THE GIFT BETTER GIVEAWAY OFFICIAL CONTEST RULES

Posted By Kobo Help December 02, 2013

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THESE OFFICIAL RULES APPLY TO THE GIFT BETTER GIVEAWAY (“CONTEST”), SPONSORED BY KOBO INC. (“SPONSOR”).  BY ENTERING, YOU ARE DEEMED TO HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE OFFICIAL RULES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”). 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THESE OFFICIAL RULES APPLY TO THE GIFT BETTER GIVEAWAY (“CONTEST”), SPONSORED BY KOBO INC. (“SPONSOR”).  BY ENTERING, YOU ARE DEEMED TO HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE OFFICIAL RULES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”).

  1. CONTEST PERIOD: The Contest begins at 12:00:01 am Eastern Time (“ET”) on Monday, December 2, 2013 and ends at 11:59:59 pm ET on Friday, December 24, 2013 (“Contest Period”). The Sponsor's servers are the official time keeping device for this Contest.  The time that an Entry is received by the Sponsor will be the time at which it is received by the Sponsor's mail server or web server (as applicable) as determined in accordance with the applicable server's clock.
  2. ELIGIBILITY: To be eligible, you must (a) be a legal resident of Canada (excluding the Province of  Quebec) or the United States including the District of Columbia; and (b) have reached the age of majority in your respective province/state/territory of residence at the time of entry.        

Employees, contractors, directors and officers of Sponsor, its parents, affiliates, subsidiaries, distributors, sales representatives, retailers and advertising, promotion and judging agencies and all other service agencies and providers involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and households of each, whether or not related are not eligible to participate or win.  Void in Guam, Peurto Rico, the U.S. Virgin Islands and where prohibited by law.                    

By entering this Contest, entrants agree to abide by these Official Rules and the decisions of Sponsor and any applicable Contest Judges, which shall be final and binding on all matters relating to this Contest.                  

  1. HOW TO ENTER: Like Kobo on Facebook (https://www.facebook.com/kobo), then follow Kobo’s Facebook page for instructions on how to enter the Contest. Throughout the Contest Period, seventeen (17) invitations will be posted on the Kobo Facebook Page inviting you to enter the Contest (each a “Contest Invitation”). Respond accordingly to the Contest Invitation to be eligible to enter (each response an “Entry”)

All Entries must be submitted via comment on each Contest Invitation by the entrant him/herself by 11:59 pm ET on the day of the given Contest Invitation to be eligible.  For each Contest Invitation, there is a limit of one (1) Entry per person and per Facebook account..  Any Entries received by any person or Facebook account in excess of the stated limitation will be void.  The use of automated devices or any other mechanism that will circumvent the proper conduct of this Contest, whether intentional or otherwise, is prohibited.

Any entrant who intentionally and/or fraudulently and/or negligently provides incorrect personal data may be eliminated from the Contest at Sponsor’s discretion.  The 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. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Facebook account at the time of Entry.  An entrant may be required to provide proof that he/she is the authorized account holder of the Facebook account associated with the winning Entry. Sponsor reserves the right to terminate or re-run the Contest and withhold the Prize(s) at any time, in Sponsor’s sole discretion.

Content Restrictions:

  • The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  • The Entry must not disparage Sponsor or any other person or party affiliated with the Contest;
  • The Entry must not contain images or artwork not created by entrant;
  • The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.
  1. WINNER SELECTION AND NOTIFICATION:  Each Entry will be scored a number out of 75 by Sponsor’s authorized Judges (“Judges”) on the following judging criteria (“Judging Criteria”): (i) 25 for creativity of the submission; (ii) 25 for relevance to the Contest; and (iii) 25 for overall impression. In the event of a tie, the tie breaker will be based upon the highest score in the first judging criterion, continuing thereafter to the next criterion, as needed, to break the tie.  The Entry which receives the highest score for a Contest Invitation will be announced as a winner (each a “Winner”). There will be one Winner for each Contest Invitation.

The odds of winning will vary among Contest Invitations and depend on the number of eligible Entries received for each Contest Invitation. The Winner for each Contest Invitation will be informed via Facebook Reply within approximately 48 hours of the Contest Invitation being posted.  If an entrant is found to not be in compliance with these Official Rules, if prize notification is not responded to within five (5) business days or any Prize is returned as undeliverable or the entrant is unable to accept the Prize for any reason, the entrant will be disqualified, his/her Prize will be forfeited and may be awarded to an alternate entrant at the sole discretion of Sponsor.  If the Prize is not successfully claimed by Winner within 120 hours of the notification being sent, it will be forfeited and may be awarded to an alternate entrant at the sole discretion of Sponsor.  Before being declared a Winner, an entrant may be required to complete, sign and return a Release of Liability and, where lawful, Publicity Release, prior to delivery of the Prize.  Sponsor is not responsible for any change of email address, Facebook account, mailing address and/or telephone number of entrants.

The eligible entrant, before being declared a Winner, will be required to correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, which will be included in the Release of Liability form.

  1. PRIZES: There are 45 prizes available to be won (each a “Prize”) and the approximate value of each are outlined in the chart below:  

 

Quantity

Prize

Approx Retail Value

5

Kobo® Arc 7HD

$199.99 (CA)

5

Kobo® Aura HD

$169.99 (CA)

10

Kobo® Aura

$149.99 (CA)

25

Kobo® Gift Cards

$25 (CA)

 

Activation, airtime, service, accessories and any other costs not specifically identified as included in the Prize are the responsibility of Winner.  Sponsor is not responsible for any third-party products or services you may use with the Prize.

Prizes will be delivered by mail to Winner’s residence and will only be delivered to verified Winner.  Please allow approximately three to five weeks for delivery.  Prizes are not transferrable and must be accepted as awarded with no substitutions in cash or otherwise, except at Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize of equal or greater monetary value if a Prize cannot be awarded as described for any reason.  Winners will be solely responsible for any and all applicable federal, state, provincial, territorial and local taxes and any other costs, expenses and fees associated with accepting and receiving the Prize.  In the event any tax withholding is required by law for any Prize, Winners authorize Sponsor to make the corresponding deduction. 

GENERAL TERMS

  1. LICENSE TO USE:  By entering, each entrant grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of unlimited right, title and interest in and to his/her Entry, including, but not limited to, all copyright and trademark rights therein and thereto and all renewals and extensions thereof, throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.  
  2. INTERNET: Sponsor is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, emails or tweets or for any incorrect or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error or fraud, which may occur in the processing of the Entries. Sponsor is not responsible for computer system, phone line, hardware, software, cable, satellite, Internet Service Provider (ISP) or program malfunctions, or other errors, failures or delays in computer transmissions or network connections.  Sponsor is not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Contest including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, views, postings and/or shares (as applicable), the announcement of the Prizes, or in any Contest-related materials. Sponsor reserves the right at its sole discretion, to disqualify any individual and void his or her Entry(ies) who tampers with the entry process.
  3. RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND:  If for any reason any aspect of this Contest is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of Sponsor, subject to applicable laws, Sponsor may in its sole discretion cancel, terminate, modify or suspend the Contest, or invalidate any affected Entries. In the event the Contest is cancelled or terminated, Sponsor reserves the right to conduct a random draw from among all eligible Entries received up the time of such action.  In the event of such an occurrence Sponsor may post a notice on Facebook.com/kobo.
  4. PRIVACY: Please see Sponsor’s Privacy Policy located at http://www.kobo.com/privacypolicy for details regarding the use of personal information collected in connection with this Contest.  By participating, entrants agree to the collection and use of their personal information for the purposes of administrating this Contest and awarding the Prize(s) and as stated in Sponsor’s and Contest Administrator’s respective Privacy Policies. Except where prohibited by law, each Winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, biographical information, Entry, voice and/or likeness for advertising and/or publicity purposes in any and all media now known or hereinafter invented or developed without territorial and without additional compensation, notification or permission, in perpetuity.
  5. RELEASE: By entering, and to the extent permitted by applicable laws, entrants agree: (a) to release Sponsor, Contest Administrator, Facebook, and any third party retained by or on behalf of Sponsor for the purposes of executing and administering the Contest and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, promotion and judging agencies and all other service agencies and providers involved with this Contest and each of their officers, directors, employees and agents (collectively, "Released Parties") from any and all liability, loss or damage incurred with respect to their participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any Prize; and, (b) that under no circumstances will they be permitted to obtain awards for, and they hereby waive all rights to claim, any punitive, incidental, consequential or other damages including, but not limited to attorneys’ fees or other court costs, other than for actual out-of-pocket expenses. 

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.  By submitting an Entry, you agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligation, and Sponsor is free to disclose the ideas contained in the Entry, on a non-confidential basis, to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees or contractors or obtained from other entrants or sources other than you.  Released Parties do not guarantee the posting of any Entry and may remove any Entry at any time.          

  1. GOVERNING LAW: This Contest is governed by, subject to and is to be interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles.  Any dispute under these Official Rules shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.  You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and consent to the jurisdiction of the courts of the Province of Ontario.  You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Official Rules.              

Any provision in these Official Rules which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.  

  1. WINNER LIST: For a list of Winners, send a self-addressed stamped envelope to:  Gift Better Giveaway Contest, Kobo Inc., 101 – 135 Liberty Street, Toronto, Ontario Canada M6K 1A7.  All requests for Winner Lists must be received on or before December 31, 2013.   Residents of VT and Canada may omit return postage. 

© 2013 Kobo Inc.  All rights reserved.  Kobo® and related trademarks, names and logos are the property of Kobo Inc. and are registered and/or used in the U.S. and countries around the world.  All other trademarks are the property of their respective owners.