Argus Bermuda Half Marathon Derby Contest

Official Rules & Regulations

NO PURCHASE NECESSARY TO ENTER OR WIN. THE FOLLOWING CONTEST IS VALID IN BERMUDA, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.

 

CONTEST: "Bermuda Half Marathon Derby" Contest (the “Contest”).

 

CONTEST DATES:Contest is scheduled to begin at 16:00:01 pm AST on Wednesday, May 8, 2019 and ends on Wednesday, May 22, 2019 at 11:59:00 pm AST (the “Contest Period”). The Contest is subject to all applicable national laws and regulations and is void outside Bermuda

 

1. SPONSORSHIP:

This contest is sponsored by Bermuda Life Insurance Company Limited (“BLIC”).

 

2. WHO MAY ENTER:

Contest is open to Bermuda and Bermuda residents only, who have reached the age of 18 as of their date of entry. The following persons are not eligible to participate or win: employees, officers and directors of Argus Group Holdings Limited (“Sponsor”), its, affiliates, subsidiaries, distributors, retailers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, the “Contest Parties” or “Releasees”).

 

3. HOW TO ENTER:

No purchase necessary. You can participate in the Contest during the Contest Period at https://www.facebook.com/argusbermuda (the “Facebook Page”). To participate, visit the Argus Group Holdings Limited Facebook Page and navigate to the post made on Wednesday, May 8, 2019. This post may also be pinned to the top of the Argus Group Holdings Limited Facebook Page. You will then be prompted to “make a comment” on the post. Commenting on the post constitutes an “Entry” and you become an “Entrant.”

If you are randomly chosen as a potential winner, the Argus Group Holdings Limited Facebook Page community manager will respond to your comment and prompt you to send a Private Message on Facebook to Argus Group Holdings Limited, where you will be required to submit your first name, last name, valid email address, and telephone number. We will also confirm that you accept and agree to be legally bound by the terms and conditions of these Official Rules and Regulations. (the “Rules”).

If you do not respond to the community manager’s response within three (3) business days, 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, to select an alternate and a new potential winner will be randomly selected.

There is a limit of one Entry per person/email address during the Contest Period. All Entries are subject to verification at any time. 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) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

By submitting an Entry, you agree that the Entry (and each individual component thereof) is entirely original and the creation of the Entrant and complies with all conditions stated in these rules. The Releasees will bear no legal liability regarding the use of your Entry and the Releasees shall be held harmless by you in the event it is subsequently discovered that you have departed from or not fully complied with any of these rules.

4. PRIZE:

There will be ten (10) prizes available (each a “Prize”) to be won consisting of a $110 People's Pharmacy Gift Card and two (2) customisable celebration t-shirts.

Each Prize must be accepted as awarded and is not transferable or convertible to cash except at Sponsor’s sole option. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize(s) or a component thereof with a Prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Prize(s) will only be awarded to the eligible Entrant whose complete name and valid email address appears on the official Contest entry form.

Only one (1) Prize per person will be awarded.



5. SELECTION PROCESS — PRIZE WINNER(S):

On Wednesday, May 15, 2019 and Wednesday, May 22, 2019 (the “Selection Date”) at 12:00 pm five (5) Prize winner(s) will be randomly selected from amongst the Entrants by the Sponsor and/or its representatives.

The Sponsor or its designated representative(s) will make three (3) attempts to contact the potential Prize winner(s) by telephone or email (using the information provided at the time of sending the Private Message) within three (3) business days of the Selection Date. If the potential Prize winner(s) cannot be contacted within three (3) attempts or seven (7) business days as outlined above (whichever occurs first), or there is a return of any notification as undeliverable; 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, to select an alternate Finalist to be the potential Prize winner (in which case the forgoing provisions of this section shall apply to such new eligible Prize winner).

Before being confirmed as a winner, the Prize winner(s) will be required to complete 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 Releasees from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iii) assigns all intellectual property, including copyright, in and to his/her Entry and waives his/her moral rights therein in favour of the Sponsor; (iv) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry, including without limitation, any claim that his/her Entry infringes a proprietary interest of any third party (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest 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.

If the selected Entrant: (a) fails to return the properly executed Contest documents, within the specified time; and/or (b) cannot accept the Prize for any reason; 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, to select an alternate eligible from among the remaining eligible finalists. Upon receipt of the completed winner document(s), winner(s) will be contacted to make Prize delivery arrangements.

Failure to collect or properly claim the Prize in accordance with these rules will result in forfeiture of the Prize. If forfeited for any reason, winner will not receive any other Prize substitution or compensation.

 

6. ADDITIONAL RULES & RESTRICTIONS:

By participating in this Contest, Entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and/or its representatives, which shall be final in all matters relating to this Contest. In the event an Entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible for the Prize, in the discretion of the Sponsor.

By participating, Entrants agree to hold all Releasees harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an Entrant’s participation in this Contest, or the acceptance, possession or use/misuse of the Prize, or participation in Prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefore. The Releasees make no warranty, guaranty or representation of any kind concerning any prize and disclaim any implied warranty.

Releasees shall not be liable to winner or any other person for failure to supply the Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause.

Participants are restricted to use of ordinary and typical computer equipment and Internet access. Sponsor disclaims all liability for the inability of a participant to complete or continue an Entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for failure to receive Entries due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant’s ability to participate in the Contest, and any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the conducting of the Prize drawing, the cancellation of any element of a Prize, the processing of entries or in the announcement of the Prize or Prize winner.

In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An Entrant may be required to provide proof (in a form acceptable to the Sponsor — including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the selected Entry.

The Sponsor reserves the right, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is 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 to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.

The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entry with these Rules, or as a result of technical 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.

All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.

IN CASE OF DISPUTES: Any dispute or question whatsoever that may arise between the Parties and relating to these Rules or the Contest shall be submitted to three (3) arbitrators one (1) to be appointed by each of the Parties hereto and the third arbitrator to be appointed by the other two arbitrators such appointments to be made within thirty (30) days of notification of the decision being taken to refer to arbitration and such submission shall be considered a reference to arbitration within the meaning the Arbitration Act 1986 or any Act for the time being in force amending or replacing the said Act. Any decision reached by arbitration shall be binding on both Parties. The Parties shall share equally the costs of any arbitration, with the exception of any awards made thereunder. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
Intellectual Property: All Entries become the property of the Sponsor. By entering this contest you hereby irrevocably assign, to the extent possible by law, all rights and interest in the Entry, if any, including all copyright, to Sponsor and waive all moral rights therein in favour of Sponsor. In the event the above assignment of any rights you retain in an Entry is not valid for any reason, you hereby irrevocably grant Sponsor a worldwide, royalty-free non-exclusive license to use the Entry in any manner and in any media throughout the world, including for any and all promotional purposes, in perpetuity, and waive all moral rights therein in favour of Sponsor.
Privacy Clause: Argus Group Holdings Limited respects your right to privacy and will use your personal information only to conduct the Contest and for the purpose as described in these Rules. Information collected is used solely to administer the Contest and is not sold, transferred, rented or loaned to any third parties in accordance with our privacy policy at www.argus.bm. No correspondence will be entered into except with selected Entrants, unless Entrants otherwise agree.
Sponsor: This contest is sponsored by Bermuda Life Insurance Company Limited. This Contest is in no way sponsored, endorsed or administered by, or associated with People's Pharmacy. You understand that you are providing your information to the Sponsor and not to People's Pharmacy. People's Pharmacy is completely released of all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not People's Pharmacy.

 

INTERPRETATION

These Rules constitute the entire agreement between you and BLIC relating to this Contest and these Rules cannot be modified except as described herein. No waiver of any provision of these Rules shall be deemed, or shall constitute a waiver of any other provision (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. In the event that any provision herein or part thereof is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions or parts thereof shall be and remain in full force and effect and shall be construed as if the unlawful, void, invalid or unenforceable provision had been deleted from these Rules.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BERMUDA LIFE INSURANCE COMPANY LIMITED AND ARGUS HOLDINGS COMPANY LIMITED.