2019 Canada Voice of the Customer Sweepstakes Official Rules
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NO PURCHASE, TEXT OR SURVEY COMPLETION NECESSARY TO ENTER OR WIN.
A PURCHASE, TEXT OR SURVEY COMPLETION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The 2019 Canada Voice of the Customer Sweepstakes (“Sweepstakes”) is open to individuals who at time of entry are: 1) legal residents of Canada; 2) who have reached the age of majority in the province or territory he or she physically resides; and 3) to whom this offer is specifically addressed. Officers, directors, employees, agents and representatives of J.D. Power (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parents, siblings, children and spouses, regardless of where they live) and/or those living in the same household of each (whether or not related) are not eligible to enter or win. Sweepstakes is subject to all applicable federal, provincial and local laws and regulations. Void where prohibited by law.
HOW TO ENTER: There are five (5) methods of entry: Method #1 (“Online Entry”): Visit the URL provided in the offer you received and follow all onscreen instructions to enter the passcode (on the solicitation you received) and follow all instructions to complete and submit the survey Method #2 (“Mobile App”): Download the free App disclosed in the offer you received. Once you have successfully opened the App, follow onscreen instructions to enter the passcode (printed on the solicitation you received) to complete and submit the survey. Method #3 (“Text Entry”): Follow all instructions by using the keyword and short code provided in conjunction with the solicitation you received to complete and submit the survey. If you are entering via Method #1, #2 or #3, you must complete the survey digitally and your completed survey must be submitted by date specified elsewhere in the offer you received or by 11:59:59 pm ET on 12/31/19, whichever is sooner in order for your entry to qualify for inclusion into the Sweepstakes’ random drawing. Method #4: (“Mail-in Entry”): If you receive a printed survey by mail, follow the instructions to complete the survey and return it to the address provided in the offer you received. Method #5 (“Postcard Entry”): To enter Sweepstakes without completing a survey, send a postcard (or insert a 3x5 piece of blank paper into an envelope) with your hand written name, address, phone number and email address (optional) to: 2019 Canada Voice of the Customer Sweepstakes Entries, P.O. Box 9300, Medford, NY 11763-9300, USA. Mail-in entries submitted via Method #4 and Method #5 must be postmarked between January 2, 2019 and December 31, 2019 (the “Sweepstakes Entry Period) and received by January 7, 2020. Limit: One (1) entry per person per offer regardless of entry method. Duplicate entries will be disqualified. Proof of entry submission does not constitute proof of receipt. All entries and requests become the property of Sponsor and will not be acknowledged or returned.
Entrants entering via text entry must: 1) agree to receive text messages from the Sponsor and/or its agent; 2) be a wireless service subscriber; 3) have a text messaging two-way capable mobile device and digital service in order to enter the Sweepstakes and 4) authorize their respective carriers to provide Sponsor and its designated agent with their Mobile Telephone Number (“MTN”). Entrants may be charged for the text messages sent and received from their mobile device according to the terms in their Customer Agreement with their service provider. Standard data/text message rates may apply. Sponsor is not responsible for lost, late, damaged, delayed, garbled, illegible, incomplete, misdirected or postage due mail/entries. Entries must be made by an individual from a stand-alone computer or mobile device and may not be made by proxy or any electronic/automated means such as script, macro or use of any automated, robotic, repetitive, programmed or similar entry methods or any other similar software or program which will result in disqualification. Entry materials/data that have been tampered, altered, photocopied or mechanically reproduced are not eligible and will be void. In the event of a dispute as to any registration, the authorized account holder of the email address or the MTN used to register (at time of entry) will be deemed to be the registrant. The “authorized account holder” is defined as the natural person who is assigned a MTN or email address by his/her carrier or an Internet access provider, online service provider or other organization responsible for assigning email addresses as shown on his/her carrier’s records for the domain associated with the submitted address. Winner may be required to show proof of being the authorized account holder.
PRIZES AVAILABLE: One (1) Grand Prize: $10,000 CDN. Two (2) First Prizes: $5,000 CDN each. Total value of all prizes: $20,000 CDN. Prizes are awarded in US currency equivalent to published Canadian value in effect at time of awarding and will be subject to a 30% withholding as mandated by the Internal Revenue Service for payments made to foreign persons. All prizes awarded in the form of a corporate cheque payable in the name of the winner. Limit: One (1) prize per person and per household.
Sweepstakes may be presented in different creative presentations and/or in conjunction with other sweepstakes sponsored by J. D Power (the “Sponsor”).
ODDS: Odds of winning depend on total number of eligible entries received during the Sweepstakes Entry Period.
WINNER SELECTION AND NOTIFICATION: Three (3) potential winners will be determined in a random drawing from all eligible entries received during the Sweepstakes Entry Period at 4:00 pm ET, January 31, 2020 at the office of Ventura Associates (494 Eighth Avenue, Suite 1700, New York, NY 10001). Random drawing will be conducted by Ventura Associates, an independent judging organization (“judges”) whose decisions are final and binding in all matters relating to this Sweepstakes. The contact information provided at time of Entry will be used to notify each potential winner. Sponsor is not responsible for changes to an Entrant’s contact information that may interfere with winner notification. If a potential winner originates from the text entries, he/she must be able to receive calls from an unlisted/blocked number and must respond within five (5) days from the date of notification with his/her contact information needed for verification purposes or he/she will be disqualified and an alternate winner will be selected in a separate random drawing. Potential winners will be notified by telephone, overnight mail and/or e-mail on or about January 31, 2020. Potential winners will be required to complete, sign and return a Declaration of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within ten (10) days of date specified on notification and correctly answer, unaided, a time-limited mathematical skill testing question administered at a mutually agreeable time by telephone. If a potential prize winner does not return the fully executed Release within ten (10) days, fails to correctly answer the skill testing question within the time frame provided, or if said e-mail and/or mail is returned as undeliverable, or if an entrant is otherwise found to be ineligible, or if a selected winner cannot accept or receive the prize for any reason, the corresponding potential prize winner will forfeit the prize and an alternate winner will be selected who will be subject to disqualification in the same manner. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. At Sponsor’s discretion, if after 5 attempts a winner is not confirmed, the corresponding prize will not be awarded. Each prize is non-transferable and no substitution by any winner is allowed. All fees, federal, provincial and income taxes or other expenses relating to the use, misuse, acceptance and possession of the prize are the sole responsibility of each winner. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown and likeness/photograph for online posting and promotional purposes without further compensation.
GENERAL & LIMITATIONS OF LIABILITY: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause, or concerns regarding the safety of any winner, Sponsor shall have the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of Quebec, to modify, suspend, extend or terminate the Sweepstakes, in whole or in part, at any time and without notice or obligation. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use, misuse or redemption of any prize. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. Notwithstanding any other provision in this Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any prize. The Sponsor is not responsible for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (ii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iii) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or the online portion of the Sweepstakes, subject to the approval of the Régie, if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY: To learn more about the ways J.D. Power may use and share your information and about your privacy choices, read the J.D. Power Privacy and Cookie Notice at https://www.jdpower.com/privacy
WINNERS’ LIST: For a list of winners (available after 3/16/2020) send a stamped, self-addressed envelope by 3/16/2020 to: 2019 Canada Voice of the Customer Sweepstakes Winners List, c/o: Ventura Associates – Attn. DE, 494 Eighth Avenue, Suite 1700, New York, NY 10001.
SPONSOR: J.D. Power, 30870 Russell Ranch Road, 3rd Floor, Westlake Village, CA 91362.
FOR QUEBEC RESIDENTS ONLY: 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 Régie only for the purpose of helping the parties reach a settlement.
To request a copy of these official rules, please write to: 2019 Voice of the Customer Sweepstakes Official Rules, c/o: Ventura Associates – Attn. DE494 Eighth Avenue, Suite 1700, New York, NY 10001, USA.
Pour obtenir un exemplaire du présent règlement, prière d’écrire à : 2019 Voice of the Customer Sweepstakes Official Rules, c/o: Ventura Associates – Attn. DE, 494 Eighth Avenue, Suite 1700, New York, NY 10001, USA.