September 2023 Photo Contest OFFICIAL RULES
September 11/2023
1. SPONSOR: The Contest (the “Contest”) is conducted and sponsored by Hot Water LeisureScapes (herein referred to as the “Sponsor”).
2. CONTEST DESCRIPTION: This Contest will operate as a Photo Submission contest.
3. CONTEST SCHEDULE: This Contest starts at 10:00 a.m. Mountain Standard Time on September 12th, 2023 and closes for entry purposes at 11:59 p.m. Mountain Standard Time on September 30th, 2023 (the “Entry Expiry”). Subject to eligibility (as provided in Section 8), a person (the "Entrant") must submit and ensure receipt of the Entry (as provided in Section 4) before the Entry Expiry. No Entries will be accepted after the Entry Expiry.
4. HOW TO ENTER: No purchase necessary. To submit an entry (the “Entry” or “Entries”) to the contest and be considered as an Entrant the following must be completed: 1) Social Media. Share a photo of the product (Hot Tub; Swim Spa; Gazebo; Swimming Pool) on Social Media (Instagram or Facebook) The photo may be posted to the Entrant’s Facebook or Instagram page and must be Public so the Sponsor can verify the entry. 2) Entrant must use the hashtag #hotwaterleisurescapes in the description text of the photo on Instagram or Facebook or tag the Sponsor, “Hot Water LeisureScapes” in the photo. Post must be Public so the Sponsor can verify the entry. 3) Verification and authentication of personal ownership of the product in the photo entry by the Entrant will be conducted by the Sponsor.
5. SELECTION OF WINNER AND NOTIFICATION: Upon completion of the Contest Schedule Time, a Sponsor representative shall review all photo entries for eligibility of which will be entered into a draw and a Winner will be selected at random. The Sponsor will contact the winning Entrant directly. All determinations of the Qualified Entrants and Winner by the Sponsor are final and binding. All matters related to the selection of Qualified Entrants and Winner of the draw and the verification of the eligibility of the Qualified Entrants shall be conducted by the Sponsor, or by persons designated by the Sponsor, in the Sponsors’ sole and absolute discretion. All decisions made by the Sponsor in this regard are final and binding and cannot be challenged.
6. DRAW DETAILS: If necessary, should the Prize in this Contest be unclaimed, or should the Winner thereof be unwilling, unable or ineligible to win the prize as set out in these official rules, the prize will be forfeited, and the Sponsor may, but will not be obligated to, draw, as replacements only, any additional Entries. Odds of winning depend on the number of Entries received and the time of entry, in that the drawings of Qualified Entrants will occur over time and the number of Entries will likely increase as time passes. Qualified Entrants and Winners must comply with all official rules.
7. PRIZES: Before the award of any Prize, the Winner must correctly answer unaided, a mathematical, time-limited, skill-testing question (2 x 10) - 10 + 2 =.
There is one Prize available to be won. The approximate value of the prize is one thousand nine hundred and ninety-nine dollars (CDN $1,999.00). The Prize Winner is responsible for paying for all other expenses associated with the Prize, including but not limited to: travel associated with collection of the Prize, the cost of shipping, picking up, or delivering The Price. The Prize will not include any options or features other than as described by the Sponsor. Once the Prize Winner is confirmed, the Prize Winner will make arrangements for pick up or delivery with the Sponsor. The Prize Winner understands that he or she may not seek reimbursement for any expenses whatsoever from the Sponsor, nor any of their respective affiliates nor their advertising and promotional agencies. The Prize is not transferable and must be accepted as awarded with no substitutions, except at the Sponsor’s sole discretion. Neither the Prize nor any other prize is redeemable for cash and no substitute for any portion of any prize is offered. Should any prize winner be unable to claim any prize as awarded, his or her Entry will be considered disqualified and all rights to any prize will be forfeited and another Qualified Entrant will be selected as winner in accordance with these Contest rules. The Sponsor will not be responsible, however, if weather conditions or other factors beyond the Sponsor’s reasonable control prevent any draw in this Contest or the award of any prize in this Contest from being fulfilled. In any such event, a Winner will not be provided with a substitute prize or cash equivalent. Each prize will only be granted to the verified and qualified Winner.
8. ELIGIBILITY: To be eligible (subject to disqualification) an Entrant must be (18) years of age or older; a resident of Alberta; have a valid Facebook or Instagram account. An Entrant will cease to be eligible and will be disqualified if, during the entry period, he or she is or becomes an employee of Hot Water LeisureScapes or subsidiary, or a member of the immediate family (defined as mother, father, brother, sisters, sons, daughters and husband or wife, regardless of where they reside) or household of any of the above persons, their respective affiliates, agents, licensors, associates, representatives and advertising agencies. All decisions regarding eligibility to enter this contest will be determined by the Sponsor in their sole discretion. This Contest is void where prohibited by law.
9. DECLARATION OF WINNERS: No Prize Winner will be declared a Winner until: (a) The Sponsor has determined that the selected Entrant is a prize winner and is not disqualified pursuant to these official rules. (b) The selected Entrant correctly answers a skill testing question as set out in these Official Rules; and (c) The selected Entrant executes a release and waiver in the form provided by the Sponsor.
10. CONTEST MODIFICATION OR CANCELLATION: The Sponsor reserves the right, without prior notice and at any time, to terminate the contest, in whole or in part, or modify, suspend or extend the Contest in any way, if the Sponsor determine, in their sole discretion, that the Contest is impaired or corrupted or is not capable of running as originally planned for any reason or that fraud or technical problems, failures or malfunctions (including without limitation, computer viruses, glitches or printing or production errors) have destroyed or severely undermined the proper conduct, integrity, and/or feasibility of the contest. In the event the Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, riot or civil disturbance, terrorist threat or activity, war or any federal, provincial or local government law, order, or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control, then subject to any governmental approval which may be required, the Sponsors shall have the right to modify, suspend, extend or terminate the Contest. If, for reasons beyond the Sponsor’s control and not related to any winner, The Sponsor is unable to award any prize (or part of any prize) as described in these Contest Rules, the Sponsor reserves the right to substitute a prize (or part of a prize) of similar nature and of equal value, or, at their sole discretion, the cash value of the prize (or part of the prize).
11. PARTICIPATION: Participation in this contest by submission of any Entry constitutes an agreement by such Entrant to comply with all these official rules and the terms and conditions of the Contest as set out herein.
12. DISQUALIFICATION: It is each Entrant’s responsibility to ensure that the Entrant has complied in full with all the conditions and requirements contained in these official rules. If any Entrant or Winner is found to be ineligible, or if such Entrant or Winner has not complied with these official rules or declines the prize for any reason prior to award, such Entrant or Winner will be disqualified and, in the Sponsor’s sole discretion, an alternate winner may be selected. No mechanically reproduced, illegible, incomplete, forged, software generated, AI generated, or other automated multiple Entries will be accepted. In addition to disqualification under Section 3, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found (i) to be tampering or attempting to tamper with the entry process or the operation of the Contest; (ii) to be acting in violation of these official rules; (iii) to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of this Contest; or (iv) to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
13. RELEASE AND INDEMNIFICATION: By entering the Contest, each Entrant: (a) releases and agrees to hold the Sponsor and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, suppliers, and agents harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, bodily injury and property damage, or any other damage or loss, due in whole or in part, directly or indirectly, to participation in this Contest, any Contest related activity, or from acceptance, possession, use or misuse of any prize, or participation in any prize related activity; and (b) agrees to fully indemnify the Sponsor and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, suppliers, and agents from any and all claims on the part of any third party or parties related in any way and for any reason to the Contest or to any prize including, without limitation, death, and personal or property damage or injury; and (c) fully releases and agrees to hold Meta, Facebook, and Instagram harmless from liability, and acknowledges that the promotion and Contest is in no way sponsored, endorsed, administered by, or associated with Meta, Facebook, or Instagram.
14. LIMITATION OF LIABILITY: The Sponsor assumes no responsibility or liability for incorrect, damaged, illegible, incomplete, mutilated, spoiled, destroyed, stolen, misplaced, lost, late, misdirected, or incomplete Entries, which may be judged void, any notifications, responses, replies, or for any computer, telephone, hardware, software, or technical malfunctions that may occur. The Sponsor assumes no responsibility for any theft or destruction or unauthorized access to, or alteration of Entries. The Sponsor is not responsible for any injury or damage to Entrants in this Contest.
15. PUBLICITY RELEASE: By entering this Contest, each Entrant hereby agrees and grants to the Sponsor, without further compensation, the unrestricted rights, but not the obligation, to the use his/her name, picture, portrait, likeness, voice, along with his/her address (city and province) and any statements made by or attributed to such Entrant in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe, for advertising and promotional purposes in connection with the contest and other promotions, without further notice or compensation and releases the Sponsor from any liability with respect thereto. The Sponsor reserves the right to use any and all information related to the Contest, including information on Entrants obtained through the Contest, for marketing purposes or any other purpose, unless prohibited by law.
16. OFFICIAL RULES AND LAWS: These are the official contest rules (the “official rules”) for this Contest. This Contest is subject to all federal, provincial, and municipal laws and regulations. These official rules are subject to change without notice in order to comply with any applicable federal, provincial, and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. These official rules, as amended from time to time, will be posted online at www.hotwaterpoolsandspas.ca,
17. CONSTRUCTION: The invalidity or unenforceability of any provision of these official 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 official rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained in these official rules. Headings and captions are used in these official rules solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these official rules or any provision hereof. These official rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Employees of the Sponsor are not authorized to modify, amend, or waive these contest rules.
18. PRIVACY: By entering the Contest, each Entrant agrees to the Sponsor’s use of the personal information of each such Entrant for the sole and express purposes of administering this Contest. No Sponsor is responsible directly or indirectly for any loss or damages whatsoever incurred as a consequence of internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God.