Nurse Appreciation
Contest Official Rules
Official Rules
Klik Fits 1.
Contest: Klik Fits™ Nurse Appreciation Contest
Toronto, ON M3H 5S4, Canada
2.
Sponsor: Industrial Textiles Limited
(416)736-4261
3.
Contest Period: Entrants may register for the Contest starting 12:00:00 A.M. Eastern Time (ET) on
May 1, 2015 until 11:59:59 P.M. ET on May 31, 2015 (“Contest Period”). However, voting on entrants’
Submissions (defined below) will only occur from 12:00:00 A.M. Eastern Time (ET) on May 1, 2015 until
11:59:59 P.M. ET on May 31, 2015 (“Voting Period”). During the Voting Period, a “Day” starts at 12:00:00
A.M. ET and ends at 11:59:59 P.M. ET. The sole determinant of time for the purposes of this Contest,
including receipt of a valid entry, will be the Contest computer servers (“Contest computers”). Proof
of transmission (screenshots or captures, etc.) or attempted transmission does not constitute proof of
delivery or receipt by the Contest computers or Sponsor.
4.
Eligibility: To enter, you must: (a) be a legal resident of and located in Ontario throughout the Contest
Period; (b) have reached the age of majority in Ontario at the time of entry; (c) be a registered nurse
in Canada including RN, RPN and NP; and (d) You are not eligible to enter if you are an employee,
officer, director, agent or representative of Sponsor, its affiliated and related companies (including,
without limitation, its parent, sister and subsidiary companies), the independent contest organization,
advertising and promotional agencies, or other party in any way involved in the development or
administration of this Contest, including suppliers of materials or services related to the Contest,
or a member of the immediate family or household of any such employee. In these Official Rules,
“immediate family” means mother, father, brothers, sisters, sons, daughters and/or legal or commonlaw spouse, regardless of where they reside. Groups, clubs, organizations, businesses and commercial
and non-commercial entities cannot participate.
5.
How to Enter: No purchase necessary. To enter, (a) visit and “Like” the KLIK FITS™ Facebook page at
facebook.com/klikfits and/or visit and “Follow” the KLIK FITS™ Twitter feed at twitter.com/klikfits; (b)
select the Contest post to be taken to the Contest microsite (“Contest Website”); (c) set up a profile
by providing the required information, including the type of nurse you are, the name of the healthcare
facility, clinic, or hospital at which you work, and the number of years you have worked in the healthcare
industry; and (d) provide a brief description, in English or French, of your role as a nurse, why you love
nursing and your most fulfilling experience as a nurse, and upload an image, in JPEG format, that
reflects your passion and love for nursing. (“Submission”).
6.
Rules Regarding Submissions: Each Submission: (1) must be your own original creation and created
for the purposes of this Contest. Modifying, enhancing or altering a third party’s pre-existing work does
not qualify as original creation; (2) must be about the entrant and submitted by that entrant and not a
third-party. For example, you cannot enter on behalf of another nurse; (3) must not identify any patients
or describe patients in such a way that the patient is identifiable, or disclose any personal or health
information relating to such patients; (4) must not violate the rights of any third party. For example,
your Submission must not defame, infringe or violate publicity or privacy rights of any person, living or
deceased, or otherwise infringe upon any person’s, entity’s or organization’s personal or proprietary
rights, including but not limited to, intellectual property rights; (5) without limiting the generality of
the foregoing, with the exception of Sponsor’s trademarks, must not contain, mention, depict, refer
or otherwise allude to the name or trademark of any third-party or any identifiable third parties; (6)
must not have been published previously, used commercially, submitted prior to this Contest or during
this Contest to another contest or promotion or won any other award; (7) must be appropriate for the
Contest and all ages, in “good taste” and in keeping with Sponsor’s image, as determined by Sponsor
in their sole and absolute discretion. For example, and without limitation, Contest must not be sexually
explicit or offensive, obscene, indecent, profane, discriminatory, hateful, harassing, threatening,
disparaging, defamatory, tortious, slanderous, or libelous or instigate others to commit illegal activities
as determined by Sponsor and/or the independent contest organization, in their sole and absolute
discretion; and, (8) must not contain any commercial content that promotes any product or service
other than those offered by Sponsor. Sponsor reserve the right to reject, modify, edit, or remove your
Submission and judge it void or disqualify it and you at any time, without notice to you, if, in the opinion
of Sponsor, acting in their sole and absolute discretion, the Submission does not comply with the Official
Rules, or could potentially expose Sponsor to lawsuits, embarrassment, adverse publicity or otherwise
reflect unfavorably on Sponsor.
7.
Granting Of Rights In Submissions: By submitting a Submission, each entrant: (1) represents, warrants
and undertakes to Sponsor that his/her Submission complies with these Official Rules, including
without limitation those in Rule 6 (above); (2) agrees that the Submission may be viewed by the
public, and that Sponsor will not be held liable for any copying, re-posting or unlawful use of his/her
Submission that may result with its posting; (3) irrevocably grants to Sponsor a non-exclusive license to
use, publish, display, produce, reproduce, perform, convert, adapt, publicly present, communicate to the
public, assign, sub-license, edit, dispose of, modify or otherwise use such Submission and any concepts
embodied therein, in whole or in part, in any way, in commerce, and in any and all media worldwide in
4630 Dufferin Street – Unit 19A,
[email protected]
klikfits.com
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connection with the Contest, including, without limitation, for advertising or promoting the Contest,
and in perpetuity, without limitation, review, notice approval or compensation; (4) irrevocably waives
all moral rights in and to the Submission in favour of Sponsor; (5) agrees not to upload, download,
distribute, disseminate, copy, reproduce the Submission or otherwise cause the Submission to be on any
public website other than the Contest Website; and, (6) represents and warrants that the Submission
does not contravene or infringe on anyone else’s copyright or other intellectual property, does not
contain any false, inaccurate or misleading material, does not violate any law or regulation, and does
not contain any viruses, worms, or other computer programming intended to or that could interfere with
the ability of others to enjoy the Contest Website.
Klik Fits 4630 Dufferin Street – Unit 19A,
Toronto, ON M3H 5S4, Canada
(416)736-4261
[email protected]
klikfits.com
8.
Limits on Entry: One (1) Submission per person for the Contest Period. You may use only one (1) e-mail
address to enter.
9.
Selection of Winner: Throughout the Voting Period, there are 2 ways to vote - visitors to the Contest
Website and the KLIK FITS™ Facebook page at facebook.com/klikfits can vote on their favourite
Submission based on the Voting Criteria, below. On or about May 6, 2015, Sponsor will determine the
entrants that are eligible to win the Grand Prize and Runner-Up Prizes (defined below) based on the
number of votes received. The entrant with the Submission with the highest number of votes at the end
of the Contest Period will be eligible to win the Grand Prize, and the entrant with the Submission with
the second highest number of votes at the end of the Contest Period will be eligible to win the RunnerUp Prize, pending winner confirmation. Odds of a Submission being selected depend on the number and
quality of Submissions received, as well as the number of votes received during the Voting Period. In the
event of a tie, the tied Submissions will be judged by a representative of Sponsor based on the voting
criteria below, and the decision of Sponsor’s representative will be final and binding.
Voting Criteria: All Submissions will be judged based on the following criteria: 25% originality, 25%
creativity, and 50% reflection of passion for nursing.
10. Rules on Voting: LIMIT: Voters can vote only one (1) time per Day during the Voting Period, regardless
of method of voting used. If it is discovered that attempts were made by a voter to: (a) vote more than
one (1) time per Day during the Voting Period; (b) use an automated, script, macro or robotic program(s)
to submit votes; (c) engage in systematic voting from the same computer/IP address; or, (d) otherwise
attempt to game or defeat the integrity of the voting system, as determined by Sponsor in its sole
and absolute discretion, then his/her votes and/or the Submission to which such votes relate may
be disqualified and judged void, in the sole and absolute discretion of Sponsor. If such an action is
necessary during the Voting Period, then Sponsor reserves the right, its sole and absolute discretion,
to reset the vote count associated with the Submission. All votes are subject to verification at any time,
in Sponsor’s sole and absolute discretion. Voters voting on Facebook must sign in to Facebook prior to
registering a vote.
11. Winner Confirmation: Each entrant whose Submission is selected as eligible to win a prize (“selected
entrant”) will be notified by e-mail within five (5) business days of the selection being made. Sponsor
will not be responsible for failed attempts to contact a selected entrant including but not limited to
if the e-mail is returned as undeliverable or the selected entrant cannot be reached by e-mail within
five (5) business days of the date the e-mail notification was sent. To be confirmed a winner, each
selected entrant must (i) reply to the e-mail notification within five (5) business days of the date the
e-mail notification was sent; (ii) correctly answer without assistance of any kind, whether mechanical
or otherwise, a time-limited, mathematical skill-testing question to be administered by e-mail; (iii) if
required by Sponsor, provide proof of identity; (iv) be confirmed by Sponsor and/or a committee of its
choosing to have met the eligibility requirements, including that s/he is a registered nurse employed at
the healthcare facility referenced in the Submission, and that his/her Submission complies with these
Official Rules; and (v) otherwise be in full compliance with these Official Rules. Selected entrants will
be required to sign and return within the specified time and by e-mail or fax, Sponsor’s Declaration of
Compliance with the Official Rules / Release of Liability and Consent to Publicity Form (“Prize Form”),
which includes, without limitation the selected entrant’s consent to the use of his/her name, address
(city and province/territory), photograph, image and/or likeness, statements regarding the Contest
or the prize and/or voice, without further notice or remuneration, in connection with any publicity
carried out by or on behalf of Sponsor with respect to the Contest including social media platforms.
If the selected entrant for the Grand Prize cannot be confirmed a winner as above, then Sponsor will
disqualify that entrant and confirm the selected entrant for the Runner-Up Prize as eligible to win the
Grand Prize. The process will repeat until such time as two (2) selected entrants are confirmed as
winners or there are no more eligible Submissions, whichever comes first. In such a case, neither the
selected entrant, nor any other person, shall have any claim against Sponsor arising out of or connected
to the disqualification or any other matter related to the Contest.
12. Prizes: There are a total of two (2) prizes available to be won, as follows:
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a.
Klik Fits 4630 Dufferin Street – Unit 19A,
Toronto, ON M3H 5S4, Canada
Grand Prize: a trip for the Grand Prize winner and one (1) guest to Riviera Maya, Mexico. The trip
will consist of: (i) two (2) return, economy class air transportation tickets departing from Toronto,
Ontario and arriving at Cancun International Airport; (ii) seven (7) nights hotel accommodations
in one (1) standard or economy double occupancy room at the Grand Sirenis Riviera Maya Hotel
and Spa; and (iii) round-trip ground transportation between the airport and the hotel in Cancun,
Mexico.
(416)736-4261
[email protected]
klikfits.com
Approximate retail value (“ARV”) of Grand Prize is $3000. Actual retail value may vary depending on
the departure date. Any difference between such approximate retail value and the actual value of
the prize as taken will not be awarded.
Travel Guest Eligibility: The travel guest must be a legal Canadian resident and must be at least
the age of majority in his/her province or territory of residence as of the start of the Contest Period.
The travel guest must sign and return the a Travel Guest Release of Liability and Publicity Release
Form (“Guest Prize Form”) by the date indicated on the Guest Prize Form indicating, among other
things, that he/she waives all recourse against the Releasees (as defined below) relating to his/her
participation in the Grand Prize and/or related activities (including, without limitation, any travel
related thereto).
Travel Dates and Restrictions: Travel must be taken between June 1, 2015 and February 20, 2016
or the prize will be forfeited and may be awarded to an alternate entrant, and Sponsor will have
no further obligation to the original Grand Prize winner. Reservations, including air travel, hotels
and tours will be accepted based on availability and are subject to blackout dates, such as July 18,
2015 to August 3, 2015, Christmas and New Year (December 17, 2015 to January 6, 2016), and must
be booked by October 31, 2015. All travel arrangements must be made through Sponsor or their
agent, including on an airline and at hotel of Sponsor’s choice, and all details and arrangements
for the Grand Prize, including travel dates and times, air transportation, ground transfers, and
accommodations are subject to Sponsor’s sole and absolute discretion and final approval and
availability. Any changes after booking are at Sponsor’s sole and absolute discretion. Once issued,
tickets are nontransferable and may not be reissued once travel has commenced. Open tickets
may not be issued and stopovers are not permitted. No frequent flyer miles will be available for
this trip.
General Conditions: (i) Grand Prize Winner and his/her travel guest must provide valid legal
identification to leave and re-enter Canada, and must be in possession of valid passports and other
travel documentation required for the trip prior to ticketing, and Grand Prize winner and his/her
travel guest accept full responsibility for obtaining these documents at their own expense. It is
recommended that the Grand Prize winner and travel guest obtain sufficient personal insurance
including medical insurance, prior to departure and visit a travel clinic for consultation on any
vaccinations or immunizations;. (ii) winner and his/her travel guest must be able to legally enter
Mexico; (iii) Grand Prize winner and his/her travel guest must travel when required and together
on the same itinerary, and all elements of travel must be taken during the same itinerary, or trip/
elements will be forfeited; (iv) Grand Prize winner and his/her travel guest are responsible for
ground transfers to and from the Grand Prize winner and/or travel guest’s residence and Pearson
International Airport (Toronto, Ontario); and (v) Grand Prize winner and his/her travel guest are
solely responsible for all costs and other expenses not specified herein, including but not limited
to taxes, any required vaccinations or immunizations, baggage costs, meals and beverages,
telephone, internet or fax charges, room service, gratuities, optional tours, insurance, medical
travel documents, medical expenses, personal expenses, any flight cancellation/delay charges,
and overnight layover expenses. Any special dietary requests must be made upon booking, and
Releasees take no responsibility for meeting such requests. Grand Prize winner and his/her travel
guest are solely responsible for ensuring special dietary needs are accommodated. If any special
dietary requests cannot be accommodated, the Releasees will attempt to advise the Grand Prize
winner. Grand Prize winner and/or his/her travel guest will be required to present a valid major
credit card at the time of hotel check-in to cover any incidental expenses. Should the Grand Prize
winner and/or travel guest not be able to obtain the necessary legal identification, to leave and
re-enter Canada and any necessary visas or other documents required, he/she will be disqualified
and the selected entrant for the Runner-Up prize another entrant may be selected. Sponsor is not
liable if the Grand Prize winner and/or his/her travel guest are refused access to a plane, entry into
Mexico, or re-entry into Canada. If travel is delayed, impeded, cancelled or refused by the Canadian
or any authorities or for any reason, Grand Prize may be forfeited (in whole or in part) and Grand
Prize winner and/or his/her travel guest will be responsible for any additional expenses incurred.
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b.
Klik Fits 4630 Dufferin Street – Unit 19A,
Toronto, ON M3H 5S4, Canada
(416)736-4261
[email protected]
klikfits.com
Runner-Up Prize: one (1) uniform set (one (1) top and one (1) bottom) from each Klik Fits™
collection (exclusions may apply). ARV of Runner-Up Prize is $275. After confirmation, Runner-Up
winner can contact Sponsor directly with his/her size and selection of top and bottom within thirty
(30) days of winner confirmation. Runner-Up prize will be sent by mail or courier within thirty (30)
days of winner confirmation. Shipped Runner-Up prize will not be insured and Sponsor will not
assume any liability for lost, damaged or misdirected prizes. If any Runner-Up prize is returned as
undeliverable for any reason whatsoever, the winner will forfeit his/her prize and the prize will not
be re-awarded nor re-delivered at a later date.
Limit of one (1) prize per household address. Prizes must be accepted as awarded without
representation, warranty or guarantee of any kind, and cannot be replaced if lost or stolen. No
substitution, conversion to cash, or transfer of prizes is permitted except that Sponsor may substitute
a prize of equal or greater value (based on the ARV of the prizes as stated in the Official Rules), if a
prize cannot be awarded as described for any reason. Prize winner is solely responsible for all costs not
expressly described as included herein.
13. Disqualified Submissions. In the following circumstances, Submissions will be judged void and
disqualified: Submissions that are late, lost, stolen, illegible, damaged, misdirected, mutilated, garbled
or incomplete (including but not limited to full name, address or any other information requested),
altered or otherwise irregular; Submissions submitted with an invalid e-mail; Submissions where the
associated full name does not accord with the name of the authorized account holder, defined below, of
the e-mail address submitted at the time of entry. Submissions must be submitted by the individual and
not by any other person on behalf of an entrant.
14. Disqualified Entrants. In the following circumstances, entrants will be disqualified and all of their
Submissions will be judged void and disqualified: Submissions generated by script, macro, robotic,
programmed, or other automated means; Submissions and/or entrants that do not comply with or
satisfy any or all of the conditions set out in these Official Rules including failure to provide the Sponsor
with proof of identification; Submissions submitted by unauthorized, prohibited or illicit means;
Submissions that contain false information; entrants who use more than one e-mail address to submit
Submissions; entrants who submit more than the stated number of Submissions permitted by the
Official Rules; entrants tampering or attempting to tamper with the entry process or the operation of
the Contest or the Contest Website; entrants acting in an unsportsmanlike or disruptive manner, or with
the intent to annoy, abuse, threaten or harass any other entrant, the independent contest organization,
Sponsor or Sponsor’s representative; entrants attempting to undermine the legitimate operation of the
Contest, for example, by cheating, hacking, deception, or other unfair playing practices. If Sponsor or
independent contest organization suspects any of these circumstances, the entrant will be contacted
as soon as practicable. Any prize inadvertently awarded to a selected entrant who ought to have been
disqualified by these Official Rules may be reclaimed by Sponsor. All Submissions become the property
of Sponsor upon receipt and none will be returned.
15. Entrants’ Agreement to Abide by Rules and Decisions: By entering the Contest, entrants acknowledge
that they have read and understood the Official Rules, and agreed to abide and be bound by them,
and the decisions of the independent contest organization and/or Sponsor, including their decisions
regarding the interpretation and application of these Official Rules, made in their sole and absolute
discretion, which shall be final and binding with respect to all aspects of the Contest and the awarding
of prizes. No correspondence will be entered into except with selected entrants and prize winners.
16. Civil and Criminal Remedies Available to Sponsor: CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY
OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR
TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL
AND/OR CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO
SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND TO BAN OR
DISQUALIFY AN ENTRANT FROM THIS AND FUTURE CONTESTS.
17. Release of Liability / Consent to Publicity: By entering, each entrant releases and holds harmless
Sponsor, its affiliated and related companies (including, without limitation, its parent, sister and
subsidiary companies), Facebook, Twitter, the independent contest organization, advertising and
promotional agencies, or other party in any way involved in the development or administration of
this Contest, including suppliers of materials or services related to the Contest and all of their
respective shareholders, directors, officers, employees, agents, representatives, successors and
assigns (collectively, the “Releasees”) from any claims or liability of any nature or kind arising out of,
or in connection with a prize or any portion thereof or this Contest, including as set out below in the
Limitation of Liability section.
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18. Limitation of Liability: The Releasees accept no responsibility for and each entrant releases and holds
harmless the Releasees from and against any and all losses, damages, actions, demands, liabilities or
claims of whatever nature or kind arising out of, or in connection with a prize or any portion thereof or
this Contest, including any claims based on publicity rights, defamation, invasion of privacy, copyright
Klik Fits 4630 Dufferin Street – Unit 19A,
Toronto, ON M3H 5S4, Canada
(416)736-4261
[email protected]
klikfits.com
infringement, trademark infringement and any other intellectual property related cause of action that
relates in any way to the Submission. Without limiting the generality of the forgoing, the Releasees
will not be responsible for (i) the incorrect or inaccurate capture of entry information; (ii) Submissions
or entrants disqualified for any of these reasons stated in these Official Rules; (iii) any loss, damage,
or claims caused by, or in any way related to an awarded prize or the Contest itself; (iv) any failure of
the Contest Website during the Contest Period, howsoever caused, including, without limitation, any
human or technical errors or malfunctions, lost, delayed or garbled data, transmissions, omissions,
interruptions, deletions, defects or failures of any telephone or computer lines or networks, technical
malfunctions of any computer on-line systems, servers, access providers, computer equipment,
software or any combination thereof, failure of any e-mail or Submission to be received on account of
technical problems or traffic congestion on the Internet or at any website, or any combination thereof
including, without limitation, any injury or damage to an entrant’s or any other person’s computer
related to or resulting from participating in or downloading any material connected to the Contest, all
of which may affect a person’s ability to participate in the Contest; (v) any errors, omissions, incorrect
or inaccurate information in any Contest-related materials, including, without limitation, printing or
advertising errors or the failure of or problems with any equipment or programming associated with
or used in the Contest howsoever caused; or (vi) the security or privacy of information transmitted via
computer networks or for breaches of privacy due to interference by third party computer “hackers” or
otherwise.
19. Disputes Regarding the Identity of an Entrant: In the event of a dispute, online Submissions will be
deemed to have been submitted by the authorized account holder of the e-mail address submitted
at the time of entry. “Authorized account holder” is defined as the person who is assigned an e-mail
address by an internet provider, online service provider, or other organization (e.g. business, educational
institute, etc.) that is responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. A selected entrant may be required to provide proof that he/she is the
authorized account holder of the e-mail address associated with the Submission to be confirmed a
winner. 20. General: The Contest is void where prohibited by law and is subject to all applicable federal, provincial/
territorial and municipal laws.
21. Rules Govern: The Contest will be run in accordance with the English Official Rules at Contest Website,
which shall prevail, govern and control in the event of any inconsistency with any Contest-related
materials.
22. Changes To Contest, Rule, Etc. Sponsor reserves the right to terminate, modify, or suspend the Contest
or to amend the Official Rules at any time, without prior individual notice, and for any reason. Without
limiting the foregoing, if, for any reason, such as tampering, the Contest does not run as originally
planned, Sponsor reserves the right to cancel the Contest and conduct the random draw from all
previously received eligible Submissions.
23. Intellectual Property: All intellectual property, including but not limited to trademarks, trade names,
designs, Contest materials, web pages, source code, drawings, illustrations, logos, slogans and
representations are owned by either Sponsor and/or their respective affiliates or authorized licensors.
All rights are reserved. Unauthorized copying or use of any copyrighted materials or intellectual
property without the express written consent of its owner is strictly prohibited.
24. Privacy: Sponsor respects your right to privacy. By entering the Contest and providing your personal
information, you consent to Sponsor’s collection and use of the entry information to administer this
Contest. Some information provided on entry will be publicly viewable. In particular, while you must
provide your entire name on entry, you may choose to display only your first name and the initial of your
last name. Other publicly viewable information includes: the tagline for your Submission, the hospital/
clinic/healthcare facility where you work, the province where you work, what kind of nurse you are and,
if provided, your profile picture. This information must be publicly viewable so that voters may be able
to consider your Submission and vote appropriately. By entering, you agree to the foregoing information
being publicly viewable. If you consented on entry, Sponsor may also use your contact information you
provided upon entry to contact you to promote upcoming contests, promotions, products, programs and
special events. Your entry information will be handled according to the privacy policy at Contest Website.
Your consent to Sponsor’s use of the entry information may be revoked at any time (without revoking
your participation in the Contest or impairing your chances of winning).
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25. Facebook and Twitter Disclaimer: The Contest is in no way sponsored, endorsed or administered by, or
associated with Facebook or Twitter. You understand that you are providing your information to Sponsor
and not to Facebook or Twitter. The information you provide will only be used to administer the Contest
in accordance with Sponsor’s privacy policy. Facebook and Twitter is completely released of all liability
by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be
directed to Sponsor and not Facebook or Twitter.