A hero is someone who always lends
a hand in their community.
THIS CHALLENGE IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
The Kubota Community Hero Challenge (the “Challenge”) is sponsored by Kubota Canada Ltd. (the “Sponsor”). The nomination period for the Challenge begins on [September 7], 2018 at 9:00 a.m. Eastern Time (“ET”) and ends on [October 7], 2018 at 11:59 p.m. ET (the “Nomination Period”).
To participate in the Challenge, you must be a resident of Canada who has reached the legal age of majority in your province/territory of residence. The Challenge is not open to employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, its parent companies, subsidiaries, associated and affiliated entities, prize suppliers, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Challenge (collectively with the Sponsor, the “ChallengeParties”).
By participating in this Challenge, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
No purchase necessary. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CHALLENGE. During the Nomination Period, you can make a nomination (each, a “Nomination”) by going to www.kubota.ca/communityhero (the “Website”) and following the on-screen prompts to obtain and fully complete the Official Challenge Nomination Form (the “Form”) with all required information – including, but not limited to: (i) your full name and contact details (the “Nominator”); (ii) the full name and contact details of the eligible individual you are nominating (the “Nominee”); and (iii) a twenty (20) words or less (English or French) submission (a “Submission”) that describes the Nominee’s involvement in the community. You also have the option of attaching additional supporting materials (e.g. photographs, videos, social media handles under 10mb) that you feel may help support the Nomination. To be eligible, all content and materials associated with your Nomination (collectively, your “NominationMaterials”) must: (i) be submitted and received during the Nomination Period; (ii) include all required components and materials noted above; and (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 7 (all as determined by Sponsor in its sole and absolute discretion).
IMPORTANT NOMINATION RULES:
An eligible individual cannot submit more than one (1) Nomination in relation to the same Nominee. Having said that, the same Nominee can be nominated by multiple eligible individuals in accordance with these Rules. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Challenge; then he/she may be disqualified from the Challenge in the sole and absolute discretion of the Sponsor. The Challenge Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Nominations and/or Nomination Materials (all of which are void).
A Nomination may be rejected if, in the sole and absolute discretion of the Sponsor: (i) the Nomination (including, but not limited to, any associated Nomination Materials) is not submitted and received in accordance with these Rules during the Nomination Period; and/or (ii) the Nomination Materials accompanying the Nomination are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 7) (all as determined by Sponsor in its sole and absolute discretion).
IMPORTANT NOTE: Individuals may encourage others to submit a Nomination; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s Nomination. In addition, proxy nomination schemes (or anything reasonably resembling a proxy nomination scheme, as determined by Sponsor in its sole and absolute discretion) are hereby expressly prohibited. Any individual or entity determined by the Sponsor and/or its representative(s) to be engaging in any such behaviours and/or in violation of the Sponsor’s interpretation of the letter and/or spirit of these Rules (all as determined in the sole and absolute discretion of the Sponsor) will be disqualified.
All Nominations, Nomination Materials and participants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Challenge; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Nomination, Nomination Materials and/or other information entered (or purportedly entered) for the purposes of this Challenge; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Challenge in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Challenge will be the official time-keeping device(s) of the Sponsor.
BY SUBMITTING A NOMINATION, YOU AGREE THAT THE NOMINATION (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE NOMINATION MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR NOMINATION (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE NOMINATION MATERIALS); (II) PARTICIPATION IN ANY CHALLENGE-RELATED ACTIVITIES; AND/OR (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES.
By participating in the Challenge, each participant hereby warrants and represents that any Nomination Materials he/she submits:
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Nomination Materials. Any Nomination Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification – in which case the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Nomination Materials (and therefore the corresponding Nomination and/or the associated Nominee) – to help ensure that the Challenge is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.
By entering the Challenge and submitting a Nomination, each participant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Nomination Materials (and each component thereof), in whole or in part, for advertising or promoting the Challenge or for any other reason; (ii) waives all moral rights in and to his/her Nomination Materials (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Nomination Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Nomination Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
There will be a total of one (1) Prize (the “Prize”) available to be won consisting of a trip for the confirmed winner and one (1) guest (the “Guest”) to travel to Edmonton, AB for the purpose of attending the 106th Grey Cup™ Championship Game (the “Game”). The Game is currently scheduled to take place on November 25, 2018 – however, the Game date is subject to change. Prize includes: (i) round trip airfare (economy class) for the confirmed winner and his/her Guest to Edmonton, AB from a Canadian airport near the confirmed winner's residence (as determined by Sponsor in its sole and absolute discretion); (ii) accommodation for two (2) (double occupancy) for three (3) nights in a hotel or hotels determined by Sponsor in its sole and absolute discretion; and (iii) two (2) general admission tickets to the Game (seating level to be determined by the Sponsor in its sole and absolute discretion). All travel must take place between November 23, 2018 and November 26, 2018(or on such other dates as specified by the Sponsor in its sole and absolute discretion). Prize has a total approximate retail value of $10,000 CAD based on a Toronto departure example – although the actual retail value may vary depending on the point of departure. Under no circumstances whatsoever will any difference between the actual and approximate retail values be awarded. Choice of flights, airline(s), hotel accommodations (including, without limitation, room size and occupancy) and all other aspects of the Prize are at the sole and absolute discretion of the Sponsor.
IMPORTANT NOTE: In the event that the confirmed winner resides within a two hundred (200) kilometer radius of Edmonton, AB (as determined by the Sponsor in its sole and absolute discretion), Sponsor will determine, in its sole and absolute discretion, whether or not the Prize will include airline travel, another form of transportation to and from Edmonton, AB, or reimbursement for certain incurred fuel costs. All decisions of the Sponsor in this regard will be final and binding without right of appeal.
Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) all travel related to the Prize must occur within and/or on or before the date or dates specified by the Sponsor (otherwise the Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entirety and, if forfeited, nothing will be substituted in its place); (iv) the confirmed winner and his/her Guest must have all necessary documentation to permit travel and must travel on the same itinerary; (v) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner and his/her Guest, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for confirmed winner and his/her Guest to and from the Canadian airport selected by the Sponsor; additional transportation; baggage and other fees; and items of a personal nature (NOTE: confirmed winner and/or his/her Guest may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (vi) if the confirmed winner and/or his/her Guest do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (viii) all travel arrangements relating to the Prize must be made through the Sponsor or its designated agents; and (ix) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
Guest Requirements: The confirmed winner’s Guest must: (a) either be of the legal age of majority in his/her jurisdiction of residence or have the express written consent (in form and substance satisfactory to the Sponsor, in its sole and absolute discretion) to accompany the confirmed winner on the Prize trip; and (b) sign (and have his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence) and return the Sponsor’s release (by the date indicated on the release form) indicating that he/she waives all recourse against the Released Parties relating to his/her participation in the Prize (including, without limitation, any travel related thereto).
It is strongly recommended and encouraged that the confirmed winner and his/her Guest obtain sufficient personal travel and medical insurance prior to departure. Flights are subject to availability, blackout periods, government restrictions and regulations, airline, airport or other transportation restrictions and regulations.
The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the Prize – including, but not limited to flight(s) or the Game. Neither the confirmed winner nor his/her Guest nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to flights and or passenger names are not accepted once bookings have been confirmed.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Challenge. To the fullest extent permitted by applicable law, the confirmed winner and his/her Guest understand and acknowledge that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting the Prize, the confirmed winner agrees to waive all recourse against Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
A panel of judges (the “Challenge Judges”) appointed by the Sponsor will judge each eligible Nomination on the basis of the following weighted criteria:
1. Describes the benefit to the local community
2. Evidence of contribution to community or resident
Each Nomination will be given a score (the “Score”) by the Challenge Judges. Odds of being selected as an eligible winning Nominee depend on the number and calibre of eligible Nominations submitted and received in accordance with these Rules. The eligible Nominee associated with the top Score (as determined by the Challenge Judges, in their sole and absolute discretion) will each be selected as the eligible winner of the Prize . In the event of a tie between two or more eligible Nominations based on Score, the eligible Nominee – from amongst all such eligible Nominations that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2) will be selected as the eligible winner of the Prize. In the event of an exact tie based on criteria 1 and 2, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure. Judging is scheduled to be completed on or about October 15, 2018 (the “Selection Date”).
The Sponsor or its designated representative will make a minimum of five (5) attempts to contact the eligible winning Nominee (using the information provided on the Form) within three (3) business days of the Selection Date. If the eligible winning Nominee cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Nominations in accordance with Rule 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winning Nominee).
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES. Before being declared A CONFIRMED PRIZE winner, the eligible winning Nominee will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Challenge, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof (including, but not limited to, any travel related thereto); (iv) agrees to the publication, reproduction and/or other use of his/her name, city and province/territory of residence, voice, statements about the Challenge and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet; and (v) agrees to participate in the filming of short videos about their involvement in the community and experience at the Grey Cup. If the eligible winning Nominee: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Challenge documents within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible Nominations in accordance with Rule 10 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winning Nominee).
This Challenge is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Challenge are final and binding on all participants without right of appeal. ANY INDIVIDUAL OR ENTITY DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Challenge; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Nomination, Nomination Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an participant’s or any other person’s computer or other device related to or resulting from participating in the Challenge; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Challenge (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Challenge as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Challenge in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Challenge, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
For Quebec residents: 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 board only for the purpose of helping the parties reach a settlement.
The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Challenge mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any participant, Nomination, Nomination Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Challenge as contemplated in these Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Challenge-related materials, including, but not limited to, the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Challenge will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Challenge.