Overview of contest law in canada contest rules template I official rules for



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SESSION 810
Advanced Sweepstakes and Contests


2015 ACC HANDOUT MATERIALS


US
CONTEST RULES TEMPLATE I
CONTEST RULES TEMPLATE II
SWEEPSTAKES LONG AND SHORT FORM TEMPLATE
RAFFLE TERMS AND CONDITIONS
CANADA
OVERVIEW OF CONTEST LAW IN CANADA


CONTEST RULES TEMPLATE I
OFFICIAL RULES FOR [ ] CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WINA PURCHASE

WILL NOT INCREASE YOUR CHANCE OF WINNING


1. Promotion Description: The [ ] Contest (the “Contest”) begins on [ ] a.m. Eastern Daylight Time (“EDT”) and the period for entering the Contest ends on [ ] p.m. EDT (the “Entry Period”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of [ ] (“Sponsor”) which shall be final and binding in all respects. Entrants will be classified into one of four categories based on [ ]. The designation of category will be determined by solely [ ]. Following the end of the Entry Period, the judging will proceed in [ ] phases. In the first phase [DESCRIBE JUDGING]. Category Winners will be notified by email and announced online by [ ]. Each of the Category Winners will receive a Prize consisting of [ ]. The Category Winner receiving the highest total score awarded by the panel of judges will win the Grand Prize, consisting of an additional payment of [ ].
2. Eligibility: Only individuals over the age of eighteen (18) years as of [ ] who are residing and located in a jurisdiction where the contest is lawful are eligible to enter. The Contest is void where prohibited.
3. How to Enter: Participants must [ ] (the “Site”), during the Entry Period and follow the onscreen instructions. Participants must [DESCRIBE]

By submitting an entry, you confirm that you have the right, including any required permission of individuals depicted in the video, to publicly perform or display the video. You also confirm that you have the right to include in your video, and to publicly perform or display, any music accompaniment in the video.


All entries must be received during the Entry Period to be eligible. Sponsor is not responsible for late, lost, or misdirected entries that are not received in a timely manner, or are lost due to computer or electronic malfunction or other error, or due to inaccessibility of the Internet or portions thereof.
4. Additional Rules Relating to the Submission of [ ]: By submitting any [ ] to the Contest, Participants hereby grant to Sponsor and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted [ ] in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Sponsor include but is not limited to the right to censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted [ ].
In addition, by submitting any video to the Contest, Participants hereby represent and warrant that the submitted [ ] or information does not and shall not infringe on any copyright or other right of any third party, and Participant has the right to grant any and all rights and licenses granted to Sponsor herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. Sponsor may, but shall have no obligation to, post, display or otherwise make publicly available any content submitted by you, and may in its sole and unfettered discretion, remove, edit, modify or delete any portion of the [ ] or information that you submit to the Contest.
5. Privacy: Information provided to enter the Contest will not be sold to third parties but may be shared as may be necessary for the purposes of conducting and judging the Contest and awarding prizes. The Sponsor, its affiliates, and companies supplying prizes (or parts thereof) in connection with this Contest may from time to time contact entrants via email concerning the Contest, and each entrant consents to receiving such communications via email.
By submitting any [ ] to the Contest, the entrant acknowledges and agrees that any content submitted may be made available for viewing, voting and comment on by the public, and understands that comments with which the entrant disagrees or is unhappy about may be published or otherwise become associated with any submitted video. Entrants hereby waive any privacy expectations that they may have with respect to any video submitted to the Contest.
6. Automated Entries Prohibited: No mechanically reproduced, incomplete, forged, software generated or automated multiple entries will be accepted.
7. Winner Selection: DESCRIBE

8. Prize Details:



Category Winners: Each of the Category Winners will receive [ ]. Grand Prize Winner: The Category Winner receiving the highest total score awarded by the panel of judges will win the Grand Prize, consisting of an additional payment of [ ].
9. General Prize Conditions: Potential Winners will be required to execute an Affidavit of Eligibility, Release of Liability and Prize Acceptance Form (collectively, the “Prize Claim Documents”). If a Winner fails or refuses to sign and return the Prize Claim Documents within three (3) days of prize notification, the Winner may be disqualified. Prizes are not transferable and not assignable. No substitutions of prizes will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable or greater value in the event a prize or any portion thereof becomes unavailable for any reason. Winners shall be solely responsible for all taxes and fees or costs associated with any prize, including but not limited to any federal or state or other income tax, ground transportation (except as expressly stated above), meals (except as expressly stated above), gratuities, personal expenses and any other expenses not expressly specified herein.
10. Limitations of Liability The Sponsor assumes no liability, and shall not be liable, for typographical or other errors in the offer or administration of the Contest including, without limitation, errors in the printing or display of the offer and official rules, selection, notification and announcement of the Category Winners or Grand Prize Winner, or distribution of the prizes. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by internet users or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any systems associated with the Contest.
11. Release: Acceptance of a prize constitutes the prize winner’s permission for Sponsor to use prize winner’s name and likeness for advertising and/or promotional purposes worldwide and in all forms of media in perpetuity without further compensation or authorization. Participants agree that Sponsor and its affiliates, and their officers, employees, agents and representatives (collectively, the Sponsoring Entities”), shall not be responsible for any losses, damages or injuries of any kind resulting from participation in the Contest or from Participants’ acceptance, receipt, possession and/or use or misuse of any prize. Participants also agree that the Sponsoring entities have not made and shall not in any manner be liable for any warranty, guarantee, or representation, whether express or implied, with respect to any prize, including without limitation, the prize’s quality or fitness for a particular purpose. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Site, to be acting in violation of these Official Rules, or who otherwise takes actions that do or are intended to disrupt or undermine the legitimate operation of the Contest. Sponsor also reserves the right in its sole discretion to disqualify any entry containing any obscene, offensive or otherwise inappropriate comments or other matter.
12. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed and construed in accordance with the internal laws of the State of New York without regard to the choice of law provisions thereof.
13. Name of Winner: For the name of winners, refer to [ ] or send, within six months from the end of the Entry Period, a self-addressed, stamped envelope to: [name and address]. Washington and Vermont residents may omit return postage.
CONTEST RULES TEMPLATE II
CONTEST RULES
The [name of contest] is a volunteer-based fundraising program conducted by [Sponsors’ names] to benefit [benefitting Charity]. These Rules apply to all participants. The Sponsors shall make all determinations as to whether the Rules have been complied with, and the decision of the Sponsors as to any issue is final.
Sponsors: ____________ and ______________ are Sponsors of this Contest.
Eligibility: No purchase is necessary to participate in the Contest and participants must be 18 years of age or older. The Contest is open to residents of the 50 United States and United States Territories. Employees of [Sponsors’ names] and their immediate family are not eligible to win.
“Immediate Family” is defined as the spouse, parents, in-laws, children, siblings, and grandchildren (including step-children and step-grandchildren, and adopted children and grandchildren), of the employee and his/her spouse; individuals for whom an employee is the legal guardian; and individuals who are not legally related to, but who reside with, an employee.
Entry: You will be entered to win by registering to raise funds through a [enter fundraising mechanism/platforrm] at [enter website] and obtaining donations from donors through [fundraising page/event] as well as check or money order donations sent via mail along with a “Check Submission Form” to [address and ATTN: ____].
Time: For purposes of determining which registrants will be entered in the contest, participants will be counted only if they register to raise funds between 12:01 am Central Time on [date] and 11:59 pm Central Time on [date]. All funds must be received by Sponsors no later than 5:00 pm Central Time on [date]. The winner will be determined and notified no later than 6:00 pm Central Time on [date].
Prize: The prize consists of (a) round-trip air travel for [#of people] from any point of origin in the continental United States to [destination] to visit attractions in the area including [sample attractions] (b) hotel accommodations ([# of rooms]) for [number of] nights; (c) complimentary ground transportation to and from the airport and accomodations; and (d) $[amount] toward meals and incidentals while in [destination]. Arrangements for air travel, hotel reservations, and ground transportation will be made by Sponsors on behalf of the Winner and [# of] companions. The traveling companions must be at least 18 years of age or the Immediate Family of the Winner. If the Winner and/or the traveling companions live less than 150 miles from [destination], Sponsors may, in their sole discretion, arrange for an alternate form of transportation to and from [destination].
The estimated fair market value of the prize is $[amount]. However, the actual value may be more or less than this amount.
Determination of Winner: There will be one winner (“the Winner”) of the contest. The Winner will be the participant who raises the most funds in accordance with the giving procedure outlined above. The Winner will be notified by telephone or e-mail, and subsequently announced to the public. The selection of the Winner by Sponsors is final and binding on all participants.
Dates of Travel: The dates of travel, and the nature and all details of the visit, will be determined by a representative of Sponsors and the Winner.
Should the Winner choose to not accept the trip, or be unable to travel to at a time mutually agreeable to the Winner and the Sponsors, there is no cash option and the prize will be forfeited.
The prize is not transferable.
Winner’s responsibilities: The Winner and any companions are responsible for transportation to and from their homes and the departure airport or other transportation terminal (if any), checked baggage and other additional fees charged by the airline, ground transportation in and around [destination] (other than to and from the airport and accommodations), ancillary hotel expenses, and all other expenses incurred in connection with their travel or their stay in the [destination] area other than as included in the prize described above.
Taxes: The value of the prize is includible in the Winner’s income. Sponsors are required to report the actual value of the prize to the Internal Revenue Service. The Winner agrees to provide his or her valid name, address, and Social Security number to Sponsors for tax reporting purposes. The Winner is responsible for paying all federal, state, and local income and other applicable taxes that are due in connection with receipt of the prize.

Additional Agreements: The Winner and any traveling companions will be required to execute a Winner’s Agreement with Sponsors as a condition of accepting the prize. The agreement includes releases of liability in favor of Sponsors.
Consent to Publicity. By entering the Contest, the Winner consents to Sponsors’ use of his or her name and/or photograph in any publicity, publications, promotional and marketing material, advertising, and any other print materials, web pages, electronic or other communications published or distributed by Sponsors, and to sign a separate agreement to this effect.
Miscellaneous Conditions: In the event that the operation or administration of the Contest is impaired or prevented in any way for any reason, including, but not limited to fraud, change of condition, or other technical problems, the Sponsors may in their sole discretion, either: (a) terminate the Contest; (b) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Rules; and/or (c) substitute other prizes for any prize set forth in these Rules that becomes unavailable for any reason. The Sponsors reserve the right in their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Contest or acting in violation of these Rules.
The determinations of Sponsors are final and binding with respect to any matter arising out of the interpretation or application of these terms and conditions.
For a confirmation of the winner, send a hand-written, self-addressed, stamped envelope to [address and ATTN: ___________].Requests for a confirmation of the winner must be received by [date].

SWEEPSTAKES LONG AND SHORT FORM TEMPLATE

SWEEPSTAKES – LONG FORM OFFICIAL RULES TEMPLATE

Travel Giveaway Official Rules

NO PURCHASE OR DONATION NECESSARY. VOID WHERE PROHIBITED. A PURCHASE OR DONATION WILL NOT INCREASE YOUR LIKELIHOOD OF WINNING. THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARDS.

  1. Introduction: [Name of Sweepstakes] ("Sweepstakes") is sponsored by [Sponsor and Sponsor’s Address] ("Sponsor"). Sweepstakes is offered in cooperation with [benefitting charity] through the [Sponsor] website announcing many different prizes. The Promoter for the Sweepstakes is [Vendor] (“Promoter”), [Vendor address]. Winners will be selected in a random drawing from among all entries received across all individual Sweepstakes. The prize for which an entrant is eligible depends on Sweepstakes entered. All applicable federal, state, provincial, municipal, territorial and local laws and regulations apply.



  1. Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.



  1. Timing: The Sweepstakes begins on [start date] at 12:00 a.m. Eastern Time ("ET") and ends on [end date] at 11:59 p.m. ET ("Promotion Period"). Promoter’s computer is the official time-keeping device for this Promotion.



  1. Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years of age or older. Void where prohibited or restricted by law. Residents of Puerto Rico are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.



  1. How to Enter: During the Promotion Period, visit [WEBSITE], and follow the links and instructions to complete and submit the entry, including a valid home address. P.O. Boxes are not permitted. You will receive one (1) entry into the Sweepstakes. There is a limit of one (1) entry per person per prize per day until the Promotion Period expires. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entry and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.



  1. Alternative Method of Entry: You may also enter each Sweepstakes here [LINK TO AMOE FORM] during the Promotion Period. There is no donation required to enter each Sweepstakes. Limit of one (1) entry per person per prize per day until the Promotion Period expires.

  2. Drawing: After the Entry Period, Sponsor will select one (1) potential winner per prize in a random drawing of all entries received during the Promotion Period. The odds of being selected depend on the number of entries received.

  3. Notification and Requirements of Potential Winners: Sponsor will notify the winner by email with instructions on how to claim the prize. If a potential winner does not respond and comply with the instructions in the direct message within three (3) days after Sponsor sent the direct message, the winner will forfeit the prize and Sponsor may award the prize to an alternate entrant. Only three (3) alternate entrants will

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