arcadia earth:
our planet challenge 2024

ELIGIBILITY - No purchase necessary.

1. Videos and/or Photos (as defined below) may be posted by individuals who (i) have achieved the age of majority in the province or territory in which they reside as of the date of posting the Video and/or Photo and (ii) have a  valid Instagram, Facebook, X, YouTube, or TikTok account with a profile turned on  to public and be able to receive direct messages from the Sponsor. If an individual does not have an Instagram, Facebook, X, YouTube, or TikTok account, one will need to be created. To obtain a free Instagram, Facebook, X, YouTube, or TikTok account, visit www.instagram.com, www.facebook.com, www.twitter.com, www.youtube.com, or www.tiktok.com and follow the on-screen instructions to sign-up for a free account. 

2. To be eligible to win a weekly Prize (as defined below), you must (i) sign up to our challenge on https://www.arcadiaearth.ca/, (ii) post a Video and/or Photo during the Contest Period, (iii) be a resident of Canada (excluding Quebec), and (iv) have achieved the age of majority in the province or territory in which you reside‎ as of the date of posting the Video and/or Photo (an “Eligible Canadian Resident”).

HOW TO POST A VIDEO AND/OR PHOTO:

During the Contest Period, Eligible Canadian Residents (as described in section 2(b)) may:  

• Record a video and/or take a photo (the “Video and/or Photo”) of (the “Challenge”) following the guidelines in Section 4 “Video and/or Photo Format and Content”; 

• Post the Video and/or Photo to their Instagram, Facebook, X, YouTube, or TikTok ‎ account.

• Tag one of Arcadia Earth social media’s on Instagram, Facebook, X, YouTube, or TikTok ‎, and include #ourplanetchallenge. Videos and/or Photos must comply with the social media platform’s rules and policies. Sponsor is not responsible in any way for any decisions made by the applicable social media platform regarding any Video and/or Photo. 

In order for the Video and/or Photo to be considered a valid entry, the Video and/or Photo, must present a clear image or video of the participant completing the Challenge. By posting a Video and/or Photo, participants (i) acknowledge compliance with these Rules including all eligibility requirements, (ii) agree to be bound by these Rules and by the decisions of the Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to this Contest, (iii) agree that the Sponsor (and those authorized by the Sponsor) shall be entitled to use the Video and/or Photo as provided in these Rules, (iv) confirm and represent and warrant to  the Sponsor that adequate and appropriate consent to participate in the Video and/or Photo, as well as for the Video and/or Photo to be used by Sponsor (and those authorized by the Sponsor) as provided in these Rules, has been obtained from each person appearing in the Video and/or Photo (or, in the case of minors, their parents or legal guardians) and (v) consent to the use of their name, without further notice or remuneration, in connection with any publicity carried out by or on behalf of the Sponsor with respect to the Contest.

Individuals may post multiple Videos and/or Photos. Regardless of the number of times a specific Video and/or Photo is posted, it will only be eligible if the participant tags: @arcadiaearth (Instagram), @arcadiaearthto (TikTok), Arcadia Earth (Facebook), and includes the #ourplanetchallenge. Contest entries will not be considered eligible for Prizes if the Videos and/or Photos do not comply with these Rules. 

VIDEO AND/OR PHOTO FORMAT AND CONTENT:

Each Posted Video:

• Must showcase a Video and/or Photo of the participant completing the Challenges (as described in section 3 above) in order to be considered as an eligible participant, the Video and/or Photo must have tag @arcadiaearth and include #ourplanetchallenge in each entry.

• Must be uploaded and posted on any of the social platforms listed: Instagram, Facebook, X, YouTube, or TikTok; 

• Must not, as determined in the sole and absolute discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content, including, but not limited to: crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that demonstrates, endorses, condones and/or discusses any illegal, inappropriate or risky  behaviour or conduct (including, but not limited to, the use of alcohol or drugs) or contain content that is political in nature, threatening, abusive, harassing, tortious, defamatory, hatefully, racially, ethnically or otherwise offensive or objectionable; personal information of individuals, including, without limitation, names, telephone numbers and addresses  (physical or electronic); 

• Must be intended for family audience viewing and contain only content that, as determined in the sole and absolute discretion of the Sponsor, is suitable for all persons, including persons under the age of thirteen (13);

• Can post multiple times for each Challenge;

• Must not have been used for another contest, promotion or other commercial purposes;

• Must not contain any copyrighted works (other than as owned by the individual posting the Video and/or Photo or the Sponsor); and

• Must not violate any law, regulation or third-party policies.

DECLARATION FOR VIDEO AND/OR PHOTO SUBMISSIONS: 

By Submitting Any Video and/or Photo, the individual posting the Video and/or Photo: 

• Declares having obtained consent to participate/be portrayed in the Video and/or Photo from all individuals appearing in the Video and/or Photo (or, in the case of any such individuals who are under the legal age of majority in their jurisdiction of residence, the parent or legal guardian of such individuals);

• Declares the Video and/or Photo is unique, original and created solely by the individual posting the Video and/or Photo;

• Declares they have the right to use, disseminate, publish, and distribute the Video and/or Photo (including, without limitation, for the purposes of this Contest in accordance with these Rules) without violating any laws or third-party rights; 

• Agrees to indemnify the Released Parties (as defined below) for any expenses incurred from any claims resulting from: (i) the use and/or dissemination of the Video and/or Photo by or on behalf of the Sponsor; and/or (ii) any breach of these Rules by the individual posting the Video and/or Photo; 

• Gives Sponsor a worldwide, non-exclusive, royalty-free, sublicensable, fully transferable,  irrevocable license to use, reproduce, disseminate, publish, distribute, represent publicly,  communicate to the public by telecommunication, make available, edit and modify the  Video and/or Photo around the world and in perpetuity, in any type of media, with no  further remuneration or notice whatsoever and, where appropriate, for all purposes related  to Sponsor activities, including but not limited to dissemination through various media and on the Sponsor’s social media channels (Instagram, Facebook, X, YouTube, and TikTok);

• Waives all moral rights and declares having obtained from all other individuals appearing in, or otherwise involved in the creation of, the Video and/or Photo (or, in the case of any such individuals who are under the legal age of majority in their jurisdiction of residence, the parent or legal guardian of such individuals) protecting the Video and/or Photo in favour of the Sponsor (and anyone authorized by the Sponsor to use the Video and/or Photo).

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, but not limited to, government-issued photo identification): (i) for the purposes of verifying the eligibility of any individual to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Video and/or Photo and/or other information 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.

AWARDING OF ENTRIES:

For each eligible and unique Video and/or Photo posted by the participant between April 1, 2024, at 12:00:00 AM ET and April 30, 2024, at 11:59:59 PM ET, will be deemed as an entry.

The Sponsor or its designated representative will determine, in their sole and absolute discretion, which Videos and/or Photos result in an entry. All determinations of the Sponsor or its designated representative in this regard will be considered to be final and binding without right of appeal.

PRIZES: 

‍The following prizes (collectively “Prizes”) are available to be awarded: 

• x5 Hernest Women’s Loungewear Bundles (approximate value $3,000)

• x4 Amego Electric Bike Giftcards (approximate value $2,000)

• x20 Good Tee Gift Cards (approximate value $1,000)

• x20 Eneloop battery prize packs (approximate value $1,000)

• x4 Birch Babe prize packs (approximate value $250)

• x4 Arcadia Earth Marketplace Gifts (approximate value $250)

• x8 Sets of Arcadia Earth tickets (x4 in each) (approximate value $1,500)

• x1 Suetables gift card (approximate value $100)

• x1 Vie Nail & Beauty Salon Gift card (approximate value $60)

• x1 2-night stay and complimentary breakfast for two at Westin Harbour Castle Toronto ($1200 value)

• x1 Dinner for two at La Plume (Oliver & Bonacini)

• x1 Liquid Earth Gift Basket ($90 value)
  

The Contest winner(s) assume any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Contest or the use or redemption of their Prize. All Prizes must be accepted as awarded without substitution and is not transferable. The Sponsor reserves the right, in the event that a prize (or any part thereof) cannot be awarded as described for any reason, to substitute another prize of equal or greater value, without liability. The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of a prize.

WINNING PARTICIPANT SELECTION PROCESS:

The winning participant(s) (each a “Winner”) will be randomly selected (as determined by the Sponsor in its sole and absolute discretion) during the Contest Period and will be eligible to be confirmed as a Winner. IMPORTANT NOTE: Participants and other individuals may encourage others to submit a Video and/or Photo; 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 an individual’s Video and/or Photo submission. Any participant or other individual determined by the Sponsor to be directly or indirectly engaging in such behaviour is subject to disqualification, and the corresponding Video and/or Photo is subject to disqualification in the sole and absolute discretion of the Sponsor.

WEEKLY PRIZES:

Each week during the Contest Period (starting April 1, 2024), one (1) random draw will be conducted as follows from all eligible Videos and/or Photos posted by Eligible Canadian Residents and received prior to each such draw:

The Eligible Canadian Resident who submitted the randomly selected Video and/or Photo will be eligible to receive a Prize (which will be randomly allocated from the available Prizes). Chances of winning any Prizes will depend upon the number of eligible Videos and/or Photos submitted by the applicable draw date by Eligible Canadian Residents; No more than one (1) Prize will be awarded to any individual Eligible Canadian Resident. Potential Prize winners will be notified by direct message from Arcadia Earth’s social media accounts on the Winner’s Video and/or Photo within twenty-four (24) hours of the applicable draw date. If a selected Eligible Canadian Resident  (i) does not respond to the comment or direct  message within forty-eight (48) hours of notification, (ii) fails to provide such materials as may be  reasonably requested by the Sponsor (which may include a release form confirming acceptance of  the Prize as awarded and releasing the Released Parties from any liability relating to the  Prize) within the specified time,will be ineligible to receive the Prize for which they were selected. In such an event, a further random draw will take place from among all remaining eligible Videos and/or Photos submitted by the applicable draw date by Eligible Canadian Residents; Sponsor shall not, however, conduct more than three (3) random draws for any Prize. By posting a Video and/or Photo, individuals consent to the use of their names and/or photographs for publicity purposes without compensation, worldwide in perpetuity and in any form of media including the Internet. 

GENERAL: 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 spirit of these Rules to enter or otherwise participate in or to disrupt this Contest, then the Sponsor reserves the right, in its sole and absolute 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 (including without limitation disqualifying any Video and/or Photo at any time). 

The  Released Parties will not be liable for any failure of any Contest related website or any social media  platform, and do not assume any responsibility for incorrect or inaccurate capture of information,  technical malfunctions, human or technical error, tampering, including the use of bots, printing errors,  lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any  telephone or computer lines or networks, computer equipment, software or any combination thereof.  The sole determinant of the time for the purposes of a valid Video and/or Photo submission in this Contest will be the Sponsor’s official clock(s). In the event it is determined by the Sponsor in its sole and absolute discretion that an individual has participated in a fashion not sanctioned  by these Rules, Sponsor reserves the right, in its sole and absolute 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  (including without limitation disqualifying any Video and/or Photo at any time). 

CONTEST CHANGES AND CANCELLATION: The Sponsor reserves the right, to terminate, suspend or amend this Contest at any time and in any way, without prior notice. Without limiting the foregoing, if, for any reason, the Contest is not capable of running as originally planned, such as tampering, the Sponsor reserves the right to cancel the Contest. The Released Parties shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Contest, including, but not limited to, any damage to an individual’s mobile phone, computer equipment, system, software or any combination thereof, as a result of the individual’s participation in this Contest. Further, the Sponsor reserves the right  to  adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the  extent deemed necessary by Sponsor, for purposes of verifying compliance by any participant,  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.

DISCREPANCIES: 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 French version of these Rules, the registration  orm, television, print or online advertising; the terms and conditions of these English Rules shall  prevail, govern and control to the fullest extent permitted by law. 

PERSONAL INFORMATION: Personal information collected as part of this Contest will be collected, used and disclosed by the Sponsor to administer the Contest and as otherwise set out in these Rules. 

For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please visit https://www.arcadiaearth.ca/privacy-policy. This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information. 

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, X, YouTube, or TikTok. The operators of all such platforms are hereby completely released of all liability by each participant posting a Video and/or Photo. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to the platform operator.

LAW: This Contest is void where prohibited by law and is subject to all applicable Canadian ‎federal, provincial, territorial, municipal and local laws. This Contest shall be governed ‎exclusively by the laws of the province of Ontario and any federal laws applicable therein, ‎including all issues and questions concerning the construction, validity, interpretation and ‎enforceability of these Rules, rights and obligations between entrants and the ‎Sponsor an procedural provisions, without giving effect to any choice of law or conflict of ‎law rules. Any dispute shall be adjudicated by the courts sitting in Toronto, Ontario.‎

INTELLECTUAL PROPERTY: All intellectual property, including but not limited to trademarks, logos, designs, ‎promotional materials, web pages, source codes, images, drawings, illustrations, slogans and ‎representations are owned by the Sponsor. All rights are reserved. Unauthorized copying or ‎use of any copyrighted material or other intellectual property without the express written ‎consent of the Sponsor is strictly prohibited.‎

RELEASE: As a condition of entering the Contest, you agree that (1) under no circumstances will you be ‎permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, ‎consequential or any other damages, and any claims, judgments or awards shall be limited to actual ‎out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or ‎any Prizes awarded, shall be resolved individually, without resort to any form class action; and (3) in ‎no event will you be entitled to receive legal fees. By entering the Contest, you ‎agree to release, discharge and hold harmless the Sponsor, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, Instagram, Facebook, X, YouTube, TikTok and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Contest (collectively, the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a Prize, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier to the Sponsor or used in connection with any aspect of the Contest to perform or deliver services, any act of God or any other event beyond the Sponsor’s control, any dissatisfaction of any kind with any aspect of the Contest or any Prize, liability for physical injury, death, or property damage that you, your heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of participation in the Contest and/or in connection with the acceptance of the Prize as awarded to you.‎