THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA AND IS GOVERNED BY CANADIAN LAW
1. KEY DATES: The One of A Kind Welding Helmet Contest (the “Contest”) begins on October 15, 2022 at 12:00:00 a.m. Eastern Time (“ET”) and ends on December 31, 2022 at 11:59:59 p.m. ET (the “Contest Period”).
2. ELIGIBILITY TO ENTER: The Contest is open only to residents of Canada who have reached the legal age of majority in their province or 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 Messer Canada Inc. (the “Sponsor”), its affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY THESE 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”).
4. HOW TO OBTAIN AN ENTRY: NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST. To be eligible to earn an entry (an “Entry”), go to www.messercanada.ca/contest (the “Website”) and follow the on-screen instructions to obtain the Entry Form (the “Form”). Fully complete the Form with all required information. Once you have fully completed the Form with all required information and have agreed to the Rules, follow the on-screen instructions to submit your completed Form to be eligible to earn one (1) Entry.
5. 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) obtain more than one (1) Entry; and/or (ii) use multiple names, multiple identities and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then they 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, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed or incomplete Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor the Entry is not submitted and received in accordance with these Rules.
6. VERIFICATION: All Entries 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 and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deem necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of 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 official time-keeping device(s) used by the Sponsor.
7. PRIZE: There will be a total of one (1) Prize (the “Prize”) available to be won in this Contest. The Prize consists of a unique welding helmet that has been hand painted by a local artist. The approximate retail value of the Prize is $3,000 CAD. The welding helmet is an auto-darkening digital welding helmet equipped with a new improved digital ADF suitable for most welding applications. Includes auto darkening filter, external grinding function which allows the user deburring and grinding operations, automatic on/off detection, low battery indicator, and allows the welder to see the point of arc strike more precisely. It is made of High Impact Resistant Nylon (PA) and is lightweight to reduce fatigue. Can be used for most welding applications. Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) 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); (ii) no substitutions are permitted, except at Sponsor’ option; (iii) Sponsor reserves the right at any time to substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’ sole discretion, a cash award; (iv) specifics of the Prize will be at the sole and absolute discretion of the Sponsor and subject to availability; and (v) manufacturer’s standard warranty, if any, applies to the Prize.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should their Prize fail to be fit for its purpose or is in any way unsatisfactory.
8. ELIGIBLE WINNER SELECTION PROCESS: On Friday, January 6, 2022 (the “Selection Date”) in Vaughan, ON at approximately 12:00 p.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. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
9. ELIGIBLE WINNER NOTIFICATION PROCESS: The Sponsor or their designated representative(s) will make a minimum of three (3) attempts to contact the eligible winner within five (5) business days of the Selection Date. If the eligible winner cannot be contacted as outline above, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant in accordance with the applicable procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
10. ELIGIBLE WINNER CONFIRMATION PROCESS: NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRM THEM AS THE WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS A WINNER OR AN ELIGIBLE WINNER. BEFORE BEING DECLARED AS THE CONFIRMED PRIZE WINNER, the eligible 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’ form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’ 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 Sponsor and all of the other Released Parties from any and all liability in connection with this Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, 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 in any manner or medium whatsoever, including print, broadcast or the internet. If the eligible 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 they will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant in accordance with the applicable procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
11. 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 SPONSOR’S INTERPRETATION 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 the Website or any other website or platform during the Contest; (ii) any malfunction(s) or other problem(s) 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 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 result ing 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, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, 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, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. 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, subject only to the approval of the Régie in Quebec, 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. 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.