“Gagne tes achats au centre-ville” (Win Your Purchases Downtown) contest
This English translation is for reference purposes only. In the event a difference arises regarding the meaning herein, the regulations in French shall prevail as the official authoritative version.
NO PURCHASE REQUIRED. THE ENTRANTS MUST ANSWER A MATHEMATICAL SKILL-TESTING QUESTION BEFORE BEING DECLARED WINNERS. NULL AND VOID WHERE PROHIBITED BY LAW.
- Organizer. The organizer of the “Gagne tes achats au centre-ville” (Win Your Purchases Downtown) contest (the “Contest”) is Société de développement commercial Destination centre-ville, also known as Montréal centre-ville (hereinafter the “Organizer”), a non-profit legal entity having its head office at 2000 Rue Peel, Suite 580, in Ville de Montréal, Province of Québec, H3A 2W5.
- Eligibility. Only legal residents of Canada who have reached the age of majority in their province of residence at the time of entry are eligible to enter the Contest. The Organizer and its subcontractors, mandataries or representatives involved in organizing the Contest and their employees and anyone domiciled at the same address as the above-mentioned persons may not enter the Contest. The advertising and promotion agencies and any person engaged in the development, production or distribution of material relating to this Contest are considered to be subcontractors of the Organizer.
For the purposes of the Contest, the Organizer at any time may require proof of identity or eligibility of any person entering the Contest (the “Entrant”). An Entrant who does not provide proof within five (5) days after such request by the Organizer may be disqualified, at the Organizer’s sole discretion. All information provided to the Organizer by the Entrant shall be true, accurate and complete. The Organizer reserves the right to disqualify any Entrant whose entry is received outside the Contest Period (as such term is defined below), which contains false, fictitious, inaccurate or incomplete information.
- Period. The Contest begins on November 2, 2020 at 8:00 a.m., Eastern Time (“ET”) and ends upon the occurrence of the earlier of the following contingencies (the “End of the Contest”), namely: (a) When prizes of a value totalling one hundred thousand dollars ($100,000) will have been awarded according to the terms and conditions set out in paragraph 8, or (b) March 31, 2021 at 5:00 p.m. ET (the “Contest Period”). Any entry submitted to, or received by, the Organizer after the End of the Contest, regardless of the entry mode used, will be null and void and deemed to be made outside the Contest Period. Any draw planned for a date subsequent to the End of the Contest will not be held or, if such a draw takes place, this draw will be deemed invalid and the Entrant whose entry was concerned by such a draw will not be entitled to any Prize, regardless of the result of the draw. The servers used to receive the online entries serve as the official timekeeper for the purposes of the Contest.
- Acceptance of the Rules. By entering the Contest, the Entrant agrees to be fully and unconditionally bound by these official Contest Rules (the “Rules”) and represents and warrants that he or she meets the eligibility requirements stated herein. ANY VIOLATION OF THESE RULES OR THE CONDITIONS OF USE BY ANY ENTRANT WILL RESULT IN SAID ENTRANT’S DISQUALIFICATION AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE REVOKED AND CANCELLED IMMEDIATELY. Subject to prior approval by the Régie des alcools, des courses et des jeux when required, the Entrant agrees to accept all the Organizer’s decisions as final and binding concerning all questions pertaining to the Contest. This provision shall have no effect of allowing the Organizer to decide unilaterally that the Entrant has failed in any of his or her obligations or that a fact or a situation has occurred.
- How to Enter. No purchase is necessary to enter the Contest.
5.1Online Entry.To enter the Contest in this manner, the Entrant, during the Contest Period, must make a purchase of goods and services (an “Eligible Purchase”) from a member business of the Organizer (a “Member”). The Entrant must retain the Invoice of this Eligible Purchase (the “Invoice”) and use a device that can access the Internet to access the Contest page, namely (the “Page”). Once on the Page, the Entrant who has chosen the Online Entry mode (the “Online Entrant”) must complete the entry form on which the Entrant provides the information allowing him or her to be identified, a photograph of the Invoice and a valid email address (the “Form”). For the Form to be valid, the photograph of the Invoice submitted by the Entrant shall show clearly, legibly and completely the address of the business at which the Eligible Purchase was made, as well as the date, the goods and services purchased and the total amount of the purchase, including applicable taxes, as the case may be. On request, the Online Entrant shall send the Organizer by mail the original Invoice relating to the Eligible Purchase. After transmission of the Form, the Online Entrant shall remain on the Page to discover the result of his or her Contest entry. The Entrant shall ensure he or she sees the result of this draw before closing his or her browser window, failing which the entry could be incomplete and the Entrant will not be able to resubmit an entry with this Eligible Purchase.
The Members are the businesses located in the territory of Downtown Montréal, generally between Avenue Atwater and Rue Saint-Urbain, and between Rue Sherbrooke and Rue Saint-Antoine. A detailed map of the territory of Downtown Montréal is accessible on the website: https://www.montrealcentreville.ca/en/accessibilities/.
Not considered an Eligible Purchase is any purchase of goods or services that is made before or after the Contest Period, that is not made from a Member (at this Member’s branch located in Downtown Montréal, as the case may be), that constitutes the purchase of alcoholic beverages, tobacco products, cannabis-based products, lottery tickets or any other type of game of chance, or any other product or service that is reserved for persons 18 years of age or over. Also not considered an Eligible Purchase is any purchase of goods or services offered by a member of a professional order, as defined in section 1(a) of the Professional Code, or the purchase of financial products or services or products or services intended for use by a business. Not considered an Eligible Purchase is any purchase of goods or services, or any payment, made under a long-term contract (thirty days or longer), which was made before or during the Contest Period.
5.2No-Purchase Entry. To enter the Contest in this manner, the Entrant shall send a Letter to the Organizer containing: the Entrant’s name, address, postal code, telephone number and email address (the “Letter”). This Letter shall also contain an original handwritten statement of fifty to one hundred words explaining why the Entrant appreciates shopping at the Members’ establishments. This Letter shall be received by the Organizer before the End of the Contest. This alternative entry method may not be used by an Entrant who has entered according to the Online Entry mode. The Entrant who chooses the No-Purchase Entry mode (the “No-Purchase Entrant”) may send only one Letter. The entry shall be sent to:
“Gagne tes achats au centre-ville” (Win your Downtown Purchases) contest
580-2000 Rue Peel
Montréal, Québec H3A 2W5
- Limits. If the Entrant chooses the Online Entry mode, as described in paragraph 5.1, the Online Entrant may submit one entry per Invoice. The Online Entrant may not submit more than one entry per Invoice and may not enter according to the No-Purchase Entry mode described in paragraph 5.2.
If the Entrant chooses the No-Purchase Entry mode as described in paragraph 5.2, the No-Purchase Entrant may submit only one (1) Letter during the Contest Period and may not use the Online Entry mode described in paragraph 5.1.
Multiple Entrants, regardless of the entry mode provided, may not share the same email address. Any attempt by a Entrant to obtain more than the maximum number of entries by using multiple or different identities, by using more than one entry mode, by submitting an Invoice already submitted, by submitting more than one Letter, or by using any other method, will cancel all of this Entrant’s entries in the Contest, and this Entrant will be disqualified. If the information on the Form differs from the information on the Invoice, then the Entrant’s entry will be rejected. It is not possible to appoint a mandatary for the purposes of this Contest. The use of any automated system whatsoever to enter the Contest is prohibited and will result in disqualification of the Entrant. Any person manipulating the entry process or the holding of the Contest, or acting in violation of the Rules of this Contest or of any other promotion, or acting unfairly or disruptively, will be disqualified from the Contest. If a disqualified Entrant wins a Prize, he or she will lose the right to claim and to be awarded the Prize. Unless this results from the doing of the Organizer or its representative, neither the Organizer, nor any of its subsidiaries, or any of their representatives, will be responsible for an entry that is lost, received late, incomplete, invalid, unintelligible or sent to the wrong location, which will be disqualified.
- Prizes. The Prizes vary according to the chosen entry mode. There is an indeterminate total number of Prizes. The total value of the Prizes that may be awarded is one hundred thousand dollars ($100,000.00) (each one a “Prize”, and collectively the “Prizes”).
The Organizer reserves the right to substitute a Prize for one equal or greater value if said Prize were to become unavailable for any reason whatsoever. The costs associated with reception or use of a Prize, as applicable, are the Entrant’s responsibility. In no case shall the Organizer be bound to award Prizes for a value greater than one hundred thousand dollars ($100,000.00).
Each of the Prizes will consist of a gift card for the value (taxes included) of the Eligible Purchase that was submitted with the selected entry, issued either by the Member from which the Eligible Purchase was made or by Peoples Trust Company, and on account of the Ivanhoé Cambridge shopping centres, including the Montreal Eaton Centre, Place Ville Marie and Place Montréal Trust (“Eaton Centre”). The maximum amount of each of the Prizes, regardless of the value of the Eligible Purchase, may not exceed two hundred and fifty dollars ($250.00).
- When the Member offers to issue a gift card for the exact amount of the Invoice, the Prize will consist of a gift card from this Member for a value equal to the Invoice, taxes included.
- When the Member does not offer to issue gift cards, the Prize will consist of an Eaton Centregift card for a value corresponding to the exact amount of the Invoice, taxes included.
- When the Member has the ability to issue a gift card, but only in predetermined fixed increments, and the amount of the Invoice, taxes included, is greater than that of the smallest gift card increment offered by the Member, the Entrant may choose between a gift card from the Member for a value corresponding to the amount of the Invoice, taxes included, rounded to the nearest gift card increment, or an Eaton Centregift card for a value corresponding to the exact amount of the Invoice, taxes included. If the value of the Eligible Purchase is lower than the smallest increment of the Member’s gift cards, the Prize consists of an Eaton Centre gift card for a value corresponding to the exact amount of the Invoice, taxes included.
For the Entrants in the Contest who have not submitted an Eligible Purchase, namely those who have exercised the entry mode established in the foregoing paragraph 5.2, the amount of the Invoice, taxes included, will be deemed to be two hundred and fifty dollars ($250.00), and the Prize will consist of an Eaton Centre gift card for this amount.
- Terms Applicable to the Prize. The terms and conditions of the gift cards issued by the Member or by Eaton Centre, as the case may be, are applicable.
- When the Prize is a gift card issued by a Member, the Entrant shall contact the Member directly to obtain the terms applicable to the gift card.
- The terms of the Eaton Centregift cards are available at the following address: https://shopping.ca/en/. The cardholder agreement contains the full conditions and is available from Eaton Centre Customer Service. Among the terms of this gift card, note that it may be used at authorized merchants who accept American Express® Cards in Ivanhoé Cambridge shopping centres. The gift card may not be used at automatic teller machines. The funds will not expire. The gift card is not exchangeable for cash, unless the law requires it. Additional restrictions apply. This gift card is not eligible for coverage according to any zero liability policy. The balance of the gift card is not insured by Canada Deposit Insurance Corporation (CDIC). The gift card is issued by Peoples Trust Company under a licence from American Express.
- Draw according to the Online Entry Mode
When the Form is submitted, the Organizer’s computer system will proceed automatically with an instant draw of a number from 1 to 10. If it awards the number 1 to the entry, this will be a winning entry and the Entrant whose entry has thus been selected will receive an automated email confirming this fact. Thus, the odds of winning a Prize are one (1) in ten (10). The odds of winning a Prize are equal for each Entrant and materialize when the Entrant submits his or her Form and the animation that ensues is completed.
- Draw according to the No-Purchase Entry Mode
Upon receipt of an entry in the manner set out in paragraph 5.2, the Organizer will use the online computer system to proceed automatically with an instant draw of a number from 1 to 10. If it awards the number 1 to the entry, this will be a winning entry. This selection will be made at 2000 Rue Peel, Suite 580, in Ville de Montréal, Province of Québec, H3A 2W5.
The draws will end immediately, without prior notice or notification to the Entrants, when the amount stipulated in paragraph 6 has been awarded to Entrants.
- Awarding of the Prizes. After selection of an entry:
- The Organizer will verify the compliance of the entry, including the Eligible Purchase and the Invoice, within a maximum period of twenty (20) business days after the instant draw. When the verification reveals that the entry is compliant with the Rules, the Organizer will send an email to the email address indicated by the Entrant on his or her entry, asking the Entrant to respond to a mathematical skill-testing question. The Organizer will also ask, when applicable, what Prize option the Entrant prefers.
- The selected Entrant, regardless of the Contest entry mode, must respond to the Organizer’s communication within ten (10) business days after receipt of the Organizer’s communication, including the answer to the mathematical skill-testing question. If the selected Entrant does not respond to this communication within the prescribed deadline, or if he or she does not answer the mathematical skill-testing question correctly, that Entrant will lose his or her Prize automatically without any recourse or other form of compensation, and his or her entry will be cancelled. If the Entrant correctly answers the mathematical skill-testing question and any other verification question that may be asked by the Organizer, the Entrant will be declared a winner (a “Winning Entrant”).
- Remittance of the Prizes.Once an Entrant is declared a Winning Entrant, the Organizer will send the Entrant an email at the email address indicated by the Entrant in his or her entry to inform the Entrant that he or she is a Winning Entrant, and confirming the terms of remittance of the Prize.
When the Prize is a gift card that can be issued electronically, it will be sent by email to the Winning Entrant. When the Prize is a gift card that cannot be issued electronically, the Winning Entrant in person shall visit the Member or Eaton Centre Customer Service, as the case may be, to pick up his or her Prize, all within the deadline that will be indicated in the Organizer’s confirmation email, which will not be less than seven (7) business days. Any Winning Entrant who neglects or is unable to pick up his or her Prize within the deadline indicated by the Organizer will be disqualified and his or her Prize will be cancelled.
- Refusal of the Prize. The selected Entrant must accept the Prize as described in these Rules or the substitute prize of equal or greater value determined by the Organizer at its sole discretion. The selected Entrant may not require that the Prize be transferred to another person, substituted for another Prize or other goods or services, or exchanged in whole or in part for a sum of money or any other form of compensation. An Entrant’s refusal to accept a Prize in whole or in part releases the Organizer from any obligation related to the awarding of this Prize or this portion of a Prize to this Entrant or to any other Entrant.
- General Clauses. The Contest is subject to all the applicable federal, provincial, municipal and local laws, regulations and by-laws and is null and void where prohibited by law. The Organizer reserves the right, with the authorization of the Régie des alcools, des courses et des jeux or any other government authority having jurisdiction, when required, to cancel, suspend and/or modify the Contest or the Rules, or any part thereof, due to a case of force majeure, or if a fraud, technical failure, human error or any other circumstance jeopardizes the fairness, integrity or correct operation of the Contest, if the Contest cannot be held in the manner initially provided or if it is necessary to do so in order to ensure their compliance with the applicable federal, provincial or municipal laws, regulations and by-laws or with the policies of an entity having jurisdiction over the Organizer, the Contest or the Rules. Without limiting the foregoing, any entry that occurs after the system has failed for any reason whatsoever is deemed to be an ineligible entry, is null and void and will not give entitlement to any Prize. The Organizer will not be held liable if an event results in cancellation of the Contest or if other factors the Organizer cannot reasonably control prevent the Contest from being completed, in whole or in part. Any deliberate attempt by a person to compromise the legitimate operation of the Contest may constitute an offence against civil or criminal law, and in the event of such an attempt, the Organizer reserves the right to claim damages against this person to the full extent permitted by law. The Organizer’s omission to enforce a term of these Rules does not constitute a waiver of this provision.
- Release from Liability. By entering the Contest, the Entrant: i) agrees to release the Organizer, its affiliates and their respective suppliers, distributors, advertising or promotion agencies and each of their officers, directors, employees and mandataries (collectively, the “Released Parties”) from all liability concerning any claim or any cause of action, non-exhaustively bodily injury, death, property damage or destruction of property resulting directly or indirectly from the Contest entry, or from the receipt, use or misuse of a Prize, except in the case of a consequence of the doing of the Organizer or its representatives; and ii) promises to fully compensate the Released Parties for any claim made by third parties due to the Entrant’s entry in this Contest, non-exhaustively including those results from the Entrant’s fault.
- Limitations of Liability. Unless this is a consequence of the doing of the Organizer or its representative, the Released Parties will not be liable for: i) any incorrect or inaccurate information, regardless of whether it is attributable to the Entrant, printing errors, equipment or programming of software associated with the Contest or used in the course thereof; ii) technical problems, of any nature whatsoever, non-exhaustively including malfunctions, interruptions or disconnections of telephone lines, electronic hardware or software; iii) unauthorized human intervention in any part of the entry process or the Contest; iv) technical or human errors that may occur in the course of administration of the Contest or processing of entries; v) any injury or any damage to persons or property that may be caused, directly or indirectly, in whole or in part, by the Entrant’s entry in the Contest or in the course of receipt or use of a Prize.
- Non-Involvement of the Members. The Contest is not in any way sponsored, approved, managed or administered by the Members or Eaton Centre. The Entrant releases the Members from all liability of any nature whatsoever in relation to the Contest.
- Litigation. 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 Régie only for the purposes of helping the parties reach a settlement.
Subject to the foregoing paragraph, the Entrant agrees as follows: i) any litigation, any claim and any cause of action arising from this Contest or the awarding of any Prize or related thereto shall be resolved by the courts of the Province of Québec, judicial district of Montréal; ii) any claim, any judgments and any condemnation shall be limited to the refundable expenses actually incurred, including the costs associated only with an entry in the Contest, but not including in any case the legal fees or the amount of the charges on an Invoice; and iii) the Entrant may not, under any circumstance, obtain a judgment for indirect, incidental or consecutive damages or any other damage than for his or her refundable expenses actually included, and hereby waives all his or her rights to claim such damages, and any right to multiply or increase the damages in any other manner.
- Applicable Law. The validity, interpretation and enforceability of these Rules or the rights and obligations of the Entrant and the Organizer relating to the Contest are governed by the statutes of the Province of Québec and the federal statutes of Canada that are applicable thereto or interpreted in accordance therewith, without giving effect to any rule relating to conflicts of laws (whether these are statutes of the Province of Québec or of any other jurisdiction), which would result in the application of statutes of any other jurisdiction.
- Severability. If any of the provisions of these Rules is declared invalid or unenforceable, all the remaining provisions of the Rules will remain fully in force.
- Entrant’s Personal Information. By entering the Contest, the Entrant allows the Organizer to use the personal information he or she provides for the purposes of administration of the Contest and awarding of the Prizes. The information transmitted on the entry Form will be used for the purposes of the Contest. If the Entrant has checked the box on the entry Form mentioning that he or she wishes to receive promotions and communications from the Organizer and its partners, the Organizer and its partners thus will have the authorization to communicate with the Entrant by email.
- List of Winners. The list of winners may be obtained by an Entrant by sending a letter containing a postage-paid return envelope to the address indicated in the foregoing subparagraph 5.2 within thirty (30) days after the End of the Contest.
- Advertising. The Contest entry constitutes the Entrant’s consent to the use, by the Organizer and its mandataries, of the Entrant’s name, image, photograph, voice, opinions and/or city of residence for promotion purposes in any media, worldwide, without payment or additional consideration, regardless of whether the Entrant has won a Prize, unless prohibited by law.
- Social Media. The Entrant acknowledges that the Contest is not in any way sponsored, approved, managed or administered by the owner of any social media or other site (the “Owner”) on which he or she may have seen advertising relating to the Contest, nor is associated in any manner whatsoever with the Owner. The Entrant releases the Owner from all liability of any nature whatsoever in relation to the Contest.
- Ownership of the Entry and Licence. By entering the Contest, the Entrant accepts that his or her entry becomes the property of the Organizer and that the Entrant’s contribution will not necessarily be recognized by the Organizer. By entering the Contest, each of the Entrants grants the Organizer a worldwide, non-exclusive, perpetual, irrevocable licence free of royalties to publish, adapt, modify, produce derivative works from and/or otherwise use the entry in any manner, including the copyrights, for any media currently known or developed subsequently. Moreover, by entering the Contest, the Entrant waives all moral rights he or she may hold in his or her entry, all in favour of the Organizer.
- Organizer’s Intellectual Property. All the intellectual property and all the promotional material, the websites in the image of the Organizer or the Contest, and the source codes, are the property of the Organizer and its related entities. All rights reserved. The unauthorized use or reproduction of any material covered by a copyright or a trademark without the express written consent of its owner is strictly prohibited.
- Access to the Rules. The most recent version of these Rules is available online at the following address: https://win-your-purchases.montrealcentreville.ca/#rules.
- Language. In case of incompatibility between the English and French versions of these Rules, the French version will take precedence. In case of incompatibility between a version of these Rules and the version available at the place stipulated in paragraph 25, the Rules accessible at the place stipulated in paragraph 25 will take precedence.