The Mindful Movement Challenge
Please read these Mindful Collective Co. Ltd. Instagram 2020 Sweepstakes Official Rules (these “Rules”) before submitting an entry in the Sweepstakes (as defined below). By submitting a Sweepstakes entry, you: (i) acknowledge and signify that you have read, understood and agreed to be bound by these Rules; (ii) agree to be contacted by Mindful Collective Co. Ltd. (“MCC”) by direct message on Instagram, e-mail, telephone, and/or mail; and (iii) agree that any decision of MCC is final and binding in respect of all matters relating to the Sweepstakes.
The Sweepstakes: The MCC Instagram 2021 Sweepstakes (the “Sweepstakes”) is conducted by MCC, with offices at 259 Steelcase Road West, Markham, ON, Canada.
Sweepstakes Period: The Sweepstakes begins on February 1, 2021 at 12:01 a.m. and ends on February 28, 2021 at 11:59pm (the “Sweepstakes Period”). All times mentioned in these Rules are Pacific Time unless expressly noted otherwise.
Who Can Enter: The Sweepstakes is open only to individuals who are either legal residents of Canada (excluding Quebec) or the fifty (50) United States (excluding Rhode Island) or the District of Columbia, and who have reached the age of majority in the province, territory or state in which they reside. To be eligible to win a prize, entries must be completed and received by MCC before the end of the Sweepstakes Period. Employees, representatives and agents of MCC, or its parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such person, whether related or not, are not eligible to enter or win.
Rights Granted to MCC: By entering this Sweepstakes, you grant to MCC a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce the Submission and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Submission in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of promotion , without further compensation, notification, or permission. By entering the Sweepstakes, you waive any moral rights you may have in the Submission in favour of MCC.
By entering this Sweepstakes, you also grant to MCC the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Submission for promotional purposes, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
MCC is further irrevocably entitled to assign the rights above entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
Submission Requirements: All Submissions (including, without limitation, images, and any accompanying statements or captions) must comply with the following requirements :
(i) Your Submission must not contain any material that would violate or infringe upon the rights of any person or entity, including, without limitation, copyrights, trademarks, intellectual property or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You represent and warrant that you have the express consent of any person you tag. The Submission must not contain any personally identifiable information of any person.
(iii) The Submission must not contain or reference any names, products or services of any other company or entity or any third party trademarks, logos, trade dress or promotion of any third party brand, product, or service.
(iv) The Submission must be appropriate for public viewing. Without limitation, the Submission must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which MCC in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, brand, product, or service.
(v) The Submission must comply with all of Instagram’s requirements and terms (http://instagram.com/legal/terms/) regarding the use of its services.
Entries (including, without limitation, the submitted images and their captions) that do not comply with the requirements of these Rules as determined by MCC in its sole discretion are not eligible for consideration in relation to the Sweepstakes. MCC reserves the right in its sole discretion to remove or disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Rules. You agree to reimburse MCC in full in respect of any losses, damages, and expenses, including reasonable attorney fees that MCC or any of its affiliates may sustain, from the breach of a representation or warranty made by you or anyone acting on your behalf or with your authority.
Prize: There is a total of three (3) prizes available to be won (the “Prize”). The Prize is three (3) gift cards for B Yoga (2 x $100, 1 x $300), which can be used anytime and do not expire. The total retail value of the Prizes is Five Hundred Dollars ($500 CAD/USD). The Prize must be accepted as awarded and may not be redeemed for cash or refunded. The Prize is not transferable and must be accepted as awarded. MCC reserves the right to substitute the Prize with an alternative prize of comparable or greater value. Federal/country, province, state and/or local taxes on prizes, if any, and any other costs, fees or expenses related to the acceptance or use of the prize or the Sweepstakes which are not specifically listed as being part of the Prize are the sole responsibility of each winner.
Winner Selection: On or around February 15, 2021, MCC will select two (2) potential Prize winners, from amongst all eligible Submissions received during the Sweepstakes Period. The Prize winner is subject to verification of eligibility.
On or around February 28, 2021, MCC will select one (1) potential Prize winner, from amongst all eligible Submissions received during the Sweepstakes Period. The Prize winner is subject to verification of eligibility.
The odds of winning depend upon the total number of eligible Sweepstakes entries received. Limit one (1) Prize per person.
Winner Notification and Requirements: On or around the Winner Selection Date, MCC will notify the potential winner by sending an Instagram Direct Message to him/her and requesting the potential winner to email MCC within 24 hours at the email address provided. In addition, MCC may tag the potential winner’s Instagram account.
The prize winner will be the entrant who: (a) is selected by MCC; (b) submits valid proof of identity, age and residence, if requested; (c) if a Canadian resident, correctly answers, unaided, a time-limited, mathematical, skill-testing question administered by MCC during a pre-arranged, mutually convenient telephone call (U.S. residents do not need to meet this requirement); and (d) complies with all other requirements in these Terms. To qualify as a prize winner, a selected entrant must comply with these Rules and must promptly sign a prescribed form of Declaration, Release and Consent, which confirms the entrant’s compliance with these Rules, releases MCC and its affiliates from claims and liabilities, and consents to the use and disclosure of the entrant’s personal information in connection with the Sweepstakes (including announcements of the entrant’s name as one of the winner(s) of the Sweepstakes). A selected entrant may also be required to provide further information and/or execute any other legal, regulatory, or tax-related documents required by MCC at its sole discretion.
MCC may in its discretion disqualify a selected entrant, and select a substitute entrant, if any of the following occur: (a) the selected entrant fails to respond to the prize notification within the requested deadline; (b) the selected entrant is a Canadian resident who fails to correctly answer the skill-testing question; or (c) the selected entrant fails to fully comply with these Rules.
Other Matters: MCC is not responsible or liable for: (a) erroneous, damaged, destroyed, lost, late, incomplete, illegible or misdirected Sweepstakes entries; (b) failure for any reason whatsoever of selected entrants to receive or respond to a prize notification; or (c) any damage or loss arising from, connected with, or relating to the Sweepstakes or a prize, regardless of the cause or any fault by MCC or any person for whom MCC is responsible, and notwithstanding that any of those persons may have been advised of the possibility of the loss or damage being incurred.
If for any reason MCC determines, in its discretion, that the Sweepstakes is not capable of being conducted as intended by MCC, including due to any misconduct by or on behalf of an entrant, MCC may in its discretion disqualify the entrant responsible for the misconduct and withdraw, cancel, terminate, modify, or suspend all or any part of the Sweepstakes.
WARNING: ANY ATTEMPT TO INTERFERE WITH THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND MCC RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER RELIEF FROM ALL RESPONSIBLE PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
MCC will have unfettered discretion in its decisions regarding all aspects of the Sweepstakes and the administration of these Rules. MCC’s decisions are final and binding on all entrants.
General Release: By entering the Sweepstakes, you hereby release MCC, Instagram, Inc., their respective parent companies, subsidiaries, affiliates, suppliers, prize suppliers, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from any liability whatsoever and waive all causes of action for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with these Terms, the Sweepstakes, or the delivery, mis-delivery, acceptance, possession, use or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage or destruction of property, rights of publicity or privacy, defamation or betrayal in a false light, intentional or not), whether under a theory of contract, tort (including negligence), warranty or otherwise.
Disputes: Except where prohibited by law, you agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded (“Disputes”) shall be resolved individually, without resort to any form of class action; and (2) all Disputes must be resolved before the Courts of British Columbia sitting in the City of Vancouver, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. You agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and under no circumstances will you be permitted to claim or obtain, and YOU HEREBY WAIVE ALL RIGHT TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
Governing Law: These Rules, and all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of you and MCC in connection with the Sweepstakes, shall be governed and construed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Severability: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Winner List: For a winner’s list, you may send a request to email@example.com for up to one year after the sweepstakes close date.
No Affiliation with Instagram: The Sweepstakes is in no way sponsored, endorsed or administrated by, or associated with, Instagram or any other named or depicted person or entity other than MCC. Any questions, comments or complaints regarding the Sweepstakes should be directed to MCC.
The Sweepstakes is subject to all applicable federal, provincial, state and local laws and regulations.
© 2020 MCC