The contest “Magic Bag Moment” (hereinafter referred to as the “Contest”) shall be held by Masdel inc. (hereinafter referred to as: the “COMPANY”). It takes place through a website dedicated to the Contest (hereinafter referred to as: the “Website”) where participants (hereinafter referred to as: the “Participant”) will be invited to upload an original video along with their participation form (URL: www.magicbagmoment.com). The contest will run from October 9, 2017, to December 9, 2017.
This contest is open strictly to Ontario and Alberta residents. Participants must be the age of majority or older at the time of entry in their respective province or territories. Excluded from this contest are employees of Masdel inc. and all of their parent, subsidiary, affiliate and related companies. No purchase is necessary.
Participants wishing to enter the Contest must submit, at the time of entry, a video where they are personally featured having a fail moment (hereinafter referred to as the “Video”). The video needs to be an original submission otherwise the Participant will automatically be disqualified from the Contest.
HOW TO PARTICIPATE
- A) REGISTRATION
The Participant recruitment period will be from October 9, 2017, to December 9, 2017. You must first register by completing the registration form available online at URL: www.magicbagmoment.com
Follow the instructions on the site to access the registration form. Fill out the form, upload your Video at the indicated space and click on the “Submit” button. An email will then be sent to confirm your registration. The COMPANY is not responsible for any technical problems that may lead to the non-receipt of a registration form. You must ensure that you have a reasonable timeline for submitting your form and that you receive the above-mentioned confirmation email.
There is a limit to one entry per Participant during the contest period. A violation of these rules may result in the disqualification of the Participant.
- B) Selection for the winner
Each winner will be chosen by a random draw from among all eligible Participants. The draw will be held by the contest organizers at 9081, du Parcours, Anjou (Quebec) H1J 2Y1, Canada. The name of the winners will be revealed on the social media accounts of the organizer and the winner will be contacted by email or by telephone. The winner’s prize will be delivered by mail. The winners will be chosen as follows: (i) one winner from Ontario (ii) two winners from Alberta.
Prizes must be accepted as such and may not be exchanged for money, transferred, sold or exchanged to any other person in whole or in part.
The winner must, if required, consent, without compensation, to have his or her name, photo, voice, place of residence and/or any statement made in relation to the prize be used for advertising purposes relating to the Contest.
In the event that a selected Participant proves ineligible for purposes of these rules, he/she will automatically be disqualified and the prize will be awarded to a new eligible Participant by draw. This selection will be done according to the contest rules and before a witness.
Entries are subject to verification by the contest organizers. Any fraudulent or incomplete registrations will automatically be rejected and will not be considered for the prize. The decision of the organizers for this purpose is final and without appeal. It is understood that all selected Participants authorize the COMPANY to carry out all the necessary checks with respect to their participation, in particular to verify their eligibility.
- THE PRIZE
The winner of the contest will receive:
- 2 2017/18 M.A.X. Pass (https://www.themaxpass.com).
- Magic Bag Merchandise.
- E) terms and conditions
All expenses incurred by the winner outside of the Prize will be borne by him.
Participants agree to abide by the applicable registration and consent forms, sign such forms, if applicable, and comply with the rules, terms and conditions as may be determined by the COMPANY, including but not limited to the contest rules.
The prize must be accepted as described in these rules and cannot be transferred to another person
In the event that the COMPANY is not able to award a prize or part of a prize as described in these rules, for reasons beyond its control and not related to the Participant, the COMPANY undertakes to do everything possible to award a prize of the same or equivalent value.
To the extent that this may apply to the prize awarded, the Participants and the prize winner acknowledge that, from the moment the COMPANY organizes with the providers the prize(s) and informs the winner of the various terms and conditions of the prize, the performance of prize-related services become the sole and exclusive responsibility of the prize winner, if any. The winner of the prize undertakes, before taking possession of the prize, to sign a consent and waiver of responsibility for this purpose.
All Participants agree that the COMPANY and/or its agents, representatives or employees may use and distribute in any medium now known or hereafter created, including but not limited to the internet, anywhere in the world and in perpetuity, the Video they submitted, their appearances, observations, names, likeness, image, place of residence, comments or voice, for the purpose of advertising and promoting the Contest, without any other authorization or remuneration of any kind or type whatsoever.
All Participants and all other persons grant to the COMPANY an exclusive license to any copyright of any kind or type, if such rights are at issue, which they may have in respect of the Video they submitted following their participation in the contest and renounce all moral rights related to the above, without limit of time or place allowing the COMPANY to use them in the contest and its promotion and publicity.
The Participant represents and warrants that the Video:
- Is original to him personally and all right and interest therein is owned or is legally used to the full extent necessary to enable the COMPANY to use the Video following the provisions of the present Contest Rules
- Does not contain statements or declarations that are defamatory (including terms or symbols widely considered to be offensive with respect to race, ethnicity, religion, sexual orientation or socio-economic status);
- Does not contain threats against any person, place, business or group;
- Does not contain any content that could be considered, trade libelous, pornographic, obscene, indecent, blasphemous, obscene, hateful, odious, or slanderous;
- Does not denounce any person or organization related to the parties involved in the contest;
- Does not violate privacy breaches or violations of third party rights;
- Does not contain elements that are, in one way or another, unlawful, in violation of, or contrary to, municipal, provincial and federal laws where the submission was made;
- Does not refer to a person or organization without its express written consent.
In submitting the Video, the Participant expressly agrees to transfer all rights and ownership in the Video unconditionally and irrevocably to the COMPANY. To that effect, all rights of every kind and nature whatsoever that the Participant may have in the Video made hereunder in connection with the Contest shall be transferred and become the sole and exclusive property of the COMPANY, including, without limitation, the perpetual and irrevocable right and license to use and reuse the Video in connection with the COMPANY and their promotional activities, in any manner whatsoever and at any time by all means, media, devices, processes and technology in perpetuity throughout the world. Neither the Participant nor any other party now or hereafter claiming an interest in the Video shall have any right of action against the COMPANY or any other party arising from or based upon any use or exploitation of said Video.
The COMPANY disclaims any responsibility for the malfunction of any computer component, software or communication line including telephone lines in connection with the loss or absence of network communication or in connection with any faulty, incomplete, incomprehensible or erased transmission by any computer or network, and which may limit the possibility or prevent any person to enter the contest. The COMPANY disclaims any liability for any damage or loss that may be caused, directly or indirectly, in whole or in part, by downloading any software and transmitting any information including the post to participate in the contest.
The COMPANY shall not be held liable in any way whatsoever and in any case where its inability to act would result inter alia, but not limited to, a fact or situation beyond its control or a strike, lock-outs, or other labor disputes in its establishments or in the establishments of the organizations or undertakings whose services are used for this contest and which would have the effect of preventing or limiting the possibility for a person to participate in the contest at some stage. In such cases, the COMPANY, its agents, representatives or employees may decide to suspend, modify, cancel, terminate or continue this contest in their sole and absolute discretion.
Participant acknowledge that the COMPANY, its advertising and promotional agencies or parent companies, affiliated companies, subsidiaries, representatives or employees, are in no way responsible or liable for any injury, loss or damage caused to the Participant following his registration to the Contest.
All Participants acknowledge that the interests of the contest shall prevail over those of any Participants.
The COMPANY is entitled at any time to require proof of identity and/or eligibility to confirm the age and residence of the Participant, among others. Failure to provide such evidence within a reasonable period of time may result in the Participant being disqualified. All details and personal information requested by the COMPANY and provided by each Participant must be truthful, accurate and in no way misleading. The COMPANY reserves the right, in their sole discretion, to disqualify any Participant from the contest and the finale if at any stage of the contest, such Participant discloses details and/or false information, inaccuracies or deceptive information or prejudices in any way about the contest and/or the COMPANY.
The odds of winning a place in the finale depend primarily on the total number of people who have submitted their Video on the Website.
Personal information collected about Participants in the Contest will only be used for the purpose of the contest, subject to the authorization of the contrary by a particular Participant on the entry form, or otherwise stated.
The COMPANY reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this contest in whole or in part in the event of a virus, any human error of any kind, unauthorized human intervention or any other cause beyond its control that may corrupt or affect the administration, security, impartiality or normal conduct of the contest.
Without limiting the generality of the foregoing, the COMPANY reserves the right to modify the contest structure as it deems necessary, including but not limited to, adding auditions/semifinals/finals including semi-finalists and finalists.
These contest rules are an addition to, but not a substitute for, all consent and disclaimer forms signed by any entrant and, if there is a conflict between any consent and waiver of liability form and the contest rules, the rules shall prevail.