Rules and Regulations
2016 Start Something with Alesse Contest Rules and Regulations
The Start Something with Alesse Contest is sponsored by Pfizer Canada Inc. (the “Sponsor”) and managed by NATIONAL Public Relations (the “Agency”). The purpose of this contest is to sponsor two projects initiated by young Canadians that are intended to start something new and different and that are deemed great initiatives.
- No purchase necessary. Void where prohibited. The Start Something with Alesse Contest (the “Contest”) is open only to legal Canadian residents who are at least 16 years of age by 12:00:01 a.m. ET January 8, 2016. Participants can be individuals, or groups of individuals of up to three persons (“Participants”). Every Participant must complete an application form and, if they are selected as a Finalist, complete a release form. In the case of group applications, each group Participant must be named on the application form and, if they are selected as a Finalist, complete a release form. Group members who are not so named are not eligible for the Contest.
- Employees of Sponsor and employees of a distributor, supplier or agency of Sponsor and healthcare practitioners (“Related Participants”) are not eligible to apply. A person for whom a publicity contest is carried on, his employee, representative or agent, a member of the jury and the persons with whom they are domiciled may not enter the contest. Anyone who attempts to defraud or in any way tamper with the Contest will be ineligible.
- How to enter: The opportunity to submit applications to the Contest begins 9:00 a.m. ET on January 8, 2016 and ends 11:59:59 p.m. ET on February 7, 2016 (the “Contest Period”). To enter, applicants must go to facebook.startsomethingwithalesse.ca (the “SSWA Facebook Page”), install the Facebook App (the “App”), follow directions to register, and submit a project in either the For-profit category (the “For-profit Category”) OR Non-profit category (the “Non-profit Category”). Participants may also submit a project on https://yconic.com/program/startsomethingwithalesse. Limit one (1) entry per Facebook account. Limit one (1) application per Participant during the Contest Period in either the For-profit Category OR Non-profit Category. To be eligible for consideration, an application must be submitted through the App or https://yconic.com/program/startsomethingwithalesse by the end of the Contest Period, and comply with these Regulations. By entering the Contest, Participants automatically agree to accept and abide by these Regulations. All decisions of the Sponsor or the Agency with respect to any aspect of the Contest, including without limitation the eligibility of entries, are final and binding on all Participants in all matters as they relate to the Contest. Entries that are not original compositions by the Participant, illegal, defamatory, obscene, contain nudity or profanity, or entries that discriminate based on the grounds set out in Human Rights codes or other applicable legislation will not be eligible, determined at the sole discretion of the Sponsor or the Agency.
Participants may withdraw their application at any time prior to selection of the Winners, thereby forfeiting any rights to any Contest prizes. In the case of a group application, individual Participants may withdraw their participation in the Contest and thereby forfeit any rights to any Contest prize, however the group application will not be withdrawn as a whole unless all group Participants agree to such withdrawal.
- Selection and notification of Winners: During the finalist selection period, all Participant entries will be subject to an initial assessment by the Agency and Sponsor, who will select the top ten (10) finalists – five (5) from the For-profit Category and five (5) from the Non-profit Category.
The following criteria will be used to judge and determine the finalists in both the For-profit Category and Non-profit Category:
Component Scoring Description Project Name 1 point Project has an interesting, relevant and catchy name. Engaging 4 points Project is bold, creative, interesting and unlike other entries. Realistic 3 points Project is realistic and can be reasonably executed within the parameters expressed in the entry. Overall Impression 2 points Project entry is articulate, clear and well thought-out. Total Score Out of 10
Finalists will be notified by February 22, 2016 at 11:59:59 p.m. ET. and their projects will then be posted on the SSWA Facebook Page/App. Finalists must send five (5) photos of themselves against a white background and five (5) casual photos of themselves for use on the App, SSWA Facebook Page and Contest website (http://startsomethingwithalesse.ca); one (1) or more will be selected to be posted along with their entry. By sending their photos, each Finalist is giving permission to the Sponsor and the Agency to use the Finalist’s name, photo, likeness, and project entry for advertising/publicity purposes of the Contest, without further compensation.
Two winners will be determined through an online voting process on the SSWA Facebook Page. One (1) winner will be selected from the For-profit Category and one (1) winner will be selected from the Non-profit Category. During the voting period, individuals can vote (“Voters”) for the Submission they think should win in each category. Voters will be allowed up to one (1) vote (“Vote”) per Voter per day in each category during the Voting Period. Each Participant in the Contest will also be allowed up to one (1) Vote each day in each category during the Voting Period. The Voting period will open at 9:00:00 a.m. ET on March 21, 2016 and close at 11:59:59 p.m. ET on May 2, 2016. For purposes of voting, a “day” shall be defined as the 24-hour period beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET.
Finalists will be eliminated in three stages. At 9:00:00 a.m. ET on April 4, 2016, the Finalist with the fewest Votes in the For-profit Category and the Finalist with the fewest Votes in the Non-profit Category will be eliminated as a potential Winner, their projects will be removed from voting, and they will become a runner-up in the Start Something with Alesse contest (a “Runner-Up”), leaving eight (8) Finalists. At 9:00:00 a.m. ET on April 18, 2016, of the eight (8) remaining Finalists, the Finalist with the fewest Votes in the For-profit Category and the Finalist with the fewest Votes in the Non-profit Category will be eliminated as a potential Winner, their projects will be removed from voting, and they will become a Runner-Up, leaving six (6) Finalists. At 9:00:00 a.m. ET on April 25, 2016, of the six (6) remaining Finalists, the Finalist with the fewest Votes in the For-profit Category and the Finalist with the fewest Votes in the Non-profit Category will be eliminated as a potential Winner, their projects will be removed from voting, and they will become a Runner-Up, leaving four (4) Finalists. At 11:59:59 p.m. ET on May 2, 2016, of the four (4) remaining Finalists, the Finalist with the fewest Votes in the For-profit Category and the Finalist with the fewest Votes in the Non-profit Category will be eliminated as a potential Winner, their projects will be removed from voting, and they will both (each) become a Runner-Up. The Finalist with the highest number of Votes in the For-profit Category and the Finalist with the highest number of Votes in the Non-profit Category will each be deemed Winners for a total of two (2) Winners. If there is a tie among the Applications of finalists after the Voting Period has ended, the Sponsor (and/or its designated agent), in its sole and absolute discretion, will break the tie based on a random draw. At the end of the Voting Period, the Sponsor will award one prize of $5,000 to each of the two (2) Winners, and one prize of $500 to each of the eight (8) Runners-Up. In the event of a group, any such prize will be divided equally among the group Participants. The Sponsor and Agency will verify Winners and Runners-Up eligibility by profile information such as country they reside in and age, verified by legal identification such as driver’s license or other legal photo identification. Winners will be notified by phone and/or email by the Agency within three (3) days of the selection (May 2, 2016). If a Winner cannot be contacted within three (3) days, or is found to be ineligible, or does not comply with these rules and regulations (the “Regulations”), the prize will be forfeited and an alternative Winner may be selected based on the Participant with the next highest number of votes earned. All Winners and Runners-Up will be required to complete a prize acceptance package (“Prize Agreement”) (see Section 8 below for more information on the Prize Agreement). Participants agree to be bound by the Regulations and any and all decisions of the judges, which are final and binding in all respects. Before being declared a Winner, the selected Participant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed by email or telephone.
- Prize: Two (2) prizes of $5,000 each, and eight (8) prizes of $500 each.
- Prize Limitations: Winners and Runners-Up must be legal Canadian residents who are at least 16 years old, by 12:00:01 a.m. ET on January 8, 2016. The Contest is subject to these Regulations and all applicable federal, provincial and local laws. Winner is solely responsible for any and all applicable taxes associated with the Prize. Neither the Sponsor nor the Agency is responsible for delay in Prize delivery.
- Winner Release Forms: Winners must execute and return within five (5) days of receipt by Winner, a liability release, a publicity release (where legal), the Prize Agreement and any other documentation that the Sponsor or the Agency requires (“Prize Acceptance Documents”). Except where prohibited by law, each Winner’s acceptance of the Prize is permission for the Sponsor and the Agency to use the Winner’s name, photo, likeness, biographical information, statements, voice, project entry and address (city and province only) for advertising/publicity purposes worldwide and in all media, without further compensation.
- Prize Agreement: The Prize Agreement will be as determined by Sponsor and Agency in their sole and absolute discretion, and will require that the potential Winners certify that implementing the project contained in their Application will be in compliance with all applicable laws and regulations.
- Winners who submitted an Application as an individual must submit the following on the project page at facebook.startsomethingwithalesse.ca:
- Project Name
- Project Overview (400-800 characters)
The Sponsor and the Agency, in their sole and absolute discretion, may request additional information other than as provided above in accordance with its standard practices and policies, and will make decisions on how and when the Prize (or any portion thereof) is to be released to the Winner and which milestones need to be met before further portions of the Prize will be released to the Winner.
A Winner will complete, sign and return within two (2) days a Prize Agreement which will be issued by the Agency and which contains the terms and conditions for the awarding of the Prize as set forth in more detail in this Section. The Prize Agreement will be emailed to the address provided when the Participant created and/or updated their Profile. If the Prize Agreement and any required documents are not returned within the required two (2) days by fax or scanned and sent by email with the original document to follow by mail within five (5) days, or if any email is returned to Sponsor as undeliverable without a forwarding address, the Prize may be forfeited in Sponsor’s sole and absolute discretion, and neither Sponsor nor the Agency will have any further responsibility to Participant in connection with this Contest.
If the Winner is a minor in their Province of legal residence, then their parent or legal guardian will need to agree to assume all liability and responsibility as the Winner, which includes, but is not limited to, signing all required documents in connection with receiving a Prize. If the Winner (or their parent/legal guardian) is unwilling or unable to sign such Prize Agreement, the Agency will advise Sponsor and Sponsor will void the Winner’s eligibility as a Winner, and neither Sponsor nor Agency will have any further obligation to the Winner or to otherwise award the corresponding Prize.
- Representation and warranty: By entering the Contest, each Participant represents and warrants that they hold sufficient intellectual property rights to submit their application, free and clear of any encumbrances.
- Limitation of Liability: By entering the Contest, each Participant releases the Sponsor, the Agency, their advertising and promotion agencies, and any agents involved in the development, production or handling, implementation and distribution of this Contest, and their respective parent companies, affiliates, subsidiaries, service providers, officers, employees and other person/entity associated with the Contest (the “Contest Entities”) from any and all liability for losses, injuries, or expenses of any kind (including, without limitation, property damage, personal injury and/or death and intellectual property infringement) resulting from participation in Contest including acceptance and/or use/misuse of Prize. By entering the Contest, each Participant also grants the Sponsor and the Agency the right to use entry information for marketing purposes to the extent permitted by law, and releases the Sponsor and the Agency from any claims or liability relating to such use. Each Participant agrees that none of the Contest Entities have made or are responsible for any representation or guarantee, express or implied, in fact or in law, relative to either Prize.
- The Sponsor and the Agency assume no responsibility for garbled, lost, late, delayed, destroyed or misdirected mail, voice messages, email or any computer errors or malfunctions. No correspondence will be entered into except with Finalists or potential Winners, Participants requesting these Regulations by mail or requesting the name of the Winner (for which a self-addressed, postage paid envelope must be included). The Sponsor and the Agency do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials or data that have been tampered with or altered are void. The Sponsor and the Agency reserve their right, with the consent of the Régie des alcools, des courses et des jeux in the province of Quebec (the “Régie”), to terminate this Contest or modify these Regulations in any way, without prior notice. Without limiting the foregoing, if for any reason, in the opinion of the Sponsor or the Agency in their sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond their control, the Sponsor and the Agency reserve their right, with the consent of the Régie to cancel, terminate, modify, amend, extend or suspend the Contest, including cancelling any method of entry, and select a Winner from previously received eligible Entries. The Sponsor and the Agency reserve their right, in their sole discretion, to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Regulations or otherwise in a disruptive manner. The Sponsor and the Agency, in their sole discretion, further reserve their right to terminate the Contest and conduct the judging from eligible entries and (as applicable) previously received before the Contest closing date. Any attempts to deliberately damage the Contest website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Sponsor and the Agency reserve their right to seek remedies and damages to the fullest extent of the law. The Sponsor and the Agency shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest, including any damage to a Participant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest web site, where applicable.
- Jurisdiction: The Contest will be governed by and construed in accordance with the Canadian laws without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states of provinces’ laws. Each Participant who participates in the Contest irrevocably agrees that, if a dispute arises out of or relates to these Regulations or any submission materials, such dispute will be resolved solely by binding arbitration before a sole arbitrator, with experience in advertising or promotion and entertainment law, under the rules and regulations of the Arbitration and Mediation Institute of Canada (“AMIC”); provided, however, that notwithstanding the parties’ decision to resolve any and all disputes arising under this Contest through arbitration, the Sponsor may nonetheless: (1) seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these Regulations or the entry documents; (2) bring an action in court to protect or interpret any licensee’s purported intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with jurisdiction. The arbitration will be held in Toronto, Ontario, Canada. The arbitrator will issue a written decision, and will have the power to award any legal remedies, except as limited by these Regulations, the entry documents or the Prize Acceptance Documents. For the province of Quebec, any litigation respecting the conduct or organization of this contest in Quebec may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a prize (in this case the Prize) may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
BY PARTICIPATING IN THE START SOMETHING WITH ALESSE CONTEST, I WARRANT THAT I MEET THESE ELIGIBILTY REQUIREMENTS AND HAVE READ, ACCEPTED AND WILL COMPLY WITH THE CONTEST RULES AND REGULATIONS AND THE SUBMISSION TERMS AND GUIDELINES, AND THAT ANY VIOLATION THEREOF MAY DISQUALIFY ME FROM THE CONTEST. BY SUBMITTING THIS ENTRY, I AGREE TO SURRENDER ALL RIGHTS FOR IT TO THE SPONSOR AND THE AGENCY TO USE WHEREVER THEY DEEM APPROPRIATE.