2020 Mitsubishi Motor Sales of Canada Inc. Win a $500 Gas Card Contest (“Contest”)
Official Rules and Regulations (“Rules”)
By entering the Contest, each entrant, is deemed to have accepted these Official Contest Rules and Regulations, which are subject to change without notice to Contest entrants, and automatically releases the Contest Sponsors and any other person or entity associated in any way with the Contest, and all of their respective affiliates, subsidiaries, directors, officers, employees, agents and their respective advertising and promotional agencies, from any and all liability arising in connection with the Contest, including, without limitation, the selection of the prize winner and the administration of the Contest.
This contest is open to Canadian residents only and is governed by Canadian law.
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
This Contest is sponsored by Mitsubishi Motor Sales of Canada Inc. (“Mitsubishi” or “Sponsor” or “MMSCAN”) The Contest runs from January 17, 2020 at 12:00:01 a.m. Eastern Time (“ET”) to March 29, 2020 at 11:59:59 p.m. ET(the “Contest Period”).
1. Residents of Canada who have reached the age of majority in their province or territory of residence at the time of entry may enter this Contest. Employees of, retirees of, immediate family members of, or those residing with an employee of Mitsubishi, Rack & Pinion Creative Inc., their respective (as applicable) agents and representatives, parent, affiliates, subsidiaries and dealers, advertising and promotional agencies, sponsors, suppliers of materials or services related to this Contest, are not eligible to enter this Contest. “Immediate family” is defined as parents, siblings, children, spouse, partner, or anyone with whom any of the above are domiciled.
2. No purchase necessary to enter. There is a limit of one (1) Entry (as hereinafter defined) per Facebook or Instagram account permitted per day during the Contest Period. For greater certainty, entrants can only use one (1) Facebook account and/or one (1) Instagram account to participate. Each Entry must be original and cannot be a duplicate, in whole or in part, of an Entry previously submitted in this Contest by an entrant. 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: (i) obtain more than one (1) Entry per Facebook or Instagram account per day during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities, 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 said entrant 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 Entries (all of which are void).
3. To participate in this Contest, entrants must have a valid Facebook or Instagram account and follow or like Mitsubishi Motor Sales of Canada, Inc. on Instagram @mitsubishican or on Facebook @MitsubishiMotorsCanada. Entrants who do not have a Facebook or Instagram account can visit facebook.com or instagram.com and follow the instructions provided to register for a free account. Entrants must set the Instagram or Facebook account they use to enter to permit public viewing in order for the Sponsor to receive their Entry(ies).
To enter the Contest (each an “Entry”; collectively “Entries”):
(i) At an Event: Attend the Mitsubishi vehicle display area at one (1) of the following events during the Contest Period (each an “Event”; collectively, “Events”):
(a) The Montréal International Autoshow, Palais de Congrès, 1001 Jean Paul Riopelle Pl, Montréal, QC H2Z 1H5 Place Jean-Paul-Riopelle, Montréal, QC H2Z 1H5, January 17-26, 2020;
(b) The Canadian International Autoshow, Metro Toronto Convention Centre, North (255 Front St. West, Toronto, ON M5V 2W6) and South (222 Bremner Blvd., Toronto, ON M5V 3L9) Buildings, February 14-23, 2020; or
(c) The Vancouver International Autoshow, Vancouver Convention Centre West, 1055 Canada Pl, Vancouver, BC V6C 0C3, March 25-29, 2020
To enter using Facebook during the Contest Period, take a fun family photo next to your favorite Mitsubishi vehicle at an Event and post it to your Facebook account using the hashtag #MitsubishiFamilySelfie or #FamilleMitsubishiSelfie. To be eligible, any photograph submitted is subject to and must comply with all applicable Facebook Terms and Policies, copies of which are available at facebook.com;
(ii) Without attending an Event: To enter the Contest without attending an Event, follow the instructions above for entering the Contest using Facebook and/or Instagram; however, the fun family photo next to your favorite Mitsubishi vehicle can be taken anywhere in Canada where your favourite Mitsubishi vehicle is located, including your local Mitsubishi dealership.
Each entrant will receive one (1) entry (each an “Entry”, collectively “Entries”) when the entrant submits an Entry in one (1) of the formats described above and in accordance with these Official Rules and Regulations (“Rules”). Any Entry that does not follow one of the above formats as determined by Sponsor will be ineligible for entry in this Contest. Entries must not infringe, misappropriate or violate any third party’s rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and not contain any content that is offensive, illegal, obscene or that is otherwise objectionable to Sponsor, in its sole discretion. By submitting an Entry in this Contest, each entrant certifies that the Entry submitted constitutes the entrant’s own unpublished work, and agrees to transfer all copyright to the Sponsor, and to waive all moral rights in and to such work. Further, the entrant confirms by submitting an Entry that no other person has any intellectual property rights or other interest in the Entry submitted and, further, confirms that in the event the entrant is a winner in the Contest, acceptance of the Prize will not result in the winner breaching the terms of any other agreement with a third party. For greater certainty, each entrant shall indemnify the Released Parties (as hereinafter defined) against any liability for any claims and associated costs that may be brought against them by any third parties with respect to any intellectual or other property rights in the submitted Entry.
Participants may be asked to consent to receive further electronic communications (for example, promotional posts, tweets, or emails) in connection with this Contest as well as for upcoming promotions and information about the Sponsor. Consenting to receive such communications is not a requirement to participate in the Contest, will not result in any additional Entries to the participants, and will not increase participants’ chances of winning.
4. PHOTOGRAPH GUIDELINES: In submitting a photograph as part of an Entry in this Contest, each entrant agrees that the photograph complies with these Rules including all guidelines provided in this Rule. The Released Parties bear no liability in connection with the use of any photograph by them or any of them and shall be held harmless by each entrant in the event it is subsequently discovered that an entrant has not complied with any of these guidelines, in whole or in part.
Photographs must comply with the following guidelines:
(i) Photographs must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Photographs must not contain or reference any names, products or services of any company or entity other than Sponsor (or an affiliate of the Sponsor) or any third party trademarks, logos, or promotion of any brand, product or service. Photographs may not violate any law, statute, ordinance or regulation;
(ii) Entrants are solely responsible for obtaining, prior to submitting a photograph, any and all releases and consents necessary to permit the publication, exhibition and/or use of the photograph by Sponsor in accordance with these Rules. If any person appearing in any photograph is under the age of majority in his/her jurisdiction of residence, the consent of such person’s parent or legal guardian is required before the photograph may be submitted;
(iii) Photographs that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libellous, obscene, or that otherwise contain inappropriate content or objectionable material may not be submitted and may be removed at any time in Sponsor's sole and unfettered discretion; and
(iv) Entrants may not be, nor may they work with parties in conjunction with a photograph who are: (a) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display a photograph in any media form; (b) subject to an acting or modeling contract that would make a party’s appearance in a submitted photograph a violation of any third-party rights; or (c) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the photograph in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
(v) By entering the Contest, each entrant: (a) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the submitted photograph, in whole or in part, for advertising or promoting the Contest or for any other reason; (b) waives all moral rights in and to his/her photograph in favour of the Sponsor; and (c) agrees to release and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any related cause of action.
5. All Entries are subject to verification at any time and for any reason by the Sponsor or any representative thereof. 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) for:
(i) purposes of verifying an individual’s eligibility to participate in this Contest;
(ii) purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or
(iii) any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest. 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 official time-keeping device(s) used by the Sponsor.
6. There are three (3) grand prizes (each a “Prize”; collectively, “Prizes”) available to be won in the Contest. Each Prize consists of one (1) CDN$500 gas card only redeemable at participating Esso-branded retail service stations across Canada. Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitution except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize with a prize of equal or greater value without liability. Prizes will only be awarded to the individuals whose verifiable Facebook or Instagram accounts, as applicable, are the sources of the selected Entries. Imperial Oil Limited is not a sponsor of nor does it specifically endorse this Contest. Redemption of Esso gift cards will be governed by such terms and conditions as may be determined by Imperial Oil Limited, in its sole discretion.
Any costs or expenses incurred by the winner in claiming or using a Prize will be the responsibility of the winner.
7. A random draw (each a "Draw") to award one (1) Prize in the Contest will be held on each of the following dates:
(i) January 27, 2020;
(ii) February 24, 2020; and
(iii) March 30, 2020.
(each a “Draw Date”) at approximately 2:00 p.m. ET at the offices of Rack and Pinion Creative Inc. 21 Randolph Ave, Suite 202, Toronto, ON, Canada M6P 4G4 from all valid Entries received immediately prior to the Draw. The odds of being selected as a potential winner in each Draw depend on the total number of valid Entries submitted and received in accordance with these Rules immediately prior to each Draw. Eligible Entries will not carry over from one Draw to the next.
8. Without limiting the generality of the foregoing, the following general conditions apply to the Prizes:
(i) upon notification, each confirmed winner will be required to accept delivery of the Prize within three (3) months of being declared a selected entrant from a Mitsubishi Motor Sales of Canada Inc. dealership or other location within Canada reasonably close to his/her place of residence in Canada as determined by Sponsor, in its sole and absolute discretion, and will be required to present adequate personal identification (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification);
(ii) each confirmed winner is solely responsible for all expenses that are not included in the Prize description above, and all other costs associated with claiming, or using the Prize.
9. NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. To be declared a winner and claim a Prize, the entrant selected for the Prize must:
(i) Be reached by direct message using the social media platform used to enter the Contest (either Instagram or Facebook) within five (5) business days of each Draw Date.
(ii) Correctly answer, without mechanical or other aid, a time-limited, mathematical skill-testing question posed at a mutually convenient time (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 Declaration and Release form).
(iii) Be eligible according to the Contest Rules and once the skill-testing question has been correctly answered, sign a Declaration and Release form that will be sent by mail or e-mail, and return it to the Sponsor or the Sponsor’s representative, duly completed, within ten (10) business days of its receipt. The Declaration and Release requires a potential winner to confirm, except where prohibited by law, acceptance of the Prize as awarded, agreement to be bound by the Contest Rules, eligibility to participate in this Contest and compliance with these Rules and to release Mitsubishi, Rack & Pinion Creative Inc., their respective (as applicable), parents, affiliates, subsidiaries, divisions, dealers, advertising and promotional agencies, sponsors, suppliers of prizes, materials or services related to this Contest, and all of their respective employees, directors, officers, shareholders, agents, successors and assigns (collectively, the “Released Parties”) from any liability and damages which could arise out of or are in any way related to the Contest and from the awarding, receipt, possession and/or use or misuse of any Prize.
(iv) If a selected participant (a)cannot be reached within five (5) business days of the Draw Date; or if there is a return of any notification as undeliverable (b) fails to correctly answer the skill- testing question; (c) declines the Prize; or (d) fails to return the properly executed Declaration and Release form within the specified time, then he/she will be disqualified and the Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries. The Sponsor will not be responsible for failed attempts to contact a selected participant.
Failure to comply with any of the above conditions or otherwise with the Rules, will result in the disqualification of the selected entrant. In this event, a new random draw from the remaining valid Entries received will be performed to award the applicable Prize and the entrant selected must be able to be communicate using the social media platform used to enter the Contest (either Instagram or Facebook) within five (5) business days of the new draw, failing which another draw will be held within a subsequent equal timeframe up until such a time as an official winner is declared or there are no remaining eligible Entries (whichever occurs first).
If, as a result of an error relating to the entry process, any drawing or any other aspect of the Contest or for any reason, there are more potential winners of the Prizes than contemplated in the Contest Rules, Mitsubishi may, at its sole discretion, conduct a random draw amongst all eligible Prize claimants after the end of the Contest Period to award the applicable Prize or may terminate or amend the Contest in whole or in part without notification to Contest participants.
10. Upon receipt of a Declaration and Release form, the Sponsor will notify each Prize winner of the manner in which he/she must take possession of the Prize. The Sponsor reserves the right to determine how the presentation of the Prize will occur.
11. By entering this Contest, each winner authorizes the Sponsor and its representatives to use in any related publicity, if required, his/her name, photograph, image, any statements he/she may make regarding the Prize, place of residence and/or voice for advertising purposes worldwide in perpetuity and in any form of media including the Internet, without any form of compensation, or further notice, except where prohibited by law.
12. All Entries become the property of the Sponsor. No communication or correspondence will be exchanged with entrants, except with the entrants selected to win the Prizes or unless an entrant otherwise provides express consent.
13. All Entries are subject to verification by the Contest organizers. The Release Parties are not responsible or liable for,
(i) late, lost, delayed, not received, damaged, misdirected, incomplete, stolen, fraudulent, or illegible Entries (all of which shall be automatically void and not eligible for the Prize);
(ii) failure to receive, capture or record Entries and/or other Contest information for any reason whatsoever including but not limited to transmission failures, busy signals, traffic congestion on the Internet or at any website or technical problems or failures of any kind, including without limitation, malfunctioning of any network servers, access providers, hardware or software, platform or device, whether originating with sender or recipient or
(iii) any injury or damage to entrant's or any other person's computer or other device related to or resulting from participation or downloading any materials in this and breaches of privacy due to interference by third party computer “hackers”. The Sponsor reserves the right to void any Entry and/or cancel or modify the Contest in whole or in part (without notice to entrants individually) if, in its sole discretion, it determines that for any reason (such as tampering or any other cause beyond its control) the Contest is not capable of running as originally planned, fraud, human, printing or distribution errors, or any other causes or occurrences have compromised the administration, safety, fairness or integrity of the Contest (subject, if applicable, to the approval of the Régie des alcools, des courses et des jeux du Québec (“Régie”)). Any person entering this Contest or trying to do so by any means which go against the intention of these Rules and which would be unfair to the other participants will be automatically disqualified and Mitsubishi reserves the right to seek remedies and damages to the fullest extent permitted by law - including criminal prosecution;
(iv) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or
(v) any combination of the above.
14. By entering this Contest, entrants accept and agree to be bound by these Rules and the decisions of the Sponsor, which are final, binding and conclusive on all matters relative to this Contest. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION 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.
15. In the event of a dispute regarding who submitted an Entry, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the social media account at the time of entry. “Authorized account holder” is defined as the person who is assigned social media account by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the social media account associated with the Entry in question.
16. The Sponsor reserves the right, subject only to the approval of 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, subject only to the approval of the Régie in Quebec, 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.
17. For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des course et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
19. 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 deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry 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.
20. 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, point of sale, television, print or online advertising 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.
21. 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 unenforceable provision were not contained herein.
22. The Contest is void where prohibited by law and is subject to all federal, provincial, territorial and municipal laws and regulations. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
Privacy Statement for Mitsubishi Motor Sales of Canada Inc.
1. How do you collect personal information and what personal information do you collect?
We collect personal information from you when you provide information directly to us, for example, when you contact us on the Site, make a brochure request, sign up to test drive a vehicle, or make inquiries to our webmaster.
Examples of personal information we collect and use are:
Your name, mailing address, email address, telephone number
Your vehicle information
Other personal information required to provide you with our products and services.
Like many websites, we collect personal information when you use the Site. Examples of personal information we may automatically collect when you use our Site are:
Your computer’s operating system, internet protocol (IP) address, browser type, your location
Your access times, language, the website that referred you and your usage and activity on our Site.
We may use third-party analytics services, cookies and other online tracking technologies to help analyze how you use our Site.
2. How do you use my personal information?
MMSCAN may use and share your personal information for the following purposes:
Administering and processing our services and products
Notifying you of the closest Mitsubishi Dealer
Generating statistics, measure the Site activities, personalize your experience on our Site, and detecting and preventing security threats
Understanding customer’s automotive needs and to increase awareness of the MMSCAN brand, products and services
Helping us develop and market our brand, products, services, promotions and advertising.
Communicating with you about our vehicles, new contests, promotions, rewards, special offers, upcoming events, and other news about MMSCAN and our selected partners
Processing and delivering contest entries and rewards
Communicating with you about our products and sending you related information, including confirmations, brochures, technical notices, updates, security alerts and support
Responding to requests for test drives, to comments, questions or other requests for information
Other purposes that we identify to you from time to time
2.1 Can I opt out?
If at any time you decide you no longer want to receive communications from MMSCAN or our selected partners, such as special offers, upcoming events or other marketing information, you can opt out. You can unsubscribe by clicking the unsubscribe function in the email you receive. Please allow 5-7 business days to process your request. Note that we may still send you non-promotional emails, such as emails about your account or our ongoing business relations.
3. How do you keep my personal information safe?
MMSCAN retains your personal information only as long as necessary or relevant for the purposes we identified or as required by law. We have implemented reasonable safeguards appropriate to the sensitivity of the personal information, from unauthorized disclosure, access or loss.
If MMSCAN uses third parties such as service providers, MMSCAN requires such service providers to use similar safeguards to those used by MMSCAN, and also requires service providers to limit access to your personal information and to keep it strictly confidential. Service providers are only permitted to use your personal information for the sole purpose of carrying out services on behalf of MMSCAN.
Your personal information may be stored and/or processed or otherwise used by or on behalf of MMSCAN both inside and outside of Canada. If a service provider is located outside Canada, your personal information may be processed and stored in a country that has laws that are different from those in Canada, and where the government (e.g. the United States) may be able to obtain disclosure of your personal information under its local laws.
4. What about third party links?
The information collected online permits MMSCAN to analyze traffic patterns on our Site, enabling us over time to provide visitors with a better experience by improving the content and making it easier to use.
You may be able to set your browser to notify you before you receive a cookie and disable cookies. Please note, if you disable cookies, some areas of the Site may not function properly.
5. How do you share my personal information?
6. How can I access my personal information?
If you request, we will let you know what personal information MMSCAN has about you, what it is being used for, and with whom it has been shared. If you notice any inaccuracies or wish to update any part of your personal information, we will look into that as well.
MMSCAN will provide you with access to your personal information that is in our possession, subject to certain exceptions, including information that is referenced to another individual’s personal information that cannot be severed, or information subject to solicitor-client privilege, or other legal restrictions that may prevent us from fulfilling your request.
To inquire whether MMSCAN has any personal information about you, you may contact us at:
Attention: Privacy Officer
Mitsubishi Motor Sales Of Canada
P.O. Box 41009
Copyright © 2015-2016 Mitsubishi Motor Sales of Canada, Inc.