Rules for the "#CaughtOnVosker Contest" ("Rules")
The #CaughOnVosker Contest (hereinafter the “Contest”) is held by 9381-9506 Quebec Inc. doing business under the name Vosker® (hereinafter the “Sponsor” or “VOSKER”) having its head office at 120, rue J.-Aurèle-Roux, Victoriaville (QC) G6T 0N5, Canada
1. Contest period
9406-7303 Québec inc. (VOSKER CORPORATION) (hereafter the “Sponsor”) having its head office at 330, de la Jacques-Cartier, Victoriaville QC Canada, G6T 1Y3, Canada is sponsoring a contest (hereafter the “Contest”) which shall begin on Monday, July 31, 2023 at 12:01 AM Eastern Time (“Date of Entry”) and end on Saturday, September 30, 2023 at 11:59 PM Eastern Time (“Date of Termination”), (hereafter the “Contest Period”). Participation after the closing date of the Contest Period or introduced in any manner which is not prescribed in these Rules (the “Rules”) will be deemed void and will not be accepted in the Contest.
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia, as well as all the provinces and territories of Canada. An entrant becomes a participant when entry is made in accordance with section 5 of these Rules (“Participant”). The Participant must be a natural person and of legal age of majority in the jurisdiction in which he resides, as of the Date of Entry.
The employees, administrators, directors, officers, agents and representatives of the Sponsor and its parent company, subsidiaries, affiliates, partners, suppliers and any other entity or person involved with the Sponsor’s activities (collectively, the “Affiliated Parties”), as well as their immediate family members (i.e., spouses, parents, children, siblings, regardless of where they reside) and persons residing in the same household of any Affiliated Parties, whether or not related, are not eligible to participate in the Contest.
3. Applicable laws
The Contest is void where prohibited by law and is subject to all applicable Canadian and American federal, provincial, state, territorial, municipal, and local laws and regulations (hereafter the “Applicable Laws”).
4. Modification, suspension and termination of the Contest
The Sponsor reserves the right, in its sole discretion, to amend or modify the Contest Rules or modify, cancel or suspend this Contest, without prior notice and for any reason whatsoever, including without limitation to comply with Applicable Laws or with the policies of an entity having jurisdiction over the Sponsor and in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security, integrity or proper administration of the Contest. If the Contest is terminated, the Sponsor, at its sole discretion, will conduct a separate contest at a latter time, using all properly submitted eligible entries as of the Date of Termination.
5. How to enter the Contest
Participation shall be made by filling out a form with your full name and email address associated with your VOSKER® account and by uploading your best image or video captured on your VOSKER® camera accompanied by a small description, all on a digital platform hosted by the Sponsor through a Website located at https://www.vosker.com/giveaway/caughtonvosker/ (hereafter “Platform” or “Contest Site”), within the Contest Period (hereinafter “Entering this Contest” or “Participation”).
By uploading an image or video with a description on the Platform, a Participant confirms:
- that he/she is of legal age of majority in the jurisdiction in which he resides;
- that he/she has read and accepted these Rules.
Any entry received or submitted outside the Contest Period or any entry that contains false or incomplete information are void. The Sponsor reserves the right to request proof of identity or of eligibility to the Contest from any Participant, at any time and at its sole discretion. The use of robotic, automatic, programmed or otherwise illicit means to enter the Contest is strictly prohibited and may be subject to legal action. The Sponsor reserves the right, at its sole discretion, to exclude from the Contest and any other contes, future promotion or giveaway offered by the Sponsor any individual who contravenes or attempts to contravene these Rules and any person having or being suspected of having tampered with the treatment of the entries, the Contest process or the Contest Site. A participant or any other person who attempts to deliberately damage the Contest Site or hinder the legitimacy of the Contest process commits criminal and civil offences and the Sponsor reserves the right, in such case, to claim damages to the extent permitted by law.
PARTICIPANT’S NONCOMPLIANCE WITH THESE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATIVE POTENTIAL WINNER.
6. Odds of winning
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Contest is a skill-based contest within the meaning of applicable laws. The odds of winning depend on a subjective analysis of the quality and originality of the image or video with the description accompanying it, forwarded via email by the Participant to the Sponsor.
By Entering this Contest in accordance with these Rules, every Participant is entitled to claim a 10 % discount on any Vosker™ product purchased subsequently by the Participant on vosker.com (hereafter “Discount”). The Participant acknowledges and agrees that he can only claim the Discount one (1) time throughout the Contest Period, that the Discount cannot be applied if the Participant’s subsequent purchase exceeds a total of 2,500 CAD/USD excluding applicable taxes (currency is dependent on Participant’s location), and that the Discount expires thirty (30) days following the reception of the Discount by the Participant.
The Participant acknowledges and agrees that to be eligible for the Discount, the image or video uploaded on the Platform must:
- Not contain any inappropriate content, such as but not limited to violence and/or nudity;
- Be taken by the Participant’s VOSKER ™ camera;
- Be of HD quality (1080 pixels x 1920 pixels).
Upon assessment of the three (3) conditions, the Sponsor shall at its sole discretion, transmit the Discount to the eligible Participant.
8. Prize details
The following prize shall be awarded in order of three (3) selected potential winners:
One (1) Free Elite Plan for one (1) year – approximative value of 240.00 CAD/USD (currency is dependant on Participant’s location), excluding applicable taxes (the “Prize”).
The Sponsor does not warrant, either implicitly or expressly, nor is responsible or liable for the condition of the Prize, including but not limited to, their quality, merchantability, appearance, performance, technical condition, safety or fitness, where applicable.
Where applicable, Sponsor’s liability for defective merchandise or service shall be limited to repairing defective or where deemed appropriate, to exchanging such defective goods or services within the regular warranty period in accordance with such warranties. Winner expressly waives the legal warranty imposed on the Prize by applicable laws.
Prize must be accepted as awarded and cannot be sold, exchanged, transferred, or substituted for cash. Prize or any portion thereof cannot be combined with other discounts, promotions, or special offers.
The Sponsor will transmit a Promo-Code to the winners within thirty (30) days following the acceptance of the Prize, allowing them to purchase their Prize on the Sponsor’s website.
9. Winner confirmation process
The three (3) potential winners will be selected on Friday, October 6, 2023, at approximately 05:00 PM (Eastern Time) via a subjective analysis in accordance with section 6 of these Rules.
A potential winner will be deemed a winner if he meets all the eligibility criteria set out in these Rules and complies with all other requirements set forth in these Rules.
Within six (6) business days following the selection, a Sponsor representative will contact the potential winners via email used by the Participant when Entering this Contest, at Sponsor’s sole discretion, to verify the compliance with the Official Rules. The potential winners must respond within two (2) business days or Sponsor may select new potential winners among all remaining eligible entries. Any refusal of the Prize by a potential winner and any disqualification will result in the selection of a new potential winner.
By accepting the Prize, each winner consents to the use, including but not limited to the production, reproduction, publication, broadcasting and adaptation by the Sponsor of his name, address (city, province), voice, photograph, social media handles, image, declarations and comments for the administration of this Contest and for advertising and promotional purposes, without further notice or compensation.
In the event of a dispute regarding participation received from multiple users having the same email address, the Authorized Account Holder at the time of participation will be deemed to be the Participant and must comply with these Rules. For the purpose of these Rules, the Authorized Account Holder means the physical individual who has been assigned the electronic address by an Internet access provider, Internet service provider, or any other organization responsible for assigning electronic addresses for the domain related to the electronic address at issue. In the event that the email address is assigned to a legal entity, the Authorized Account Holder means the natural person holding the highest senior position in the department or company concerned, where applicable. Each Selected Participant may be required to provide proof that he is the Authorized Account Holder associated with the selected entry.
10. Intellectual property
All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, videos, drawings, illustrations, slogans, and representations related to this Contest are owned by the Sponsor. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited. The Participant acknowledges and agrees that Sponsor, by its use of various social networks, automatically grants to such social networks a non-exclusive, perpetual, worldwide license to use, manipulate and disclose data, including that provided by Participant.
The Participant warrants that the images and videos were captured by a VOSKER® camera and that it owns all rights on said images and videos forwarded to the Sponsor, and that, at all times, it will not be in violation of any third party’s rights (“Participant’s Warranty”). The Participant shall hold indemnify and hold harmless the Sponsor, its affiliates, subsidiaries, employees, directors, and shareholders for any breach of the Participant’s Warranty stipulated in this section 9 of these Rules.
By Entering this Contest, the Participant grants the Sponsor and its authorized agents all tangible and intellectual property rights on all images and/or videos, literary works and/or texts, forwarded by the Participant to the Sponsor during the Contest Period. For clarity purposes, the Sponsor is entitled to use, reproduce, edit, adapt, publish and or display said images, videos, literary works and/or texts, on any of the social networks and media platforms belonging to the Sponsor or the Sponsor’s affiliates & subsidiaries, such as but not limited to, Instagram, Facebook, Twitter, YouTube, TikTok, LinkedIn & any of the Sponsor’s, it’s subsidiaries or affiliate’s websites or applications (“Permitted Usage”). For clarity purposes, the Sponsor is not required to give credit to any Participant for any Permitted Usage.
By Entering this Contest, the Participant waives at all times, his moral rights related to any image and/or video, literary work and/or text, transmitted by the Participant to the Sponsor during the Contest Period.
11. Privacy obligations
By Entering this Contest, the Participant acknowledges and agrees to give permission to the Sponsor and its authorized agents to collect, use, manipulate and disclose his personal information in accordance with The Sponsor’s Terms of Service, available at https://www.vosker.com/terms-of-service/ , for the purpose of administrating this Contest. If he is selected as a winner, his information may also be included in a publicly available winner’s list. However, the Sponsor reserves the right, at any time and without notice, to disclose information about a Participant when required to do so by law, regulation, governmental request, or court order.
The Participant warrants that any image or video forwarded to the Sponsor shall not contain confidential or personal information within the meaning of applicable privacy laws. For clarity purposes, the Participant shall ensure that any image or video forwarded to the Sponsor does not violate any applicable privacy laws and agrees that the Sponsor will not be liable for any damages the Participant or any third party may suffer because of the transmission of confidential or sensitive information over the Internet, where the Participant acknowledges and agrees that all such communications to the Sponsor will be at the Participant’s risk. Without limiting the generality of section 13 of these Rules, by Entering this Contest, the Participant waives all rights to privacy claims against the Sponsor relating to the Contest, and shall indemnify and hold harmless the Sponsor, its affiliates, subsidiaries, employees, directors and shareholders for any third-party claim involving the breach of a third-party’s privacy rights through the forwarding of an image or video to the Sponsor.
12. Social medias
The Contest is no way endorsed, administered, associated, managed nor sponsored by any social media used to promote the Contest. Any social media used to promote the Contest will not be liable in any way for any issue related to the Contest.
13. Legal disputes
By Entering this Contest, the Participant agrees that any and all issues, questions, disputes and claims of any kind or nature whatsoever resulting from, arising out of or in any way connected with the Contest, including without limitation all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between Participant and the Sponsor, and procedural provisions, without giving effect to any choice of law or conflict of law rules, shall be construed in accordance with and governed exclusively by the laws of the province of Quebec. Any dispute or litigation resulting from, arising out of or in any way connected with the Contest shall be adjudicated by the courts sitting in the Montreal judicial district. The Participant further agrees that any and all claims brought against the Sponsor shall be limited to the actual costs incurred by the Participant due to his participation in the Contest and expressly agrees to waive any claim of punitive, incidental or consequential damages. Attorney’s fees may not be awarded.
13.1. Waiver of right to jury trial
BY ENTERING THIS CONTEST, THE PARTICIPANT IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE CONTEST OR THESE OFFICIAL RULES.
13.2. For Québec residents only
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Québec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
14. Limitation of liability
The Sponsor and its representatives and employees shall not be responsible : a) for print or typographical errors in any Contest-related material; b) for any human error, technical malfunctions, lost, delayed or misdirected entries for any reason, mail failures, late, lost, misdirected or unsuccessful efforts to notify a potential winner or any combination thereof; (c) for entries that are stolen, destroyed, tempered with, accessed without authorization or altered; (d) for damage caused to the Participant’s or another person’s computer system or equipment as a result of participating in, uploading or downloading material in relation to the Contest; (e) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest or receipt or use or misuse of any Prize; (f) for the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer hackers or otherwise and g) for the failure of any third party contractor or supplier used in connection with any aspect of the Contest to perform or deliver any goods or services, any act of God or any other event beyond the Sponsor’s control and any dissatisfaction of any kind by a winner with any aspect of the Contest or any Prize.
By entering or attempting to enter this Contest, each Participant or potential participant agrees : (a) to be bound by these Official Rules, available on the Contest Site throughout the Contest Period, and by all Applicable Laws and decisions of Sponsor, which shall be binding and final; (b) to waive any and all rights to claim ambiguity with respect to these Official Rules; (c) to waive any and all rights to bring any claim, action, or proceeding against the Sponsor and any of the Affiliated Parties in connection with the Contest; (d) to forever and irrevocably exonerate, release, discharge, defend, indemnify, and hold harmless the Sponsor and the Affiliated Parties from any and all claims, lawsuits, actions, damages, demands, courses of action, causes of actions or liability of any kind whatsoever resulting from or related to the participation or attempted participation in the Contest by the Participant and e) to completely indemnify the Sponsor for any third party claims related to this Contest or to any violation of these Rules by the Participant or any activity related to a Prize, without limitation.
The Sponsor will in no way be liable for any event which leads to the Prizes being annulled or for events beyond its control which lead to the Prizes or part of the Prizes not being awarded.
Note: The use of the masculine gender includes the feminine and is intended solely for the sake of brevity and ease of reading.