ECCO HEARTS & HANDBAGS SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED. OPEN TO ONLY LEGAL RESIDENTS OF CANADA WHO ARE 18 OR OLDER AND AT LEAST THE AGE OF MAJORITY IN THEIR PROVINCE/TERRITORY OF RESIDENCE AT THE TIME OF ENTRY. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES.

PLEASE READ THESE OFFICIAL RULES CAREFULLY. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO AND WILL COMPLY WITH THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.

1.     ELIGIBILITY; GENERAL. This sweepstakes is open to only legal Canadian residents residing in Canada who are 18 years or older and at least the age of majority in their province/territory of residence at the time of entry. Employees, representatives, and agents of ECCO Shoes Canada, Inc. (“ECCO”) and its promotional partners and their respective affiliates and subsidiaries, and the immediate families and household members of such employees, are not eligible to participate in this sweepstakes. By entering the sweepstakes, you (a) agree to comply with and be bound by these Official Rules, the decisions of ECCO, which are final and binding in all matters, and any and all applicable laws, rules, or regulations (collectively, “Applicable Laws”); (b) represent to ECCO that you satisfy these eligibility requirements, and (c) to the fullest extent permitted by law, waive any right to claim ambiguity in the sweepstakes or these Official Rules.

2.     BINDING AGREEMENT. These Official Rules form a legally binding agreement with respect to the sweepstakes. If you do not agree to the Official Rules, you are not eligible to participate in the sweepstakes or to win any of the prizes. You agree that your submission of an entry to the sweepstakes constitutes your agreement to these Official Rules.

3.     SWEEPSTAKES PERIOD. The sweepstakes begins at 12:00 AM ET on February 1, 2023 and ends at 11:59 PM ET on February 14, 2023 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period in order to be eligible.

4.     HOW TO ENTER. You may enter by one of the following two ways:

(i)              Enter at https://eccoheartshandbagssweepstakesca.splashthat.com

(ii)             Send ECCO an email to CA-MARKETING@ECCO.COM with the subject line “Sweepstakes Entry – ECCO HEARTS & HANDBAGS SWEEPSTAKES”, and include in the email your first and last legal name, your legal mailing address, the province/territory you live in (if different from your legal mailing address) and your email address

Regardless of method of entry, limit one (1) entry per person. For avoidance of doubt, you may not enter multiple times using multiple accounts, etc. All sweepstakes entries become the property of ECCO and will not be acknowledged or returned.

ECCO is not responsible for and will not consider any entries that (i) are incomplete, incorrect, damaged, illegible, misdirected, inaccurate or inaccurately captured, not received by ECCO, lost, stolen, delayed, undelivered, or late for any reason, including as a result of any technical, electronic, telephone, hardware, software, internet, server, email platform, Facebook, Instagram, website, application, access provider, network, computer, data transmission, or any third-party service errors, malfunctions, or difficulties (including any active or passive filtering) of any kind (collectively, “Transmission Failures”), or (ii) do not conform with the remainder of the requirements of these Official Rules (collectively, “Faulty Entries”).

If ECCO determines that there is any suspected or actual tampering, it may void the entries at issue, and/or terminate the sweepstakes, at which time, it may conduct a random drawing to award prizes using all eligible entries received as of the termination date.

5.     SELECTION OF WINNER. One (1) potential winner will be chosen by a random drawing to be conducted on FEBRUARY 15, 2023 from all eligible entries received during the Sweepstakes Period.

6.     WINNER VERIFICATION. The potential winner will be deemed a winner and eligible to receive the prize and the prize will be awarded only after the potential winner’s verification of eligibility and ECCO’s final verification and approval thereof. Prior to being confirmed as a winner, the potential winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid. ECCO may disqualify you from this sweepstakes and deem any such entry by you void if it suspects or finds that you have: (i) violated (a) the Official Rules, including by entering or attempting to enter multiple times, including through use of multiple accounts, or (b) any Applicable Law; (ii) tampered or attempted to tamper with the entry process or the operation of the sweepstakes, including by generating entries through an automated means to subvert entry process; (iii) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person; or (iv) attempted to undermine the legitimate operation of the sweepstakes by cheating, hacking, deception, or other unfair playing practices, or attempted or intended to annoy, abuse, threaten, or harass any other entrants, ECCO, or its representatives (collectively, “Violating Entries”). ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE DEEMED A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, ECCO WILL DISQUALIFY YOU AND MAY SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY BAN OR DISQUALIFY YOU FROM THIS AND FUTURE SWEEPSTAKES. All materials submitted become the property of ECCO and will not be returned.

7.     PRIZE. One (1) winner will receive two (2) bags from the ECCO Leather Goods collection. The estimated total value of the prize is $475 (CAD).

8.     GENERAL PRIZE CONDITIONS/LIMITATIONS. No prize substitution, cash equivalent of prizes, transfer, or assignment of prizes is permitted, except ECCO may substitute a prize or prizes of equal or greater value. Winner will receive prize by mail. ECCO may require personal identification to redeem the prize. ECCO is not responsible for any late, lost, stolen, damaged, delayed, or undelivered prizes. The two (2) ECCO LEATHER GOODS BAGS is the sole prize that the winner is entitled to, regardless of whether its actual retail value is less than the estimated retail value set forth in Section 7. 

9.     ODDS OF WINNING. Odds of winning will depend on the number of eligible entries received. Many will enter, only one will win.

OFFICIAL NOTIFICATION. The sweepstakes potential winner will be contacted by ECCO via email or a message on social media to the account that was used in entering the sweepstakes. The potential winner must respond by email within seven (7) days of being notified of winning (or will otherwise be disqualified). The potential winner must supply ECCO with his/her legal name, email address and mailing address. The potential winner may also be required to sign and return a declaration and release. Return of the prize notification as “undeliverable,” or any failure to respond or to return any required release in the time noted, or any other failure to comply with these Official Rules (including, but not limited to, incorrectly answering the skill-testing question), will result in disqualification of the selected winner and forfeiture of the prize. ECCO is not required to award elsewhere any prizes forfeited by the chosen winner. The prize will be awarded after ECCO’s receipt of the winner’s response and any required declaration and release, and proper verification of the winner’s identity and eligibility.

10. PRIVACY. By entering the sweepstakes, you recognize and agree that the registration information provided by you will be made available to ECCO, and use of such information will be governed by ECCO’s Privacy Policy found at https://ca.ecco.com/en/legal-pages/legal-privacy-policy.html. You agree that personal information shared in connection with the sweepstakes may be processed, shared, and otherwise used for the purposes and within the context of the sweepstakes and any other purposes outlined in these Official Rules. Personal information may also be used by the ECCO to verify your identity, age, postal address, or to otherwise verify the participant's eligibility to participate in the sweepstakes.

11.  TERMINATION OF SWEEPSTAKES; CHANGES TO OFFICIAL RULES. Subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, ECCO may terminate, suspend, or modify these Official Rules or this sweepstakes (or any portion thereof) at any time in any manner without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness, or proper conduct of the sweepstakes, ECCO may terminate the sweepstakes with the approval of the Régie.

12.  RELEASE; DISCLAIMER. ECCO, its promotional partners, their respective affiliates and subsidiaries, all prize suppliers, and the directors, officers, employees, and agents of all such entities (the “Released Parties”) do not assume any liability for and may not be held liable for, and you hereby release and discharge, and will indemnify and hold them harmless from any and all liability, losses, damages, rights, claims, and actions of any kind arising out of or relating to (i) the sweepstakes, including the administration of the sweepstakes, the selection or confirmation of winner, any errors, omissions, or the acceptance, possession, use, or misuse of the prize, including personal injuries, death, and property damage; (ii) publicity rights, defamation, or invasion of privacy, whether suffered by you or a third party; (iii) any Faulty Entries or Violating Entries; (iv) any Transmission Failure, including any injury or damage to your or any other person’s computer or other device related to or resulting from downloading any material connected to the sweepstakes, all of which may affect a person’s ability to participate in the sweepstakes; (v) any errors, omissions, or incorrect, or inaccurate information in any sweepstakes-related materials, including printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the sweepstakes howsoever caused; or (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party, including third-party computer "hackers" or otherwise. ECCO disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose with respect to the sweepstakes and any prizes. This section shall apply to the extent permitted by law.

13.  LIMITATION OF LIABILITY. Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgements, and awards against the Released Parties shall not exceed the total out-of-pocket expenses incurred by you to enter the sweepstakes. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages. This section shall apply to the extent permitted by law.

14.  FORCE MAJEURE. ECCO and the other Released Parties will not be liable for failure or delay in the sweepstakes because of causes beyond its reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

15.  WAIVER OF JURY TRIAL AND CLASS ACTIONS. EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE OFFICIAL RULES, THE SWEEPSTAKES, OR ANY PRIZE. ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM CLASS ACTION. THIS SECTION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

16.  CHOICE OF LAW; JURISDICTION; EQUITABLE RELIEF. This sweepstakes is void wherever prohibited or restricted by Applicable Law and is subject to all Applicable Laws.  This sweepstakes will be governed by and construed in accordance with the laws of the province of Ontario. You hereby consent to the exclusive jurisdiction and venue of the courts of the province of Ontario for resolution of all claims, differences, and disputes the parties may have regarding this Agreement. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause ECCO irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, ECCO will be entitled to injunctive or equitable relief. The provisions of these rules are deemed by the parties to be severable and the invalidity or unenforceability or any one or more of the provisions will not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. If any one or more of the provisions of these rules is held to be excessively broad or invalid, illegal, or unenforceable, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by Applicable Law in conformance with its original intent. 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.

 

ECCO SHOES CANADA INC.

50 Carroll Street

Toronto, ON M4M 3G3