THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
1. KEY DATES:
The Kijiji 10 Year Anniversary Contest (the “Contest”) begins on April 10, 2015 at 12:00:01 a.m. Eastern Time (“ET”) and ends on January 31, 2016 at 11:59:59 p.m. ET (the “Contest Period”). For the purposes of this Contest, there will be ten (10) Months (each, a “Month” and collectively, the “Months”), as follows:
(all 12:00:01 a.m. ET)
(all 11:59:59 p.m. ET)
||April 10, 2015
||April 30, 2015
||May 1, 2015
||May 10, 2015
||May 30, 2015
||June 1, 2015
||June 10, 2015
||June 30, 2015
||July 2, 2015
||July 10, 2015
||July 31, 2015
||August 3, 2015
||August 10, 2015
||August 31, 2015
||September 1, 2015
||September 10, 2015
||September 30, 2015
||October 1, 2015
||October 10, 2015
||October 31, 2015
||November 2, 2015
||November 10, 2015
||November 30, 2015
||December 1, 2015
||December 10, 2015
||December 30, 2015
||January 4, 2016
||January 10, 2016
||January 31, 2016
||February 1, 2016
Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Marktplaats BV (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual or entity involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”).
3. HOW TO ENTER:
NO PURCHASE NECESSARY. There are two (2) ways to enter the Contest, as follows:
a. Posting Ads on Kijiji:
In relation to each Month, there will be one (1) specified Category (each, a “Category” and collectively, the “Categories”). The Category for each Month is set-forth in the chart below in Rule 8. To earn one (1) Entry (each, an “Entry” and collectively, the “Entries”) in the Contest, you must complete the following two (2) steps:
• Stage 1: Post an Ad on Kijiji in the applicable Category for the Month: To post an advertisement (each, an “Ad”) on Kijiji, go to www.kijiji.ca and follow the on-screen instructions to post the Ad. To qualify for an Entry in a given Month, the Ad must be posted in the applicable Category for that Month. Posting the Ad will not cost you a penny. Note, you can elect to purchase features for the Ad – but, purchasing features for your Ad will NOT in any way whatsoever impact or increase your chances of winning in this Contest. To be eligible, your Ad must (all as determined by the Sponsor in its sole and absolute discretion):
- not be a copy (in whole or in part) of any other advertisement on Kijiji;
- be unique and original to you as the creator of the Ad;
- be in accordance with the specific Submission Requirements listed in these Official Rules and Regulations (the “Rules”) and all applicable Kijiji policies (including, without limitation, the policies available at: http://help.kijiji.net/ca/knowledgebase.php?category=5 – collectively, the “Kijiji Policies”);
- be a legitimate advertisement offering a legitimate item for sale, service or job offering;
- remain live on the Kijiji platform during the entirety of the applicable Month and not be removed until after the Draw Date for the applicable Month or later;
- remain unaltered during the entirety of the applicable Month – with the one exception being that you can add “NO LONGER AVAILABLE” at the end of the Ad title when the item, service or offering within the Ad is sold; and
- include the following disclaimer at the bottom of the Ad – “This ad is a contestant in a Kijiji Contest. See more details at kijijity.kijiji.ca”.
Any Ad not meeting the requirements noted above (or otherwise violating these Rules and/or the Kijiji Policies) will be subject to immediate disqualification in the sole and absolute discretion of the Sponsor.
• Stage 2: Send us Information: Once you have posted your Ad (as outlined above), go to kijijity.kijiji.ca (the “Website”) and follow the on-screen instructions to submit the following information via the Website: (i) Ad ID; (ii) the same valid email address used to post your Ad; and (iii) Ad Link (collectively, the “Entry”). Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor) all of the required information is not submitted and received via the Website. The Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Entries will only be valid during the applicable Month during which they are submitted and received in accordance with these Rules. FOR THE AVOIDANCE OF ANY DOUBT, ENTRIES DO NOT CARRY FORWARD TO BE INCLUDED IN THE RANDOM DRAW FOR ANY SUBSEQUENT MONTH. AS SUCH, IF YOU WANT A CHANCE TO WIN IN A GIVEN MONTH, THEN YOU NEED TO EARN AT LEAST ONE (1) ENTRY IN THAT MONTH IN ACCORDANCE WITH THESE RULES.
b. No Posting Necessary: Alternatively, to obtain an Entry in the Contest without posting an Ad, print your first name, last name and telephone number on a plain white piece of paper and mail it (in an envelope with sufficient postage) along with a fifty (50) word or more unique and original essay (the “Essay”) on Why I Love Kijiji to: 500 King St. West, Suite 200 Toronto, Ontario M5V 1L9 (the “Request”). Upon receipt of your Request in accordance with these Rules, you will receive one (1) Entry in the random draw for the applicable Month during which the Request was post-marked in accordance with these Rules (subject to the Entry Limit noted in Rule 4). To be eligible to earn an Entry in a given Month, any Request you send must: (i) be received separately in an envelope bearing sufficient postage (i.e. multiple Requests in the same envelope will be void); and (ii) be post-marked during the applicable Month and received by no later than the Draw Date for the applicable Month (See Rule 1). The Released Parties take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Requests (all of which are void).
4. ENTRY LIMIT:
There is a limit of ten (10) Entries per person, per Month (regardless of the method of entry) – but, each Entry you submit must relate to a unique and original Ad or Request (as determined by the Sponsor in its sole and absolute discretion). For greater certainty and the avoidance of any doubt, you can only use one (1) email address and one (1) Kijiji account to enter the Contest. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email addresses, Kijiji accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Released Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Ads, Entries, Requests or other information (all of which is void).
5. SPONSOR’S RIGHT TO VERIFY:
All Entries and Requests are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Ad, Request or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).
6. SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE AD) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE KIJIJI POLICIES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES OR THE KIJIJI POLICIES.
By participating in the Contest, each entrant hereby warrants and represents that any Ad he/she posts:
i. is original to him/her and that the entrant has obtained all necessary rights in and to the Ad (and all components thereof) for the purposes of entering the Ad in the Contest;
ii. is not a copy or reproduction (in whole or in part) of another Ad that exists (or previously existed) on the Kijiji platform;
iii. does not violate any law, statute, ordinance or regulation;
iv. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
v. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
vi. is in compliance with all applicable Kijiji Policies; and
vii. will not contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right, but does not have the obligation, to screen any and all Ads at any time and for any reason. Any Ad that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules and/or the Kijiji Policies is subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to modify, edit or remove any Ad, or to request an entrant to modify, edit and/or re-submit his or her Ad, in order to ensure that the Ad complies with these Rules, or for any other reason whatsoever. If such an action is necessary at any point during or after the Contest, then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Ad (and therefore the corresponding Entry and/or the associated entrant) – to ensure that the Contest is being conducted in accordance with the letter and spirit of these Rules.
Without limiting the generality of any Kijiji Policies – by entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Ad, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Ad in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Ad (or any component thereof).
8. THE PRIZES:
There will be a total of ten (10) prizes (each, a “Prize” and collectively the “Prizes”) available to be won – one (1) Prize per Month – as follows:
||Video Baby Monitor
||Buy & Sell
||Video Game Console
||Video Games, Consoles
||High End Stand Mixer
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.
9. ELIGIBLE WINNER SELECTION PROCESS:
On each Draw Date (each, a “Draw Date”) listed above in Rule 1 in Toronto, ON at approximately 1:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules in relation to the Month immediately preceeding the applicable Draw Date. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules in relation to the Month immediately preceeding the applicable Draw Date.
10. ELIGIBLE WINNER NOTIFICATION PROCESS:
In relation to each Month, the Sponsor or its designated representative will make a minimum of two (2) attempts to contact the eligible winner (using the information provided at the time of entry) within two (2) business days of the applicable Draw Date. If an eligible winner cannot be contacted within two (2) business days of the applicable Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in relation to the Month immediately preceeding the applicable Draw Date (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
11. ELIGIBLE WINNER CONFIRMATION PROCESS:
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or medium whatsoever, including print, broadcast or the internet. If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining eligible Entries submitted and received in accordance with these Rules in relation to the Month immediately preceeding the applicable Draw Date (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
12. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Ad, Request or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant, Entry, Ad, Request and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
For Quebec residents: 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 board only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.