NO PURCHASE, CONTRIBUTION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO WOMEN WHO ARE LEGAL OR PERMANENT RESIDENTS OF CANADA, EXCLUDING QUEBEC, AND WHO ARE NINETEEN (19) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW.
CONSUMER DISCLOSURE: You have not yet won.
By entering this “Maxim Hot 100 Canada Contest” (the “Contest”), eligible individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) accept and unconditionally agree to be bound by these Official Rules (the “Rules”). Judges will choose the winning entries and prizes will be awarded in accordance with these Rules. Any violation of the Rules, at Sponsor’s discretion, may result in disqualification. All decisions of Sponsor regarding this Contest are final and binding in all respects.
1. CONTEST PERIOD. This Contest begins at 12:00:01 am ET on October 7, 2017 and ends at 11:59:59 pm ET on November 4, 2017 (the “Contest Period). Sponsor may, in its sole discretion, extend the end date of the Contest Period.
2. ELIGIBILITY. The Contest is open only to individuals who are legal or permanent residents of Canada, excluding Quebec, and who are at least nineteen (19) years of age as of the date of entry. Only individuals may enter; no entry from any corporation or other entity shall be accepted. Directors, officers, members, agents, and employees of Sponsors, their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled are ineligible to participate in this Contest. By participating, Entrants warrant that they are eligible to participate in this Contest.
3. SPONSORS. The Contest is sponsored by Maxim Inc., Toronto Event Centre, and Toronto Argonauts Football Club (collectively referred to as “Sponsor”).
4. HOW TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN. To enter this Contest, visit a Maxim-branded “Selfie Station” located at the Toronto Event Centre on one or more of the following dates: October 7, 2017, October 21, 2017, and a date to be announced by Sponsor in November 2017 (each an “Argos Game Day”) and follow the on-site instructions, which will include taking a photograph at the Selfie Station that adheres to the Guidelines below (the “Photo Submission”). You will then enter the Contest via Instagram by posting your Photo Submission, as described below, during the Contest Period. If you do not have an Instagram account, you may create one by visiting www.instagram.com. Instagram accounts are free.
To enter the Contest, once logged into your own Instagram account:
- (a) follow @MaximMag at https://www.instagram.com/maximmag; and
- (b) post the Photo Submission on Instagram including the handle @MaximMag and the hashtag
LIMIT ONE INSTAGRAM ENTRY PER ENTRANT PER ARGOS GAME DAY. Subsequent Instagram Entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. Sponsor accepts no responsibility for Instagram Entries that are lost, delayed, illegible, incomplete, damaged, or mislaid, however caused.
5. FURTHER ENTRY CONDITIONS. Entrant must be the photographer of the Photo Submission. The Photo Submission must be taken at the Maxim Selfie Station and must only depict the Entrant. Entrants represent and warrant that their Photo Submission and Instagram Entry are the original work of such Entrant. Upon request, Entrant will furnish any and all necessary and proper agreements, clearances, permissions, and/or releases for the Photo Submission.
Entrants further represent and warrant that both their Photo Submission and Instagram Entry adhere to the fundamental spririt of the Contest and comply will the following guidelines (the “Guidelines”):
a.) Entrant is the sole unrestricted owner of the Photo Submission and has the right to post it on Instagram for the purposes of this Contest as set out in the Rules;
b.) Entrant has obtained all rights, authorizations or consents required in connection with the use and display of the Photo Submission for the purposes set out in the Rules;
c.) The Photo Submission is original and has not been previously published;
d.) The Photo Submission and Instagram Entry must not prominently (as determined by Sponsor in its discretion) depict or refer to any brand or trademark other than those of Sponsor;
e.) The Photo Submission and Instagram Entry must not contain any defamatory, obscene, threatening, indecent, offensive, or otherwise unlawful material;
f.) The Photo Submission and Instagram Entry cannot contain disparaging remarks about any person or entity, including but not limited to Sponsor or its affiliates, as determined in the sole discretion of Sponsor;
g.) The Photo Submission and Instagram Entry, or any component thereof, does not violate or infringe upon the intellectual property or other rights of any third party, including copyrights, trademarks, logos, or rights of privacy or publicity;
h.) The Photo Submission and Instagram Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
i.) The Photo Submission and Instagram Entry present content that, in Sponsor’s sole and absolute discretion, is suitable for the public at large;
j.) The Photo Submission and Instagram Entry comply with the Rules, as well as any applicable laws, rules, or regulations.
Sponsor reserves the right to disqualify any entrant whose Photo Submission contains, whether in whole or in part, obscene, defamatory, libelous, threatening, pornographic, profane, lewd, violent, illegal, fraudulent, graphic or vulgar content, slander, nudity, violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity, or that is otherwise unlawful or in contravention of applicable laws and regulations or is otherwise deemed by Sponsor, in its sole and absolute discretion, to be offensive or inappropriate or inconsistent with the spirit or theme of the Contest or with the MAXIM brand.
6. GRANT OF RIGHTS. By entering in this Contest, Entrant grants to Sponsor, its and their subsidiaries, successors, assigns, agents and licensees, without limitation and in perpetuity, the irrevocable right and license to incorporate, use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately transmit, have transmitted, create derivative works based upon, and promote the Photo Submission, Instagram Entry, and/or Entrant’s name, likeness, voice, and/or biographic information, in whole or in part, without additional compensation or consideration of any kind, for all purposes including the purposes set out herein in connection with the Contest, as well as in, and in connection with, the advertising, exhibiting, marketing, promotion and exploitation of Sponsor in any manner and in any and all media throughout the world, whether now known or hereinafter devised, including without limitation, print, radio, television, websites, digital applications, social media channels, and any other digital or interactive “electronic” media, in perpetuity, without restrictions as to changes or alterations thereof (except where prohibited by law). Without limiting the foregoing, each Entrant hereby waives all moral rights in and to the Photo Submission to the fullest extent permissible by law, including without limitation, the right to prevent any modifications, adaptations, additions, or deletions to the Photo Submission or any right of inspection or approval in respect thereof. Sponsor is under no obligation to use an Instgram Entry or Photo Submission.
7. WINNER SELECTION; JUDGING CRITERIA. Ten (10) Finalists and one (1) Winner will be selected from among the Entrants based upon the judges’ evaluation of the Entrants’ attractiveness and photogenic qualities, as well as the quality of the Photo Submission. Winning this Contest is not subject to random chance. The chances of winning depend on the number of eligible Instagram Entries received and the skill of the Entrant, compared to that of of the other Entrants, as determined by Sponsor-designated judges and Sponsor, based on the judging criteria.
8. WINNER NOTIFICATION. Potential Finalists and Winner will be notified via Instagram, email, telephone, or other means reasonably calculated to provide notice. Entrants consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants and compliance with these Rules, or for other reasons related to the Contest. If a potential winner: (i) is ineligible; (ii) cannot reasonably be contacted after two (2) attempts by Sponsor or within five (5) days from the date Sponsor first tries to notify him or her; or (iii) refuses the prize, such potential Finalist and/or Winner forfeits all rights to win the Contest or receive a prize, and an alternate finalist and/or winner may be selected from the eligible Instagram Entries received during the Contest Period.
9. PRIZES. There will be ten (10) finalists (each a “Finalist” and collectively, the “Finalists”) of the Contest and one (1) winner (the “Winner”) of the Contest. Ten (10) finalists will be showcased within an editorial feature on maxim.com in connection with the Contest. One (1) winning Entrant will be showcased within an exclusive editorial feature on maxim.com and may refer to herself as the “2017 Maxim Hot 100 Canada Search Winner” in written and descriptive materials but only if such uses and displays are purely non-commercial and in no event suggest or create any confusion whatsoever that Sponsor is endorsing or participating in any manner related to the use of its name, logos, or fonts.
10. WINNER VERIFICATION. Potential Finalists and the Winner will be required to provide positive identification specified by Sponsor to claim or participate in a prize and execute an affidavit of eligibility, a liability/publicity release, and other documents, as may be required or permitted by law. Except where prohibited: (i) entry into the Contest constitutes Entrant’s consent to the use of her name, likeness, biographical data, contact information and her Submission for editorial, advertising, trade, marketing, publicity, promotional, and administrative purposes by Sponsor and/or others authorized by Sponsor in any manner and in any media now known or hereafter devised throughout the world in perpetuity without review, notification, compensation, or approval; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of her Photo Submission or any prize; and (iii) if the prize involves travel or activities, any potential winner may be required to execute releases of Sponsor from any and all liability with respect to participation in such travel/activities and/or use of a prize. If any potential winner fails or refuses to sign and return said required documents within fifteen (15) days of prize notifications sent, the Winner may be disqualified and an alternate winner may be determined/selected.
By accepting a prize, the Finalists and the Winner agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Contest activity, including but not limited to participation in or use of a prize. The Finalists and the Winner understand and further agree that Sponsor has the right, in its sole discretion, to disqualify and remove them from any activity at any time if Sponsor determines that their behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the prize providers.
11. NO TRANSFER OR SUBSTITUTION. Prizes are not redeemable for cash, and no substitution, assignment, or transfer of any prize will be permitted, except that Sponsor reserves the right, in its sole discretion, to substitute any prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value.
12. RELEASE. By participating in this Contest, each Entrant hereby releases, discharges, and holds Sponsor, and any other party associated with the development or administration of this Contest, their parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors, and assigns (collectively, the “Sponsor Entities”) harmless from any and all liability, claims or actions of any kind whatsoever in connection with this Contest, including, without limitation, legal claims, costs, personal injuries, death, losses or damages of property, demands or actions of any kind (including without limitation rights of publicity, privacy, defamation, or portrayal in a false light). Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use, misuse, or possession of any prize awarded. Except where prohibited, each Entrant agrees that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Contest, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. This indemnification and release section survives the expiration of the Contest Period.
13. DISQUALIFICATION. Any false information provided by any Entrant concerning such Entrant’s identity or address or any non-compliance by an Entrant with these Rules may result in the immediate disqualification of the Entrant from this Contest. Persons found tampering with or abusing any aspect of this Contest, as determined by Sponsor, will be disqualified. If disqualified, Sponsor reserves the right to terminate the Entrant’s eligibility to participate in this and future promotions and contests of Sponsor or any of its respective subsidiaries or affiliates. In the event any portion of this Contest is compromised by any non-authorized human intervention, action of Entrants, or other causes beyond the control of Sponsor which, in the opinion of Sponsor, corrupt or impair the integrity, administration, security, or operation of this Contest, Sponsor reserves the right, at its discretion, to suspend or terminate the Contest and award the prizes from all eligible Entries received prior to the action or compromise giving rise to the suspension or termination of this Contest.
14. DISCLAIMERS; LIMITATION OF LIABILITY. SPONSOR, SPONSOR ENTITIES, AND ALL PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DMAGE TO PARICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST; INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF; THEFT; TAMPERING; DESTRUCTION; OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES; ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE.
ALL DECISIONS OF SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE CONTEST.
ALL ENTRANTS, FINALISTS, AND THE WINNER RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS SPONSOR, SPONSOR ENTITIES, AND ALL PRIZE PROVIDERS, AND THE OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS CONTEST, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS.
IN NO EVENT SHALL SPONSOR, SPONSOR ENTITIES, OR ANY PRIZE PROVIDER BE LIABLE OR OBLIGATED TO AN ENTRANT, FINALIST, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
All causes of action arising out of or connected with this promotion, or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments, and award shall be limited to actual out-of-pocket costs actually incurred, including costs associated with entering this Contest, if any, but in no event shall any award include attorneys’ fees.
15. IMPORTANT. This Contest is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook, Instagram, or Twitter.