize (or any portion thereof) cannot be awarded for any reason. There will be no compensation if a prize (or any portion thereof) is not used by a winner.

e.    If the selected participant fails to comply with any of the conditions set forth in the Contest Rules, he/she will be disqualified and will not receive the prize, which will may be awarded to another participant selected by Stingray. 

6.    Declaration and release form

The selected participant will be required to fill out, sign and return to Stingray the Declaration and release form that confirms the winner's: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the prize as offered; and (iii) release of Stingray, its affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising and promotional agencies (collectively, the "Beneficiaries"), and Instagram, from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity.

7.    Release

a.    By entering the Contest, each participant releases the Beneficiaries from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity.

b.    When applicable, each winner acknowledges that the only warranty applicable to its prize is the manufacturer’s usual warranty and the one provided by the prize supplier, if any. 

8.    Limitation of liability

The Beneficiaries assume no responsibility or liability:

a.    for lost, late, unintelligible, illegible, falsified, damaged, misdirected and/or incomplete entries, notifications and/or replies;

b.    for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions related to the use of the Contest page or that may affect the transmission or non-transmission of an entry;

c.    for any incorrect or inaccurate information, whether caused by users of the Contest page 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; 

d.    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; and 

e.    in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of Stingray, 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 and/or the Contest page.

For the avoidance of doubt, this limitation of liability shall not apply to any damages caused by bodily or moral injury.

9.    Conduct

a.    By entering the Contest, each participant agrees to be bound by the Contest Rules, which will be posted on the Contest page for the Contest Period. Each participant further agrees to be bound by the decisions of Stingray, which shall be final and without appeal, subject, in Quebec, to any decision of the Régie des alcools, des courses et des jeux on any matter within its jurisdiction. Stingray reserves the right, in its sole discretion, to disqualify any participant found to be (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest page; and/or (c) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. The person in question may be reported to the competent legal authorities.

b.    The winner must at all times behave appropriately when participating to the activities or events included in or related to the prize (when applicable) and must observe the Contest Rules and any other rules or regulations in force at the applicable locations.

10.    Personal information and authorization. 

a.    Stingray can collect and use information provided by the participants (including – without limitation – his/her name, mailing address, telephone number, and e-mail address) for the sole purpose of administering the Contest. Stingray will process any such personal data in accordance with any applicable rules. At any time, upon submitting a written request to Stingray at privacy@stingray.com, accompanied by a proof of the participant’s identity, the participants have the right to access the personal data relating to them, and, where appropriate and free of charge, to demand correction of any erroneous data, or to oppose any use of these data for direct marketing purposes or for serious and legitimate reasons that have regard to their personal situation. Any personal information provided to Stingray will be subject to Stingray’s Privacy Policy, available at: http://www.stingray.com/en/privacy-policy. 

b.    For the sole purposes mentioned hereinabove, the participants’ personal data may be communicated to Stingray’s affiliates worldwide, or to any contract partners or service providers. 

c.    By entering the Contest, the participants also agree to grant an irrevocable and royalty free licence and permission to Stingray to use their name, photograph, image, voice, statement and place of residence (as the case may be), for publicity and promotional purposes relating to the Contest, in any media and platform now known or hereafter devised, without limitation of time and territory.

11.     Rules

The Contest Rules are available on the Contest page during the Contest Period. The Contest Rules are applicable to each person who enters the Contest. Subject to the approval of the Régie des alcools, des courses et des jeux for Quebec’s residents, if required, Stingray reserves the right to terminate the Contest, in whole or in part, and/or modify or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice. 

12.     Applicable law and Complaints

a.    Subject to the following paragraph, this Contest is subject to all applicable national, federal and provincial laws and regulations; unless otherwise provided at law, all actions, proceedings or litigation relating hereto shall be adjudicated in the judicial district of Montreal, province of Quebec, and the parties consent to such exclusive venue and jurisdiction.

b.    For Quebec’s residents, any litigation respecting the conduct or organization of the 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 des alcools, des courses et des jeux only for the purpose of helping the parties to reach a settlement.

13.    Severability

If any provision of these Contest Rules is held by any court or administrative tribunal of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from these Contest Rules and the remaining provisions shall remain in full force and effect. Stingray’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision.

14.    Instagram

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Any information provided is being provided to Stingray, and not to Instagram. Instagram is completely released from all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to Stingray and not to Instagram

15.    Language

In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.