Thermador Connected Experience Contest
NO PURCHASE NECESSARY TO ENTER, PLAY OR CLAIM A PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
CONTEST OPEN TO ALL LEGAL RESIDENTS OF CANADA.
MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE.
ONE (1) ENTRY PER PERSON PER CONTEST PERIOD.
The Contest is administered by BSH Home Appliances Limited, 6696 Financial Drive, Unit 3, Mississauga, ON, L5N 7J6, Canada, https://www.thermador.ca/en (BSH), (“Sponsor”).
1. BRIEF OVERVIEW of the Contest: The Contest commences on August 15, 2019 at 12:59:59 PM EASTERN Standard Time (“EST”) and ends on September 13, 2019 at 12:59:59 PM EST (the “Contest Period”). The computer of the Sponsor shall be deemed to be the official Contest Period clock for each Contest Period.
2. ELIGIBILITY: To be eligible to enter this Contest, a person must, during the Contest Period, be a resident of Canada, have reached the age of majority in his/her Province/Territory of residence as of the date of entry and must not be an employee of the Sponsor or their affiliated companies, employees or agents, their respective advertising or promotional agencies, the independent Contest organization or a member of any such employee’s immediate family (regardless of where they live) or household (whether related to the employee or not) collectively, “Sponsors and Others”. In these Contest Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters and/or spouse. THE CONTEST IS VOID WHERE PROHIBITED BY LAW, and is subject to all applicable Federal, Provincial and Municipal laws.
BINDING CONTEST RULES: By entering the Contest, entrants agree to be bound by the Contest's official rules (“Rules”). All decisions of the Sponsor and affiliate judges, including without limitation the eligibility of entries, are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER THE CONTEST: To enter, visit the Sponsor’s page https://www.thermador.ca/en click on the Contest banner and participate in the Contest described below:
Users click on the Contest banner on the https://www.thermador.ca/en homepage, where they will be driven to the Contest landing page located at https://www.thermador.ca/en/experience/contests. On this page the user will click on a link taking them to the Contest entry page, where they must fill out a registration form to complete their entry. Each contestant must complete all the mandatory form fields, check the box to accept the Terms and click the button to submit their entry.
All entries must be received before 12:59:59 PM EST on September 13, 2019.
To enter this contest without going online on https://www.thermador.ca/en, please send your first and last name, phone number and email address, on a 3.5” x 5” postcard to the following address: The 2019 THERMADOR Connected Experience Contest, 219 Dufferin Street, Unit 304A, Toronto, Ontario M6K 3J1. All entries must be received before 12:59:59 PM EST on September 13, 2019. All entries received after this date will be declared null and void, and not be entered into the prize draw.
Please address any questions to: The 2019 THERMADOR Connected Experience Contest, 219 Dufferin Street, Unit 304A, Toronto, Ontario M6K 3J1.
Drawing will be conducted on September 25, 2019. On the Drawing Date, the Sponsor’s agency will randomly draw three (3) potential winners.
2.) The Prize:
There is a limit of one (1) Prize per Participant and per household.
There will be three (3) prizes available. Each prize will consist of One (1) Thermador Emerald® Dishwasher - 24" Stainless Steel with Masterpiece Bar Handle, Model: DWHD650WFM, with an approximate retail value of CAD$ 3,269 (inclusive of shipping).
The prize includes shipping of the prize to the residence indicated on the contest entry form but does not include installation.
Approximate Total Value of all Three (3) Prizes is CAD$ 9,807.
Prize cannot be converted to cash in whole or part under any circumstances.
Odds of Winning: The odds of winning depend on the number of eligible Entries submitted and received during the Contest Period in accordance with these Rules.
Delivery will be in the form of placing the product in the winner’s garage or other external entrance; appliances cannot be delivered into the home. Any damages incurred after product is delivered, is the sole responsibility of the recipient - this includes storage and installation. Installation of new appliances and removal of existing appliances or any costs or expenses associated with the Prize will be the responsibility of the winner. Only the listed prize will be awarded and no substitutions, cash equivalents or exemptions will be made, it being understood and agreed, however, that the Sponsor reserves the right to substitute a different prize of equal or greater value if in the opinion of the Sponsor it becomes necessary. Other restrictions may apply. All provincial, federal and local taxes not included are the responsibility of the Prize Winner.
If a winner is unwilling or unable to accept the prize in the Contest as described in these rules, an alternate winner may be selected. The depiction of the prize in any advertising or promotional materials may not be identical to the one awarded to the Prize Winner. The Prize Winner is solely responsible for all expenses not specifically set forth herein. Any selected upgrades or additions to the prize, must be purchased at the Prize Winner’s sole cost and expense. The Prize may not be transferred or assigned except by the Independent Contest Judging Organization or as otherwise indicated herein.
3.) HOW TO CLAIM A PRIZE, AFFIDAVITS AND RELEASES:
a. Prize: The decisions of the Contest judging organization in all matters related to the selection of a winner in this Contest, including without limitation the selection process to be employed, will be final. The selected Prize Winner will be contacted by telephone or email at the telephone number or email provided on the entry form. If a selected Entrant cannot be reached after three attempts within 48 hours of the draw, the prize will automatically be forfeited and the prize will be offered to an alternate potential winner selected by the judging organization. An Entrant whose entry is so selected and contacted must, in order to become a winner, correctly answer, unaided, a mathematical skill-testing question, complete, sign and return the Declaration and Release form described below within 5 days from the time it was supplied to the winner, and comply with all of the other Contest Rules. Failure to return the Declaration and Release form or correctly answer the skill-testing question in the time noted, will result in disqualification of the Entrant and an alternate Prize Winner will be selected from the eligible Entrants, until all eligible entrants are exhausted. The skill-testing question will be administered on the Declaration & Release form.
b. Sponsor shall not be held responsible for any delays in awarding prizes for any reason. Allow 6 to 8 weeks for verification and shipment of the Prize. Prize will only be awarded to verified Winners. Unclaimed prize will not be awarded. Sponsor will pay for shipping the Prize to the Prize Winner’s address on the entry form.
4.) LIMITATION OF LIABILITY: Sponsor is not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and Others are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any website(s). Sponsor and Others are not responsible for any injury or damage, whether personal or property, to any Entrants or to any person's computer related to or resulting from participating in this Contest and/or accepting the Prize. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into this Contest, the Entrant’s sole remedy is to submit another entry. EACH WINNER ACKNOWLEDGES THAT THE PRIZE IS AWARDED AS-IS. SPONSOR AND OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO THE PRIZES OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
Further, Sponsor is not responsible for, and shall be defended, indemnified, held harmless and released by each Prize Winner against any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of prize. Sponsor shall not be liable to any Prize Winner or any other person for failure to supply the Prize or any part thereof by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control. As a condition of participating in this Contest, each Entrant agrees to release, defend, indemnify and hold harmless Sponsor from and against any injuries, death, losses, costs, expenses, damages, claims, judgments, causes of action and any liability of any kind in connection with, resulting from or arising from this Contest, participation in this Contest, including without limitation, acceptance, receipt, delivery, possession, use, misuse, inability to use, defect or nonuse or loss of the prize that may be awarded.
Sponsor shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. By playing this Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sponsor and Others in connection with this Contest; and (iv) to forever and irrevocably release, defend, indemnify, and hold harmless each of the Sponsor and Others and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, anti-spam law violation, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) this Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s entry, participation or inability to participate in this Contest, (b) the violation of any third party privacy, personal, anti-spam, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, attendance at, receipt, participation in, delivery of, possession, defects in, use, non-use, misuse or inability to use a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sponsor and Others’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of this Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Promotion Pages or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sponsor and Others or by an Entrant, (j) interruption or inability to access this Contest, the Promotion Page or any other Contest-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sponsor and Others, or any of their agents or employees, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees or (q) the negligence or willful misconduct by Entrant.
The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
5.) DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF CANADA. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Further, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
ENTRANTS ARE NOTIFIED AND AGREE THAT ANY CLAIMS THAT THEY WISH TO ASSERT AS SET FORTH HEREIN MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE END OF THE CONTEST PERIOD OR THEY WILL BE BARRED AS UNTIMELY.
8.) GENERAL: By entering this Contest, Entrant agrees to abide by these Contest Rules and the decision of the Sponsor with respect to all aspects of the Contest, which is final.
a. The winner of the Contest will be required to complete and return a Declaration and Release form prior to receiving the prize. The winner must sign the Sponsor’s Declaration and Release form confirming compliance, which includes agreement that he/she:
i. Must be the authorized account holder of the e-mail address associated with the selected entry, is the person who submitted the selected entry, is eligible to enter the Contest and have complied with all of the Contest Rules; and confirms that he/she has not used any illegal methods in order to increase his/her entries into the Contest (one (1) entry per person per Contest period) and assigns the Sponsor and their affiliates from any liability in connection with the prize, or any use of the prize or this Contest, as set forth in the Declaration and Release form.
ii. Accepts the prize as awarded, without substitution, and releases the Sponsor and/or its affiliated, associated and related companies, advertising, promotional agencies, the Judge, the independent Contest Judging Organization and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns from any liability in connection with the prize, or any use of the prize or this Contest, as set forth in the Declaration and Release form.
b) By entering this Contest, the Prize Winner consents to the use of his/her name and their beneficiary, address (city and province), and likeness without further remuneration, in connection with any publicity carried out by or on behalf of the Sponsor.
c) The Sponsor reserves the right, in its sole discretion, subject to approval of the Régie des alcools, des courses et des jeux in Quebec, to cancel or suspend this Contest should a virus, bug, printing error or other cause beyond the reasonable control of the Sponsor corrupt the security or proper administration of the Contest. Sponsor reserves the right, subject to the approval of the Regie des alcools, des courses et des jeux ("Régie"), to terminate this Contest or to amend these Contest rules at any time without notice if any factor interferes with the proper conduct of the Contest as contemplated by these Rules. The Sponsor may modify, clarify and/or amend these Rules & Regulations at any time by posting notice to that effect on https://www.thermador.ca/en.
d) All entries become the property of the Sponsor and none will be returned. No correspondence or communication will be entered into except, possibly, with the selected entrants. This Contest is subject to all applicable federal, provincial and municipal laws. The Contest and the Contest rules shall be exclusively governed by and construed in accordance with the laws of Canada and the winner’s province of residence.
e) Persons tampering with or abusing any entry mechanisms or policies will be disqualified. All entries in this Contest will be automatically disqualified without notice or recourse if an entrant promotes this Contest through unsolicited commercial e-mail or multiple postings.
f) QUEBEC RESIDENTS: Any litigation respecting the conduct or the organization of a publicity Contest may be submitted to the Régie 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. By submitting an entry, that entrant agrees to the Contest rules including all conditions stated therein. The Sponsor and those associated with the Sponsor will bear no legal liability, expressed or implied, regarding the use of winning Submissions by the Sponsor and THE SPONSOR SHALL BE HELD HARMLESS BY A WINNER IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE WINNER HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE Contest RULES.
WINNER’S LIST: For a list of prizewinners, interested individuals should visit https://www.thermador.ca/en/experience/contest/contest_winners up to two weeks after the Contest winners have been drawn. This announcement will remain on the site for 2 weeks post announcement.
Customer service inquiries can be made at Contact Us on: https://www.thermador.ca/en/support/contact-us.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of the Sponsor.
Thermador is protected by Canadian trademark registrations owned by Robert Bosch GMBH.
© 2019 BSH Home Appliances Ltd.