VANS CANADA OFF THE WALLS CREATIVE CALL SWEEPSTAKES
NO PURCHASE NECESSARY.
Sponsor: Vans (Canada), a division of VF Outdoor, LLC, 3260 Rue Guénette, Ville St-Laurent, Quebec, H4S 2G5.
The Sweepstakes is open only to legal residents of Canada, 13 years of age or older**, who own or have lawful access to a mobile device that can take digital photos and that supports the free Instagram "app." Employees, representatives or agents of Sponsor, Olapic, Inc., their respective parent companies, subsidiaries, affiliates, or of any agencies/entities involved in the development, production or administration of the Sweepstakes and any individuals with whom such persons are domiciled are not eligible to enter or win a prize. This Sweepstakes is offered only in Canada. Void where prohibited by law.
**If you are a minor in your province or territory of residence at the time of entry (generally, under the age of 18), be sure to get your parent's/legal guardian's permission BEFORE entering the Sweepstakes.
1. SWEEPSTAKES PERIOD: Sweepstakes begins on April 3, 2020 at or after 9:00:00 a.m. ET (actual start time depends on when Sponsor publishes the Sweepstakes post) and ends on April 13, 2020 at 11:59:00 p.m. ET (the "Sweepstakes Period").
2. HOW TO ENTER: Log into your public Instagram account during the Sweepstakes Period, follow the official Vans Canada Instagram account, www.instagram.com/vanscanada (@vanscanada) [if you do not already], and post a photo or short video (including a caption, if you like) showing your creativity while staying indoors and use the hashtag #offthewallschallenge and tag @vanscanada. (As used herein, "photo" includes both the image or video itself and any caption accompanying such image.) Be sure to include the hashtag #offthewallschallenge and tag @vanscanada when posting your photo, so as to indicate that you are entering a promotional sweepstakes sponsored by Vans Canada to advertise its sneakers, apparel and other products.
3. ENTRY RESTRICTIONS: CONTENT OF PHOTO:
Posting of photo will not result in a Sweepstakes entry if Sponsor determines in its sole discretion that the photo:
(a) violates or infringes upon the rights of any party (including copyright, trademark, right of privacy, right of publicity);
(b) is inappropriate, obscene, hateful or otherwise unfit for publication;
(c) advocates the use of alcohol or drugs, acts of violence, dangerous stunts, or illegal behavior;
(d) disparages or damages the goodwill and/or business reputation of Sponsor or its Vans brand; or
(e) is not relevant to the theme of showing your creativity while staying indoors.
Grant of Rights. In posting a photo, you (if a minor, your parent or legal guardian) grant to Sponsor and its designees (including Olapic, Inc.) the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, as well as granting Sponsor and its designees (including Olapic, Inc.) permission to use and store any and all personal information in conjunction with the posted photo (including your Instagram handle) consistent with Sponsor's applicable Privacy Statement†, without further notice or any compensation. You (if a minor, your parent or legal guardian) further (a) waive any "Moral Rights of Authors" or similar natural rights of ownership you may have in the photo; and (b) agree, upon the request of Sponsor or its designees (including Olapic, Inc.) and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section.
†For details regarding the collection/use/sharing of your personal information in conjunction with the Sweepstakes, please review Sponsor's Privacy Statement at www.vans.ca/en_ca/privacy.html. (If you're a minor, please review the Privacy Statement with your parent or legal guardian).
You (if a minor, your parent or legal guardian) also understand and agree that: (a) Sponsor and its designees (including Olapic, Inc.) have wide access to ideas, stories and other literary/artistic materials submitted to them from outside sources or being developed by their own employees and that such ideas/stories/literary/artistic materials may be competitive with, similar to (or even identical to) the posted photo and that Sponsor and its designees (including Olapic, Inc.) shall have no liability to you or any third party in conjunction therewith; and (b) Sponsor and its designees (including Olapic, Inc.) do not have any duty of confidentiality or other fiduciary duty to you relative to your photo.
PHOTO REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE PROSPECTIVE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR ITS DESIGNEES (INCLUDING OLAPIC. INC.) IN ANY MANNER. SPONSOR IS MERELY ENCOURAGING PERSONS TO POST A PHOTO SHOWING THEIR CREATIVITY WHILE STAYING INDOORS; SPONSOR AND ITS DESIGNEES (INCLUDING OLAPIC, INC.) DISCLAIM ANY AND ALL LIABILITY IN CONJUNCTION WITH ANY SUCH POSTED PHOTO EVEN IF RE-POSTED BY SPONSOR AND/OR ITS DESIGNEES (INCLUDING OLAPIC, INC). SPONSOR AND ITS DESIGNEES (INCLUDING OLAPIC, INC.) WILL NOT EDIT OR MODIFY PHOTOS SUBMITTED FOR THE SWEEPSTAKES IN CONJUNCTION WITH THE IMPLEMENTATION/ADMINISTRATION OF THE SWEEPSTAKES.
4. ADDITIONAL ENTRY RESTRICTIONS: Limit of one (1) entry per person, regardless of the number of photos posted. (A given Instagram account may only be used by one (1) person to enter the Sweepstakes.) Violation of this limit may result in disqualification of all entries. In the event of a dispute, the owner of the Instagram account used to submit the entry (i.e., post the photo), as determined by Sponsor in its sole discretion, will be deemed to be the entrant. Sponsor may acknowledge receipt of entry/photo, including by re-posting or commenting on same; however, any such acknowledgment is in no way binding upon Sponsor. Sponsor and its designees (including Olapic, Inc.) are not responsible for late, lost, illegible/garbled, inaccessible, corrupted, damaged or misdirected entries, all of which are void. Sponsor and its designees (including Olapic, Inc.) are also not responsible for programming, electronic, technological, telephonic, network or other malfunction, error or failure which in any way affects or interferes with the operation of the Sweepstakes; or for entries not timely received or that are not received in a usable format due to filtering by or other operation of Instagram (or any other cause).
Standard message and data rates and/or wireless Internet access charges may apply when participating in the Sweepstakes. You may be charged by your wireless carrier in conjunction with the Sweepstakes entry. Be sure to check your wireless carrier's pricing plan BEFORE participating in the Sweepstakes. (If you're a minor, please review the wireless carrier's pricing plan with your parent or legal guardian). Wireless Internet access may not be available in all areas.
5. WINNER DETERMINATION: The potential winners will be selected via random drawing from among all eligible entries received during the Sweepstakes Period. The drawing will be conducted by Sponsor on April 14, 2020 at about 4:00:00 p.m. ET at 3260 Rue Guénette, Ville St-Laurent, Quebec, H4S 2G5. The content of an entrant's photo will not be taken into account in the winner selection procedure, provided that the photo is in full compliance with these Official Rules including the content requirements in Rule 3 above. Sponsor will attempt to notify potential winners via direct message on or after date of random drawing. Prior to being declared a winner, the potential winner must first: (i) correctly answer, unaided, a mathematical skill-testing question; and (ii) if required, sign and return a Declaration of Eligibility, a Liability Release and a Publicity Release (where legal), all within (3) business days. (If the potential winner is a minor, any required Declaration/Release must be signed by the minor's parent or legal guardian). If the potential winner cannot be contacted for any reason despite Sponsor's commercially reasonable efforts to do so (including due to one's privacy settings not allowing Sponsor to contact the potential winner via direct message), is determined to be ineligible or not in compliance with these Official Rules, fails to correctly answer the skill-testing question, or if the potential winner (if a minor, his/her parent or legal guardian) fails to timely sign/return the Declaration/Release (if applicable), the Grand Prize will be forfeited without compensation of any kind. If a Grand Prize is forfeited, an alternate winner will be selected from among all remaining, non-winning eligible entries received during the Sweepstakes Period. Entrants (if a minor, his/her parent or legal guardian) agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
6. GRAND PRIZE (10): Ten (10) prizes available to be won, each consisting of one (1) Vans Custom Code redeemable for one (1) pair of Vans Customs sneakers from www.vans.ca/customs (winner's choice of shoe style then available for use with custom design on the Vans Canada website at time of code redemption), with an approximate retail value of up to $95 CAD each. (If actual value of Vans Customs sneakers for which Custom Code is redeemed is less than $95 CAD, winner will NOT receive the difference in cash or otherwise.) Total approximate retail value of all Grand Prizes: up to $950 CAD. Custom code is subject to terms and conditions of use as well as www.vans.ca/customs; without limiting the foregoing, Custom Code is not a gift certificate/gift card, is not redeemable/exchangeable for cash, must be used within six (6) months of the date of issuance (and otherwise will be forfeited) and cannot be redeemed in conjunction with any other offer/promotion/coupon/discount. Grand Prize is not transferable except with Sponsor's permission, which may be granted or withheld in Sponsor's sole discretion and without liability of any kind. Prize must be accepted as awarded. No prize substitution permitted except by Sponsor due to unavailability of prize for any reason and only then for prize of equal or greater value. If won by a minor, Sponsor may award prize to or in the name of such minor's parent or legal guardian on his/her behalf. Vans Customs sneakers for which Custom Code is redeemed will only be shipped to winner at a street address in Canada. Applicable taxes on prize and unspecified expenses related to acceptance/use of prize (including if value of Vans Customs sneakers for which Custom Code is redeemed exceeds $95 CAD) are winner's sole responsibility. Limit of one (1) prize per family/household/address. Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. Custom Codes will be issued to confirmed winners within one (1) to three (3) weeks from date of winner confirmation.
7. CONDITIONS OF PARTICIPATION. By accepting a prize, where legal, winner (if a minor, his/her parent or legal guardian) agrees to the use of winner's name, photo, likeness, image and other indicia of persona for advertising/trade/publicity purposes by Sponsor and its designees (including Olapic, Inc.) without further compensation or notice. By participating, entrant (if a minor, his/her parent or legal guardian) releases and agrees to hold harmless Sponsor, Olapic, Inc., their respective parent companies, affiliates, subsidiaries, and their respective directors, officers, employees and agents of any of the above organizations, as well as Facebook, Inc./Instagram from any and all liability arising from the Sweepstakes or the receipt, acceptance, use or misuse of prize. If Sweepstakes cannot be conducted as originally planned due to any cause beyond Sponsor's control (e.g., computer virus, act of fraud, natural disaster, epidemic, pandemic, government order or law), Sponsor may (subject to the jurisdiction in Quebec of the Régie des alcools, des courses et des jeux) cancel/suspend/modify the Sweepstakes and pick the winners from among all eligible entries received prior to and/or after action taken by Sponsor or otherwise in any manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules; notice of such action by Sponsor will be posted on @vanscanada. Tampering with Sweepstakes or violation of these Official Rules will result in disqualification; but, disqualification shall not represent the sole remedy available to Sponsor. (By way of example only, tampering includes use of programmed or automated methods of Sweepstakes entry; posting a photo that violates the rights of a third party or otherwise is not in compliance with the content guidelines in Rule 3 above and/or violation of the entry limit). Sponsor's failure to enforce any provision of these Official Rules in a given instance is NOT a waiver of such provision. Any dispute or claim regarding the Sweepstakes will be resolved pursuant to the laws applicable in the Province of Ontario. Any such dispute/claim must be brought individually (NOT as part of a class action) in any competent court located within the Province of Ontario, with recovery being limited to one's actual costs in participating in the Sweepstakes (if any) with all damages or other forms of recovery being expressly waived. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.
For residents of Quebec, any litigation respecting the conduct or organization of this Sweepstakes in Quebec may be submitted to the Régie des alcools, des courses et des jeux for a ruling. For residents of Quebec, 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.
8. WINNERS' LIST. For names of winners (first name, last initial), send an e-mail request to Vans.email@example.com with Vans Canada Off the Walls Creative Call Sweepstakes in the subject line no later than August 31, 2020.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR OTHERWISE ASSOCIATED WITH, INSTAGRAM.