ARITZIA Instagram Super Puff Contest
Please read these ARITZIA Instagram Super Puff Contest Official Rules (these “Rules”) before submitting an entry in the Contest (as defined below). By submitting a Contest entry, you: (i) acknowledge and signify that you have read, understood and agreed to be bound by these Rules; (ii) agree to be contacted by Aritzia LP (“Aritzia”) by direct message on Instagram, e-mail, telephone, and/or mail; and (iii) agree that the decision of Aritzia is final and binding in respect of all matters relating to the Contest.
The Contest: The Aritzia Instagram Super Puff Contest (the “Contest”) is conducted by Aritzia LP, with offices at 611 Alexander Street, Suite 118, Vancouver, BC V6A 1E1 Canada.
Contest Period: The Contest begins on October 17, 2018 at 12:01 a.m. Pacific Time (“PT”) and ends on October 26, 2018 at 11:59 p.m. PT (the “Contest Period”). All times mentioned in these Rules are Pacific Time unless expressly noted otherwise. The time will be determined by Aritzia's timekeeping systems, and Aritzia may also rely on the time processing functions of Instagram, as relevant. Aritzia has the sole discretion in determining the timeliness of any action or inaction related to this Contest.
Who Can Enter: The Contest is open only to individuals who are either legal residents of Canada (excluding residents of Quebec) or legal residents of the fifty (50) United States (excluding residents of Rhode Island) or the District of Columbia, and who have reached the age of majority in the province, territory or state in which they reside. To be eligible to win a prize, entries must be completed and received by Aritzia before the end of the Contest Period. Employees of Aritzia, or each of their respective parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win.
Rights Granted to Aritzia: By entering this Contest, you grant to Aritzia a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce the Submission and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Submission in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Aritzia and its licensees or assignees determine, without further compensation, notification, or permission. By entering the Contest, you waive any moral rights you may have in the Submission in favor of Aritzia.
By entering this Contest, you also grant to Aritzia the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Submission for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Aritzia is further irrevocably entitled to assign the rights above entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
Submission Requirements and Content Restrictions: All Submissions (including, without limitation, images, and any accompanying statements or captions) must comply with the following requirements and content restrictions. By entering the Contest, you warrant that the Submission complies with these requirements:
(i) Your Submission: (a) must be your own original work, created and shot by and/or featuring you; (b) must not have been previously published, released or distributed in any form; and (c) must not have been entered into any other drawing or competition nor won any award. Modification of an existing image does not count as original for purposes of this Contest. Your Submission must not contain any material that would violate or infringe upon the rights of any person or entity, including, without limitation, copyrights, trademarks, intellectual property or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You represent and warrant that you have the express consent of any identifiable persons appearing in the Image to their name and likeness being used in the ways set out in these Rules, including Aritzia’s right to use the Image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons in favour of Aritzia. Images may include individuals under the age of 13 only if submitted by his or her parent or legal guardian. The Submission must not contain any personally identifiable information of any person.
(iii) Subject to these Rules, Aritzia grants you the limited permission to display its marks, artwork and products in your Submission solely for purposes of entering this Contest. Otherwise, the Submission must not contain or reference any names, products or services of any other company or entity or any third party trademarks, logos, trade dress or promotion of any third party brand, product, or service.
(iv) The Submission must be appropriate for public viewing. Without limitation, the Submission must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Aritzia in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, brand, product, or service.
(v) The Submission must comply with all of Instagram’s requirements and terms (http://instagram.com/legal/terms/) regarding the use of its services.
Entries (including, without limitation, the submitted images and their captions) that do not comply with the requirements of these Rules as determined by Aritzia in its sole discretion are not eligible for consideration in relation to the Contest. Aritzia reserves the right in its sole discretion to remove or disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Rules. You agree to reimburse Aritzia in full in respect of any losses, damages, and expenses, including reasonable attorney fees that Aritzia or any of its affiliates may sustain, from the breach of a representation or warranty made by you or anyone acting on your behalf or with your authority.
Prize: There is a total of one (1) prize available to be won (the “Prize”). The Prize is one (1) Aritzia Gift Card loaded with Two Thousand and Five Hundred dollars ($2,500.00) (the “Gift Card”) and three (3) Super Puff Jackets, one for you and two friends valued at seven hundred and fifty dollars ($750). The Gift Card awarded will be in either Canadian dollars or United States dollars, depending on whether the winner resides in Canada or the United States. The total retail value of the Prize is Three Thousand Two Hundred and Fifty dollars ($3,250.00). The Prize must be accepted as awarded in the form of the Gift Card. The Gift Card may only be redeemed toward the purchase of merchandise at any Aritzia, TNA, Babaton or Wilfred retail store or Aritzia’s online store located at www.aritzia.com. The Prize may not be redeemed for cash or refund and the value will not be replaced if the Gift Card is lost, destroyed or stolen. The Prize is subject to any terms and conditions stated on the Gift Card. The Prize is not transferable and must be accepted as awarded. Aritzia reserves the right to substitute any prize with an alternative prize of comparable or greater value. Federal/country, province, state and/or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner.
Winner Selection: On or around October 27, 2018, Aritzia will select one (1) prize winner from amongst all eligible Submissions that are received by 11:59 p.m. PT on October 26, 2018. All winners are subject to verification of eligibility. All eligible Submissions will be judged by Aritzia based on the following non-exhaustive criteria: (a) most apt, interesting and original Submission, (b) visual impact / “wow factor” of Submission, (c) overall consistency and composition of the Submission for the Contest theme, and (d) positive representation of the Aritzia brand.
The odds of winning depend upon the total number of eligible Contest entries received. Limit one (1) Prize per person.
Winner Notification and Requirements: On or around October 27, 2018 Aritzia will notify the potential winner by sending an Instagram Direct Message to him/her and requesting the potential winner to email Aritzia within 72 hours at the email address provided. In addition, Aritzia may tag the potential winner’s Instagram account.
On the occasion of the draw, the prize winner will be the entrant who: (a) is selected by Aritzia; (b) submits valid proof of identity, age and residence; and (c) if a Canadian resident, correctly answers, unaided by any other person, a time-limited, mathematical, skill-testing question administered by Aritzia during a pre-arranged, mutually convenient telephone call (U.S. residents do not need to meet this requirement). To qualify as a prize winner, a selected entrant must comply with these Rules and must promptly sign a prescribed form of Declaration, Release and Consent, which confirms the entrant’s compliance with these Rules, releases Aritzia and its affiliates from claims and liabilities, and consents to the use and disclosure of the entrant’s personal information in connection with the Contest (including announcements of the entrant’s name as one of the winners of the Contest). A selected entrant may also be required to execute any other legal, regulatory, or tax-related documents required by Aritzia at its sole discretion.
Aritzia may in its discretion disqualify a selected entrant, and select a substitute entrant, if any of the following occur: (a) the selected entrant fails to respond to the prize notification within 72 hours; (b) the selected entrant who is a Canadian resident fails to correctly answer the skill-testing question; or (c) the selected entrant fails to fully comply with these Rules.
Other Matters: Aritzia is not responsible or liable for: (a) erroneous, damaged, destroyed, lost, late, incomplete, illegible or misdirected contest entries; (b) failure for any reason whatsoever of selected entrants to receive or respond to a prize notification; or (c) any damage or loss arising from, connected with, or relating to the Contest or a prize, regardless of the cause or any fault by Aritzia or any person for whom Aritzia is responsible, and notwithstanding that any of those persons may have been advised of the possibility of the loss or damage being incurred.
If for any reason Aritzia determines, in its discretion, that the Contest is not capable of being conducted as intended by Aritzia, including due to any misconduct by or on behalf of an entrant, Aritzia may in its discretion disqualify the entrant responsible for the misconduct and withdraw, cancel, terminate, modify, or suspend all or any part of the Contest.
WARNING: ANY ATTEMPT TO INTERFERE WITH THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND ARITZIA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER RELIEF FROM ALL RESPONSIBLE PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
Aritzia will have unfettered discretion in its decisions regarding all aspects of the Contest and the administration of these Rules. Aritzia’s decisions are final and binding on all entrants.
General Release: By entering the Contest, you hereby release Aritzia LP, its parent company, subsidiaries, affiliates, suppliers, prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any liability whatsoever and waive all causes of action for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with these Terms, the Contest, or the delivery, mis-delivery, acceptance, possession, use or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage or destruction of property, rights of publicity or privacy, defamation or betrayal in a false light, intentional or not), whether under a theory of contract, tort (including negligence), warranty or otherwise.
Disputes: Except where prohibited by law, you agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded (“Disputes”) shall be resolved individually, without resort to any form of class action; and (2) all Disputes must be resolved before the Courts of British Columbia sitting in the City of Vancouver, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. You agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and under no circumstances will you be permitted to claim or obtain, and YOU HEREBY WAIVE ALL RIGHT 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.
Governing Law: The Contest is controlled by Aritzia from Vancouver, Canada. These Rules, and all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of you and Aritzia in connection with the Contest, shall be governed and construed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Severability: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Winner List: For a winner list, you may send a request to email@example.com after October 31, 2018 and before October 31, 2020.
No Affiliation with Instagram: The Contest is in no way sponsored, endorsed or administrated by, or associated with, Instagram or any other named or depicted people or entities other than Aritzia. Any questions, comments or complaints regarding the Contest should be directed to Aritzia.
The Contest is subject to all applicable federal, provincial, state and local laws and regulations. Notwithstanding any other terms of these Rules, this Contest is VOID IN QUEBEC, CANADA, RHODE ISLAND, UNITED STATES AND WHERE PROHIBITED BY LAW. © 2018 Aritzia LP