Official Rules and Regulations
Urban Planet Back-To-School Survival Pack Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THESE RULES AND REGULATIONS (THE “SWEEPSTAKES RULES”) GOVERN THE “Urban Planet Back-To-School Surival Pack Sweepstakes (THE “SWEEPSTAKES”). YOUR PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES ACCEPTANCE AND AGREEMENT TO ALL OF THESE RULES AND REGULATIONS. IF YOU DO NOT AGREE WITH EACH AND EVERY PROVISION OF THESE RULES AND REGULATIONS YOU MAY NOT PARTICIPATE IN THE SWEEPSTAKES.
- Sweepstakes Dates and Times: The Sweepstakes begins on August 2, 2018 at 9:00 A.M. ET and ends on August 29, 2018 (the “Sweepstakes Closing Date”) at 4:00 p.m. ET.
- Sweepstakes Sponsor: This Sweepstakes is sponsored and administered by YM Inc. (Sales) d/b/a Urban Planet of 50 Dufflaw Road, Toronto, Ontario M6A 2W1.
- Eligibility: This sweepstakes is only open to individuals legally residing in Canada. This sweepstakes is governed by Canadian law. Entrants under the age of majority in their province of residence must have parental/guardian consent and must have a parent or legal guardian sign all required documentation. This Sweepstakes is not open to: a) directors, officers or employees of YM, its agents, affiliated or related companies, subsidiaries, divisions (collectively, the “YM Group”) or promotional agencies, members of the immediate family of, or persons domiciled with directors, officers or employees of the YM Group. Proof of identification and eligibility must be provided upon request.
- How to Enter: No purchase or payment is necessary to participate in the Sweepstakes. To enter the Sweepstakes, eligible individuals must do the following steps: 1a) Visit @urbanplanet on Instagram and “Follow” b) Upload a picture on Instagram featuring your Urban Planet denim. c) Use the hashtag #myUPdenim and tag us @urbanplanet.
Entries will only be accepted after fulfillment of the aforementioned three steps, and not by any other means. Limit of one Entry per individual (and therefore email address) during the Sweepstakes period. Multiple entries are not permitted. To be eligible, Entries must be received by YM no later than 3:59 p.m. ET on the Sweepstakes Closing Date. All Entries become the property of the YM Group and will not be acknowledged or returned.
- The Prize: There is one prize to be won, which includes: the winner’s preferred style/“fit” of denim jeans, MacBook Pro, Fuji Film Insta camera, Intax Film, 1-year Netflix Subscription, 1 year Spotify subscription, 1 backpack filled with back-to-school essentials (which may include phone cases, key chains, dad caps, ear buds, socks, notebooks, waterbottles or other similar items), and a $200 Visa gift card. The prizes do not include any other fees, charges or benefits, such as taxes, duties or insurance, all of which are the winner’s sole responsibility. Prizes are subject to all standard conditions, restrictions, requirements and regulations of the prize suppliers. The prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash and will be awarded to the winner only. The YM Group may, in its sole discretion, make substitutions of equivalent kind or approximate retail value, if a part of or the entire prize is not available. Any unused, unclaimed or declined portion of the Prizes will be forfeited, have no cash value and the YM Group shall have no obligation to provide either an alternative or value-in-kind.
- The Draw: On or around August, 30 2018 (the “Draw Date”), random draws for the prizes will be made at the head office of the YM Group, located at 50 Dufflaw Road, Toronto, Ontario M6A 2W1 from all eligible Entries received. The odds of winning the Sweepstakes are dependent on the total number of eligible Entries received. The first entrant whose name is selected at random from all eligible Entries will be notified with an Instagram direct message within three (3) days of the Draw Date via the Instagram account used to enter. Return of a prize notification message as undeliverable, or the selected entrant’s failure to respond to the prize notification direct message within twenty-four (24) hours, or the selected entrant’s failure to fully comply with these Sweepstakes Rules, may, in the YM Group’s sole discretion, result in a forfeiture of the prize without any liability to the selected entrant or any other person, and another entrant may be randomly selected from the remaining eligible Entries and in accordance with these Sweepstakes Rules. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the holder of the Instagram account indicated on the Entry Form. The YM Group is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for its failure to receive a selected entrant’s response. If, as a result of an error relating to the entry process, drawing or any other aspect of the Sweepstakes, there are more selected entrants than contemplated in these Sweepstakes Rules, there will be a random draw amongst all eligible Prize claimants after the Sweepstakes’ closing date to award the correct number of Prizes.
- How to Win: Before a selected entrant is declared the winner of the Sweepstakes, he or she must: (a) fully comply with these Sweepstakes Rules; (b) correctly answer, unaided by any other person, a time limited, mathematical skill-testing question to be administered by the YM Group over the telephone or electronically at a mutually convenient time; and c) within five (5) days of being contacted sign the return and Waiver Release of Liability Form (as described below). A YM representative will request an email address at the time the selected entrant is notified that he or she was selected in the Sweepstakes draw.
- Release: Before a selected entrant is declared the winner of the Sweepstakes, he or she must sign a sweepstakes eligibility and liability/publicity release (a “Waiver Release of Liability Form”) confirming compliance with these Sweepstakes Rules and accepting the prize as awarded; irrevocably releasing the YM Group and each of its respective directors, officers, employees, agents, representatives, and third parties relating to the sweepstakes, from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Sweepstakes, participation in any Sweepstakes-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 therefrom and except where prohibited by law, consenting YM to publicly announce the selected entrant’s name as the prize winner and use the selected entrant’s name, address (city and province) and image, worldwide and in perpetuity, for promotional and advertising purposes in any and all forms of media and technology now known or later developed whatsoever, without any further compensation to the selected entrant or any other person. The YM Group has the sole authority and discretion to determine whether a Waiver Release of Liability Form has been properly executed and has the sole authority and discretion to accept or refuse a Waiver Release of Liability Form that has not been properly executed. The executed Waiver Release of Liability Form must be returned within five (5) days of the date on which the entrant receives the form, failing which the selected entrant will be disqualified and the Prize forfeited.
- Limitation of Liability: Releasees are not responsible for: any incorrect or inaccurate entry information, human errors, technical malfunctions, failures, viruses, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to entrants’ or any other persons’ computer relating to or resulting from participation in the Sweepstakes, inability to access the Sweepstakes Website; inability to download entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion or telephone lines or the Internet or the Sweepstakes Website, human or other errors relating to or in connection with the Sweepstakess, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Sweepstakes Winner or in any Sweepstakes-related materials, or for any other reason whatsoever. Proof of submitting an entry is not considered proof of delivery or receipt. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Sweepstakes, or by the acceptance, possession, use of, or failure to receive, or inability to use any prize. Releasees assume no responsibility or liability in the event that the Sweepstakes cannot be conducted as planned for any reason.
PRIZE IS AWARDED “AS IS” AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED OR PROVIDED BY STATUTE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). IN ADDITION TO THE FOREGOING, RELEASEES MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED OR OTHERWISE PROVIDED BY STATUTE, RELATING TO THE SWEEPSTAKES OR CONCERNING THE PRIZE OR ANY PORTION OF THE PRIZE FURNISHED IN CONNECTION WITH THIS SWEEPSTAKES.
- Personal Information: By entering the Sweepstakes, entrants consent to the collection, use and disclosure of their personal information by the YM Group for the purposes of the administration of the Sweepstakes and to use for promotional purposes. Information is retained for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Any inquiry concerning entrants’ personal information collected and used by the YM Group should be addressed to firstname.lastname@example.org.
- Conduct: By participating in the Sweepstakes, each entrant is deemed to have executed and agrees to be bound by the Sweepstakes Rules. Each entrant further agrees to be bound by the decisions of the YM Group, which shall be final and binding in all respects. The YM Group reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Sweepstakes Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes and/or the Sweepstakes website or any related promotional website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the YM Group or any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE YM GROUP RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. Winners must at all times behave appropriately when taking part in the Prize and observe the Sweepstakes Rules and any other rules or regulations in force at the venue. The YM Group and/or the venue personnel reserve the right to remove from the venue any winner and/or guest who breaks such rules and/or fails to behave appropriately and to disqualify such winner and/or guest.
- General Conditions
- YM reserves the right to withdraw, amend, terminate or suspend in whole or in part this Sweepstakes at any time without prior notice and without liability if YM determines that for any reason the Sweepstakes is not capable of being conducted as planned, including without limitation, due to the unsatisfactory quality of the Entries, technical corruption, virus, bugs, unauthorized human intervention or any other technical problems, which may arise from time-to-time, destroying or interfering with the security, fairness, administration, integrity and proper conduct of this Sweepstakes.
- The YM Group and each of its directors, officers, employees and agents are not liable, jointly or severally, for any of the following:
- Erroneous, damaged, undelivered, destroyed, lost, late, incomplete, incorrectly addressed or misdirected Entries, regardless of cause;
- Failure for any reason whatsoever of selected entrant(s) to receive a prize notification email (including changes in selected entrant’s email address after Entry form is submitted);
- Computer, online, telephone, communication or technical malfunctions or errors that may occur, regardless of cause; or
- Damage or loss, including without limitation any loss of use, special, incidental, exemplary, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any theory of law or equity arising from or relating to the Sweepstakes, or the prize or use or misuse of the entrant’s personal information, regardless of the cause or any negligence by the YM Group and/or the Releasees or any person or entity for whom any of them are responsible, and notwithstanding that any of those entities or persons may have been advised of the possibility of such loss or damage being incurred.
- The Sweepstakes is subject to the applicable laws, and is void where prohibited by law. If any provision of these Sweepstakes Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
- YM will not engage in correspondence with any person at any time except with selected entrant(s).
- All decisions of YM regarding any and all aspects of the Sweepstakes are final and binding on all entrants.
- The name of the Sweepstakes winner may be obtained by sending a self-addressed stamped envelope to YM Inc. (Sales), Attention: Marketing - 50 Dufflaw Road, Toronto, Ontario M6A 2W1 within thirty (30) days after the Sweepstakes Closing Date.
- This Sweepstakes and all related matters shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court sitting in the City of Toronto, Ontario, Canada and entrants submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all disputes.
- Entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including legal fees, other than entrant's actual out-of-pocket expenses. (i.e., costs associated with entering this Sweepstakes), and entrants further waive all rights to have damages multiplied or increased. Entrants agree that any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action.
- The YM Group reserves the right to make changes to the Sweepstakes terms & conditions at its sole discretion. In the event of any discrepancy or inconsistency between these Sweepstakes Rules and other statements contained in any Sweepstakes-related materials, including but not limited to the Entry form, print or online advertising, these Sweepstakes Rules shall prevail, govern and control.
- Participating in this Sweepstakes constitutes irrevocable acceptance and agreement to all of these rules and regulations.