This Bird’s Day Contest (Giveaway) Rules & Regulations

Official Rules

CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) UNLESS OTHERWISE STATED ON ENTRY FORM UNDER “ALLOWED LOCATIONS”AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO CANADIAN LAW.  DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN CANADA (EXCLUDING QUEBEC) AT THE TIME OF ENTRY UNLESS THE CONTEST RULES SPECIFICALLY STATE OTHERWISE. SEE BELOW FOR ADDITIONAL ELIGIBILITY CRITERIA.

To enter:   To enter, fill in the contest entry form that is attached to the giveaway post on This Bird’s Day. Your entry must be received before the contest end date listed on the contest form. Limit one (1) entry per individual, per each mandatory and additional entry method as listed on the entry form. Daily entries are allowed where it states ‘daily entry’ on the contest form and only one daily entry per person, per day is allowed.  No other attempted method of entry will be accepted or acknowledged. Automated entries are prohibited, and any use of such automated devices will cause disqualification. All entrants must have a valid e-mail address to enter. By entering the Contest, entrants accept and agree to all of these rules, which shall be final.

Eligibility: UNLESS OTHERWISE STATED ON THE CONTEST ENTRY FORM. Contest open to individuals who are considered legal age or older in the province in which they reside, who are legal residents of Canada (excluding Quebec).  Employees of the contest sponsor and their respective affiliates, subsidiaries, promotion and advertising agencies (collectively, the ‘Promotional Parties’), and the immediate family members of such employees (namely spouse, siblings, children and parents and their spouses) and persons living in the same household as such employees are not eligible. Void in Quebec and where prohibited by law.

General Rules:

  1. By participating in the contest, each entrant and selected winner agrees: (i) to be bound by these Rules and the decisions of This Bird’s Day, (ii) to release and hold harmless This Bird’s Day, the contest sponsor, and anyone else affiliated with the delivery of the contest or the fulfillment of the prizing, their affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, agents and representatives including advertising and promotion agencies, from any and all liability for claims/damages including, but not limited to, claims/damages for personal injury, for property damage with respect to acceptance, possession or use or misuse of the Prize or participation in the Contest; (iii) to permit This Bird’s Day to use his/her name, address, city, province, of residence, photograph, video, or any likeness for advertising or publicity purposes without any additional compensation and (iv) the winner agrees to sign a Declaration and Release Form to this effect.
  2. The decisions of This Bird’s Day in relation to this Contest will be final and binding on all entrants.
  3. This Bird’s Day and the contest sponsor listed on the contest entry form or in the giveaway post, shall not be responsible for incorrect or inaccurate transcription or registration of Contest entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions, line failures of any telephone network, failure of computer equipment, software, inability to access any online service or web site, inability to submit the online survey, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest, or for late, lost, stolen, postage due, illegible or misdirected entries.
  4. This Bird’s Day reserves the right to cancel, terminate, or suspend this Contest, at its sole discretion, in the event of a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or adversely affects the administration, security, fairness or normal operation of the Contest.
  5. Under no circumstances will This Bird’s Day, the contest sponsor, its affiliates, subsidiaries, and independent contractors, and their respective directors, officers, employees, and agents, including advertising and promotion agencies be required to award more Prizes than what is indicated in these Rules or award the Prizes other than in accordance with these Rules.

Prize:
 The Prize for the contest and the approximate dollar value will be listed on the contest form. Only one Prize will be given away in the contest unless specifically noted in the prize description of the contest form.
Prize is subject to the following conditions:

  1. Prize must be accepted as awarded.
  2. The winner of the prize must fill in the ‘Prize Notification Form’ within 48 hours with their name, email address, mailing address and telephone number, and must correctly answer a skill-testing question.
  3. If the skill testing question is answered incorrectly, or the Prize Notification Form is not filled in within the 48 hours, then the winner is disqualified and the contest sponsor may choose to end the contest with no winner, or request that This Bird’s Day choose a runner up winner.
  4. Prize will be delivered to the winner at the location that the winner enters on the Prize Notification Form unless otherwise discussed with the sponsor, This Bird’s Day and the winner. Prize will be delivered within 1 – 8 weeks of receipt of completed Prize Notification Form from winner. If you have not received your prize in this time, please contact This Bird’s Day at the email listed on the website.

Odds of winning depend on number of eligible entries received. No cash substitutions for prize will be permitted and prize is non-refundable and non-transferable, except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value. Any federal, provincial and local taxes on prize are solely the responsibility of the winner. Canadian residents are responsible for the reporting and payment of any income taxes applicable.

Winner Selection: Winner will be selected in a random draw using Gleam (http://gleam.io) from all eligible entries received on or before the deadline listed on the contest form. The winner will be contacted by email (using the contact information provided by the winner at time of entering the Contest). If the selected Winner cannot be contacted in that time, another Winner will be randomly selected and the initial selected Winner will be disqualified and will have no recourse towards This Bird’s Day or anyone involved in the Contest whatsoever. In order to win, the selected Customer must first correctly answer, unaided, a time-limited, mathematical, skill-testing question to be administered on the Prize Notification Form, and he or she will be required to accept a standard DECLARATION OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE confirming compliance with the Contest Rules, acceptance of the Prize as awarded and releasing This Bird’s Day and all parties involved from all liability relating to the Contest.

The Winner will have 48 hours from the date of receipt of the notification email to fill out the Prize Notification form, including all required sections to This Bird’s Day. If the selected Winner does not do so within this period of time, another Winner will be randomly selected and the initial selected Winner will be disqualified and will have no recourse towards This Bird’s Day or anyone involved in the Contest.

Other Conditions: This Bird’s Day reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part, should virus, bug, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond This Bird’s Day’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event This Bird’s Day cancels the promotion, prize will not be awarded and returned to the contest sponsor.

This Bird’s Day is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest by any technical or human errors that may occur in the processing of the entries in the Contest.

By accepting the prize, winner agrees to allow use of his or her name, likeness and/or biographical information for advertising and promotional purposes in any and all media (including online) without limitation as to time or territory and without additional compensation, except where prohibited. By entering, entrants agree to release and hold the Promotional Parties and each of their respective officers, directors, employees and agents, harmless from any and all liability, loss or damage incurred with respect to the awarding, receipt, and/or use/misuse of prize. Entrants waive all rights to claim, punitive, incidental, consequential, or any other damages. Entrants further agree that all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action.

This Bird’s Day reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or website or to be acting in violation of these Rules. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of This Bird’s Day in connection with the Contest, shall be governed by, and construed in accordance with the laws of Alberta, Canada.

By entering this contest and by accepting their prize, the entrant agrees to the use without compensation of the entrant’s typed comments, information, photograph, filmed or recorded image, name and city of residence in all publicity campaigns related to the contest including on the sponsor’s web site and including in any newsletter or publication published by sponsor (the “publicity usages”) if required.

Sponsors: Sponsors vary and will be listed in other the contest form or on the giveaway post on This Bird’s Day.
By completing the entry form all entrants consent to the collection, use and distribution of their personal information by This Bird’s Day for the purposes of: (i) running the contest and (ii) as permitted by these rules (for example, pursuant to these rules, all entrants who accept a prize consent to the use of their personal information for publicity usages) including as permitted by any release signed. Personal information is defined as anything that identifies an entrant as an individual, such as home telephone number, age, home address, email address, gender.

This Bird’s Day will not sell or transmit this information to third parties except for the purposes of administering the Contest.  Any inquiry concerning the personal information held by This Bird’s Day and the Contest sponsor should be addressed to This Bird’s Day at the email address found on the This Bird’s Day website (http://thisbirdsday.com).