Social Media Contest Rules (the “Contest”)
Official Contest Rules and Regulations
Last Updated: September 12, 2023
This contest is sponsored by Chewy Canada, Inc. (the “Contest Sponsor”) and is subject to the Terms of Use.
By entering this Contest, entrants agree to abide by these Official Contest Rules and Regulations ("Official Rules"). The decisions of the Contest Sponsor with respect to all aspects of the Contest are final. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, YouTube. You understand that you are providing your information to the Contest Sponsor. Any questions, comments or complaints regarding the Contest must be directed to the Contest Sponsor and not any of the above social media entities.
1. ELIGIBILITY
This contest is open to all legal residents of Canada (excluding residents of Quebec) who have reached the age of majority in the province or territory in which they reside. Employees, agents and representatives (and persons with whom they are domiciled and their immediate family members) of the Contest Sponsor, its subsidiaries, affiliates and its sponsors, advertising and promotional agencies, are not eligible to enter this Contest. For purposes of these Official Rules, an “immediate family member” is defined as a parent, sibling, child or a spouse.
2. HOW TO ENTER
NO PURCHASE NECESSARY
To enter this Contest, during the Contest Period, comment on or respond to Sponsor's Giveaway post (“Sponsor's Giveaway Post”) located on Sponsor's page on the applicable social media platform promoting this Contest (e.g., Facebook (Facebook.com/chewyincanada), Twitter (@Chewy), TikTok (@chewy_canada), and/or Instagram (@chewy_canada)) (each a “Social Media Platform") and follow the steps outlined in Sponsor's Giveaway Post. All comments, responses and/or posts will be referred to herein each as a "Submission." All Submissions must comply with the Guidelines and Restrictions defined below.
If you choose to enter using your mobile device, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
By entering, each entrant warrants and represents the following with respect to entrant's Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties included in the Submission have given entrant appropriate consent to be included in the Submission in accordance with these Official Rules. Sponsor reserves the right to request releases from any third parties included in any Submissions at any time. Failure to produce third party releases upon Sponsor's request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Providing a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
Limit one (1) Submission per person regardless of method of entry. Entrants are not permitted to submit a Submission more than once during the Contest Period. Duplicate Submissions by the same person will be subject to disqualification. All terms and conditions of the applicable Social Media Platform (e.g., Facebook.com, Twitter.com and/or Instagram.com) apply. Multiple entrants are not permitted to share the same Social Media Platform account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Social Media Platform accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Social Media Platform account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
3. ODDS OF WINNING
Odds of winning will depend upon the number of eligible entries received by the Contest Closing Date. All entries must be received by the Contest Closing Date in order to qualify. The Contest Sponsor will not be responsible for late, delayed, misdirected, lost, or incomplete entries. By entering the contest, entrants accept and agree to be bound by these Official Contest Rules, and accept the decisions of the Contest Sponsor as final and binding in all respects. All information, including, but not limited to, personal information, obtained for this contest will only be used for the purpose of conducting the contest. Entries that are incomplete, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of these Official Rules shall be disqualified.
4. PRIZING
See Sponsor's Giveaway Post for the number of prize(s), a description of prize(s) and approximate retail value of the prize(s) awarded in this Contest. All prizes must be accepted as awarded, are non-refundable and are not convertible to cash. The Contest Sponsor reserves the right to substitute any of the prizes, or any component thereof, with a prize of equal or greater value.
5. SELECTING WINNERS
Winner(s) will be selected in a random drawing from all eligible entries received on or about two (2) weeks after the conclusion of the Contest Period or the date listed in Sponsor's Giveaway Post. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor or a Sponsor representative. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
The Contest Sponsor shall use commercially reasonable efforts to contact the selected entrants using the contact information set out each of their entries. In the event, that a selected entrant cannot be contacted within 30 days of the random draw, the entry of such selected entrant shall be deemed void and the Contest Sponsor shall draw another entry at random for the remaining eligible entries. The process noted above will be repeated until a contact is made with a selected entrant or there are no more eligible entries, whichever comes first.
Before being declared a winner, each selected entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question within ten (10) business days of prize notification.
Each selected entrant may also be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with these Official Rules, acceptance of the respective prize as awarded without substitution, and releasing the Contest Sponsor, its affiliated and related companies, sponsors, advertising and promotional agencies, and their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns from any liability in connection with the prizes, including (if applicable) attendance at a Sponsor event and any recreational activities undertaken as a result of participation in this contest.
Declining a prize, failing to correctly answer the mathematical skill-testing question, failing to return the Release Form within the time period indicated on the Release Form or otherwise failing to comply with these Official Rules will cause the respective prize to be forfeited and a new random draw from the remaining eligible entries will be conducted to select another selected entrant. The process noted above will be repeated until a prize winner is declared or there are no more eligible entries, whichever comes first.
6. GENERAL
This contest is subject to all applicable Federal, Provincial, Territorial, and Municipal laws and regulations and void where prohibited. The Contest Sponsor shall not be held responsible for any accident, negligence, printing, typographical, administrative or other errors that may arise or occur in connection with the Contest with no obligation or liability, subject to applicable law.
No correspondence will be entered into except with selected entrants. By entering this contest and accepting a prize, each winner consents to the use of his/her name, city of residence, video image, voice, and/or photograph in any related publicity or Internet posting without further notification or compensation. By entering this contest and accepting a prize, if applicable, each entrant releases and agrees to hold the Contest Sponsor and its respective members, shareholders, directors, employees, officers and agents, including, without limitation, their advertising and promotion agencies, harmless against any and all manner of actions, causes of action, suits, debts, covenants, contracts, claims, and demands, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract, fundamental breach, liability for physical injury, death, or property damage which the entrant or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the entrant's participation in this contest and/or in connection with the acceptance and/or use by the entrant of the prize awarded, if applicable.
All entries become the property of the Contest Sponsor and will not be returned. No responsibility will be taken for any failure of the contest web site during the promotion or for any problems or technical malfunction of a telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail, on-line, or internet entry to be received by the Contest Sponsor on account of technical problems or traffic congestion on the internet or at any web site, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from playing or downloading any material in the promotion.
The Contest Sponsor reserves the right, in its sole discretion, to cancel or suspend the contest, in whole or in part, without notice, for any reason whatsoever, including, the internet portion of this contest should a virus, bug or any other cause beyond the reasonable control of the Contest Sponsor corrupt the security or proper administration of the contest, or the odds of winning. Any attempt to deliberately damage any web site or to undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Entries are subject to verification and will be declared invalid if they are forged, falsified, altered or tampered with in any way.
7. USE OF DATA
Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor's privacy policy https://www.chewy.com/ca/app/content/privacy. By participating in the Contest, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.
8. DISPUTE RESOLUTION AND AGREEMENT TO INDIVIDUAL ARBITRATION; GOVERNING LAW
EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, OR IF AN APPLICABLE LAW IN YOUR PROVINCE OF RESIDENCE GIVES YOU THE RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM BEFORE THE COURTS OF THAT PROVINCE NOTWITHSTANDING YOUR AGREEMENT TO RESOLVE DISPUTES BY WAY OF ARBITRATION, AT THE TIME OF THE DISPUTE YOU MAY ELECT EITHER TO DO SO OR PROCEED IN ARBITRATION. IF YOU ELECT ARBITRATION YOU AND CHEWY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
COVERED DISPUTES AND ARBITRATION REQUIREMENT
Subject to the clause above any and all disputes between you and Chewy, including disputes arising from or relating to these Social Media Contest Rules and their interpretation or the breach, termination or validity thereof, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be resolved by binding arbitration administered by the International Centre for Dispute Resolution Canada (“ICDR Canada”) in accordance with its Canadian Expedited Procedures in effect on the date the claim was filed, available at www.icdrcanada.org or by calling ICDR Canada at 1-844-859-0845. This arbitration agreement applies to any and all disputes pertaining to the subject hereof occurring before or after this agreement and supersedes our previous arbitration agreements pertaining to the subject hereof. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or Chewy can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.
FEES AND COSTS
Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Chewy will pay the filing fees for both parties. Likewise, Chewy will not seek attorneys’ fees and costs in arbitration unless the arbitrator or court determines the claims are frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below. The ICDR Canada Canadian Expedited Procedures will otherwise apply to determine the costs and expenses due from each party. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chewy will pay up to CA $1,000 of your attorneys' fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.
BATCH ARBITRATION
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to ICDR Canada or another arbitration provider (if ICDR Canada is unavailable) against Chewy within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Chewy and ICDR Canada to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind.
LOCATION
At your election, the arbitration will take place in the province in which you reside or, if you choose, by telephone, video conference, or based on the parties' written submissions.
REQUIRED PRE-ARBITRATION DISPUTE RESOLUTION Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice, along with any supporting documents and information, of its intent to file for arbitration. Chewy will provide such notice by e-mail to your e-mail address on file with Chewy and you must provide such notice by e-mail to legal@chewy.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and ICDR Canada may not accept any demand without this certification.
CLASS ACTION WAIVER
SUBJECT TO APPLICABLE LAW CHEWY AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER CHEWY NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
MISCELLANEOUS
Notwithstanding any provision in these Terms to the contrary, we agree that if Chewy makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Chewy. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the provincial and federal courts in Toronto, Ontario to resolve such claims.
GOVERNING LAW
The applicable law will be the law of the province of Ontario, without giving effect to its principles of conflict of laws.
9. NAME OF WINNER/LIST OF WINNERS
To obtain the name(s) of winner(s), send a self-addressed, stamped envelope no later than four (4) weeks after the conclusion of the Contest Period to the Sponsor, attn. Marketing Department at the address set forth below.
10. SPONSOR
Chewy Canada, Inc., 7398 Yonge St., Suite 6D-783, Thornhill, ON L4J 8J2
Contact Information
For questions or concerns about these Terms, including your legal relationship with Chewy, please contact us at:
Chewy Canada Legal
7398 Yonge St.
Suite 6D-783
Thornhill, ON L4J 8J2