CONTEST RULES AND REGULATIONS
2023 Topo Gear Giveaway Social Media Contest Rules and Regulations
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. ENTRY TO THE CONTEST IS FREE AND NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Description of the Contest Instagram
Each entrant will have an opportunity to win one (1) TOPO Hoodie (model#WH04 or MH04) and a TOPO Technical Trucker HAT and and TOPO water bottle and TOPO Buff by ‘following’ the official TOPO Athletic Canada Instagram account (@topo_athetic_canada) AND ‘send’ the contest post and/or ‘tag’ a friend and/or ‘repost’ AND share “what Topo shoe is your favourite?” in the ‘comments’ AND ‘like’ the contest post.
This Contest begins on Wednesday, November 01, 2023 at 12:01 a.m. and closes on Saturday November 28, 2023 at 11:59 p.m. Eastern Standard Time (EST), after which time no other entries will be accepted.
The sponsor of this Contest is TOPO Athletic Canada (“Sponsor”) operating as: The Olde Shoe House Ltd (TOSH)
To enter the Contest, you must agree to these Official Rules (the “Rules”). Therefore, please read the following rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. These Official Rules form a binding legal agreement between you and the Contest Sponsor with respect to the Contest. If in disagreement with the Contest rules, all forms of entry are void and made ineligible to receive the prize.
No purchase, payment, or donation of any kind is necessary to enter or win; a purchase, payment, or donation will not increase the chance of winning. By entering, entrant agrees to be bound by these Official Rules and the decisions of the judges, which shall be final. The Contest starts at 11:59 a.m. Eastern Standard Time, November 1, 2023, and ends at 12:59 p.m. Eastern Standard Time, November 28, 2023 (“Contest Period”). All entries must be received by 12:59 p.m. Eastern Standard Time, November 28, 2023.
Who Can Enter
The Contest is intended for Canada only (void in Quebec) and will be evaluated according to Canada law. Do not enter the Contest unless you are located in Canada at the time of entry and are a legal resident Canada (void in Quebec).
To be eligible to participate in the Contest, entrants must be age 19 or older. Each entrant is allowed up to a total of unlimited entries (see ‘How to Enter’).
Employees of The Olde Shoe House Ltd (TOSH) and their subsidiaries and affiliated companies, advertising and promotion agencies and their immediate family members are ineligible. Sponsor’s and TOSH’ agents and/or independent contractors and their immediate family members are also ineligible. The term “immediate family member” includes spouses, grandparents, parents, siblings, children, and grandchildren.
How to Enter Instagram
One (1) entry for doing ONE (1) of the following actions:
‘Follow’ the official TOPO Athletic Canada Instagram account AND ‘send’ the contest post and/or ‘tag’ a friend and/or ‘repost’ Contest post AND ‘Like’ Contest post AND ‘Comment’ What Topo shoes are your favourite?' on the Contest post published to Instagram by TOPO Athletic Canada.
To qualify, Instagram comments must be made on posts published by official TOPO Athletic Canada account.
Terms and Conditions
Comments must be made ‘public’ (visible to others on the social platform). Direct messages to TOPO Athletic Canada do not qualify as an entry.
Each Entry must be in keeping with TOPO Athletic Canadas’ image and may not be profane, offensive, pornographic, defamatory or inappropriate as determined by TOPO Athletic Canada in TOPO Athletic Canadas’ sole discretion. TOPO Athletic Canada reserves the right to disqualify any Submission it deems to be not in keeping with TOPO Athletic Canadas’ image or co-sponsor’s image, profane, offensive, pornographic, defamatory, and/or inappropriate at TOPO Athletic Canadas’ sole discretion.
Each entry (hereinafter “Submission” or “Entry”) must comply with the terms and conditions of using the mentioned Social Platforms website found at:
Submissions that are not successfully posted to Facebook, Instagram, or platforms will not be considered.
Submissions must be made in English.
The person submitting the Entry will be deemed the entrant (“Entrant”). The Entrant is the one person who owns the email address associated with the Submission. If any group elects to collaborate on a Submission, they are required to designate one person as the Entrant who will be the agent of the group to enter the Contest, agree to the rules, and accept the prize(s). TOPO Athletic Canada, its affiliates, its program partners, and any others involved in the development and/or execution of this Contest are not responsible for any disputes among collaborators related to the Contest.
Each Entrant agrees not to submit any Entry that infringes upon any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations, or otherwise violates applicable Canadian law. Entries violating this section of the rules may be disqualified.
Each Entrant is limited to a total of five (5) submissions. Each Entrant is limited to be eligible to win one (1) prize. Each Entrant will be required to sign a release and affidavit for the Contest entry and must agree to abide by these rules.
TOPO Athletic Canada reserves the right, in their sole discretion, to remove or blur any non-material elements rather than disqualify an otherwise compliant Submission. TOPO Athletic Canada may elect to make these changes or ask the Entrant to do so. If TOPO Athletic Canada requests Entrant make these adjustments and Entrant chooses not to make these adjustments, the Submission is subject to disqualification.
By entering, each Entrant hereby releases and holds harmless TOPO Athletic Canada, TOSH, its program partners, and each of their subsidiaries and affiliates, and any others involved in the development and/or execution of this Contest, and the respective officers, directors, shareholders, agents, and employees of the same from any and all claims, demands, losses, promises, causes of action, and liabilities arising out of this Contest including travel.
Submissions that do not comply in all material respects with the Official Rules or that otherwise contain prohibited or inappropriate content in TOPO Athletic Canadas’ sole discretion will be disqualified, not published, and/or not considered for prizes.
By submitting an Entry, each Entrant agrees TOPO Athletic Canada shall unconditionally and irrevocably own the Entry submitted including all rights embodied therein in winning entries and that TOPO Athletic Canada and its designees may use, publish, adapt, modify, combine, or dispose of any Entry or Submission or elements there of any Entry or Submission online, in print, film, television, or any other media now or hereafter without additional compensation or notification to, or permission from, the Entrant, except as prohibited by law.
TOPO Athletic Canada and TOSH are not responsible for lost, late or misdirected mail; printing errors; server unavailability; or computer or any other electronic or telecommunications malfunction.
All Submissions received that are mutilated, tampered with, illegible, or from ineligible entrants will be void. All Submissions become the property of TOPO Athletic Canada and TOSH and will not be acknowledged or returned.
Any false information provided within the context of the Contest by any participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules, or the like, may result in the immediate elimination of the participant from the Contest. The Contest Sponsor further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates Canadian or applicable province or local law.
One (1) Entrant Grand Prize Winner (“Grand Prize Winner”) will be selected by a random selection process chosen by TOPO Athletic Canada.
‘Instagram’ The one (1) grand prize winner will receive one (1) TOPO Hoodie (model#WH04 or MH04) and a TOPO Technical Trucker HAT and and TOPO water bottle and TOPO Buff.
No substitutions for the prize will be allowed. Void where restricted or prohibited.
Odds of winning depend on the number of Entries received.
Winners are solely responsible for all taxes and/or fees that may be incurred. All prize winners are required to verify proper and legal picture identification within 2 days of notification of winning the prize. Winner may forfeit any and all prize winning if verification cannot or has not been made within 2 days. Upon proper verification, prize winning will be awarded by courier to winner’s mailing address within ten (10) business days.
The winner will be notified via public social media mention and direct message and must show valid photo identification to claim their prize. TOPO Athletic Canada and TOSH reserve the right to examine additional identification and may choose to accept or deny awarding the prize based on the identification presented.
By participating in the Contest, each participant and the Grand Prize Winner waives any and all claims of liability against TOPO Athletic Canada and TOSH, and their respective employees and agents, for any personal injury or loss that may occur from the conduct of, or participation in, the Contest, or from the use of any prize. The Grand Prize Winner will be required to complete a release and affidavit prior to acceptance of any prize.
By claiming a prize, the Grand Prize Winner authorizes the use, without additional compensation, of his or her name and/or likeness and/or voice/photograph and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including, without limitation, radio broadcasts; newspapers and other publications; television or film releases; slides; videotape; distribution over the Internet; and picture date storage) TOPO Athletic Canada or TOSH may deem appropriate.
To obtain the name of the Grand Prize Winner of the Contest, send a separate, self-addressed, stamped envelope to Legal Department, TOPO Athletic Canada, PO BOX 25056, Burlington, Ontario L7N 0V8, by December 31, 2023.
The conduct of the Contest is governed by the applicable laws of Canada and any applicable provincial laws, which take precedence over any rule to the contrary herein. All claims relating in any manner to this Contest or to any Submission must be resolved in the province courts in Halton Region, Ontario, Canada.
TOPO Athletic Canada and TOSH are not liable for any lost or stolen entries, prizes or contest information.
By participating in the Contest, participants agree to be bound by the decisions of TOPO Athletic Canada personnel. TOPO Athletic Canada reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means. TOPO Athletic Canada will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and their decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, intentional interference or any event beyond the control of TOPO Athletic Canada, TOPO Athletic Canada reserves the right to terminate this Contest or make such other decisions regarding the outcome as TOPO Athletic Canada deems appropriate. All decisions will be made by TOPO Athletic Canada and are final. TOPO Athletic Canada may waive any of these rules in its sole discretion.
TOPO Athletic Canada and TOSH reserves the right not to award any prizes if none of the entries received meet the stated Contest criteria, in TOPO Athletic Canada’ sole discretion.
TOPO Athletic Canada and the TOSH take no responsibility and assume no liability for any omissions, acts or damages that may result from the preparing of materials to submit to this Contest. TOPO Athletic Canada and TOSH stress that producers safely conduct their projects and avoid potentially dangerous production situations that put crew, actors, the public or any other persons at risk.
Intellectual Property Rights
By submitting any entry, entrants thereby grant to TOPO Athletic Canada and TOSH and their affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted work (including the photograph and all aspects and elements thereof) or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to TOPO Athletic Canada and TOSH include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted work.
By submitting an entry, entrants thereby represent and warrant that the submitted work or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and the entrants affirm they have the right to grant any and all rights and licenses granted to TOPO Athletic Canada and/or TOSH herein, including but not limited to, all necessary rights under copyright, free and clear of any claims or encumbrances.
Entrants acknowledge and agree that TOPO Athletic Canada and the TOSH shall have no obligation to post, display or otherwise make publicly available any work submitted by the entrant, and may, in their sole and unfettered discretion, remove, edit, modify or delete any work that the entrant submits.
Waiver of Liability and Agreement to Indemnify
By submitting any entry, each entrant, its, his, her or their heirs, successors and assigns (“entrant”) thereby releases, forever discharges and covenants not to make a claim against or sue TOPO Athletic Canada, TOSH and their parents, subsidiaries and affiliates, licensees, employees, officers, directors, representatives, successors and assigns (“TOPO Athletic Canada and TOSH”), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent, which entrant may have or hereafter have against TOPO Athletic Canada and TOSH by reason of any injuries or damages entrant may sustain, whether to entrant’s person, property, reputation, or otherwise, as a result of, incident to, or related in any way to the entry, the Contest, or the use, incorporation or exploitation of the entry for any purpose described herein. Entrant waives and foregoes the right to seek injunctive relief against anyone relating in any way to the entry, the Contest, or the use, incorporation, or exploitation of the materials for any purpose described herein. Entrant agrees to indemnify and hold harmless TOPO Athletic Canada and TOSH from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys’ fees) and expenses arising in connection with any breach or alleged breach by the Entrant of any representation made in the entry or by virtue of submitting the entry.