The “GET CURBALICIOUS WITH LANDSCAPE ONTARIO COURTESY OF RE/MAX” Contest

OFFICIAL RULES for Ontario-Atlantic Region:

Introduction. To enter The “GET CURBALICIOUS WITH LANDSCAPE ONTARIO COURTESY OF RE/MAX” Contest [the “Contest”], participants are required to register by completing an online ballot form residing at www.FitToSell.ca or www.FitToBuy.ca or enter via any of the interactive kiosks/iPads located at any of the consumer Show’s RE/MAX is participating in.

Timing. The Contest begins 12:01 a.m. Eastern Standard Time [“EST”] on January 30, 2013 and ends 11:59 p.m. EST on April 8, 2013.

Eligibility. The Contest is open to legal residents of Ontario, who are nineteen [19] years of age and older at the time of entry. Employees, officers and directors of RE/MAX Ontario-Atlantic Inc., Mouse Marketing Inc., Landscape Ontario, MarketPlace Events, Canada Blooms [the Contest Sponsors] their respective partners, subsidiaries, contractors and agents, or any person who is domiciled with any of the foregoing persons are not eligible. Their immediate family members, defined as parents, spouses, children, siblings, grandparents and household members are not eligible. By participating in and/or receiving a prize, registrants agree to abide by these Official Rules and decisions of the Sponsors, which are final and binding in all respects. Void in Quebec and where prohibited by law. No purchase necessary. One (1) entry per person.

How to Enter. During the Contest Period, consumers who register at www.FitToSell.ca or www.FitToBuy.ca  or enter via any of the interactive kiosks/iPads located at any of the consumer Show’s RE/MAX is participating in are eligible. There is no fee for registering.

Winner Selection. On April 17, 2013 the Sponsors will randomly select one [1] potential Grand Prize winner from all eligible entries. The selected entrant will be contacted by phone and/or email within two [2] days of the draw. If a selected entrant cannot be contacted after three [3] attempts, he or she forfeits the prize and another entrant may, at the sole discretion of the Contest Sponsors, be selected. The odds of winning depend on the number of eligible entries.

Requirements of Potential Prize Winners. Potential prize winners will be notified by phone and/or email. Except where prohibited, potential prize winners must return to the Sponsor, within ten [10] days of being notified, a Declaration of Compliance [“Declaration”] to claim his/her prize. If the potential winner cannot be contacted, or fails to sign and return the Declaration within ten [10] days he/she forfeits the prize. In the event a potential prize winner is disqualified for any reason, the Sponsors will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Potential winners will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize or the prize will be forfeited. Winner must confirm prize fulfillment plans with agreed to members of Landscape Ontario by November 1st, 2013.

Prizing.

The following will be awarded to the Grand Prize Winner: 

1. Consultation and Custom Design for Winner – Value $7,000
2. Customized article on curb appeal related to winner’s property  - Presentation of a personalized planters guide with specific plant material to guide Homeowner Blueprint Plan  – Value $2,000
3. Gardeners Care package – Pruners, Books, Tools, Fertilizer, etc.  – Value $1,000
4. $10,000 product and service prize provided to Grand Prize Winner with financial credits provided to purchase goods and services through preferred members of Landscape Ontario to execute the presented Custom Design Plan. No Cash Value
   

Winner will be responsible for all federal, provincial and local taxes and other fees associated with prize receipt and use. No substitution, assignment or transfer of prizes will be permitted, except by the Sponsors, who reserve the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Prizes must be accepted as awarded and are not redeemable for cash, except at the sole discretion of the Contest Sponsors.

Publicity. Except where prohibited, participation in the Contest constitutes the winner’s consent to the Sponsors’ use of the winner’s name, likeness, hometown, province and country for promotional purposes in media without further payment or consideration.

General Conditions. Sponsors reserve the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond their reasonable control impairs the integrity of the Contest, as determined by the Sponsors in their sole discretion. In such an event, the Sponsors reserve the right to award the prize at random from among eligible entries received up to the time of impairment. Sponsors reserve the right, in their sole discretion; to disqualify any individual they find to be tampering with the entry process or the operation of this or any other contest or to be acting in violation of these Official Rules or any other contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage the Sponsors’ web sites or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws and, should such and attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

Release. By receipt of any prize, the winner agrees to release and hold harmless Sponsors and their respective related companies, franchisees, and each of their respective officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use or misuse of any prize.

Limitations of Liability. By participating in this Contest, entrants hereby release Sponsors and promoters from any claims from: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Contest; (5) electronic or human error which may occur in the administration of the Contest or the processing of entries; (6) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from the entrant’s participation in the Contest or from downloading any material from the Sponsors’ web sites, regardless of whether the material was prepared by the Sponsors or any third party, and regardless of whether the material is connected to the Sponsors’ web sites by hypertext link. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Prize drawing. If it is not possible to award another entry due to discontinuance of the Contest, or any part of it, Sponsors, in their sole discretion, may elect to hold a random draw from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed. Sponsors reserve the right to award only the stated number of prizes by random drawing among legitimate, un-awarded, eligible prize claims.

Disputes/Choice of Law. Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by provincial court situated in Toronto, Ontario, Canada; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded [collectively, “Special Damages”], and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest shall be governed by, and construed in accordance with, the Laws of the Province of Ontario, Canada without giving effect to any choice of law or conflict of law rules [whether of the Province of Ontario or any other jurisdiction], which would cause the application of the laws of any other jurisdiction other than the Province of Ontario, Canada.

Data Collection/Opt-in Database. Personal information collected when you enter the Contest is subject to the privacy policies located on www.remax.ca.  By agreeing to the contest Terms & Conditions on the interactive touch-screen/iPad, our participating partners, Canada Blooms, Mouse Marketing, MarketPlace Events, Landscape Ontario and RE/MAX reserve the rights to send future promotional offers to participates who select and indicate interest in their products.  

Winner List. Winners will be posted at www.FitToSell.ca and www.FitToBuy.ca upon completion of the Contest.

Like A Hawke, 

Susan 

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