OFFICIAL RULES AND REGULATIONS

Applicable program: First Signs of Spring: Early Bird Edition Photo Contest

1.    FACEBOOK, TWITTER AND INSTAGRAM ARE NOT INVOLVED: The “#NCCEarlyBirds” Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. You understand that you are providing your information to Nature Conservancy of Canada (the “Sponsor”) and not to Facebook, Twitter or Instagram. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Facebook, Twitter and Instagram are completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook, Twitter or Instagram.

2.    MOBILE PARTICIPATION: If you opt to participate in this Contest via your wireless mobile device (which is not required to enter the Contest), then standard data rates may apply according to the terms and conditions of your services agreement with your wireless carrier. Other charges may also apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans or data plans and charges relating to your participation in this Contest. Data plans may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your device’s capabilities for specific instructions. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

3.    CONTEST PERIOD: Contest closes at 11:59:59 AM EDT on May 1, 2018. Limit one entry per Week regardless if a person has a Facebook, Twitter or Instagram account. A week is defined as commencing at 12:00:00 PM EDT on a Wednesday and ending at 11:59:59 AM EDT on the following Wednesday. (the “Contest Period”).

4.    ELIGIBILITY: The Contest is only open to legal residents of Canada (excluding residents of the Province of Quebec) who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, their subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual or entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”). Groups, clubs, organizations, businesses and commercial and non-commercial entities cannot participate.

5.    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”) and that you agree to do business with the Sponsor electronically and agree that the act of submitting the Entry is a binding form of your electronic signature.

6.    HOW TO ENTER: NO PURCHASE NECESSARY. To enter, entrants will be required to upload a digital photograph of spring or birds in Canadian nature (see below for further details) (the “Photo”).

    There are four (4) ways to enter:
i.    FACEBOOK: To enter: visit Facebook; (ii) log-in to your Account; (iii) click on the Contest Tab; (iv) select the Contest Application (the “Application”). Next, upload your photo which includes the Theme of the Contest. Complete the Official Contest Entry Form (the “Entry Form”) with all required personal information and signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules. When all required steps of the entry process are complete (including uploading your Photo and fully completing the Entry Form), follow the on-screen instructions to submit your completed Entry Form to be eligible to earn one (1) Entry in the Contest. To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period. An Entry will be considered to be void if the Entry (or any component thereof – including, without limitation, the Photo): (i) does not reflect the Theme; (ii) does not comply with the applicable terms, rules, policies and guidelines of Facebook (the “Facebook Rules”); and/or (iii) is not otherwise in accordance with these Rules, including, without limitation, the specific Submission Requirements listed below in Rule 9 (all as determined by Sponsor in its sole and absolute discretion).

ii.    TWITTER and INSTAGRAM: Upload your “Early Birds” photo to Twitter and/or Instagram using the #NCCEarlyBirds.

The “Donate” button on the Thank you page is for those consumers who wish to donate to the Sponsor however it is not a requirement of participation in this Contest.

7.    CONTENT MODERATION: The Sponsor and/or its promotional agency or designated content moderator (collectively, the “Moderator”) will screen each Photo submitted with your Entry within 72 hours of receipt of an Entry. Any Entry that the Moderator deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules, the Facebook Rules, Twitter Rules or Instagram Rules and/or to otherwise be inappropriate in any way (including, but not limited to, materials that could be dangerous or could violate or offend any law, regulation, order, governmental policy, public policy or third party’s rights or could potentially expose the Sponsor to any liability, embarrassment, contempt, ridicule, or adverse publicity or otherwise reflect unfavorably on the Sponsor or any of its products or services in any way) are subject to disqualification. The Moderator reserves the right, in its sole and absolute discretion at any time and for any reason, to edit, remove or modify any Entry (or any part thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry (or any part thereof) in order to ensure that the Entry (in whole and in part) complies with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry (and the associated entrant and any or all of his/her other Entries) – to help ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.

8.    LICENSE: By entering the Contest and submitting an Entry, each entrant: (i) without limiting the Facebook Rules, Twitter Rules or Instagram Rules, grants to the Sponsor, in perpetuity, a non-exclusive world-wide license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Entry); and (iii) agrees to release and hold harmless the Contest Parties, Facebook Inc., Twitter, Instagram and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty and the avoidance of any doubt, by participating in this Contest you are hereby agreeing that Sponsor has permission to use and display your Entry – including, but not limited to, in conjunction with your participating in this Contest.

9.    SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE PHOTO); (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, OF THE PRIZE (INCLUDING ANY 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 AND/OR THE FACEBOOK RULES, TWITTER RULES OR INSTAGRAM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF THE PRIZE.

By participating in the Contest, each entrant hereby warrants and represents that any Entry (including for greater certainty, the Photo submitted as part of the Entry) he/she submits:

i.    is/are original to him/her and that the entrant has obtained all necessary rights in and to the Entry for the purposes of entering such Entry in the Contest;

ii.    does not violate any law, statute, ordinance or regulation;

iii.    does not contain any reference to or likeness of any identifiable third parties;

iv.    will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and

v.    is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor (e.g. any clothing worn and/or products appearing in your Entry must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the entrant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

Further, your Photo must not: (i) contain any personal information about you or any other individual who may be appearing in the Photo; and (ii) be a modification, enhancement or alteration of a third party’s pre-existing work. Your Photo must be your original creation. For the avoidance of any doubt, your Photo cannot be something that you have copied or downloaded (e.g. from the worldwide web, stock photography or otherwise).

10.    ENTRY LIMITS: There is a limit of eighty-six (86) Entries per person during the Contest Period, regardless if a person owns a Facebook Account, a Twitter Account and an Instagram Account or more than one email account. A person may use each of their Facebook, Twitter, Instagram account or email account (the “Account”) to participate in this Contest, however it is the Entrants responsibility to ensure that they do not upload the same Photo from each Account during the Contest Period and that his/her Entries do not amount to more than eighty-six (86) Entries during the Contest Period. A person may not user more than one (1) Facebook Account; Twitter Account; Instagram Account; or e-mail address to enter the Contest. Each Entry must contain a unique and original Photo of the Theme in accordance with these Rules (do not submit the same Photo, or substantially the same Photo, more than one (1) time in this Contest and do not submit the same Photo as another entrant or using both Facebook and Twitter or Instagram during the Contest Period). For greater certainty and the avoidance of any doubt, an eligible entrant can only use one (1) of each Account listed to enter the Contest and an entrant may not submit an Entry on behalf of any other person, including without limitation but for greater certainty, another member of his/her household. All information provided must be truthful and accurate. 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 eighty-six (86) Entries during the Contest Period; (ii) submit the same Photo, or substantially the same Photo, more than one (1) time in this Contest; (iii) submit the same Photo as another entrant; (iv) submit or purport to submit an Entry on behalf of another person; and/or (v) 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 this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Entry is not submitted and received in accordance with these Rules; and/or (ii) the Photo accompanying the Entry is not in compliance with these Rules (including, but not limited to, the specific Theme and Submission Requirements listed above in Rule 9) and/or the applicable Facebook Rules, Twitter Rules or Instagram Rules (all as determined by Sponsor in its sole and absolute discretion).

11.    VERIFICATION: All Entries 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, Photo 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 this Contest will be the Sponsor’s Official Clock(s). Proof of transmission (post-marks, screenshots or captures etc.) or attempted transmission of an Entry (or any related Photo) or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Contest computers or Sponsor.

12.    PRIZE AND APPROXIMATE RETAIL VALUE: Five prizes are available to be won with one prize awarded each week during the contest period. Each prize consists of an assortment of outdoor adventure items with an AEV of $100 CDN. A sixth prize, VISA gift card, valued at $1,000 will be awarded to the owner of the photo with the most votes on WooBox.

13.    ELIGIBLE WINNER SELECTION PROCESS AND ODDS OF WINNING: A random draw will be held in Oakville, ON at approximately 3:00 p.m. EDT on May 10, 2018 (the “Draw Date”). One (1) eligible entrant will be randomly selected from among all eligible Entries that were submitted and received in accordance with these Rules during the Contest Period. The odds of winning the Prize depend on the number of eligible Entries submitted and received in accordance with these Rules during the Contest Period.

14.    ELIGIBLE WINNER NOTIFICATION AND CONFIRMATION PROCEDURES: The Sponsor or its designated representative will attempt to contact the eligible winner either by:
i.    WEBSITE OR FACEBOOK ENTRANT: If a selected entrant has submitted his/her entry via Facebook he/she will be contacted by e-mail (using the information provided on the Entry Form) within five (5) business days of the Draw Date.
ii.    TWITTER OR INSTAGRAM ENTRANT: If the selected entrant has submitted his/her entry via his/her Twitter or Instagram account the Sponsor or its designated representative will send a direct message out to the selected entrant by 4:00 PM (EDT) the following business day of the Draw Date. If the selected entrant is not a Follower, then the selected entrant will have to become a Follower (so that the Sponsor will be able to send a private direct message via Twitter or Instagram) within the time stated in the Sponsor's submission of an @Reply to the selected entrant or the independent contest organization may disqualify such selected entrant at its sole discretion. The selected entrant may discontinue following the Sponsor’s Account after the completion of the Sponsor’s Declaration of Compliance and Release of Liability and Publicity Release Form. It is the selected entrant’s responsibility to set his or her account settings to accept contacts by the Sponsor and to timely check his or her Account for any such direct messages or @Replies.

The selected entrant must respond to the notification within the indicate time frame as indicated within the e-mail or direct message. If the eligible winner does not respond to the notification (even if the selected entrant name or Twitter or Instagram handle may have been publicly announced) or if there is a return of any notification as undeliverable; then he/she will be disqualified without any liability to the Sponsor, and his/her entitlement to receive the Prize will be forfeited 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 Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).Sponsor will not be responsible for failed attempts to contact a selected entrant.

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A 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 e-mail or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form (the “Contest documents”), which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) 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 Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address (city and province/territory), 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 whatsoever, including print, broadcast or the internet (including but not limited to, any social media platforms). If an eligible winner: (a) fails to correctly answer the mathematical 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 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 Rules during the Contest Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

15.    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, including, without limitation, any decisions regarding the eligibility/disqualification of Entries, Photo and/or entrants. 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 any 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, Photo, 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.

•    In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the e-mail address submitted or Account used at the time of entry. “Authorized account holder” is defined as the person who is assigned to an Account by Facebook, Twitter or Instagram or e-mail address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Account and e-mail address associated with the Entry in question.
•    The Sponsor reserves the right 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. Any attempt to damage any website or 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 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.

•    By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.natureconservancy.ca/en/privacy_policy.html). 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.

•    The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry 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.

•    In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, Application, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English 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 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.

•    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, 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 exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.