Official Contest Rules

UMBRO NEWSLETTER PHOTO CONTEST (“Contest”)

THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING QUEBEC)
AND IS GOVERNED BY CANADIAN LAW.

1.ELIGIBILITY: 

Contest is open to all legal residents of Canada (excluding Quebec) who have reached the 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) of Umbro Canada (the “Sponsor”), RMP Athletic Locker Ltd., their respective parent companies, subsidiaries, affiliates, distributors, prize suppliers, advertising/promotion agencies and the Contest judges (collectively, the “Contest Parties”).  

2. CONTEST PERIOD:

Contest begins on May 11, 2010 at 12:00:01 a.m. Eastern Time (ET) and ends on May 31, 2010 at 11:59:59 p.m. ET (the “Contest Period”). 

3. HOW TO ENTER:

No purchase necessary.  To enter, send an email (the “Email”) to umbrocanada@yahoo.com that contains: (i) your full name, age and telephone number; and (ii) one (1) photograph (the “Photo”) that is soccer oriented and is taken on the periphery of the soccer field sidelines (Email and Photo collectively referred to herein as “Entry/Entries”).  To be eligible to receive one (1) entry in the random prize draw (see below), your Entry must be sent and received during the Contest Period.  There is a limit of four (4) Entries per person/email address permitted during the Contest Period and you may use only one (1) email address to enter the Contest.  If it is discovered that you attempted to obtain more than four (4) Entries per person/email address during the Contest Period, then (in the sole discrestion of the Sponsor) you may be disqualified from the Contest and all of your Entries voided. The Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Emails/Photos.
By submitting An entry, you agree that YOUR PHOTO complies with all conditions stated in these Rules. The contest parties will bear no legal liability regarding the use of YOUR PHOTO by the CONTEST PARTIES and THE contest parties SHALL BE HELD HARMLESS BY you IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT you have NOT FULLY COMPLIED WITH ANY OF THE RULES.

4. PHOTO REQUIREMENTS:

To be eligible for entry in this Contest, your Photo must meet the following specific requirements:

By participating in the Contest, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Photo:

1. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer) in and to the Photo to enter the Contest;

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

3. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Photo, then his/her face must be blurred out);

4. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and

5. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include or involve, without limitation, any of the following:

• Nudity;
• Explicit, graphic or excessive sexual activity;
• Crude, vulgar or offensive language and/or symbols;
• Derogatory characterizations of any ethnic, racial, sexual or religious groups;
• Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
• Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
• Conduct or other activities in violation of these Rules;
• Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
• Any identifiable third party products and/or trade-marks, brands or logos.  For example, any clothing worn by persons appearing in a Photo must not contain any visible logos, trade-marks or other third party materials, unless the necessary permissions/licenses have been obtained; and
• Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest Parties in their sole discretion.

By entering the Contest and submitting a Photo, each entrant: (i) grants to the Sponsor, in perpetuity, a world-wide, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Photo, in whole or in part, for advertising or promoting the Contest or for any other reason (including, without limitation, on the Umbro Canada website and the Umbro Canada Flickr page); (ii) waives all moral rights in and to his/her Photo in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. 

Any Photo that the Sponsor and/or the Contest Parties deem, in its/their sole discretion, to violate the terms and conditions set forth in these Rules will be disqualified and the entrant will not receive an Entry and/or be eligible to win a prize in respect of that Photo.  For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to modify, edit or disqualify any Entry for any reason.

5. THE PRIZE AND APPROXIMATE RETAIL VALUE:

There will be five (5) prizes available to be won as follows: (i) two (2) White Home Kits and three (3) Red Away Kits (each kit consisting of one jacket, jersey and hat); and (ii) the opportunity to have the selected entrant’s Photo (as is or as may be edited by Sponsor, in its sole discretion) featured in the following month’s edition of the Umbro Canada Newsletter.  Approximate retail prize value is $250.00 (the “Prize”).  Kit sizing at discretion of Umbro Canada.  Prize must be accepted as awarded and is not transferable or convertible to cash.  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole discretion, to substitute the Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole discretion, a cash award. Prize will only be awarded to the person whose valid email address is associated with the selected Entry.

6. RANDOM PRIZE DRAW AND WINNER SELECTION:

On June 1, 2010 (the “Draw Date”) in Toronto, Ontario at approximately 3:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries received during the Contest Period.  The odds of winning depend on the number of eligible Entries received during the Contest Period.   The Sponsor and/or its designated representative will make two (2) attempts to contact the selected entrant by email or telephone (using the information submitted with the Entry) within forty-eight (48) hours of the Draw Date.  If the selected entrant cannot be contacted within two (2) attempts or forty-eight (48) hours of the Draw Date (whichever occurs first), or there is a return of any notification as undeliverable; then the selected entrant will be disqualified and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries.

Before being declared a winner, the selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid to be administered by phone at a prearranged mutually convenient time; and (b) sign and return within ten (10) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Releasees from any and all liability in connection with this Contest, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of the selected entrant’s name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet; and (v) assigns all intellectual property, including copyright, in and to his/her Photo and waives his/her moral rights therein in favour of the Sponsor.  If the selected entrant: (a) fails to correctly answer the skill-testing question; and/or (b) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit the Prize and Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries.

7. 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 and/or entrants. 

The Releasees will not be liable for any failure of any website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above.  Further, the Releasees will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.

In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address used to submit the selected Entry.  “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry.  The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

The Sponsor reserves the right, in its sole discretion, to withdraw or amend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules.  Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is 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, in its sole discretion, to cancel or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind.

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.umbro.com/index/privacy/?locale=en_CA), unless the entrant otherwise agrees.

8. INTELLECTUAL PROPERTY

All intellectual property, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

9. LANGUAGE DISCREPANCY

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.