THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING RESIDENTS OF QUEBEC) AND IS GOVERNED BY CANADIAN LAW
1. KEY DATES:
The Barbie® – You Can Be An Influencer Contest (the “Contest”) begins on July 9, 2020 at 12:00:00 p.m. Eastern Standard Time (“EST”) and
ends on July 22, 2020 at 11:59:59 p.m. EST (the “Contest Period”).
2. ELIGIBILITY TO ENTER:
Contest entry is open only to residents of Canada (excluding Quebec) who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry; and (ii) are the parent, legal guardian or authorized representative of a child (the “Child”) who is between the ages of five (5) and twelve (12) years old at the time of entry; except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Mattel Canada Inc. (the “Sponsor”), its parent company or companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
4. HOW TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT IN ANY WAY INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING.
To enter, go to (the “Website”) and follow the on-screen instructions and promots to complete the following steps:
You must create a video (a “Video”) that depicts your Child sharing why they would like to an Influencer and a story about Barbie (the “Theme”). The Video must feature: (i) your Child’s favorite Barbie; or (ii) a drawing created by your Child of a Barbie. FOR THE AVOIDANCE OF DOUBT, THE VIDEO MUST FEATURE ONLY YOUR CHILD. To be eligible, your Video must: (i) depict the Theme; (ii) be no more than five (5) minutes in length; (iii) be in one of the following file formats: MPEG, MP4 and MOV; (iv) be a file size of no larger than: 5MB; and (v) otherwise be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 6 (all as determined by Sponsor or its designated content reviewer(s) in its or their sole and absolute discretion).
You must access the the Official Contest Entry Form (the “Entry Form”) through the Website. Next: (i) fully complete the Entry Form with all required information; (ii) upload your Video; and (iii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Rules.
Once you have completed the steps as outlined above, you will be eligible to earn one (1) Entry (each, an “Entry” and collectively, the “Entries”) in the Contest.
5. ENTRY LIMIT AND SPONSOR’S RIGHT TO VERIFY:
There is a limit of one (1) Entry per person, per Child permitted during the Contest Period. This means that the same eligible entrant can submit one (1) Entry for each Child of which he/she is the parent, legal guardian or authorized representative – provided: (i) each such Child meets the eligibility requirements noted above in Rule 2; and (ii) the Entry in relation to each Child is unique and original (i.e. you cannot submit the same Video for each Child).
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: (i) obtain or submit more than one (1) Entry per person, per Child during the Contest Period; and/or (ii) use multiple names, multiple identities, multiple email addresses 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 Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, shareholders officers, directors, members, agents, 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 Entries and/or other information (all of which is void). Any Entry you attempt to submit may be rejected if (in the sole and absolute discretion of the Sponsor): (i) the Entry Form and/or Video is not fully completed and submitted during the Contest Period in accordance with these Rules; and/or (ii) the Sponsor determines, in its sole and absolute discretion, that your Video is not in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 6.
All Entries, materials and entrants 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 Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest 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 Contest will be the official time keeping device(s) used by the Sponsor.
6. SUBMISSION REQUIREMENTS AND CONTENT LICENSE:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, ANY PRIZE (INCLUDING ANY USE OR MISUSE OF ANY PRIZE). 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. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.
Your Video must never have been previously selected as a winner in any other contest. By participating in the Contest, each entrant hereby warrants and represents (on behalf of his/her Child and on his/her own behalf) that the submitted Video:
i. is original and that all necessary rights in and to the Video (and all individual components thereof) have been obtained for the purposes of entering the Contest;
does not violate any law, statute, ordinance or regulation;
does not contain any reference to or likeness of any identifiable third parties;
will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or
publicity, or infringe on any rights and/or interests of any third party; and is not defamatory, trade libelous, pornographic or obscene, and further that they will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen every Video. Any Video (or a component thereof) that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time, to modify, edit or remove any Video (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Video (or a component thereof), in order to help ensure that the Entry (or any component thereof) complies with these Rules, or for any other reason. If such an action is necessary at any point in time (including, but not limited to, during or after the Contest), then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances to help ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.
By entering the Contest, each entrant (on behalf of his/her Child and on his/her own behalf): (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Video (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Video (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Video); and (iii) agrees to release and hold harmless the Sponsor and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Video (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.
7. THE PRIZES AND APPROXIMATE RETAIL VALUES:
There are a total of fifteen (15) Prizes (each, a “Prize” and collectively, the “Prizes”) available to be won.
Each Prize will consist of an influencer kit – which, includes various props and accessories to shoot videos (includes: custom backdrop, ring light, table cloth, table lamp and minimum two Color Reveal Barbies). The approximate retail value of each Prize is $500 CAD.
As a condition of being confirmed as a winner, the Sponsor will require the entrant to use the Prize to complete a subsequent video of his/her Child (the “Subsequent Video”) – which Subsequent Video will be eligible to be included in certain promotional materials for the Sponsor. The opportunity to have the Subsequent Video appear in such promotional materials is not guaranteed and all decisions in this regard will be made by the Sponsor in its sole and absolute discretion.
The Subsequent Video must feature your Child only and must be an unboxing video of a Color Reveal Doll. At a minimum, the Subsequent Video must include:
A description of the unboxed doll, packaging and the mystery bags
A showcase and/or description of the different reveal moments – for example, what happens when the doll is in warm water? what does
cold water reveal?
A description of the opening of the mystery bags, reacting to the wigs and accessories
Use of the phrase “Hey everyone!” at the start of the Subsequent Video - like you’re greeting your very own followers
A description of what you’re seeing as you’re seeing it and your favourite part(s) of the Color Reveal Doll
Use of the phrase “With Barbie, you can be anything!” at the end of the Subsequent Video
There is a limit of one (1) Prize in relation to a Video/Child. Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges 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 his/her Prize in any way be unsatisfactory.
8. WINNER SELECTION PROCEDURE (15 WINNERS):
A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each eligible Entry submitted and received in accordance with these Rules during the Contest Period on the basis of the following equally weighted criteria (the “Criteria”):
1. PERCEIVED FIT WITH BARBIE® BRAND 25%
2. PASSION FOR CONTENT CREATION 25%
3. CREATIVITY 25%
4. ON-CAMERA ABILITIES AND CHARISMA 25%
Each eligible Entry will be given a score (the “Score”) by the Contest Judges (as determined by the Contest Judges, in their sole and absolute discretion). Odds of being selected as an eligible winner of a Prize depend on the number and calibre of eligible Entries submitted and received during the Contest Period in accordance with these Rules.
In the event of a tie between two or more eligible Entries based on Score, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on Criteria 1 (and in the event of a further tie, Criteria 2, followed by Criteria 3, followed by Criteria 4) will be selected as the eligible winner of a Prize. In the event of an exact tie based on all criteria, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the procedure outlined above.
Judging is expected to be completed by July 24, 2020 (the “Selection Date”).
9. WINNER NOTIFICATION AND CONFIRMATION PROCEDURE:
The Sponsor or its designated representative will make a minimum of two (2) attempts to contact each eligible winner (using the information provided on the Entry Form) within two (2) business days of the Selection Date. If an eligible winner 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 based on the next highest Score received in accordance with these Rules to be the eligible winner of a Prize (in which case the foregoing provisions of this section shall apply to such new eligible winner).
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, each selected entrant will be required to sign and return within fourty-eight (48) hours 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 Contest, his/her participation therein, his/her Child’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) assigns all intellectual property, including copyright, in and to his/her Video (and Subsequent Video created as part of the Prize); (v) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof) including, without limitation, any claim that his/her Entry (or an component thereof) infringes a proprietary interest of any third party; and (vi) agrees to the publication, reproduction and/or other use of his/her Child’s name, his/her name, or either of their voices, statements about the Contest and/or photographs or other likenesses 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.
If an eligible winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; (c) cannot submit (or refuses to submit) the Subsequnt Video 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 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 based on the next highest Score received in accordance with these Rules to be the eligible winner of a Prize (in which case the foregoing provisions of this section shall apply to such new eligible winner).
10. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial/territorial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE 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 any website or any platform during the Contest; (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 Entry, Video, 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 any computer or other device related to or resulting from participating in the Contest; (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, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (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 Contest 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 Contest 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, in its sole and absolute discretion, reserves the right to cancel, amend or suspend this Contest, 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 adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry, Video 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 Contest 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 Contest-related materials, including, but not limited to: the French version of these Rules (if available), 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 Contest 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 Contest.