2017 Hyundai Ultimate Date National Date Contest
OFFICIAL RULES AND REGULATIONS Open to residents of Canada only Please read these official contest rules (the “Rules”) in their entirety before entering this contest (the “Contest”). Do not enter the Contest unless you agree to be legally bound by these Rules. Participation in the Contest constitutes full and unconditional agreement to, and acceptance to be legally bound by, these Rules which are final in respect of all matters relating to the Contest. 1. HOW TO ENTER THE CONTEST: The Contest is open between September 11, 2017 at 12:01am Eastern Time (ET) and March 18, 2018 at 11:59pm Pacific Time (PT) (the “Contest Period”). To be eligible for any given random draw (see section 6 for details), your Entry (defined below) must be received prior to the corresponding entry deadline (each, an “Entry Deadline”), as set out in the following table:
Random Draw Entry Deadline (11:59pm PT)
To
enter,
you
1
October 9, 2017
2
November 6, 2017
3
December 11, 2017
4
January 8, 2018
5
February 12, 2018
6
March 18, 2018
must
visit
either
www.HyundaiUltimateDate.com
(English)
or
www.DateDeReveHyundai.com (French) (each, a “Site”) and complete the registration form (the “Form”) by entering the requested information in respect of all mandatory fields as indicated on the Form, including your name, gender, telephone number, birthdate, postal code and e-mail address. Once you have fully completed the Form with all mandatory information, follow the on-screen instructions to submit your completed
Form (an “Entry”).
To be eligible, your Entry must be submitted and received in
accordance with these Rules during the Contest Period. There is a limit of one (1) Entry per person and per email address throughout the Contest Period. No purchase is necessary to enter the Contest. If it is discovered by the Sponsor (defined below) (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; and/or (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Sponsor) the Form is not fully completed with all required information and submitted and received in accordance with these Rules during the Contest Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete, illegible or incompatible Entries (all of which are void). All entrants and Entries 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 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 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 Contest server machine(s). 2.
CONTEST ELIGIBILITY: The Contest is open to Canadian residents who have reached the legal age of majority in their province/territory of residence, and excludes all employees (current and retired) of Hyundai Auto Canada Corp. (the “Sponsor”), Match
Media Group, their respective advertising and promotional agencies (including without limitation The Colony Project LP), the independent contest organization, Hyundai dealers, and the parents, subsidiaries, affiliates, representatives and agents of each of the aforementioned parties (collectively, the “Contest Parties”), and each member of any such employee’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the employee or not). In these Rules, “immediate family” means mother, father, brothers, sisters, sons, daughters, partner or spouse. 3.
CONTEST CLOSE DATE: Without limiting the generality of the foregoing, to be eligible, Entries must be received during the Contest Period and before March 18, 2018 at 11:59pm (PT) (the “Contest Close Date”). In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the e-mail address submitted as part of the Entry in question. An “authorized account holder” is the natural person who is assigned to an e-mail address by an internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address in question. An entrant may be required to show proof of being the “authorized account holder” of the e-mail address submitted as part of the Entry in question.
4.
PRIZES DESCRIPTION: There are six (6) prizes available to be won (the “Prizes”). There will be one (1) Prize allocated to each random draw (see section 6 for details). The number of Prizes available to be won will decrease throughout the Contest as they are awarded in accordance with these Rules. Each Prize consists of three (3) hours of chauffeur service in a (1) Hyundai IONIQ (the “Vehicle”) and a $200 CAD monetary gift card (the gift card is subject to the terms and conditions of the issuer). The total approximate retail value of each Prize is $700 CAD. 5. PRIZE TERMS AND CONDITION: The following terms and conditions apply to the Prizes: (i) the Prizes must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and
absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) Sponsor reserves the right at any time to substitute any of the Prizes (or any component thereof) for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (iv) all characteristics and features of the Vehicle (including without limitation, colour and other specifics), except as otherwise explicitly described above, will be at the sole and absolute discretion of the Sponsor and subject to availability; (v) the Vehicle must be used on a day that must occur within thirty (30) days of confirmation of the applicable winner (otherwise the Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (vi) upon notification, the confirmed winner will be required to: (a) confirm a pick-up and drop-off location (the “Pick-up and Drop-off Location”), which must be within a 100 km radius from a Canadian city (as determined by the Sponsor in its sole and absolute discretion); (b) confirm a date and time for the chauffeur service; and (c) present adequate personal identification (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification); (vii) the confirmed winner is solely responsible for all expenses that are not included in the Prize description above and must at all times comply with the chauffeur service terms and conditions; (viii) the Sponsor reserves the right at any time to place reasonable restrictions on the availability or use of the Vehicle; and (ix) the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) will not be in any way responsible in connection with any damage or injury (directly or indirectly) related to the Vehicle (including without limitation injury, death or property damage that may occur in connection with its use or misuse). 6.
WINNER SELECTION AND CONFIRMATION PROCESS: On each of the dates listed in the table below (each, a “Draw Date”) in Toronto, Ontario at 10:00 a.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules prior to the corresponding Entry Deadline (see
section 1 for details) and each such selected entrant will be deemed a potential Prize winner.
Random Draw Draw Date 1
October 10, 2017
2
November 7, 2017
3
December 12, 2017
4
January 9, 2018
5
February 13, 2018
6
March 20, 2018
For greater certainty and the avoidance of doubt, unselected Entries in any given random draw will carry over into any subsequent random draw(s). The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules prior to the applicable Entry Deadline.
The Sponsor or its designated
representative will make a minimum of three (3) attempts to contact each potential Prize winner (using the information provided on the Form) within two (2) business days of the applicable Draw Date. If a potential Prize winner cannot be contacted within three (3) business days of the applicable Draw 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 a Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate potential Prize winner from among the remaining eligible Entries submitted and received in accordance with these Rules prior to the applicable Entry Deadline (in which case the foregoing provisions of this section shall apply to such new potential Prize winner).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each potential Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within three (3) 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 Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein, his/her participation in the Prize or any portion thereof (including without limitation any and all liability in connection with the use or misuse of the Vehicle); (iv) agrees to indemnify and hold harmless the Released Parties against any and all claims based on the use or misuse of the Vehicle or any other cause of action in any way related to the Vehicle; (v) agrees to the publication, reproduction, display, reproduction, public performance, modification 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, worldwide and in perpetuity in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet.
If a potential Prize
winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate potential Prize winner from among the remaining eligible Entries submitted and received in accordance with these Rules prior to the applicable Entry Deadline (in which case the foregoing provisions of this section shall apply to such new potential Prize winner).
7. GENERAL CONDITIONS: The decisions of the Sponsor in relation to this Contest are final and binding. Entries are subject to verification and the Sponsor reserves the right to disqualify a person if he/she enters this Contest or tries to do so by any means contrary to these Rules or which would be unfair to other entrants or where Entries are generated by any unauthorized mechanical or automated means. Entry materials that have been tampered with, reproduced, falsified or altered are void. Any attempt to undermine the legitimate operation of this Contest is a violation of law and may be subject to remedies and damages, including criminal prosecution. This Contest is subject to all federal, provincial and municipal laws of Canada. This Contest is void where prohibited. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the French version of these Rules, the Form, Sites and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. 8.
PUBLICITY: By entering the Contest, each entrant agrees to be bound by these Rules and the decisions of the Sponsor and/or independent contest organization, and consents to the use of his or her name, address (city and province), photograph, image and/or voice without payment or compensation, in connection with any publicity or advertising in any medium carried out by or on behalf of the Sponsor with respect to this Contest. All Entries become the property of the Sponsor and will not be returned. 9. MODIFICATION OR TERMINATION: The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to cancel, terminate, modify or amend the Rules or the administration of this Contest, or to suspend this Contest in whole or in part, at any time and in any way, without prior notice with no obligation or liability. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as planned, whether due to technical failure, computer virus, tampering, fraud, or corruption of security or proper administration of the Contest
or any other causes beyond the control of the Sponsor, the Sponsor reserves the right the right, subject only to the approval of the Régie, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation. 10.
LIABILITY: The Released Parties shall not be responsible for any injuries, loss or damages of any kind (compensatory, direct, incidental, consequential or otherwise) with respect to, or in any way arising from, this Contest or any Prize awarded, including but not limited to: (i) lost, stolen, not received, destroyed, damaged, misdirected, illegible, incomplete, fraudulent or late Entries, and all such Entries will be void and not eligible; (ii) failure to receive Entries for any reason or technical failures or errors of any kind, including but not limited to incorrect or inaccurate capture or loss of entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omissions, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, servers, software, traffic congestion on the internet or any website, any other online communication problems, or any combination thereof; (iii) seeding or printing or typographical errors in any Contest related material or human error; or (iv) any injury or damage to a participant’s or to any other person’s computer system(s) due to viruses or breaches of privacy from interference by third party computers. Entries that have been tampered with or altered are void. If it is determined that an entrant has entered the Contest in a fashion not sanctioned by these Rules, the entrant will be disqualified and his or her Entry will be disqualified. A Prize winner’s refusal or inability to accept a Prize as awarded shall release the Released Parties from all obligations to that person. In no event shall the Sponsor be held to award more Prizes than the six (6) Prizes that are available to be won compliance with these Rules.
11.
PRIVACY STATEMENT AND USE OF PERSONAL INFORMATION:
By entering this
Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, collecting, storing, sharing and using the personal information submitted with his/her Entry for the purpose of: (i) administering the Contest; (ii) to provide the
entrant with offers, event invitations, product/service information and promotions that may be of interest to him/her; and (iii) conducting marketing data analysis and reports; all in accordance with Sponsor’s privacy policy (available at: www.hyundaicanada.com). On reasonable notice, an entrant may withdraw his/her consent at any time by calling toll free at 1-800-461-8242 (English) or 1-800-461-5695 (French) from 8:30 AM to 5:00 p.m. (ET), Monday through Friday. A full copy of Hyundai’s privacy policy, procedures and legal notices/disclaimers are available at www.hyundaicanada.com. 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. 12.
FOR QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
13.
OFFICIAL CONTEST RULES: These are the Official Contest Rules. Copies of these Official Contest Rules are available online at www.HyundaiUltimateDate.com.
