RULES

Reimagine the Possibilities with KOHLER Smart Home Products Contest

Official Rules

 

No purchase necessary. Void where prohibited.

 

1. Overview

Please read these Official Rules carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the Reimagine the Possibilities with KOHLER Smart Home Products Contest (the “Contest”) sponsored by Kohler Canada Company (the “Sponsor”).

By participating in the Contest, you signify your agreement to these Official Rules and the decisions of the Sponsor and RAVEN5 Ltd. (the “Administrator”). If you do not agree to the Official Rules you may not enter the Contest.

 

2. Contest Period

 The Contest begins at 12:00:01 AM Eastern Time (“ET”) on Wednesday, April 1, 2020 and ends at 11:59:59 PM ET on Wednesday, March 31, 2021 (the “Contest Period”). Administrator’s computer is the official time-keeping device for this Contest.

The Contest Period consists of four (4) quarterly entry periods (each, a “Quarterly Entry Period”) as described below.

 

Quarterly Entry    Period   

Start Date         (12:00:01 AM ET)

End Date           (11:59:59 PM ET)

Approximate Drawing & Notification Date

1

01-Apr-20

30-Jun-20

02-Jul-20

2

01-Jul-20

30-Sep-20

01-Oct-20

3

01-Oct-20

31-Dec-20

04-Jan-21

4

01-Jan-21

31-Mar-21

01-Apr-21

 

Each Quarterly Entry Period has its own start date and end date (deadline) and entrants will not be entered for a chance to win any prize after the end of its entry period.

 

3. Eligibility

The Contest is open only to current legal residents of Canada who are nineteen (19) years of age or older at the time of entry (“Participant” or “entrant”, or “you”).

Employees, representatives, affiliates or agents of Sponsor, Administrator and their respective parents, affiliates, subsidiaries and advertising and promotion agencies (collectively the “Contest Parties”), and all respective employees, shareholders, officers, directors, agents, members, licensees, successors and assigns of the foregoing (collectively, the “Released Parties”) and members of their immediate family (spouses, parents, children and siblings) or persons living in the same household are not eligible to participate in this Contest.

Contest is subject to all applicable federal, provincial, municipal, territorial, and local laws and regulations. If it is found that a person who does not meet the eligibility criteria set forth in these rules has submitted an entry, that entry will be deemed ineligible. Sponsor reserves the right to verify eligibility requirements. Participation in the Contest constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void outside of Canada and wherever else prohibited by law.

  

4. How to Enter

To earn one (1) entry into the Contest, visit http://smarthomecontest.ca/ (the “Website”) and follow the instructions to complete and submit the registration form, including providing your email address, first name, last name, birthyear, province and postal code. In addition to providing the above information, you must attest to full compliance with these Official Rules and Kohler’s Privacy Policy. Optionally, you may choose to opt-in to receive email communications from Kohler Canada. Next, answer the three (3) survey questions to earn one (1) entry into the Contest.

Limit of one (1) entry per person per Entry Period.

Bonus Entries: Once you have submitted an entry, you may share the Contest using a valid Facebook, Twitter, LinkedIn or Pinterest account or by email to earn bonus entries. You will receive one (1) bonus entry for each person that enters the Contest from your unique share link.

Unlimited number of bonus entries are allowed during the Contest Period.

  

5. Prizes/Approximate Retail Value (“ARV”)/Odds

There are four (4) prizes available to be won. Each prize consists of up to $10,000 in KOHLER Smart Home Products. The ARV of each prize is $10,000.00 CAD. Total ARV of all prizes is $40,000.00 CAD.

Odds of winning will depend upon the total number of eligible entries received.

By accepting a prize, each winner agrees to release the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest or for damages of any kind caused by a prize or resulting from acceptance, possession, or use/misuse of a prize awarded. 

Any costs or expenses incurred by the winners in claiming or using a prize will be the responsibility of each winner. Prizes must be accepted as described in these Official Rules and cannot be transferred to another person or substituted for another prize, except that the Sponsor reserves the right in its sole and absolute discretion to substitute a prize, in whole or in part, for another prize of equal or greater value. Any difference between the actual retail value and the ARV stated above will not be awarded.

Manufacturer's warranty applies to each prize. Prizes will be awarded “AS IS” including exact model, color, options and condition. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. 

Prize Conditions: All expenses related to the acceptance or use of a prize are the sole responsibility of the respective winner.

Sponsor reserves the right, with the prior consent of each Participant, to use information related to the Contest for promotional, marketing and any other purpose, including online announcements without compensation or further notice unless prohibited by law. 

 

6. Random Drawings and Winner Notification

Administrator will select all potential winners for all prizes in random drawings conducted at Administrator’s or its designee’s offices. Administrator’s decisions are final.

 

One (1) potential winner will be randomly selected from all eligible entries received during Quarterly Entry Period 1 on or about July 2, 2020.

 

One (1) potential winner will be randomly selected from all eligible entries received during Quarterly Entry Period 2 on or about October 1, 2020.

 

One (1) potential winner will be randomly selected from all eligible entries received during Quarterly Entry Period 3 on or about January 4, 2021.

 

One (1) potential winner will be randomly selected from all eligible entries received during Quarterly Entry Period 4 on or about April 1, 2021.

 

The potential winners will be notified by a designated representative of the Administrator using the email provided at the time of entry. The designated representative will make a minimum of two (2) attempts to contact the eligible selected entrants within seventy-two (72) hours of the Drawing Date.

If an eligible selected entrant cannot be contacted within seventy-two (72) hours of the Drawing Date, if the prize is declined, or if there is a return of any notification as undeliverable; then the eligible selected entrant may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit any and all rights to the prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select an alternate eligible entrant for the prize in a separate random drawing from the remaining eligible entries submitted and received in accordance with these Official Rules.

No one is a winner unless and until officially confirmed by the Sponsor in accordance with these Official Rules.

Before being declared a winner, the potential winners will be required to sign and return, within ninety-six (96) hours of notification, a Declaration of Eligibility & Liability, and where allowable, a Publicity Release as a condition of acceptance of a prize. The potential winners will also be required to correctly answer a time-limited mathematical skill-testing question without assistance, whether mechanical or otherwise, as a condition of acceptance of a prize. Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing in accordance with these Official Rules. Prizes will be awarded within approximately 60 days after the potential winners are verified.

Prizes are not assignable, nor transferable. No substitution is permitted except if a prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of the prize and no exchange or substitution of the prize, except at the sole discretion of the Sponsor. Any other incidental expenses on a prize not specified herein are the respective winner’s sole responsibility.

Except where prohibited by law, entry and acceptance of a prize constitutes permission for the Sponsor and its designees to use the winner’s name, prize description, city, province/territory, likeness, voice, photographs, biographical information, comments and other statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

 

7. General

Participants agree to these Official Rules of the Sponsor and the Administrator and release the Sponsor, the Administrator, and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”) from any and all claims and liability relating to their participation in the Contest and the acceptance and use/misuse of a prize. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in the Contest or use/misuse or redemption of a prize. The winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Sponsor is not responsible for incompatibility of Participants’ hardware, software or browser technology.

In the event of a dispute over the identity of a Participant, the entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Participant or potential winner to provide Sponsor with proof that such party is the Authorized Account Holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void.

The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to Participant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest).

If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion (but with the consent of the Régie des alcools, des courses et des jeux in Quebec), to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest, at which time, Sponsor will conduct a random drawing from among all eligible entries

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE THE WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.

 

8. Disputes 

Except where prohibited, Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or a prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Province of Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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 (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS CONTEST WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

For Residents of Quebec Only: 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 purpose of helping the parties reach a settlement.

 

9. Privacy

Personal information collected from Participants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.kohlercompany.com/privacy/.

 

10. Help Requests / Requests for Information

Please direct your requests to the Administrator. Submit your request by email to kohler@rvn5.com with subject line Request: Reimagine the Possibilities with KOHLER Smart Home Products Contest. Please identify yourself by providing your full name, phone number and email address and explain the request in as much detail as possible. Administrator will carefully review and assess each request and respond within three (3) business days. 

 

11. Official Rules Request

For a copy of these Official Rules, see http://smarthomecontest.ca/ or send a self-addressed, stamped envelope by April 15, 2021 to: Reimagine the Possibilities with KOHLER Smart Home Products Contest Official Rules Request, c/o RAVEN5, B9-461 North Service Road W., Oakville, Ontario, L6M 2V5.

 

12. Winner Confirmation Request

For a written confirmation of the winners, send a self-addressed, stamped envelope by April 15, 2021 to: Reimagine the Possibilities with KOHLER Smart Home Products Contest Winner Confirmation Request, c/o RAVEN5, B9-461 North Service Road W., Oakville, Ontario, L6M 2V5.

 

13. Sponsor

Kohler Canada Company, 106-8800 Dufferin Street, Vaughan, Ontario, L4K 0C5 Canada.

 

14. Administrator

RAVEN5 Ltd., B9-461 North Service Road West, Oakville, Ontario, L6M 2V5 Canada.

 

2020 RAVEN5 Ltd. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of RAVEN5 Ltd.