The Nearest.com Daily Deal Jackpot Rules and Regulations
The Nearest.com Daily Deal Jackpot (the “Jackpot”) is intended to be conducted in Canada only and shall be construed and evaluated according to applicable Canadian law. No purchase is necessary. Participants must be of the age of majority or older at time of entry. Void in whole where prohibited by law.
To be eligible for this Jackpot, an individual must:
be a legal resident of the country of Canada; and
be of the age of majority in his/her province or territory of residence or older at the time of entry.
Employees and Affiliates of Nearest Inc (the “Company”) and its advertising and promotional agencies, and/or the household members of any of the above are not eligible to enter.
Jackpot PERIOD. The Jackpot begins at 12:01a.m. Eastern Time (“ET”) on January 29, 2018 and ends at Midnight ET on April 30, 2018 (the “Jackpot Period“) after which time the Jackpot will be closed and no other entries shall be accepted.
HOW TO ENTER.
There is no purchase necessary to enter the Jackpot. Enter using the method of entry outlined below. No entries will be accepted by any other means.
Visit nearest.com during the Jackpot Period including weekends and holidays. Choose from any Daily Deal (#MondayDeals, #TuesdayDeals, #WednesdayDeals, #ThursdayDeals, #FridayDeals, #SaturdayDeals, #SundayDeals, #RebelDeals, #SeniorsDeals, #StudentDeals). Share a DailyDeal of your choice by choosing any of the Social Media buttons offered on the top right corner of the DailyDeal.
Once the DailyDeal is shared to the contestant’s social media of choice, they will be offered three chances to select a winning balloon. If a winning balloon is selected in the first three choices, the contestant will be asked to select one ninety-nine (99) randomly generated numbers. At midnight one of the ninety-nine (99) randomly generated numbers will be selected as the Daily Deal Jackpot Winning Number. The One Hundred Canadian dollar (CDN$100.00) prize will be divided equally among the contestants who successfully selected the Daily Deal Jackpot Winning Number.
If the Daily Deal Jackpot Winning Number is not matched to any contestant’s selected number, the Jackpot will grow by Fifty Canadian dollars ($CDN$50.00) per day until it is won. The Jackpot will then be started again at One Hundred Canadian dollars (CDN$100.00).
Participating local businesses will randomly select a Daily Deal Jackpot Winning Number and award one additional prize per day. The value of prizes awarded by Participating local businesses may vary.
PRIZES AND PRIZE VALUES
Each Prize consists of a cash prize of a minimum of One Hundred Canadian dollar (CDN$100.00). The precise value of the Prize will be determined by the outcome of the game daily.
The Jackpot will increase by Fifty Canadian dollars (CDN$50.00) each day that a contestant does not correctly identify the Winning Number.
Only one (1) cash prize Jackpot will be awarded per day.
Nearest.com and/or participating local business representatives will contact the Winners to coordinate the provision of the Prizes within thirty (30) days once such Winners have been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
Winners will be responsible for all incidental costs and expenses not explicitly included in the Prize.
Prize(s) must be accepted as awarded and cannot be transferred, assigned, or substituted for cash except at the sole discretion of the Participating local businesses. Any unused, unclaimed or declined portion of a Prize will be forfeited, have no cash value and the Participating local businesses shall have no obligation to provide either an alternative or value-in-kind. The participating local businesses reserve the right, in their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
The participating local businesses shall not assume any liability for lost, damaged or misdirected Prizes.
Each contestant shall be eligible to win only one (1) Prize per day. Before being declared a Winner, the selected contestant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Jackpot Rules and sign and return the Release (described below).
The odds of being selected as a potential winner are dependent upon the total number of people who share a DailyDeal and successfully identify the Winning Number during the Jackpot Period.
Upon notification, the selected entrant must respond by telephone or e-mail (as specified in the notification) to the contact number or e-mail address provided no later than the indicated deadline set out in the Jackpot Rules and/or the notification. If the selected entrant does not respond accordingly, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsors’ sole discretion until such time as an entrant satisfies the terms set out herein. The participating local businesses are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsors to receive a selected entrant’s response.
If, as a result of an error relating to the entry process, drawing or any other aspect of the Jackpot, there are more selected entrants than contemplated in these Jackpot Rules, there will be a random draw amongst all eligible Prize claimants after the Jackpot’s closing date to award the correct number of Prizes.
Winners will be required to execute a legal agreement and release (“Release”) that confirms Winners’: (i) eligibility for the Jackpot and compliance with these Jackpot Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Jackpot, participation in any Jackpot-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, display, publish, convert, post, serve, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winners’ name, statements, image, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Jackpot and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying letter of notification or the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
INDEMNIFICATION BY ENTRANT. By entering the Jackpot, each entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from: (a) their participation in the Jackpot or any Jackpot-related activity; (b) the acceptance, use, or misuse of any Prize; or (c) any breach of the Jackpot Rules. Each entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the entrant’s participation in the Jackpot, without limitation.
LIMITATION OF LIABILITY. The participating local businesses assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The participating local businesses are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Jackpot or by any technical or human error which may occur in the administration of the Jackpot. The participating local businesses assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The participating local businesses assume no responsibility or liability in the event that the Jackpot cannot be conducted as planned for any reason, including those reasons beyond the control of the participating local businesses such as tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Jackpot.
By participating in the Jackpot, each contestant is deemed to have executed and agrees to be bound by the Jackpot Rules, which will be posted at the Nearest.com website. Each contestant further agrees to be bound by the decisions of the participating local businesses, which shall be final and binding in all respects. The participating local businesses reserve the right, in their sole discretion, to disqualify any entrant found to be: (a) violating the Jackpot Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Jackpot, or any related promotional website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any nearest.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Sponsors or any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE Jackpot MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE PARTICIPATING LOCAL BUSINESSES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
PRIVACY / USE OF PERSONAL INFORMATION.
By participating in the Jackpot, each entrant: (i) grants to Nearest.com and participating local businesses the right to use his/her name, mailing address, age range, telephone number and e-mail address (collectively the “Personal Information”) for the purpose of administering the Jackpot, including but not limited to contacting and announcing the Winners and coordinating the provision of the Prizes; (ii) grants to the participating local businesses the right to use his/her Personal Information for publicity and promotional purposes relating to the Jackpot, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the participating local businesses may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (i) and (ii)
INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations is owned by the participating local businesses and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
The participating local businesses reserve the right, in their sole discretion, to terminate their prize, in whole or in part, and/or modify, amend or suspend the Jackpot, and/or the Jackpot Rules in any way, at any time, for any reason without prior notice.
These are the official Jackpot Rules. The Jackpot is subject to applicable federal, provincial and municipal laws and regulations. The Jackpot Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the participating local businesses. All issues and questions concerning the construction, validity, interpretation and enforceability of the Jackpot Rules or the rights and obligations as between the entrant and the Sponsors in connection with the Jackpot shall be governed by and construed in accordance with the laws of the province of Ontario 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.
In the event of any discrepancy or inconsistency between the terms and conditions of the Jackpot Rules and disclosures or other statements contained in any Jackpot-related materials, including but not limited to the Jackpot entry form, or point of sale, television, print or online advertising, the terms and conditions of the Jackpot Rules shall prevail, govern and control.
SOCIAL MEDIA. This Jackpot is in no way sponsored or endorsed by any social media platforms on which the Jackpot may have been promoted and/or publicized.