TOYS “R” US (CANADA) LTD.
THE PARENTS’ NIGHT OUT CONTEST RULES & REGULATIONS
1. Contest Period: The Toys “R” Us The Parents’ Night Out Contest (the “Contest”) begins on May 3rd, 2019 at 11:00 AM Eastern Standard Time and ends on May 24th, 2019 at 11:59 PM Eastern Standard Time (the “Contest Period”).
2. Eligibility: There is a strict limit of one (1) entry per person. Entries received from any person in excess of the stated limitation will be void. The Contest is open only to individuals who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry; and (ii) reside in Canada at the date of entry; except employees, representatives or agents of Toys “R” Us (Canada) Ltd. (“TRU” or the “Sponsor”), its affiliates, its subsidiaries, its agents, its representatives, 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”), and any immediate family members of any of the Contest Parties or persons with whom they are domiciled (whether related or not). For the purposes of these Official Rules, “immediate family members” means parents, siblings and spouses. This Contest is subject to all Federal, Provincial/Territorial and Municipal Laws and Regulations.
3. Entry Method: You must be or become an “R” Club member or a Baby Registrant to enter the Contest. Becoming an “R” Club member or Baby Registrant is free of charge. Sign up on http://www.toysrus.ca/shop/index.jsp?categoryId=132348346 to become an “R” Club Member or sign in to your “R” Club account. Alternatively, create a Baby Registry on http://www.toysrus.ca/shop/index.jsp?categoryId=130607586. If you are already a member or Baby Registrant, click on the link for The Parents’ Night Out Contest. Complete all required fields on the entry form and click “submit.” You can submit a maximum of one (1) entry. A total of five (5) eligible entries will be selected by random draw as the eligible prize winners (the “Prize Winners”).
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING.
Although internet access and an “R” Club account are required to enter the Contest, many public libraries and retail businesses offer free access to computers, and a number of companies offer free email accounts.
4. Prize: There are five (5) Parents’ Night Out prize packs (the “Prize”) available to be won during the Contest Period. The Prize will be awarded to 5 Prize Winners and their guests (for a total of 10 people). The Prize consists of: (i) round trip economy air transportation (via Air Canada) for the Contest Winner and one (1) Guest (collectively, the “Travellers”) from the international airport within Canada closest to the winner’s residence (as determined in the sole discretion of the Contest Sponsor) to Toronto departing July 19, 2019 and returning July 21, 2019. Exact travel times to be determined by the Contest Sponsor; (ii) airport pickup and drop off provided by Global Alliance (add on meet and greet service is available upon request for an additional fee); (iii) accommodation for two (2) persons for two (2) nights in The Broadview Hotel - 106 Broadview Ave, Toronto, Ontario or another hotel selected by Sponsor in its sole and absolute discretion; (iv) one (1) 4-course dining experience with Chef Lynn Crawford (includes prix fixe menu, red and white wine, bottles of sparking or flat water, unlimited non-alcoholic beverage of pop, juice, coffee and tea) from 6:30 – 9:30pm on July 20 at Ruby Watchco – 730 Queen St E, Toronto, Ontario.
Prize has a total approximate retail value of $3,330 CAD per Prize – although the actual retail value may vary depending on the point of departure.
Under no circumstances whatsoever will: (i) any difference between the actual and approximate retail values be awarded; or (ii) the actual value of the flights and hotel accommodation exceed $3,330 CAD per Prize. Choice of transportation, hotel accommodations (including, without limitation, room size and occupancy) and all other aspects of the Prize are at the sole and absolute discretion of the Sponsor.
Travel must take place from July 19 –21, 2019 and must be reserved at least thirty (30) days in advance of departure.
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 and/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’s option; (iii) all travel related to the Prize must occur within and/or on or before the date or dates specified by the Sponsor (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); (iv) the confirmed Prize Winner and his/her Guest must travel on the same itinerary as set by the Sponsor and must have all necessary documentation required to permit travel; (v) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed Prize Winner and his/her Guest - including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed Prize Winner and his/her Guest to and from the Canadian departure location selected by the Sponsor; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed Prize Winner and/or his/her Guest may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (vi) if the confirmed Prize Winner and/or his/her Guest do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) 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’s sole discretion, a cash award; (viii) all travel arrangements relating to the Prize must be made through the Sponsor or its designated agents; and (ix) by accepting the Prize, the confirmed Prize Winner agrees to waive all recourse against the Released Parties (as defined below) if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
Guest Requirements: The confirmed Prize Winner’s Guest must be of the legal age of majority in his/her jurisdiction of residence.
The Contest Parties and their respective affiliates and subsidiaries and each of their respective officers, agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for any such delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Prize. Neither the confirmed Prize Winner, nor his/her Guest, nor any other person or entity will be compensated in the event of any such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to flights and or passenger names are not accepted once bookings have been confirmed.
By participating in this Contest, each participant agrees that the Released Parties are not responsible or liable for any injury, loss, illness, litigation or damage that may occur from participation in the Contest or acceptance, possession, use or misuse of the Prize or any portion thereof. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Sponsor or any of the other the entities 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, 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 Official Rules or relating to this Contest. The Contest Sponsor and prize supplier(s) have the right, in their absolute discretion, to disqualify and/or remove any Traveller from any activity at any time if such individual is at any point uncooperative, disruptive, abusive, or unobservant of applicable rules, laws or regulations, or if such individual is likely to cause or has caused damage to person, property, or the reputation of the Contest Sponsor and/or prize supplier(s), as determined in the absolute discretion of the Contest Sponsor and/or prize supplier(s), as applicable.) Any unused portion of the prize, once awarded, will be deemed forfeited by the applicable winner, and no financial compensation will be made or required in respect of such unused portion. Prize will not be replaced if lost, destroyed, mutilated or stolen. The Contest Sponsor and/or the prize supplier(s) reserve the right, in their absolute discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by the Contest Sponsor and/or the prize supplier(s) for any reason. (e) Once awarded, prize may not be resold or commercially traded in any manner, directly or indirectly, and Toys R Us reserves the right to ban or disqualify any entrant from any contest, including future contests, should it reasonably believe such entrant to have acted or attempted to act in contravention of the foregoing restriction.
Release of Liability, Indemnity: By entering The Parents’ Night Out Contest, the confirmed Prize Winner and Winner’s Guest: (a) agree to remise, release and forever discharge the Contest Sponsor, their respective parent and affiliated companies, any and all other companies associated with the Contest (including prize suppliers and suppliers of materials or services related to the Contest), and all of their respective employees, directors, officers, shareholders, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all actions, causes of action, suits, debts, dues, accounts, claims, damages or liability for any loss, harm, damages, costs or expenses, including, without limitation, costs or losses related to personal injuries, death, damage to, loss or destruction of property, and rights of publicity, personality, privacy and/or intellectual property (each, a “Claim”) arising out of, or in any way related to, your participation in the Contest and/or the awarding, receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), or any travel or activity that is related to the receipt or use of any Contest prize; and (b) agree to indemnify and hold harmless each of the Releasees from and against any and all Claims arising from (i) your breach of these Official Rules, including the breach of any representations or warranties contained herein, (ii) your participation in the Contest, (iii) your acceptance, possession, use and/or misuse of any Contest prize (or any portion thereof), if applicable, or (iv) the use of any Entry Material in accordance with the rights granted in these Official Rules.
Consent to Publicity: By accepting The Parents’ Night Out Contest prize, if applicable, the confirmed Prize Winner and Winner’s Guest authorize the Contest Sponsor and each of their respective licensees, successors, assigns, agents, representatives and employees the right, licence and permission to record, photograph and/or otherwise capture or document you and/or your likeness, including without limitation your voice and any statements you may make regarding the Contest prize, by any available means, and to use any such recordings, photographs or documents, as well as your image and/or likeness appearing therein, and your biographical information, including your name, city and province/territory of residence, throughout the world and in perpetuity, in all manner and media, whether now known or hereafter devised, for advertising or promotional purposes relating to the Contest (or any substantially similar contest), without limitation and without compensation or additional consideration, notification, or permission of any kind, unless prohibited by law; and you waive any rights that you may have or that may otherwise exist in respect of any materials produced pursuant to the foregoing, including without limitation rights of inspection, approval, compensation, additional consideration or notification, and moral rights.
5. Winner Selection: A random draw for the Prize will take place at the Grip Limited office located at 179 John Street, Toronto, ON M5T 1X4 on May 27th, 2019 at approximately 3:00 PM EST from all eligible entries submitted and received in accordance with these Official Rules.
6. Winner Notification and Confirmation: Chances of winning are solely dependent upon the number of eligible entries submitted and received in accordance with these Official Rules. In order to be confirmed as the Prize Winner, the selected entrant must first correctly answer a time limited, mathematical skill-testing question and sign a written standard release form confirming compliance with these Official Rules, acceptance of Prize awarded and a publicity and liability release. The selected entrant will be notified by email within two (2) business days of the draw. The selected entrant will have twenty- four (24) hours from when the initial contact was made to respond. If the selected entrant: (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; (d) cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; and/or (e) is determined to be in violation of these Official 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 Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible entries submitted and received in accordance with these Official Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). The Prize will be delivered to the address indicated on the prize acceptance form.
7. Further Entry Conditions: Proof of submission of an entry does not constitute proof of receipt of entry by the Sponsor. By entering, entrants acknowledge their compliance with, and agreement to be bound by, these Official Rules and the Sponsor’s decisions relating to this Contest (which shall be final and binding without right of appeal). 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 use multiple names, multiple identities, multiple email addresses, multiple “R” Club accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Official Rules 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.
8. For greater certainty and the avoidance of any doubt, all incidental costs and expenses not specifically referred to herein as part of the Prize description (the “Expenses”) are the sole responsibilities of the confirmed Prize Winner. The confirmed Prize Winner shall not seek reimbursement for the Expenses from TRU, and neither TRU nor any of the other Released Parties shall in any way be responsible for any Expenses. For the avoidance of any doubt, any and all other costs associated with the Prize will be the sole and absolute responsibility of the confirmed Prize Winner. None of the Released Parties, nor any other entity, will be providing any compensation with respect to any costs associated with the Prize.
10. 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 Prize 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 their purpose or are in any way unsatisfactory.
11. 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.
12. 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.
13. 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 any 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 Sponsor’s interpretation of the letter and spirit of these Official 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.
14. NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE CONFIRMED PRIZE WINNER IN ACCORDANCE WITH THESE OFFICIAL RULES, EVEN IF SUCH PERSON IS ANNOUNCED AS A WINNER OR AN ELIGIBLE WINNER.
15. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE OFFICIAL RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
16. The Releasees are not responsible for: (a) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (b) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website; (c) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (d) failures or malfunctions of phones, phone lines or telephone systems, any error, omission, interruption, defect or delay in transmission, processing, or communication; (e) non-delivered, misdirected, blocked, or delayed email notifications; (f) printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or (g) any other errors, problems or Toys R Us Contest Rules difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with this Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials, or the cancellation or postponement of any event. The Releasees are also not responsible for any incorrect or inaccurate information, including without limitation where caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. The Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participation in this Contest or downloading materials from or use of any website.
17. 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 Official 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 Official Rules, including, without limitation, any error, problem, computer virus, bugs, 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 Official 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.
18. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Official Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, entry and/or other information with these Official 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 Official Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and disclosures or other statements contained in any Contest- related materials, including, but not limited to, the French version of these Official Rules and/or any instructions or interpretations of these Official Rules given by any representative of the Sponsor, the terms and conditions of these English Official Rules shall prevail, govern and control to the fullest extent permitted by law.
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 Official 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.