The Contest begins April 14th at 12:00 a.m. EST and ends on June 14th at 11:59 p.m. EST.
By participating in the TIMEX Time of Your Life Stories Contest (the "Contest"), Entrants and Voters (together "Participants") agree to be bound by these Official Rules and all decisions of TIMEX Canada (the "Sponsor") which are final. As a condition of entering, Participants (or their parent or legal guardian if an Eligible Minor) agree (and agree to confirm in writing): (a) to release Sponsor, Sonic Boom Create Media (the "Contest Administrator"), and each of their respective affiliates, subsidiaries, retailers, sales representatives, distributors, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waives all rights to claim, punitive, incidental, consequential or any other damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
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HOW TO PLAY: No purchase necessary. Register to write and share an original true story about your moments and experiences and how TIMEX was a part of it, together with a photo or video clip ("Story", which as used throughout includes both the written Story and the accompanying photo or video clip), for a chance to win the Grand Prize valued at between $4,500.00 and $6,450.00 depending on the trip selected, the dates of travel and availability (based on departure from Toronto's Pearson International Airport); or one (1) of five (5) Secondary Prizes valued at $200.00. Register and vote for your favourite TIMEX Story for your chance to win one (1) of five (5) Secondary Prizes valued at $200.00. A total of ten (10) Secondary Prizes will be awarded. Chances of winning a Secondary Prize depend on the total number of registrants who write and share their Story and the number of account holders who register and vote for their TIMEX story. Chances of winning the Grand Prize depend on the number of registrants who write and share their Story, the voter popularity of your Story, and the quality of your Story based on the subjective criteria set out in clause 8 below. A registrant who submits a Story that satisfies the Story Guidelines and Content Restrictions referred to in clause 5 is referred to herein as an "Entrant". A registrant who votes on a Story is referred to as a "Voter".
Share your Story
Go to www.timexstories.ca or www.timexstories.com (each individually or collectively referred to as the "Website") and submit a Story relating to your experience(s) with TIMEX or TIMEX product using the online entry form, filling in all requested information completely. Only Stories submitted via the Website will be accepted. Stories submitted via facsimile or other delivery services will NOT be accepted. Story must be 2,000 characters or less in the English language and contain a photo or video clip (stock photo's will be available for upload). All entries must be received between 12:00 a.m. (EST) on April 14th and 11:59 p.m. (EST) on June 14th (the "Contest Period"). Each Entrant may only submit a Story once. Neither the Sponsor nor the Contest Administrator is responsible for any changes or effects caused to the Entrant's computer system as a result of submitting electronic entries.
Vote for your Favourite Story
Go to the Website and vote for as many Stories as you like during the Contest Period. Voters will be asked to rate each Story on a scale of 1 to 5. Each voter will be given the chance to sign up and register for a chance to be entered into a draw to win a watch valued up to $200.00.
A registered voter can vote for any Story up to a maximum of ten submissions into the draw during the Contest Period.
Neither the Sponsor nor the Contest Administrator is responsible for Stories or votes that cannot be processed due to phone, network, electronic or computer hardware or software failure, errors or failures of any kind, lost or unavailable network connections, web site, Internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause), failed, incomplete, garbles, jumbled or delayed computer transmissions which may limit one's ability to enter the Contest, or technical failures of any kind, including any injury or damage to Voter's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest.
CONTEST PERIOD: The Contest begins April 14th at 12:00 a.m. EST and ends on June 14th at 11:59 p.m. EST.
ELIGIBILITY: The Contest is open to legal residents of Canada 13 years of age or older with the exclusion of residents of Quebec. If a Participant is 13 years or older but less than the age of majority in their province of residence June 14th at 11:59 p.m. EST the Participant shall be considered an eligible minor ("Eligible Minor").
Each Participant fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor's computer servers shall serve as the official clock for all purposes of this Contest.
Individuals who were or are (a) directors, officers, employees or agents of Sponsor, Contest Administrator, FCM Travel, or of any representative of Sponsor, or of any of Sponsor's parent, franchisees, subsidiaries, affiliates or agents including Sponsor's advertising, promotion and public relations agencies; (b) individuals engaged in the development, production, distribution or supply of materials or prizes for the Contest; and (c) persons who are or purport to be immediate family (defined as mother, father, sister, brother, daughter, son or spouse) of any person in any of the preceding categories, regardless of where they live, and any persons who reside in the same household, whether related or not, to any person in any of the preceding categories are not eligible to enter the Contest.
- HOW TO ENTER:
To enter the Contest, log onto the Website and complete the registration form to be eligible to submit your Story or vote for your favourite Story. You will be required to read and agree to these Official Rules by clicking on the check box marked "I Agree to the above Official Rules" to enter. Once the Sponsor has confirmed that your Story satisfies the Story Guidelines and Content Restrictions as described in clause 5, your Story will be posted to the Website and automatically be entered into the Contest.
STORY GUIDELINES AND CONTENT RESTRICTIONS. By submitting your Story, you agree that your Story conforms to the Story Guidelines and Content Restrictions as defined below and that either the Contest Administrator or the Sponsor may remove your Story and disqualify you from the Contest if it believes, in its sole discretion, that your Story fails to conform to the Guidelines and Content Restrictions.
Story Guidelines and Content Restrictions
Stories must not exceed 2,000 characters and must be written in the English language;
Story must be about the topic of "Moments/Experiences and How TIMEX was Part of It";
Story must be an original, true story;
Entrant must complete his/her own Story and an Entrant cannot complete or send a Story on behalf of another person;
Story must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, plagiarism or that constitutes copyright infringement;
Story must not disparage Sponsor, the Contest Administrator, or any other person or party affiliated with the promotion and administration of this Contest;
Story must not feature competitors of Sponsor;
Story cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
Story cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Story cannot be obscene or offensive, endorse any form of hate or hate group;
Story cannot defame, misrepresent or contain disparaging references about Sponsor or its products, or other people, products or companies;
Story cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any sensitive personally identifiable information, such as license plate numbers, personal names, e-mail addresses or street addresses;
Story cannot contain copyrighted materials owned by others without written permission;
Story cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than Entrant, without written permission;
Story cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Story cannot depict, and cannot itself be in violation of any law.
BY SUBMITTING A STORY, ENTRANT ACKNOWLEDGES THAT HIS/HER USERNAME, CITY OF RESIDENCE AND STORY MAY BE POSTED ON THE WEBSITE, FREE OF CHARGE, IN THE SPONSOR'S DISCRETION, AND ENTRANT HEREBY WAIVES ANY MORAL RIGHTS TO THE STORY. By entering, you acknowledge that Sponsor has no obligation to post any Story that does not satisfy the Story Guidelines and Content Restrictions. Submission of a Story grants Sponsor and its agents an unlimited, irrevocable, worldwide, perpetual, royalty free license and right to publish, edit, modify, use, reproduce, publicly display the Story in any way, in any and all media, without limitation, and without consideration to the Entrant. Entrant hereby waives any moral rights to the Story. Entrant also hereby grants each user of the Website a perpetual, irrevocable, non-exclusive license to access your Story through the Website and to vote and rate your Story as permitted and as described herein.
STORIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.
By submitting a Story, Entrants agree that his or her submissions are gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in a Story on a non-confidential basis to anyone or otherwise use the Stories or ideas contained therein without any additional compensation to the Entrant. Entrants acknowledge that, by acceptance of his or her submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By submitting a Story you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Story via various media including Web posting, will not infringe on the rights any third party rights. Entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
All Entrants irrevocably and unconditionally agree that all Stories will become the exclusive property of Sponsor, and none will be acknowledged or returned. Should Sponsor be required to limit the number of stories accepted during the Contest Period, whether due to technical reasons, lack of entries or for any other reason, an announcement will be posted on the Website as soon as possible after such election has been made. Entrants waive all rights that they may have under any laws or statutes worldwide that concern "moral rights" or "droit moral" in connection with entering the Contest, unless prohibited by law.
VOTING: Go to the Website and vote for as many Stories as you like during the Contest Period. Voters will be asked to rate each Story on a scale of 1 to 5. Each voter will be given the chance to sign up and register for a chance to be entered into a draw to win a watch valued up to $200.00.
A registered voter can vote for any Story up to a maximum of ten submissions into the draw during the Contest Period.
SELECTION OF FINALISTS: Following the close of the Contest Period, the Sponsor will select the top ten (10) Stories received during the Contest Period based on total number of points received by Voter preference (each a "Finalist", collectively the "Finalists"). In the event of a tie, the Finalists will be selected randomly amongst those with the same number of points by Voter preference. The ten (10) Finalists will be provided to a panel of judges selected by the Sponsor (the '"Judges"), who will be employees of the Sponsor. Finalists will not be contacted.
JUDGING OF FINALISTS: The Judges will select the best Story from among the ten (10) Finalists to be the Grand Prize Winner on the basis of the following judging criteria:
Up to 30 points will be awarded for how the Story relates to your TIMEX experience(s) or with TIMEX product; and
Up to 25 points will be awarded for how interesting/compelling the Story is;
Up to 25 points will be awarded for how well the Story is written;
Up to 20 points will be awarded for the originality of the supporting photograph or video clip.
In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. The decisions of the Judges are final and binding in all judging matters relating to this Contest. If the tie is still not broken, a random selection will be made from amongst the remaining two (2) Finalists.
PRIZES: Secondary Prizes: Five (5) Entrants and five (5) Voters will be randomly selected to win $200.00 to buy a TIMEX watch(es) of their choice from Timex.ca. Odds of winning depend upon the total number of Entrants and the total number of Voters. Each Secondary Prize Winner who successfully answers a mathematical skill testing question will receive a promo code valued at $200.00 to be used on Timex.ca to purchase a TIMEX watch(es) of their choice. The promo code is valid for a one-time purchase order only. Secondary Prize Winners will not be refunded in cash for orders under $200.00. Secondary Prize Winners can use the promo code valued at $200.00 towards the purchase of a more expensive TIMEX watch and pay the difference in price. Taxes will be payable on the price difference. Shipping is free on all orders over $75.00.
Limit of one (1) prize per person/household.
Grand Prize: The Grand Prize Winner selected by the Judges from among the ten (10) Finalists (as described in clause 8 hereto) wins the choice of one (1) of the following three trips. The approximate retail value ("ARV") of the Grand Prize is between $4,500.00 and $6,450.00 based on departures from Toronto's Pearson International Airport depending on the trip selected, the dates of travel and availability.
- The Sophisticated Sojourn trip: Round-trip airfare for 2 to Paris, France with 7 nights accommodation in a standard room at any of the following luxurious boutique hotels: Note that this trip is inclusive of roundtrip airfare and hotel accommodation only. All food, transportation and activities are additional (ARV $4,500.00 to $5,800.00);
- The Relax and Revive Holiday: Round-trip airfare for 2 to St. Lucia with 7 days "all-inclusive" accommodation at the Body Holiday resort (http://www.thebodyholiday.com) (ARV $5,000.00 - $6,400.00); or
- The Height of Adventure Trek: Round-trip airfare for 2 to Costa Rica with 9 nights "semi-inclusive" accommodation in San Jose, Tortugeio Canals, Arenal Volcano, La Fortuna, Guanacaste. Trip package is from Gap Adventures http://www.gapadventures.com/trips/the-best-of-costa-rica/TCRBCS/2010 (ARV $6,400.00).
Unless specified in the trip or resort package, all other expenses, including without limitation, food and drink, transfer to and from airports, spending money, etc. shall be at the expense of the Entrant. Sponsor will cover the cost of the Grand Prize Winner and his/her travelling companion to get to Toronto from any other commercial airport in Canada.
Grand Prize Winner is not entitled to win a Secondary Prize.
Grand Prize Restrictions:
- Booking of prize trip must be made at least 30 days prior to the planned departure;
- Departures are from Toronto Pearson International Airport;
- Blackout dates apply (March Break and Christmas/New Years);
- Package is non-changeable, non-refundable once confirmed;
- Travel and medical insurance is not included;
- Visas and other required travel documents are not provided and are the responsibility of the Grand Prize winner and companion;
- Trip based on double occupancy, Grand Prize winner and companion in shared room.
AWARD OF PRIZES: The Secondary Prize Winners and the Grand Prize Winner (the "Prize Winners") will be contacted by the Contest Administrator by e-mail by no later than July 1st 2010, using the email address provided at the time of entry. Prize Winners will be required to successfully answer a mathematical skill testing question and complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release (collectively, the "Prize Claim Documents") within five (5) days after notification. The Prize Claim documents shall confirm the Prize Winner's (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Secondary Prize or Grand Prize as offered; (iii) release of each of the Contest Sponsor and Contest Administrator and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the "Releases") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from; and (iv) grant to the Contest Sponsors the unrestricted right, in the Contest Sponsors' collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Prize Winner's name, photograph, likeness, voice and biographical material, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.
If Prize Winner is an Eligible Minor, Eligible Minor's parent or legal guardian must sign and return all Prize Claim Documents. If Prize Claim Documents are not returned within five (5) days of notification or, if Prize Winner is found to be ineligible or not in compliance with these Official Rules, such Prize Winner will be disqualified.
IF, DESPITE REASONABLE EFFORTS BY THE ADMINISTRATOR, ANY PRIZE WINNER DOES NOT RESPOND WITHIN THE INDICATED TIME OF THE CONTEST ADMINISTRATOR'S OR THE SPONSOR'S NOTIFICATION ATTEMPT, OR IF A NOTIFICATION TO ANY PRIZE WINNER IS RETURNED AS UNCLAIMED OR UNDELIVERABLE TO THE CONTEST ADMINISTRATOR, SUCH PRIZE WINNER WILL FORFEIT HIS OR HER OPPORTUNITY TO RECEIVE A PRIZE, AND THE SPONSOR MAY, IN ITS SOLE DISCRETION, SELECT AN ALTERNATE. NEITHER THE CONTEST ADMINISTRATOR NOR THE SPONSOR SHALL HAVE ANY LIABILITY FOR ANY PRIZE WINNER NOTIFICATION THAT IS NOT RECEIVED BY ANY PRIZE WINNER FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LOST OR MISDIRECTED E-MAIL.
PRIZE DISTRIBUTION AND RESTRICTIONS: Prizes will be delivered by the Sponsor to the Prize Winners as soon as is practicable in the circumstances but in no event more than thirty (30) days after the end of the Contest Period. If a prize is won by an Eligible Minor, the prize will be awarded to the minor's parent or legal guardian who previously signed the Prize Claim Documents. Each Prize Winner is solely responsible for all federal, provincial, and/or local income taxes, sales tax, gift taxes, surcharges, service charges, processing and handling fees, and all other costs incurred in claiming prize(s). Prize transfers are not allowed, except with the express consent of Sponsor (which may be withheld for any reason). The Prizes must be accepted as awarded and no substitutions, exchange, or conversion to cash will be made (except at the Sponsor's sole option the Sponsor may substitute a prize having an approximate retail value of no less than the approximate retail value of the prize in question).
DISQUALIFICATION/FORCE MAJEURE: It is the Participant's responsibility to ensure that he/she has complied with the conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of an email address. If a dispute cannot be resolved to Sponsor's satisfaction, the Participant will be deemed ineligible. No illegible, incomplete, forged, software generated or other automated entries will be accepted. Submissions made by any other individual or any entity, and/or originating at any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Sponsor is not responsible for printing or typographical errors in any Contest-related materials, for stolen, lost, late, misdirected, damaged, incomplete, illegible email; or for transactions processed late or incorrectly due to computer or electronic malfunction. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor assumes no responsibility for any damage to a Participant's or a third party's computer by participating in this Contest (including but not limited to the corruption/loss/destruction of any information/data stored therein). Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or any federal, provincial or local government law, order, or regulation, or order of any court or jurisdiction, then Sponsor shall have the right to modify, extend, suspend, or terminate the Contest.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
PARTICIPANT'S PERSONAL INFORMATION: Personal information will only be collected, used and disclosed by Sponsor, the Contest Administrator and their respective designees for the purpose of administering the Contest in accordance with these Official Rules. For more information, see Sponsor's Privacy Policy posted on the Website.
INCONSISTENCY: In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Website, or point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
WINNERS LIST: A list of Prize Winners will be available on the Website.
Copyright © 2010 Timex Corporation. All rights reserved.