SUN LIFE FINANCIAL “I Love Culture! Photo Contest”
Official Contest Rules
The Sun Life Financial “I Love Culture! Photo contest (the “Contest”) is intended for Canadian residents only and is governed by Canadian law. Please do not enter the Contest if you are not a legal resident of Canada located in Canada at time of entry. The Contest is sponsored by Culture Days (the “Sponsor”).
- CONTEST PERIOD: The Contest commences at 12:00:01 PM (EDT) on August 1, 2017 and will end at 11:59:59 PM (EDT) on October 8, 2017 (the "Contest Period”). The sole determinant of time for the purposes of this Contest, including receipt of a valid entry, will be the Contest computer servers (“Contest computers”). Proof of transmission (screenshots or captures, etc.) or attempted transmission does not constitute proof of delivery or receipt by the Contest computers or Sponsor.
- ELIGIBILITY: To enter and be eligible to win a Prize a person must be, at the time of entry into the Contest:(a) an individual legal resident of Canada, (b) located in Canada, and (c) be of the age of majority in his/her province or territory of residence. Employees, officers, and directors (including immediate family members and members of the same household of such persons, including common law spouses) of the Sponsor, its funders, partners, and provincial representatives, Sun Life Assurance Company of Canada and their affiliated companies in Canada (collectively “Sun Life Financial”), Canadian Broadcasting Corporation (referred as “CBC”), Cineplex Entertainment LP, their affiliated companies or agents, their respective advertising or promotional agencies, prize suppliers and the independent contest organization (collectively, the “Contest Entities”) are not eligible to enter the Contest. For these Official Rules, "immediate family" means mother, father, sister, brother, son, daughter or spouse, including common law spouse, regardless of where they reside. Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Sponsor reserves the right, in its sole and absolute discretion to disqualify any entrant, should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. All entries must be submitted by the individual entrant and not by another person on the entrant’s behalf. Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate.
HOW TO ENTER: NO PURCHASE IS NECESSARY. Although online access is required in order to participate in the Contest, no purchase is required. Many public libraries, Internet cafés, retail businesses and others offer access to the Internet and a number of Internet service providers and other companies offer free email accounts.
To enter the Contest:(i) you must meet the eligibility requirements (See Rule 2); (ii) take a photograph of yourself or of yourself and your immediate family members taking part in a unique cultural experience anywhere in Canada on or after August 1, 2017. Examples are: Whether you are taking part in a quilting bee, learning to dance, trying on historic costumes at a museum, contributing to a community mural, playing along in a drum circle or participating in any other unique arts and cultural event or attraction across Canada.
- Visit http://culturedays.ca/contest, and click on the “Enter” button.
- Hand type a caption for your photograph in English or French and in 140 characters or less.
- Upload your photograph (Maximum file size of 10 MB and photographs must be submitted in one of the following acceptable formats: Jpeg; JPG; GIF; BMP).
- Complete the on-line entry form with full name, complete mailing address, daytime telephone number including area code, month and year of birth, e-mail address.
- Tick the box to confirm that you have read and agree to abide by the Official Contest Rules (the “Rules”).
- Tick the box as confirmation to receive an e-mail from the Sponsor once your entry has been posted to the Contest website.
- Indicate if you would like to start receiving e-mail updates, and communications from the Sponsor (IMPORTANT NOTE: It is not necessary to opt-in to receive communications from the Sponsor, and you can opt-out of receiving communications from the Sponsor at any time without impacting your chances of winning in this Contest).
- Indicate if you would like to receive tips and tools on money and health from Sun Life Financial. (IMPORTANT NOTE: It is not necessary to opt-in to receive promotional communications from the Sponsor, and you can opt-out of receiving promotional communications from the Sponsor at any time without impacting your chances of winning in this Contest);
- Select “Submit My Culture Entry”;
- Upon receipt of your entry, you will receive a “Thank you” message.
- Herein defined as an Entry (an “Entry”)
- Note that once the Sponsor has received your Entry, your photograph will be reviewed by the Moderators (as defined below), and if acceptable, your Entry will be posted to the Contest website in approximately seven (7) business days only if you consented to providing permission from the Sponsor to post your photograph as defined in 3f above. If accepted, an e-mail will be sent advising you that your Entry has been posted. NOTE: The Sponsor may not necessarily post all Entries received during the Contest Period.
- CONTENT MODERATION: The Sponsor and/or its promotional agency or designated content moderator (collectively, the “Moderator”) will screen each photograph submitted with an Entry. Any Entry that the Moderator deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules, and/or to otherwise be inappropriate in any way (including, but not limited to, materials that could be dangerous or could violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Contest Entities to any liability, embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavorably on the Contest Entities or any of their products or services in any way) are subject to disqualification. The Moderator reserves the right, in its sole and absolute discretion at any time and for any reason, to edit, remove or modify any Entry (or any part thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry (or any part thereof) in order to ensure that the Entry (in whole and in part) complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances –including, without limitation, disqualifying the Entry (and the associated entrant)–to help ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.
- LICENSE: By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive world-wide license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry (and each component thereof) in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Entities and each of their respective agents, shareholders, officers, directors, employees, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty and the avoidance of any doubt, by participating in this Contest you are hereby agreeing that Sponsor has permission to use and display your Entry –including, but not limited to, in conjunction with your participating in this Contest.
SUBMISSION REQUIREMENTS: By submitting an entry, you agree that the entry (and each individual component thereof –including, without limitation, the photograph) complies with all conditions stated in these Rules. In addition should my photograph contain any minors, I declare that the minors appearing in the submitted photograph are my children or that I am the legal guardian of such minors. I acknowledge that failing to submit a photograph that follows all the eligibility requirements may result in being disqualified from the Contest, and my photograph submission being denied. The Released Parties will bear no liability whatsoever regarding: (i) the use of your entry (or any component thereof –including, without limitation, the photograph); (ii) participation in any contest-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) if declared a winner of a prize (including any use or misuse of a prize). The Released Parties shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these Rules. This release and indemnity shall continue in force following the termination of the Contest and/or awarding of a prize.
By participating in the Contest, each entrant hereby warrants and represents that his/her Entry (including for greater certainty, the Photograph submitted as part of the Entry) that he/she has submitted:
- i. is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry for the purposes of entering such Entry in the Contest;
- ii. does not violate any law, statute, ordinance or regulation;
- iii. does not contain any reference to or likeness of any identifiable third parties;
- iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- v. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained ---note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
Each entrant acknowledges and agrees that by entering an entry online, brings the entry within the public view and the Sponsor and Released Parties will not be held liable for any copying, re-posting or unlawful use of the entry that may result.
LIMIT OF NUMBER OF ENTRIES: Limit of one (1) entry per person during the Contest Period and his/her Entry and Photograph must be original and created solely for the purpose of this Contest. A person may only use one (1) e-mail address to participate in the Contest. All information provided by participants must be complete and accurate. Any person who is found to have entered the Contest with more than one (1) entry, or more than one (1) e-mail address or has submitted falsified information will be disqualified and all such entries received by such person during the Contest Period will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries, which will be void.
Each entrant is solely responsible for complying with all Rules. Sponsor reserves the right in its sole discretion to reject any entry that the Sponsor deem not to be keeping with the policies, goals of this Contest or that the Sponsor learns that an entry has been previously published, entered into any other contest, competition or won any other prize/award. Sponsor further reserves the right, in its sole discretion to edit any entry or to blur out any trademarks or to remove any copyrighted content.
All entries become the property of the Sponsor upon receipt and none will be returned. Each selected entrant and confirmed winner will be the person who registered and submitted the entry.
PRIZE: A total of eleven (11) prizes (each, a “Prize” and collectively, the “Prize”)are available to be won with one (1) Grand Prize and ten (10) Secondary Prizes.
- Grand Prize: One (1) Grand Prize is available to be won and the Grand Prize consists of: (i)a 24.2 MP Digital SLR camera with a 18-140 VR Lens as selected by the Sponsor at its sole and absolute discretion; (ii)twenty-four (24) Cineplex® Cinemas ”Admit One” movies passes; (iii) a one (1) year membership to a museum of the winner’s choice up to a maximum retail value of $150.00 CDN; (iv) the confirmed Grand Prize winner original photograph featured in top place on the Culture Days “2017 Photo Album” with links on Culture Days website; blog; newsletter and social media accounts all as selected by the Sponsor in its sole and absolute discretion. The approximate retail value of the Grand Prize is $1,995.00 CDN.The approximate retail value does not include any associated value for being featured on the Sponsors website; blog; newsletter and social media accounts.
- Secondary Prizes: A total of ten (10) Secondary Prizes are available to be won.Each Secondary Prize consists of: (i) two (2) Cineplex® Cinemas “Admit One” movie pass and (ii) the confirmed Secondary Prize winner original photograph featured on the Culture Days “2017 Photo Album” with links on Culture Days website; blog; newsletter and social media accounts all as selected by the Sponsor in its sole and absolute discretion. Approximate retail value of each Secondary Prize is $25.98 CDN. The approximate retail value does not include any associated value for being featured on the Sponsors website; blog; newsletter and social media accounts.
Terms and Conditions for movie passes: Each Cineplex® movie pass provides the winner with general admission to one (1) movie. Cineplex® Movie passes are subject to the terms and conditions imposed by the issuer of the movie passes. The winner and his/her guest are responsible for their own transportation to and from the selected Cineplex® Cinemas location and any other expenses incurred while at the movie. The Cineplex® movie passes will expire on December 31, 2018, unless prohibited by law.
Terms and Conditions for one (1) year membership to a museum: The winner will be asked to provide the Sponsor with two (2) preferred museum names. The Sponsor will be responsible for selecting and purchasing the one (1) year museum membership however if the cost of the one (1) year museum membership is more than $150.00 CDN the winner will be responsible for all associated cost over and above the $150.00 CDN. If the value of the one (1) year museum member is less than $150.00 CDN the different will not be paid to the winner in cash or credit.
Prizes must be accepted as awarded without substitution and are not transferable, not for resale and not convertible to cash. In the event the Sponsor is unable to award a prize or a component of a prize as described for any reason, the Sponsor reserves the right to substitute a prize or a component of the prize with another prize of equal or greater value, without liability. Prizes are provided “as is” without further warranty, representation, condition, or guarantee, express or implied, of any kind. Neither the Sponsor or the Released Parties make any representation or offers any warranty, express or implied, as to the quality or fitness of a prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither the Sponsor nor any of the Released Parties should the prize or any portion thereof fails to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a prize, each confirmed winner agrees to waive all recourse against the Sponsor and the Released Parties if the prize or a component thereof does not prove satisfactory, either in whole or in part.
FINALISTS SELECTION PROCESS: A total of one hundred (100) entries will be selected by a random draw on October 18, 2017at 10:00 AM (EDT) in Oakville, ON. Odds of being selected for judging will depend on the total number of eligible entries received during the Contest Period.
The judging committee will be comprised of a minimum of three (3) to a maximum of five (5) employees from the Sponsor and/or the Contest Entities (the “Judging Committee”).
- The Judging Committee will review and judge all one hundred(100) entries.
- Judging will be based on the following criteria:
- The degree to which the photo captures the subject actively participating in a cultural event–maximum 25points;
- The degree to which the photo captures a uniquely Canadian cultural experience-maximum 25points;
- The degree to which the subject of the photo appears to be expressing their love of arts and culture –maximum 25points
- The photo displays good composition–maximum 10 points
- The photo displays good lighting –maximum 10 points
- The photo displays good color or in the case of a black and white image it has good contrast –maximum 10 points (together, the "Criteria").
NOTE: All selected winners will represent a diversity of artistic disciplines, for example not all eleven (11) selected photographs will represent a visual art activity. Disciplines include architecture, comedy, crafts, culinary arts, dance, design, heritage, indigenous, literature and spoken word, maker culture, Multi/Interdisciplinary, multicultural, music, theatre, visual arts or others.
The judging process will commence on October 20, 2017and will conclude by November 3, 2017. In the event of a tie, the tied entries will be judged according to the Criteria as set out above by an additional Judge who will serve as the tiebreaker. Decisions of the independent contest organization and the Judging Committee in this instance are final and binding on all matters relating to this Contest. The entrant that receives the highest overall score by the Judging Committee will be declared the Grand Prize selected entrant. The next ten (10) entrants that receive the next ten (10) highest overall scores by the Judging Committee will each be declared a Secondary Prize selected entrant subject to the ensuring that each of the ten (10) entrants represents a diversity of artistic disciplines. If for any reason the Sponsor does not receive one hundred(100) qualifying Entries, the judging process will be done based on all qualifying entries received during the Contest Period.
Contacting of selected entrant: Each selected entrant will first be contacted by e-mail provided on his/her entry within five (5) business days of November 6, 2017subject to below and Rule 10. Each selected entrant will be required to correctly answer a mathematical skill-testing question without any mechanical assistance of any kind and print, complete and return the Sponsor’s Declaration of Compliance and Release of Liability and Publicity Release Form before being confirmed a Winner (see Rule 10below). In the event that a selected entrant cannot be contacted within five (5) business days by e-mail, the selected entrant will be disqualified, and his/her entitlement to receive the applicable prize will be forfeited without any liability to the Sponsor and Released Parties, and the next entrant with the next highest score by the Judging Committee will be selected as the selected entrant and the above process will be repeated until such time as there is one (1)Grand Prize and ten (10) Secondary Prize winners confirmed as winner or until no more entries are available. The odds of receiving the highest score, is 1 in 100.The odds of being selected as a prize winner are 1 in 9.
- RELEASE FORM: Each selected entrant must print, complete and return by the indicated date, the Sponsor’s Declaration of Compliance and Release of Liability and Publicity Release Form (the “Form”). By completing and returning the Form by fax or e-mail; the entrant confirms compliance with the Rules; acknowledges acceptance of the applicable prize as awarded; acknowledges that the applicable prize cannot be substituted or transferred and has no cash surrender value; provides the Sponsor with the original photograph in its original format; releases the Sponsor and the Released Parties from and against all liability in connection with the Contest and the awarding and use of the applicable prize, and consents to the use of his/her name, address (city and province/territory) statement, and/or photograph, without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor and or the Released Parties with respect to this Contest and consent to irrevocably assign and transfer to or waive in favour the Sponsor any and all rights, title, interest and claim, which they now have or may have in the future, to the entry and photograph, and the concepts and Third Party Elements embodied therein, including without limitation, the copyright and/or moral rights therein. The Form must be printed, completed and returned within the time period specified on the Form or the applicable prize will be forfeited and the selected entrant will forfeit all rights to the applicable prize without liability to the Sponsor or the Released Parties. Selected entrants may be required at the Sponsor’s sole discretion, provide a copy of photo identification showing his/her valid address. Each selected entrant agrees to co-operate in any investigations by the Sponsor to confirm his/her eligibility and to help ensure that the use of such potential winner information in advertising or publicity for the Contest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Contest or the Sponsor and Released Parties as determined by the Sponsor in its sole discretion. Upon receipt of the Form the Sponsor will send by courier or mail the applicable Prize to the winner within forty-five (45) business days of receipt of the Form. In the event that a selected entrant’s fails to return the completed Form within the required time period or having failed to comply with the Rules and/or provide the Sponsor with his/her original photograph, the selected entrant will be disqualified and the applicable prize in its entirety will be forfeited without any liability to the Sponsor and Released Parties, and the entrant with the next highest overall score as determined by the Sponsor will be selected. This process will be repeated until such time as there a total of eleven (11) confirmed prize winners.
- CONDITIONS OF ENTRY: By entering the Contest, entrants (i) acknowledge compliance with these Rules including all eligibility requirements, and (ii) agree to be bound by the Rules and by the decisions of the independent contest organization, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Rules will be disqualified.
- If a dispute arises regarding who submitted an on-line entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail address provided at the time of entry. The authorized account holder is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- GENERAL: The Sponsor and the Released Parties do not assume any responsibility and are not responsible for: (i) the incorrect or inaccurate capture of entry information; (ii) entries which fail to comply with the Rules; (iii) any loss, damage, or claims caused by the awarded prize or the Contest itself; (iv) any failure of the website during the Contest Period, including any problems, human or technical error, printing errors, lost, delayed, garbled data or transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail; on-line entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant's or any other person's computer related to or resulting from downloading any material in the Contest, all of which may affect a person’s ability to participate in the Contest; or (v) any other matter whatsoever. Entry material/data that have been tampered with or altered are void.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and construed in accordance with the Federal, Provincial, and Municipal laws applicable therein without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor and or the Released Parties reserves the right to seek damages from any such person to the fullest extent permitted by law.
- The Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux, to terminate or suspend this Contest or to amend the Rules at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, such as tampering or infection by computer virus, the Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux, to cancel the Contest and conduct the draws from all previously eligible entries received by the date of cancellation.
- In the event of any discrepancy or inconsistency between the terms and conditions of these Official English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these Official English Rules shall prevail, govern and control.
- QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest in Québec may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie des alcools, des courses et des jeux only for the purpose of helping the parties reach a settlement.