Hillberg & Berk Contest Official Contest Rules

NO PURCHASE NECESSARY TO ENTER TO WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING A PRIZE. 

  1. CONTEST

The Hillberg & Berk Accessories Inc. (the “Contest Sponsor” or “Hillberg & Berk”) Giveaway contest (the “Contest”) begins on October 9  at 12:00 p.m. CST and ends on November 6 at 11:59 p.m. CST (the “Contest Period”). 

  1. ELIGIBILITY

To be eligible for the Contest, a participant must be engaged through the Facebook entry form associated with the website www.hillbergandberk.com.

  • Legal residents of Canada (excluding residents of the province of Quebec).
  • Aged 14 or older as of the date of entry. If the entrant is under the age of majority in his or her eligible province, or territory, they must provide the name and contact information of his or her legal parent or guardian in order to maintain eligibility.
  • Hold a valid email address on the Contest Closing Time.

(“Eligible Entrant”)

A participant is not eligible to enter the Contest if they are a staff member or an employee of Hillberg & Berk, including a member of the immediate family (defined as mother, father, brother, sister, son, daughter and husband or wife, regardless of where they reside) or household of any of the above persons, their respective affiliates, agents, licensors, associates, or representatives.  All decisions regarding eligibility to enter the Contest will be determined by Hillberg & Berk in its sole and unfettered discretion.  The Contest is void, or the Eligible Entrant ineligible, where the legal requirements or restrictions of any jurisdiction prohibit or render illegal the Contest or the eligibility of an individual.

  1. PARTICIPATION

 Participating in this Contest and by submitting an Entry Submission constitutes an agreement by each participant that they agree to be fully and unconditionally bound by these Official Rules, and represent and warrant that they meet eligibility requirements.

  1. HOW TO ENTER/ENTRY SUBMISSION REQUIREMENTS

To enter the Contest, Eligible Entrants must do the following within the Contest Period: [How do they enter is it via the website?]

  1. Entrants must complete the Facebook entry form associated with the contest and provide all information requested, including the name and contact of a legal parent or guardian (where applicable) and submit it before the Contest Closing Time (the “Entry Submission”).  An Eligible Entrant must fully complete an online Entry Submission before the Contest Closing Time.  All Entry Submissions will be reviewed, and those which are deemed to be late, illegible, incomplete, inaccurate, inappropriate, offensive, plagiarized, subject to copyright or other intellectual property considerations, non-compliant with privacy considerations, and otherwise, or which are deemed to not enhance the reputation of Hillberg & Berk will be disqualified.  All of these determinations will be in the sole discretion of Hillberg & Berk and its agents and/or representatives. All submitted Entry Submissions become the property of Hillberg & Berk and will not be returned. 

Limit of one (1) Entry Submission per person. If it is discovered that an individual has attempted to enter more than one Entry Submission, whether using falsified information, fraudulent conduct, or other means, all of the individual’s entries will be void. 

  1. CONTEST SCHEDULE

There will be one (1) draw for the Prizes as provided for in paragraph 7.  Entry Submissions must be received before 11:59 p.m. CST on November 6, 2020 (the “Contest Closing Time”) so as to be eligible for a Prize. 

  1. NUMBER, APPROXIMATE VALUE OF PRIZES AND CHANCES OF WINNING.

 There are two (2) prizes available to be won in the Contest:  The Prizes are described in paragraph 10 below.  The chances of winning a Prize will depend upon the number of Eligible Entrants received in accordance with these Official Rules by the Contest Closing Time

 No cash or other prize substitution shall be permitted except at Hillberg & Berk’s’ sole discretion. The Prize is non-transferable. Hillberg & Berk will cover the costs of shipping a Prize to the Winner, however any and all other prize-related expenses, including without limitation any and all federal, provincial, and/or local taxes, shall be the sole responsibility of the Winner. No substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent by Winner is permitted. Acceptance of a prize constitutes permission for Hillberg & Berk to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

  1. CONTEST DRAW DETAILS

An Eligible Entrant can only win one (1) Prize.  The Eligible Entrant whose Entry Ballot is drawn (the “Selected Entrant”) and has complied with these Official Rules will be the winner of the Prize (a “Winner”).

If necessary, should the Prize be unclaimed, or should the Selected Entrant be unwilling, unable or ineligible to win the Prize as set out in these Official Rules, the Prize will be forfeited and Excel Homes shall have the right to draw, as a replacement only, an additional Entry Ballot.

All determinations of the Selected Entrant and the Winner by Excel Homes are final and binding.  No communication with Eligible Entrants will be entered into except with the Selected Entrant.  All matters related to the Draw and the verification of the eligibility of the Selected Entrant to be declared a Winner shall be conducted by Excel Homes, or by persons designated by Excel Homes in its sole and absolute discretion.  All decisions made by Excel Homes in this regard are final and binding and cannot be challenged.

  1. WINNER SELECTION

The potential Contest winners will be chosen by a random draw from the total number of Eligible Entrants received during the Contest Period. The odds of winning depend on the total number of eligible entries to the Contest by the Contest Closing Time.

The draw for both Prizes is to be held on November 9, 2020 at 9:00 a.m. CST (the “Draw Date”).  A selected Eligible Entrant shall therein be referred to as a “Selected Entrant”.

Each Selected Entrant will be contacted by the Contest Sponsor through the channel from which they originally provided their Entry Submission (Instagram direct message, Facebook Messenger, or email). The Selected Entrant must respond to the Contest Sponsor within forty-eight (48) hours to maintain their eligibility. If a Selected Entrant does not reply to claim a Prize within forty-eight (48) hours of notification, another Eligible Entrant may be selected, at the sole discretion of the Contest Sponsor, and the first Selected Entrant will have no further claim to a Prize. 

  1. DECLARATION OF WINNER

 The Selected Entrant will not be declared a winner in accordance with these Official Rules unless and until:

  • Hillberg & Berk or its agents and/or representatives have determined that such entrant is an Eligible Entrant pursuant to these Official Rules;
  • The Selected Entrant correctly answers a time limited skill testing question as provided for in these Official Rules.

 Once this verification takes place the Selected Entrant will be declared a Winner.  The Prize will be delivered to a declared Winner at the address submitted with their Entry Submission within a reasonable amount of time, taking into consideration any disruption due to Covid-19, or otherwise.  Hillberg & Berk is not responsible for misdirected or lost deliveries, or deliveries which have been tampered with.

  1. PRIZES

There are two (2) prizes in this Contest being a Gemstone Birthstone necklace and earrings set and a Lapis Sparkle Ball™ necklace and earrings set, each with an approximate retail value of $170 (Canadian) (the “Prize” or “Prizes” which will be drawn in accordance with these Official Rules.  

  1. SKILL-TESTING QUESTION

 To win a Prize, the Selected Entrant must correctly answer unaided, the mathematical, time-limited, skill-testing question as follows:  60 multiplied by 4 divided by 6 minus 15 = prior to being declared a Winner.

  1. CONTEST MODIFICATION OR CANCELLATION

Hillberg & Berk reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify, suspend or extend the Contest in any way, if it determines, in its sole discretion, that the Contest is, impaired or corrupted or that fraud or technical problems, failures or malfunctions (including without limitation, computer viruses, glitches or printing or production errors) have destroyed or severely undermined the proper conduct, integrity, and/or feasibility of the Contest.  In the event Hillberg & Berk is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or manmade epidemic or health or other means, earthquake, explosion, labour dispute or strike, act of God or public enemy, riot or civil disturbance, terrorist threat or activity, war or any federal, provincial or local government law, order, or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within Hillberg & Berk’s control, then subject to any governmental approval which may be required, Hillberg & Berk shall have the right to modify, suspend, amend extend or terminate the Contest. 

  1. DISQUALIFICATION

It is the participant’s responsibility to ensure that he/she has complied in full with all of the conditions and requirements contained in these Official Rules.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize, whatever the case may be, for any reason prior to award, such potential winner will be disqualified and, in Hillberg & Berk’s sole discretion, an alternate Winner may be selected.  No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple Entry Submissions will be accepted.  Hillberg & Berk reserves the right, in its sole discretion, to disqualify any individual who is found to be tampering or attempting to tamper with the entry process or the operation of the Contest; violating the terms of use and or general rules or guidelines of Hillberg & Berk or to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of this Contest, or to annoy, abuse, threaten or harass any other person.  Hillberg & Berk reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  ATTENTION: ANY ATTEMPT TO DELIBERATELY DAMAGE WWW.HILLBERGANDBERK.COM OR ANY RELATED WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HILLBERG & BERK RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

  1. RELEASE AND INDEMNIFICATION

By entering the Contest, each Eligible Entrant:  (a) releases and agrees to hold Hillberg & Berk, its respective shareholders, directors, officers, employees and agents harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, bodily injury and property damage, or any other damage or loss, due in whole or in part, directly or indirectly, to participation in this Contest, any Contest related activity, or from acceptance, possession, use or misuse of a Prize or participation in any Prize related activity; and (b) agrees to fully indemnify Hillberg & Berk and its respective shareholders, directors, officers, employees and agents from any and all claims on the part of any third party or parties related in any way and for any reason to the Contest or to a Prize, including, without limitation, death, and personal or property damage or injury.

  1. LIMITATION OF LIABILITY

Hillberg & Berk assumes no responsibility or liability for incorrect, damaged, illegible, incomplete, mutilated, spoiled, destroyed, stolen, misplaced, lost, late, misdirected or incomplete Entry Submissions, which may be judged void, any notifications, responses, replies, or for any computer, telephone, hardware, software or technical malfunctions that may occur.  Hillberg & Berk assumes no responsibility for any theft or destruction or unauthorized access to, or alteration of, Entry Submissions.  Hillberg & Berk is not responsible for any injury or damage to participants in this Contest. 

WITHOUT LIMITING THE FOREGOING, HILLBERG & BERK DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE THE SITE, OR INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT THEREON, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF HILLBERG & BERK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITING THE FOREGOING, YOU AND NOT HILLBERG & BERK ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION IN THE EVENT OF SUCH LOSS OR DAMAGE.  IF APPLICABLE LAW DOES NOT ALLOW FOR ALL OR ANY PART OF THIS LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

  1. DISCLAIMER OF WARRANTIES

THE HILLBERG & BERK WEBSITE, THE INFORMATION ABOUT HILLBERG & BERK AND ANY DOCUMENTS ARE PROVIDED BY HILLBERG & BERK ON AN “AS IS" AND "AS AVAILABLE" BASIS.  HILLBERG & BERK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ANY ASPECT OF THE INFORMATION, CONTENT, MATERIALS, DOCUMENTS OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE, EXCEPT REGARDING THE SUBMITTED QUALIFICATIONS OF THE DENTIST REGISTRANTS AS SET OUT HEREIN.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE CONTENT THEREIN IS AT YOUR SOLE RISK.  

  1. PRIVACY

 By entering this Contest, each participant expressly consents to Hillberg & Berk, its agents and/or representatives, collecting, using and disclosing your personal contact information provided in an Entry Submission for the purposes of administering this Contest, unless otherwise provided for in the Contest Rules.  The Contest Sponsor will not sell or transmit this information to third parties except for the purposes of administering this Contest and the Contest will be run in compliance with the Contest Sponsor’s privacy policy, which may be found in full at https://hillbergandberk.com/pages/client-care#privacy-policy. Any questions concerning personal contact information held by the Contest Sponsor should be directed to Hillberg & Berk at inquire@hillbergandberk.com.  By participating in the Contest participant expressly consents to Hillberg & Berk, and its agents and/or representatives communicating with the participants by electronic messages sent in accordance with applicable legislation for commercial activities that are associated with this Contest, or referenced in these Official Rules.

  1. COPYRIGHT AND TRADE MARKS OF HILLBERG & BERK:

The photographs, text, illustrations, look and feel, and underlying software coding found on the Hillberg & Berk website, are protected under the copyright laws of Canada and other countries.  You are not permitted to reproduce any part of the Website without the express written permission of Hillberg & Berk  You are also not permitted to use, display or promote the name, trade-mark(s), or logo(s) of Hillberg & Berk listed on the Website.  Any documents found on the Website, and any that are available for download through the Website are protected under the copyright laws of Canada and other countries. You agree to ensure that any copyright notice along with any other notices and disclaimers appearing on these Documents are reproduced and retained on all copies in the same form and manner as on the original.

  1. PUBLICITY RELEASE

 By entering the Contest, each Eligible Entrant whose Entry Submission is drawn hereby agrees and grants to Hillberg & Berk, without further compensation, the unrestricted rights, but not the obligation, to the use his/her name, picture, portrait, likeness, voice, along with his/her address (City and Province) and any statements made by or attributed to such Eligible Entrant in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the universe, for advertising and promotional purposes in connection with the Contest and other promotions, without further notice or compensation and releases Hillberg & Berk from any liability with respect thereto.

  1. OFFICIAL RULES AND LAWS

These are the official Contest rules (the “Official Rules”).  This Contest and its administration is governed by and construed and enforced in accordance with the laws of the Province of Saskatchewan, Canada, and the federal laws of Canada applicable therein, and the parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan. These Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Hillberg & Berk.  These Official Rules, as amended from time to time, will be posted at ________________.  [Note the Link to these Contest rules will be inserted here].

  1. CONSTRUCTION

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained in these Official Rules.  Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.  These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Hillberg & Berk.  Employees of Hillberg & Berk are not authorized to modify, amend or waive these Official Rules.

  1. DISPUTES:

A participant, by participating in this Contest and submitting an Entry Submission (whether such participant is an Eligible Entrant or is disqualified) agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; any and all claims, judgments and awards shall be limited to direct out-of-pocket costs incurred, including costs associated with entering this Contest but in no event lawyers’ fees; and all rights to claim punitive, incidental and consequential damages, multiple damages and any other damages, other than direct out-of-pocket expenses, are hereby irrevocably waived. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL SUCH PARTICIPANTS

  1. FACEBOOK:

 The Contest hosted by Hillberg & Berk is in no way sponsored, endorsed, administered by, or associated with Facebook.