Headphone Giveaway

Official Rules

No Purchase Necessary to Participate or Win. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN CANADA AND THE UNITED STATES. CANADIAN LAW GOVERNS ENTRANTS WHO ENTER SWEEPSTAKES FROM CANADA. U.S. LAW GOVERNS ENTRANTS WHO ENTER SWEEPSTAKES FROM THE UNITED STATES. DO NOT ENTER SWEEPSTAKES IF YOU ARE NOT LOCATED IN CANADA OR THE UNITED STATES AT TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.

Eligibility:

Headphone giveaway (the “Sweepstakes”) is open to legal residents of the fifty (50) U.S. states (including the District of Columbia), and to residents of Canada, including the Province Quebec, who have reached the age of majority in the country (or subpart thereof) in which the participant is domiciled. For purposes of the United States, age of majority means 18 years and older (except participants must be 19+ in Alabama and Nebraska and 21+ in Mississippi). Sweepstakes is void in Puerto Rico, Guam, and the Armed Forces. Sweepstakes is also void where prohibited by law. Employees of The Aldo Group Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable Canadian and U.S. federal, state and local laws and regulations, determined by whether entrant entered into Sweepstakes from Canada or from the United States. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s (as defined below) decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize is contingent upon fulfilling all requirements set forth herein.

Sponsor:

The Aldo Group Inc., 905 Hodge, Montreal, Quebec, Canada H4N 2B3 (the “Sponsor”)

Sweepstakes Submission Period:

The Sweepstakes submission period begins on September 28th, 2022 at 12:00 PM EST from the time the story announcing the Sweepstakes is deployed on Instagram until October 11th, 2022 at 12:00 PM EST (the “Sweepstakes Submission Period”). Sponsor is the official timekeeper for this Sweepstakes.

How to Enter:

Participation in the Sweepstakes includes holding an Instagram & account. Registered Instagram account holders must agree to the Instagram Terms (a copy of which can be found at https://www.instagram.com/terms/accept/?hl=en) and the Instagram Privacy Policy (a copy of which can be found at https://help.instagram.com/519522125107875/?maybe_redirect_pol=0).

During the Sweepstakes Submission Period you can enter by:

Heading over Call it Spring’s Instagram & Tik Tok account

Liking the Instagram & Tik Tok post specified by @callitspring (the “Post”)

Following @callitspring on Instagram & Tik Tok

tagging one (1) friend who deserves to win

One (1) entry per person or email address during the Sweepstakes Period. Entries generated by script, macro or other automated means are void. Participant must have permission from all individuals that appear in the Submission to use their name in the Submission and to grant the rights set forth herein. If requested, Participant must be able to provide such permission in a form acceptable to Sponsor. In the event that two or more Submissions appear to be substantially similar to one another, Sponsor will judge the Submission that was uploaded first and will not judge the later, substantially similar Submission.

By entering the Sweepstakes, you are indicating that you have read, understood and fully agree to these Official Rules. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected submissions which will be disqualified or for problems of any kind whether mechanical, human or electronic.

Random Drawing:

Winner/s will be selected in a random drawing on October 11th, 2022 (12:00PM EST) from all eligible entries received during the Sweepstakes Submission Period. Odds of winning depend on the number of eligible entries received. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes. Potential winner/s will be notified of their win on Call it Spring’s Instagram story on October 11th, 2022 (12:00PM EST). Potential winner/s must follow the Prize claim instructions provided as part of the initial notification and any subsequent claim instructions otherwise the Prize will be forfeited in its entirety. Winning is subject to verification of eligibility, including verification of age, and compliance with all terms and conditions of these Official Rules. Failure to respond to the initial notification within five (5) days will result in disqualification. To claim Prize, winner/s will be required to sign and return within five (5) days, where legal, the winner/s documents, which will be provided to winner/s in due time. If winner/s cannot be contacted in first two (2) attempts, fails to sign and return the General Agreement and Release Form within the required time period (if applicable), if any prize notification is returned as undeliverable, if winner/s rejects his/her Prize or in the event of noncompliance with these Official Rules and requirements, such Prize will be forfeited, and an alternate winner/s may be selected from all remaining eligible entries. Upon any prize forfeiture, no compensation will be given.

The Winner/s will need to sign the winner’s documents to be provided by Sponsor to the Winner/s. The Winner/s will also need to answer correctly, within a limited time and without any help, a mathematical skill testing question. A wrong answer will result in the disqualification of the Participant.

Prize:

There will be one (1) winner (the Winner/s) who will win the following Prize:

1 x pair of APPLE headphones (valued at $ 780 CAD)

1 x pair of Call it Spring shoes of their choice (valued at $ 70 CAD)

(the “Prize(s)”)

The Prize is valued at approximately $850.00 CAD. Prize values are in Canadian Dollars (CAD). No cash equivalent for the Prizes. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed Prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. For winners who entered into Sweepstakes from the United States, all U.S. federal, state, municipal, and local taxes, and all expenses associated with receipt or use of a prize, are the sole responsibility of the winner. Winners may receive an IRS Form 1099 for the retail value of the Prize if legally required, and in that instance will be required to provide Sponsor with winner’s social security number for purposes of same.

The odds of winning the Prize is determined by the total number of eligible entries received. The Prize is awarded "as is" with no guarantee, either express or implied. The Prize will be provided to the Winner/s within 2-3 weeks. If by reason of a printing, typographical, or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. The Prize will be shipped to the winner/s via Ground Shipping and at the expense of the Sponsor.

Winner/s are responsible for all taxes and fees associated with Prize receipt and/or use.

Winner/s will not be entitled to require that a Prize be transferred to another person, substituted for another prize or other goods or services, or exchanged in whole or in part for cash or any other form of compensation.

Prize will be delivered by mail or by any other method agreed upon between the Participant and the Organizer within two (2) weeks of the award of the Prize.

Entry Conditions and Release:

By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor, Instagram, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of Prize. This includes Facebook, Instagram, Twitter, YouTube, Google, or any other social media, mobile application, over-the-top application, or similar platform where this Sweepstakes may be promoted, advertised, or otherwise used to disseminate information relating to the Sweepstakes.

People who entered into Sweepstakes from Canada, not including the Province of Quebec : By receipt of any prize, Winner/s agrees to release and hold harmless the Sponsor, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest/Sweepstake or receipt or use or misuse of any prize, to the greatest extent permitted by applicable law. Depending upon the law of Participant’s country of residence, this release may not apply to claims against Sponsor, its representatives and its vicarious agents for damages because of personal injury or death.

People who entered into Sweepstakes from the Province of Québec: By receipt of any prize, winner/s agrees to release and hold harmless the Sponsor, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize, to the greatest extent permitted by applicable law. This release does not apply to claims for damages because of personal injury or death. This release shall not be interpreted in a way that Sponsor would be liberated from the consequences of his own act or the act of his representative.

Publicity:

Except where prohibited, participation in the Sweepstakes constitutes winner’s agreement to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, entry graph, voice, opinions and/or city and state or province for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions:

Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages or other remedies from any such person to the fullest extent permitted by the law of where the person entered into the Sweepstakes, or the law of where the person committed the undermining act, or both. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability:

People who entered into Sweepstakes from Canada, not including the Province of Québec: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing or judging of Entries, the announcement of the Prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Entry. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

People who entered into Sweepstakes from the Province of Québec: The following limitation of liability shall not be interpreted in a way that Sponsor would be liberated from the consequences of his own act or the act of his representative. Subject to the foregoing, Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing or judging of Entries, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Entry. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

People who entered into Sweepstakes from the United States: By participating in the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators to release and indemnify and hold Sponsor and its respective officers, directors, employees and representatives harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Sweepstakes. By participating in this Sweepstakes, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsor and/or Sponsor’s representative, whose decisions are binding and final on all matters related to this Sweepstakes. By accepting any prize, winner/s grants to Sponsor the right to use his/her name, likeness, hometown and biographical information, for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, worldwide and on the Internet and World Wide Web, without further permission or compensation, except where prohibited by law. By accepting any prize, each winner/s agrees for himself/herself and for their heirs, executors and administrators to release and indemnify and hold Sponsors and its respective officers, directors, employees and representatives harmless from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery.

Intellectual Property rights

WITHOUT LIMITING THE GENERALITY OF THESE OFFICIAL RULES, THE WINNER/S AGREES TO IRREVOCABLY GRANT, TRANSFER, CONVEY AND ASSIGN TO SPONSOR THE ENTIRETY OF THE RIGHTS IN AND TO THE SUBMISSION, ANY DERIVATIVE WORKS MADE THEREOF, AND ALL RENEWALS AND EXTENSIONS OF COPYRIGHT TO ALL SUCH WORKS (INCLUDING THE RIGHT TO SECURE COPYRIGHT REGISTRATIONS THERETO) IN PERPETUITY (OR FOR THE LONGEST PERIOD OF TIME AUTHORIZED BY LAW, BUT IN NO CASE FOR ANY PERIOD OF TIME LESS THAN TEN (10) YEARS) INCLUDING, WITHOUT LIMITATION, THE RIGHTS TO USE THE SUBMISSION FOR ANY AND ALL PURPOSES IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, ON A WORLDWIDE BASIS. UPLOADING A SUBMISSION IN THIS SWEEPSTAKES ALSO CONSTITUTES PARTICIPANT’S WAIVER, TO THE EXTENT PERMITTED BY LAW, OF ALL MORAL RIGHTS CONFERRED UPON PARTICIPANT OR ARISING IN RESPECT OF PARTICIPANT’S SUBMISSION ANYWHERE IN THE WORLD. Winner/s further agrees to assist Sponsor with any or all filings, registrations, or other documentation as may be required to complete and perfect the assignment and transfer of rights. In the event that the Winner/s cannot transfer and assign the rights to the Submission as contemplated in this section, then Winner/s grants to Sponsor a non-exclusive, royalty-free, irrevocable, perpetual (or, if perpetual is prohibited by law, for the longest extent permitted by law but in no event less than ten (10) years), worldwide right and license to display, perform, modify, adapt, reproduce, encode, store, copy, transmit, publish, post, broadcast, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Submission, in whole or in part, and any/all works based thereon, for any purpose reasonably related to the Sweepstakes or to fulfill any promise made by Sponsor, including for promotional or marketing purposes, except where prohibited by law.

Disputes:

People who entered into Sweepstakes from Canada : (a) Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved exclusively by the Courts in the District of Montreal; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the province of Québec and the federal laws of Canada applicable therein, without references to the principles of conflicts of laws that would result in the application of the laws of another jurisdiction. 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.

People who entered into Sweepstakes from the United States: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZES OR OFFERS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; (3) 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 OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.

Force Majeure:

In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, COVID-19 restrictions, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemic, diseases, quarantine and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services (“Force Majeure Occurrence”). Sponsor may, at its sole discretion, provide a work-around solution to the Force Majeure Occurrence (such as an alternative prize etc.).

Entrant’s Personal Information:

All information will be submitted directly to the Sponsor via Instagram as part of this Sweepstakes. All information submitted to Sponsor will be treated in accordance with Sponsor’s Privacy Policy, available at https://www.aldoshoes.com/ca/en/legal/privacy-policy. Information submitted to Instagram is subject to Instagram’s privacy policy, available at https://help.instagram.com/519522125107875/?maybe_redirect_pol=0 . Your Personal Information will be used to contact you if you are the potential winner/s and for other purposes consistent with these Official Rules. Personal Information means any information you enter to participate in this Sweepstakes. Your country of residence may grant you the right to review and correct the personal data stored about you, including its origin, recipient or categories of recipients of the data and the purpose of the storage. In addition, you may have the right to disable and delete your data, depending upon the circumstances. If your country of residence grants you such rights, you may exercise them by making you request in writing. To submit your request, please write to CIS contest, c/o Hannah Sabuelba, The Aldo Group Inc., 905 Hodge, Montreal, Qc, Canada, H4N 2B3 and be sure to include the specifics about your request.

Entrants understand and acknowledge that all information is being provided to Sweepstakes and not to Facebook, Instagram, Twitter, YouTube, Google or any other social media where this Sweepstakes may be promoted, advertised, or otherwise used to disseminate information relating to the Sweepstakes. Sponsor is not responsible for practices, terms, or actions taken by any of these or other social media and web services sites. Entrants understand and acknowledge that they are required to comply with terms and conditions of those social media platforms listed in this paragraph. All questions, comments or complaints regarding the promotion should be directed to the Sponsor. This sweepstakes is in no way sponsored, administered or associated with Instagram, Facebook, Tik Tok or Apple.