Contest Terms and Conditions
Instagram Giveaway: Nest Caddy
Nov 11, 2016 - Nov 13, 2016
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who follow Umbra Shift on Instagram through the handle @umbrashift and who are 19 years old as of the date of entry. The Campaign is only open to legal residents of Canada and the United States of America and is void where prohibited by law. Employees of Umbra Ltd, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Umbra Ltd as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on November 11, 2016 at 12:00pm EST and ending November 13, 2016 at 11:59pm EST. All entries must be received by November 13, 2016 at 11:59pm EST.
4. How to Enter: The Campaign must be entered through Instagram using a comment in the posting section of the image. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Umbra Ltd. Optional verbiage to include: If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Umbra Ltd.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive one NEST CADDY for entrant and one NEST CADDY for tagged friend for a total retail value of $160 CAD. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Umbra Ltd. No cash or other prize substitution shall be permitted except at Umbra Ltd discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Umbra Ltd to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of Umbra Ltd. Winner will be notified by Instagram direct message within five (5) days following selection of Winner. Umbra Ltd shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT UMBRA LTD’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Terms & Conditions: Umbra Ltd reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Umbra Ltd’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Umbra Ltd select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Umbra Ltd. Umbra Ltd reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Umbra Ltd has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Umbra Ltd reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability: By entering, You agree to release and hold harmless Umbra Ltd and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
10. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF CANADA AND ONTARIO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Ontario having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
12. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Umbra Ltd 40 Emblem Rd, Toronto, Ontario, M1S 1B1, Canada. Requests must be received no later than December 31, 2016 at 11:59pm EST.
13. Sponsor: The Sponsor of the Campaign is Umbra Ltd 40 Emblem Rd, Toronto, Ontario, M1S 1B1, Canada.
14. Facebook: If you use Facebook to communicate or administer a contest or sweepstakes, include the following: The Campaign hosted by Umbra Ltd is in no way sponsored, endorsed, administered by, or associated with Facebook.
15. By entering the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.