OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.
The Photography & Adventure Giveaway (the “Contest”) begins on November 4th, 2021 at 11:00 am Eastern Time (“ET”) / November 5th, 2021 at 1:00 am Australian Eastern Standard (“AEST”) and ends on November 15th, 2021 at 11:00 am ET / November 16th, 2021 at 2:00 am Australian Eastern Standard AEST (the “Contest Period”).
ELIGIBILITY TO ENTER:
The Contest is open only to residents of Canada (excluding Quebec), the 50 United States and Washington D.C., and Australia who are eighteen (18) years of age or older (or have reached the legal age of majority in their jurisdiction of residence) at the time of entry. Employees (and those with whom such persons are living, whether related or not) of Quark Expeditions Inc. (the “Sponsor”) its parent companies, subsidiaries, affiliates, representatives, agents, distributors, 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”) are not eligible to enter. Void where prohibited by law.
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 Official Rules and Regulations (the “Rules”).
HOW TO ENTER:
During the Contest Period, you can enter the Contest by: (i) visiting https://kingsumo.com/g/vv59c1/photography-adventure-giveaway-by-quark-expeditions; and (ii) following all on-screen instructions presented to sign-up to receive newsletter email communications from the Sponsor regarding its news, services and promotions (Note: after signing-up, you may withdraw your consent to receive such email communications without impacting your chances of winning in the Contest). 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.
When all required steps of the entry process are complete, you will automatically be eligible to earn one (1) entry (an “Entry”) in the Contest. To be eligible, all content 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; and (ii) be in compliance with these Rules, including, but not limited to, the Participation Requirements listed below (all as determined by Sponsor in its sole and absolute discretion). 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).
ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person. 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) exceed any of the entry limits stated in these Rules; (ii) use multiple names, identities, e-mail addresses, accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest; and/or (iii) disrupt or participate in the Contest in any other fraudulent or misleading way, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, officers, 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 Entry Materials (all of which are void). Entry Materials will be rejected (and for certainty, an Entry will not be earned) if, in the sole and absolute discretion of the Sponsor: (i) the Entry Materials are not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials are not in compliance with these Rules (including, but not limited to, the Participation Requirements listed below), all as determined by Sponsor in its sole and absolute discretion.
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 entrant’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 the Contest will be the official time-keeping device(s) used by the Sponsor.
BY ENTERING, YOU AGREE THAT YOUR ENTRY AND ENTRY MATERIALS COMPLY WITH ALL CONDITIONS STATED IN THESE RULES. BY ENTERING, YOU ALSO AGREE TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTEST AND YOUR PARTICIPATION THEREIN AND TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM YOUR PARTICIPATION IN THE CONTEST. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY MATERIALS; (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY TAX LIABILITIES AND USE OR MISUSE OF THE PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.
There will be six (6) Prize(s) (the “Prize(s)”) available to be won, as follows:
Prize Description & Approximate Retail Value
- Book - Babak Tafreshi: The World at Night ($80 CAD/ $65 USD/ $86 AUD.)
- Book - David Baron: American Eclipse: A Nation's Epic Race to Catch the Shadow of the Moon and Win the Glory of the World ($18 CAD/ $15 USD/ $20 AUD.)
- Book - Fred Espenak: Totality: The Great American Eclipses of 2017 and 2024 Illustrated Edition ($37 CAD/ $30 USD/ $40 AUD.)
- Dry Isolation Pack 18L ($74 CAD/ $60 USD/ $80 AUD.)
- Men's PL 150 Sensor Gloves ($37 CAD/ $30 USD/ $40 AUD.)
- Binoculars 10x42 H2O ($185 CAD/ $150 USD/ $200 AUD.)
Total prize pool value is $433 CAD/ $350 USD/ $465 AUD.
IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH UTILIZING A PRIZE WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE APPLICABLE WINNER. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH UTILIZING A PRIZE OR OTHERWISE. A Prize 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). No substitutions are permitted, 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, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award). All characteristics and features of a Prize, except as otherwise explicitly stated above, are at the Sponsor’s sole and absolute discretion. A Prize winner is solely responsible for reporting and paying any tax that may be payable in connection with his/her Prize (if any). Approximate retail value above is based on the conversion rates at the time of preparing these Rules and any difference in rates or values at time of Prize awarding shall not be provided. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, a confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. FOR US WINNERS ONLY: Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification).
In no event will the Sponsor be liable to award more than the number of Prizes as provided in these Rules.
ELIGIBLE WINNER SELECTION PROCESS:
On November 15th, 2021 in Toronto, Ontario at approximately 12:00 p.m. ET, the Sponsor will perform a random draw from among all eligible Entries submitted and received in accordance with these Rules during the Contest Period to select the Prize winner(s). The first (1) valid Entry/Entries drawn will be eligible to win the Prize(s) set out in Section 8 above. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period. Prize(s) will be awarded in descending order of value. The Sponsor’s decision is final and no correspondence will be entered into.
ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact the potential winner(s) via email within five (5) business days of the draw as set out above. A potential winner is solely responsible for ensuring he/she is able to receive notification messages, monitoring for such notification messages and following all instructions contained in such notification messages. Winners that are Australian residents will also have their names published online as set out below.
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, if the potential winner is a resident of Canada, he/she will be required to 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, in the Sponsor’s form of declaration and release, or by telephone). By accepting a Prize, a winner: (i) confirms that he/she has read, understood and is in compliance with these Rules; (ii) grants all consents required, and authorizes the Sponsor to broadcast, publish, disseminate and otherwise use his/her name, city/town/village and jurisdiction of residence and any other likeness, in connection with any promotion and/or publicity at no additional compensation beyond the awarding of or participation in the Prize, in any type of media worldwide and in perpetuity; (iii) accepts the applicable Prize as awarded; (iv) 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; and (v) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials or any portion thereof. IMPORTANT NOTE: The Sponsor may require, in its sole and absolute discretion, that an eligible winner sign and return the Sponsor’s form of declaration and release prior to being confirmed as a winner.
If a potential winner: (a) is a Canadian resident and fails to correctly answer the skill-testing question; (b) cannot be contacted, as set out above or fails to respond within the specified time; (c) as applicable, fails to return the Sponsor’s form of declaration and release within the specified time; (c) cannot accept (or is unwilling to accept) the applicable 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 will be disqualified (and will forfeit all rights to the applicable Prize).
A draw for the Prize(s), if unclaimed by any Australian winner(s), may take place on November 29th, 2021 at the same time and place as the original draw for Australian residents, subject to any directions from a regulatory authority. The winner(s) (if any) will be notified by email and their names will be published online as set out below.
This Contest is subject to all applicable federal, local 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 or 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, direct message 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; (iv) any injury or damage to an entrant’s or any other person’s computer 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.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever, subject to the written directions of any regulatory authority. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever (including without limitation, as may be required due to health risks or governmental restrictions, such as those that may be implemented to mitigate COVID-19 transmission). Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason, subject to the written directions of any regulatory authority.
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.
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, any 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.
Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under any similar consumer protection laws in the States and Territories of Australia, Canada and the Unites States (“Non-Excludable Guarantees”).
For Canadian and Australian Residents: 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, as well as the laws of the States/Territories of Australia, where applicable to Australian residents, 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 the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest, excluding Australian residents who submit to the exclusive jurisdiction of the State/Territory of Australia in which they are located.
For US residents: 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 State of New York and the federal laws of the United States 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 the exclusive jurisdiction and venue of the courts located in New York, NY in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
Winners: Winners that are Australian residents will have their names published online at https://www.quarkexpeditions.com/contest/photography-adventure-giveaway-2021/winners from December 6th, 2021. For the name and address of United States prize winner(s), send an email with the subject line of “Winner Inquiry – The Photography & Adventure Giveaway” to [email protected] (requests for the Winner’s List must be received within ninety (90) days following the end of the Contest Period).
Sponsor: Quark Expeditions Inc., 112 Merton St, 4th Floor, Toronto, ON, M4S 2Z8.