Social Media Contest

#GuiltyPleasures

#GUILTYPLEASURES, WE’VE ALL GOT ‘EM!

Those little financial guilty pleasures that arise from a desire for ease, a need to save time, a lack of planning or a craving for instant gratification.  These seemingly small indulgences add up and can cost Canadians big in the long run.

During Credit Education Week 2017, Capital One and Credit Canada will provide Canadians with credit and financial education to help them better manage their financial guilty pleasures and uncover new possibilities.

Share your financial ‘guilty pleasures’ by posting a photo (no brands, please!) on Twitter or Instagram with the hashtag #GuiltyPleasures and tag @CreditCanada for a chance to win $500.  Contest runs from August 21st to September 24th 2017.

RULES & REGULATIONS

THIS CONTEST IS OPEN TO RESIDENTS OF CANADA (EXCLUDING QUEBEC)
AND IS GOVERNED BY CANADIAN LAW

Standard data rates apply to participants who choose to participate in the Contest via a mobile device.  Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. KEY DATES:
The #GuiltyPleasures Contest (the “Contest”) begins on August 21st, 2017 at 12:01 p.m. Eastern Standard Time (“EST”) and ends on September 24, 2017 at 12:01 p.m. EST (the “Contest Period”).

2. ELIGIBILITY TO ENTER:
The Contest is open to residents of Canada, excluding the province of Quebec, who have reached the legal age of majority in their province/territory of residence at the time of entry except employees, representatives or agents (and those with whom such persons are living, whether related or not) of Capital One Bank (Canada Branch) (‘Capital One”) and Credit Canada Debt Solutions (the “Sponsor”), their parent companies, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Contest (collectively, the “Contest Parties”).

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Rules and Regulations (the “Rules”).

4. TWITTER & INSTAGRAM NOT INVOLVED:
The Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram (each a “Social Platform” and together, the “Social Platforms“).  The Social Platforms are hereby completely released of all liability by each entrant in this Contest.  Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to the Social Platforms.

5. HOW TO ENTER:NO PURCHASE NECESSARY.  To earn an entry in the Contest (each, an “Entry” and collectively, the “Entries”), log in to your Twitter or Instagram account (each, an “Account”) at www.twitter.com on your computer, tablet or mobile device or by using the Twitter or Instagram app on your tablet or mobile device during the Contest Period and post an original Instagram photo, or an original photo “tweet” (or series of chained tweets, where it is made clear such tweets are related), containing a unique personal example of a ‘guilty pleasure’ (i.e. a habit, routine, or regular purchase that is detrimental to your financial health and which you continue to make regardless) (each, a “Post”). Each Post must include the hashtag #GuiltyPleasures and must tag the Sponsor’s Instagram or Twitter account, @CreditCanada, in order to be eligible to receive an Entry. You may only use one (1) Account on each Social Platform to participate in this Contest. To be eligible to earn an Entry, your Account(s) must be set to public and not private. At the end of the Contest Period, each Post from an eligible Account that complies with these Rules will earn one (1) Entry in the contest. If you do not have an Account, you can create one free of charge at www.twitter.com on your computer, tablet or mobile device or through the Instagram or Twitter mobile application on your tablet or mobile device.

To be eligible to earn an Entry, each Post must contain a unique personal example of a ‘guilty pleasure’, and only the first Account to submit a Post containing a particular example of a ‘guilty pleasure’, determined by the date stamp on that Post, will receive an Entry in the contest for that Post. For the avoidance of doubt, Posts which contain a duplicate, or materially similar ‘guilty pleasures’ (as determined by the Sponsor in its sole and absolute discretion) as a previous eligible Post will not earn an Entry.

All Entries and materials associated with your Entry (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) include all required components noted above; (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (iv) be in accordance with the applicable terms, rules, policies and guidelines of the applicable Social Platform (the “Social Platform Rules”), to earn an Entry, all as determined by Sponsor in its sole and absolute discretion.

6. PRIZE LIMIT AND CONDITIONS:
There is a limit of one (1) Prize (as defined below) per person throughout this Contest (regardless of how many unique Posts you submit).  Under no circumstances will any participant be eligible to win more than one (1) Prize.  If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) receive more than one (1) Prize; and/or (ii) use multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to receive more than one (1) Prize or otherwise disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.  The Contest Parties, Instagram, Twitter, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).  An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry (including, but not limited to, all required Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) and/or the applicable Social Platform Rules, all as determined by Sponsor in its sole and absolute discretion.

7. VERIFICATION:
All Entries, Entry Materials and entrants are subject to verification at any time and for any reason.  The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules.  Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.  The sole determinant of the time for the purposes of this Contest will be the Sponsor’s official clock(s).

8. SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU REPRESENT THAT YOUR ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) FOR THE PURPOSES SET OUT UNDER THESE CONTEST RULES; (II) SUBMISSION OF YOUR ENTRY (INCLUDING ANY APPLICABLE INTERNET OR DATA CHARGES) AND PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY OF YOUR PERSONAL INFORMATION; AND (IV) IF YOU ARE DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE). YOU AGREE TOINDEMNIFY AND HOLD HARMLESSTHE RELEASED PARTIES IN THE EVENT THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULESOR THE SOCIAL PLATFORM RULES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND AWARDING OF ANY PRIZES.

By participating in the Contest, you warrant and represent that your Entry and any Entry Materials you submit:

i. is/are original to you, and that you have obtained all necessary rights in and to your Entry and the Entry Materials for the purposes of entering such Entry and Entry Materials 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, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

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 does 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, Capital One, Sponsor, or any competitors of Capital One or 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 or Capital One; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor or Capital One (e.g. any clothing worn and/or products appearing in your Entry or Entry Materials 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.

The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Entries and Entry Materials. Any Entries or Entry Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification.  The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entries (or any part thereof) and/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 and associated Entry Materials comply 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/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.

9. LICENSE:
By entering the Contest and submitting an Entry, each entrant: (i) without limiting the applicable Social Platform Rules, grants to the Sponsor and to Capital One, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry and Entry Materials (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 Entry Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry and Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry and Entry Materials (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.

10. PRIZES:
There will be six (6) Prizes (each, a “Prize” and collectively, the “Prizes”) available to be won, consisting of one (1) cheque with value of  $500 CAD (the “First Prize”) and five (5) cheques with value of of $100 CAD (each, a “Runner-Up Prize”).  There is a limit of one (1) Prize per person.  Each Prize must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value.  None of the Released Parties makes 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, the 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 his/her Prize fail 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, a confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

11. ELIGIBLE WINNER SELECTION PROCESS:
On September 26, 2017 (the “Selection Date”) in Toronto, ON at approximately 2:00 p.m. Eastern Standard Time (“EST”), six (6) eligible Entries will be selected by a judging panel from among all eligible Entries submitted and received in accordance with these Rules, one of which will be eligible to receive the First Prize and five of which will be eligible to receive a Runner-Up Prize.  The panel will consist of 2 representatives from Capital One and 3 representatives from the Sponsor (each, a ‘Judge’, collectively the ‘Judging Panel’). Each Judge will individually select their top 3 Entries from all eligible Entries submitted in accordance with these Rules, resulting in a short list of fifteen (15) Entries, provided that no more than one (1) Entry will be selected per Entrant, based on the following criteria:

  • Originality of the unique personal example of a ‘guilty pleasure’
  • Applicability to Canadian consumers

Once the top fifteen (15) short list Entries have been selected, the Judging Panel will review the short list and select one (1) Entry to receive the First Prize and five (5) Entries to receive a Runner-Up Prize according to the same criteria provided above. Each Judge will receive equal weight with respect to their selections of the selected Entries. The odds of winning depend on the number and quality of eligible Entries submitted and received in accordance with these Rules.

12. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of one (1) attempt to contact each eligible winner within three (3) business days of the Selection Date.  Attempts to contact eligible winners will take the form of a Tweet which tags the eligible winner’s Twitter Account or a comment on the eligible winner’s Instagram post from the Sponsor’s Account, @CreditCanada, which will mention the eligible winner’s Account and will provide them with instructions on how to contact the Sponsor in order to claim their prize. If an eligible winner fails to contact the Sponsor, or cannot be otherwise contacted within three (3) business days of the Selection Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

13. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each eligible winner will be required to sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry and Entry Materials; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor or Capital One in any manner or medium whatsoever, including print, broadcast or the internet.  If an eligible winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

14. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.  ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of any website, mobile application or any social media platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website, mobile application, or social media platform; (iv) any injury or damage to an entrant’s or any other person’s computer, table, mobile device or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using their personal information for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://creditcanada.com/privacy-policy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.  The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

Sponsor: Credit Canada Debt Solutions: 45 Sheppard Avenue East, Suite #810, Toronto, ON M2N 6L7

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