Under the “Fall 2022 Cengage Canada Impact Survey” Contest (the “Contest”) organized by [Cengage Canada] (the “Organizer”) and taking place between [Thursday, October 13th, 2022 at 10:00 am EST] (the “Contest Opening Date”) and [Friday, October 28th, 2022 at 10:00 a.m. EST] (the “Contest Closing Date”), the winners will be chosen on [Friday, November 11th, 2022 at 10:00 am EST.]
The Contest is open to all users of Cengage online learning platforms in Canada who are residents of Canada (with the exclusion of Quebec residents) and who have reached the age of majority in their province or territory of residence by the Contest Opening Date, except for employees, agents and representatives of the Organizer, its subsidiaries, affiliates, affiliated companies, advertising or promotion agencies, the suppliers of material, prizes and services related to the Contest, and any other stakeholder directly related to the holding of the Contest (collectively, together with the Organizer, the “Released Parties”), as well as the members of their immediate family (father, mother, brothers, sisters, children and legal or de facto spouse) and anyone with whom these employees, representatives and agents reside.
2.1 No purchase necessary
2.1.1. To enter the Contest, the contestant (the “Contestant”) must fill out the Cengage online learning platform survey and contest entry form available at https://cengagebrm.ca1.qualtrics.com/jfe/form/SV_8ji5L6BDUTQGdi6, including providing the following mandatory information: (i) first name; (ii) last name; (iii) email address; (iv) phone number; (v) address; (vi) date of birth to confirm that they have reached the age of majority in his/her province; and (vii) confirmation that they have read and understood the Rules.
2.1.2 Alternatively, Contestants may enter by providing the following mandatory information via mail to be addressed to 1154 Warden Avenue Unit 419 Scarborough, ON M1R 0A1, Attn: Margaret Sulc, Marketing Programs Manager: (i) first name; (ii) last name; (iii) email address; (iv) phone number; (v) address; (vi) date of birth to confirm that they has reached the age of majority in his/her province; and (vii) confirmation that they have read and understood the contest rules available online at : www.cengage.ca/contest-rules.
2.1.3. A Contestant who has completed the online survey and entry form or mail entry form is eligible for a Prize (defined below) draws, to be held on [Friday, November 11th, 2022 at 10:00 am EST.]
2.1.4 Limit of one (1) Contest entry per person.
3.1. There will be [five (5)] prize winners of the Contest. The winners will each receive a [one hundred CAD ($100) Amazon gift card] (each, a “Prize”). The total cumulative value of the Prizes is [CAD $500].
The Prize offered must be accepted as awarded and is not exchangeable, refundable, transferable or convertible into cash. The Organizer reserves the right, at their sole option, to substitute any of the identified prizes for a prize of comparable value. In the event a Prize is not accepted in accordance with its attached conditions, the Prize will be deemed to be forfeited. Unclaimed prizes will not be awarded.
4.1 The Organizer shall select [five (5)] winners by way of a random selection from all eligible entries received after the Contest Opening Date and before the Contest Closing Date. The draw shall be held on [Friday, November 11th, 2022 at 10:00 am EST] in the offices of the Organizer. Odds of winning depend upon the number of participants engaging in the Contest.
5.1 In order to be declared a winner, a selected Contestant must:
5.1.1 Fill in the survey and online entry form, or mail in entry form, including all mandatory information;
5.1.2 Be reached by telephone or email by the Organizer of the Contest within forty-eight (48) hours after the draw and correctly answer a mathematical skill-testing question that will be asked. If it is impossible to reach a selected Contestant by telephone or email within forty-eight (48) hours after the draw, all rights to the Prize will be forfeited;
5.1.3 Complete and sign the declaration and waiver form (the “Declaration Form”) which will be transmitted by the Organizer and must be returned to the Organizer of the Contest within three (3) business days of receipt.
5.2 The winners will be named within thirty (30) days following the draw date for the Prizes. The winners’ names may be obtained by writing to “Fall 2022 Cengage Canada Impact Survey”, Attn: Margaret Sulc, Marketing Programs Manager, [email protected], 1154 Warden Avenue Unit 419 Scarborough, ON M1R 0A1.
5.3 In default of observing any of the conditions mentioned above or any other conditions stipulated in these Rules, a selected Contestant will be disqualified and the Prize that would have been awarded to that Contestant will be forfeited. Within the days following receipt of the duly completed Declaration Form, the Organizer of the Contest will contact the winners to inform them of how to claim the Prizes.
6.1. From time to time, the Organizer, with the Contestant’s consent, may use the personal information provided in the entry form and survey for the purpose of:
6.1.1. Communicating with a winner so they can take possession of the Prize;
6.1.2. Communicating with the Contestant directly in relation to goods and services offered by the Organizer, including special offers and information regarding online learning platforms;
6.1.3. Conducting a survey regarding the effectiveness of the website, advertising and sales efforts made by the Organizer; and
For further information regarding the use of personal information by the Organizer as described in the Policy regarding the protection of personal information and the right to privacy adopted by the Organizer and its affiliates, the Contestant is invited to visit its website: https://www.cengagegroup.com/privacy/.
7.1. Incomplete Forms: Any forms that are incomplete, received after the Contest Closing Date, lost, irregular in any way or sent by an unauthorized method shall be deemed null and void and will not be accepted for the draw.
7.2. Intellectual Property: The Winner, without receiving additional compensation or notification, gives rights to the use worldwide and in perpetuity of their name, address (city, province), image, voice, statements, comments, photographs and/or other likeness, by the Organizer for any purpose whatsoever through all media, including, without limitation, the internet for advertising or promotional purposes, and they agree to sign any additional document that could serve to assign the rights to their image, in particular, to the Organizer.
7.3. Limitation of Liability: The Contest is administered by the Organizer. The Organizer assumes no responsibility for entry forms that are received after the Contest Closing Date, lost, stolen, misdirected, illegible, incomplete, falsified, altered or destroyed, and such forms shall be deemed null and void. The Organizer will assume no responsibility for any problem, failure or technical malfunction of a network line, online computer system, peripheral telephone, software, server, provider, email or browser or any other technical malfunction that may occur, including, but not limited to, a problem of the transmission or non-transmission of an entry form, for any reason whatsoever. The Organizer is not responsible in any way for erroneous or inaccurate information, whether caused by website users or by the equipment and/or programs associated with or used by the Contest or by a technical or human error that may have occurred in conducting the Contest, including in the processing of entry forms. The Organizer assumes no responsibility for any error, omission, interruption, loss or fault relating to operation or transmission, failure of communication lines, loss or destruction or prohibited access to or modification of the entry forms. The Organizer is not responsible for any injuries or damages that may result from the holding of the Contest, from a Contestant’s participation in the Contest or receipt or use or misuse of any prize. All entry forms become the property of the Organizer and will not be returned to the Contestant. The Organizer reserves the right to destroy all the documents pertaining to the Contest once the retention period as required by law has expired. The Organizer reserves the right, at their sole discretion, to cancel, modify or postpone the Contest at any time, without prior notice, if any factor prevents the holding of the Contest pursuant to these Rules or in accordance with any law, regulation, by-law or policy of any entity having jurisdiction over the Organizer.
7.4. Release: The Contestant agrees to release, discharge, and forever hold harmless the Released Parties and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with, the Contestant’s participation or attempted participation in the Contest, compliance or non-compliance with these Rules and the acceptance and use of a Prize.
7.5. Governing Law
7.5.1 By entering the Contest, the Contestant agrees that, except where prohibited by law: (a) any and all disputes, claims and causes of action arising out of or connected with the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of the Province of [Ontario]; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event shall the Contestant be entitled to obtain lawyers fees or other legal costs; (c) under no circumstances will the Contestant be permitted to obtain awards for, and the Contestant waives, to the extent permitted by applicable law, all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (d) all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the Contestant and the Organizer in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Province of [Ontario] without giving effect to any choice of law or conflict of law rules (whether of the Province of [Ontario] or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of [Ontario].
7.6. Caution: Any attempt by any person(s) to damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and, should such an attempt be made, the Organizer reserves the right to seek damages and/or other remedies (including lawyers’ fees) from any such person(s) responsible for the attempt to the fullest extent permitted by law.
7.7. Acknowledgement: By entering the Contest, the Contestant acknowledges having read and understood these Rules and agrees to be bound by them and to comply with them. The Contestant declares that the Rules are understandable and reasonably available for consultation.
