Thyme Maternity Lingerie Contest

  1. NO PURCHASE IS NECESSARY TO ENTER THIS CONTEST (the “Contest”). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
  2. All monetary amounts herein are calculated in Canadian dollars.
  3. The Contest is open only to individuals who are legal or permanent residents of Canada that are at least eighteen (18) years of age and have reached the age of majority in their province or territory of residence at the time of entry, except the directors, officers, agents and employees of Reitmans (Canada) Limited (the owner of the “Thyme Maternity” division) and all of its affiliated and associated entities and divisions (collectively, “Reitmans”), their respective advertising and promotional agencies and all members of their respective immediate families living in the same household and any other persons with whom they are domiciled. For greater certainty, it is understood that entrants who are minors in their province or territory of residence are not eligible to enter the Contest.
  1. By entering the Contest, each entrant accepts the terms and conditions of these Contest rules and regulations (the “Rules”) and agrees to be bound by them. The Contest is subject to all applicable federal, provincial, municipal and local laws and regulations. The Contest is void where prohibited or restricted by law.
  1. The Contest offer will be open online only at the Thyme Maternity website found at thymematernity.com (the “Website”), the whole as more fully set forth in Section 6, from August 3, 2015 at 10:00 a.m. (Eastern time) until August 16, 2015 at 11:59 p.m. (Eastern time) (the “Entry Deadline”).
  2. In order to enter for a chance to win the one (1) Prize (defined below), each entrant must, by the Entry Deadline:
    1. Go online and visit the Website;
    2. Click on the Contest link on the Website where he or she will be redirected to the Contest page (the “Contest Page”);
    3. Fill in the online entry form by:
      1. providing all required contact information;
      2. correctly answering the Skill-Testing Question (defined below) contained therein;
  • checking-off a box confirming that he or she has read, understood and agrees with the Rules;
  1. only if he or she so chooses, checking-off a box indicating that he or she opts-in to receive notifications via e-mail about upcoming promotions offered by Thyme Maternity (for greater certainty, an entrant is not obligated to check-off the box in question and entry in the Contest is not conditional upon an entrant checking-off such box and opting-in to receive such notifications);
  1. Click “Submit”; and
  2. Only if he or she so chooses and in order to have the chance to collect one (1) or more additional entries as further described in Section 8, share the Contest with one (1) or more of his or her friends through the “Share with Friends” sharing tool found on the Contest Page.

 

  1. All eligible entries for the Contest must be received by Thyme Maternity by the Entry Deadline and must comply with the terms hereof. All entries become the property of Reitmans. Any entries by third parties, or generated by a script, macro or by any other automated means whatsoever (including, without limitation, any electronic, robotic or computer automated or automatic contest entry program, tool, service, script, bot, macro, system or software, whether commercially developed or otherwise), or that contain typographical errors, are altered, tampered with, incomplete, inaccurate, irregular in any way, or otherwise not in compliance with the Rules, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Reitmans. Odds of winning the Prize will vary depending on the number of eligible entries received by the Entry Deadline.

 

  1. (a) Subject to Section 8(b) below (i) only one (1) entry per entrant is permitted and all additional entries will be disqualified and (ii) without limiting the generality of the foregoing or of Section 7, it is understood and agreed that all additional entries made by or for a single entrant, or any attempt by an entrant to make more than one (1) entry per entrant, whether by using multiple e-mail accounts, identities, registrations, or any other methods, will be considered null and void and will cause the disqualification of such entrant from the Contest. Repeated violations of the foregoing may render such entrant ineligible for future contests or promotions offered by Thyme Maternity and/or Reitmans.

(b) Notwithstanding Section 8(a), each time an entrant’s friend uses the link for the Contest that the entrant shared with him or her as described in Section 6.e, such entrant will automatically earn one (1) additional entry in the Contest.

  1. One (1) prize (the “Prize”) will be awarded, consisting of:
    1. one (1) or more Thyme Maternity gift cards (the “Gift Cards”) having an aggregate retail value of three hundred dollars ($300.00) and which may be used at any participating Thyme Maternity store across Canada (collectively, the “Stores” and each, a “Store”); and
    2. one (1) in-store bra fitting session for the Winner (as defined below) (the “Fitting”), the whole as further described in Section 10 below (nominal value).

The total retail value of the Prize is three hundred dollars ($300.00). The Contest will have one (1) Prize winner in total (the “Winner”). The Winner will not be entitled to receive the balance of any amount representing the difference between the Prize’s maximum total retail value and its actual retail value, whether in cash, Gift Cards or otherwise. The Winner will not be entitled to receive the value of the Fitting if he or she does not attend the Fitting or the Fitting is cancelled for any reason whatsoever, whether in cash, Gift Cards or otherwise.

  1. With respect to the Fitting included in the Prize:
    1. the Fitting will consist of a maximum thirty (30) minute session to be held at the Store located closest to the Winner and able to accommodate such an event, which Store shall be determined by Thyme Maternity at its sole and absolute discretion (the “Fitting Location”);
    2. all services and offerings comprising or made available during the Fitting shall be determined by Thyme Maternity at its sole and absolute discretion;
    3. the Prize will not include, and as such the Winner will be responsible for, any transportation (whether ground, air or otherwise) to or from the Fitting Location;
    4. for greater certainty and without limiting the generality of the foregoing, it is understood that the selection of the Fitting Location will be made exclusively by Thyme Maternity based on the aforementioned criteria at its sole and absolute discretion; and
    5. subject to Section 14, the date of the Fitting (the “Fitting Date”) will be mutually agreed upon between the Winner and Thyme Maternity; notwithstanding the foregoing, the Fitting must take place within three (3) months following the Award Date (defined below) (the “Fitting Period”) and the Fitting Date cannot be scheduled outside the Fitting Period.
  2. For purposes of awarding the Prize, one (1) random draw will be conducted on August 20, 2015 at the head offices of Reitmans in Montréal, Québec at approximately 10:00 a.m. (Eastern Time) (the “Draw Date”) in order to select the one (1) Winner from among all of the eligible entries received by the Entry Deadline.
  3. For purposes of claiming the Prize, a selected Winner will be contacted by e-mail within five (5) business days following the Draw Date (the “Claim Date”). If the Winner cannot be reached by the Claim Date for any reason whatsoever, the Winner will be disqualified and deemed to have forfeited the Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Thyme Maternity may decide, in its sole and absolute discretion, to select a new Winner by a random draw conducted by Thyme Maternity until such time as contact is made in the same manner set out in this Section 12 with such newly selected Winner. Thyme Maternity will not be responsible for failed attempts to contact a selected Winner for any reason whatsoever, including, without limitation if any communication is unsuccessful, not returned or returned as undeliverable. If all or part of the Prize cannot be awarded to the Winner due to actions or circumstances beyond the control of Thyme Maternity, Thyme Maternity may decide, in its sole and absolute discretion, to award a substitute prize (or substitute prizes) of equal or greater retail value.
  4. Thyme Maternity reserves the right to verify eligibility qualifications of any entrant or Winner. In addition to the eligibility qualifications set forth in Section 3, the Winner must comply with the Rules and correctly answer a time-limited, mathematical skill-testing question (without the assistance of another person or mechanical device) (the “Skill-Testing Question”) included as part of the Release (defined below) and/or administered by a representative of Thyme Maternity during a pre-arranged, mutually convenient telephone call and/or as otherwise may be provided by Thyme Maternity. In addition to the foregoing and in order to be eligible to receive the Prize awarded hereunder, the Winner may be required to execute a full release and affidavit of eligibility in a form to be provided by Thyme Maternity which, inter alia, relieves Reitmans from any and all liability for injury associated with the Prize or any component thereof awarded to the Winner, as well as satisfy any and all laws and regulations and other criteria required by the Winner’s province or territory of residence (the “Release”). Should the Winner not comply with the Rules, decline his or her Prize or any part thereof for any reason whatsoever, not claim his or her Prize by the Claim Date, incorrectly answer the Skill-Testing Question, not execute any required Release, or otherwise fail to satisfy any requirement or eligibility qualification contained herein, the Winner will be disqualified and deemed to have forfeited his or her Prize without any prize replacement, reimbursement or substitution of any kind whatsoever and in such circumstances, Reitmans will have no further obligation to the Winner in question and may decide, in its sole and absolute discretion, to select a new Winner as set forth in Section 12 and the terms and conditions of Section 12, Section 13 and Section 14 herein will apply mutatis mutandis to such newly the Winner.
  5. The Winner will be entitled to be awarded his or her Prize on the date on which the eligibility qualifications of the Winner have been satisfied in accordance with Section 13 herein (the “Award Date”). The Gift Card(s) comprising the Prize will be sent to the Winner by registered mail or courier to the address provided by the Winner (a signed acknowledgment of receipt at the delivery location will be required) within five (5) business days of the Award Date. Thyme Maternity reserves the right to modify, in its sole and absolute discretion, the method of delivery of the Gift Cards as described in this Section 14 to the Winner in the event that delivery as described in this Section 14 is not possible due to any cause beyond the control of Thyme Maternity. The Fitting Date will be mutually agreed upon between the Winner and Thyme Maternity by e-mail (acknowledgment of receipt ofe-mail will be required) within two (2) business days following the Award Date. Thyme Maternity reserves the right, in its sole and absolute discretion, acting reasonably, to cancel the Fitting in the event that the Winner and Thyme Maternity cannot within the aforementioned delay mutually agree upon the Fitting Date as described in Section 10(e) and in this Section 14. The Winner’s name may appear on the Website, the Thyme Maternity Facebook Fan Page (the “Fan Page”) and/or any other Thyme Maternity and/or Reitmans’ online social networking and media marketing web pages for no less than thirty (30) days following the Award Date.
  6. No cash, product substitution or prize equivalent will be permitted. The Prize cannot be combined or used in conjunction with any other contest or offer. The Prize must be accepted as is, and cannot be redeemed for cash, prepaid cards or gift cards of any kind (including any other Gift Card(s)), in whole or in part. No component of the Prize may be returned after delivery. No rain checks will be provided. No refund or compensation of any costs or expenses incurred by the Winner will be made. Choices of styles, sizes, colours, types of products and merchandise which may be purchased with a Gift Card are subject to availability at the Stores, including during the Fitting. Once booked with Thyme Maternity, the Fitting Date cannot be rescheduled, changed, extended, postponed or substituted.
  7. If, by reason of a typographical or other error, more Prizes are claimed than the number set forth in the Rules, all individuals making purportedly valid claims will be included in a random draw to award the advertised number of Prizes available. No more than one (1) Prize will be awarded in total in connection with the Contest.
  8. By entering the Contest and/or attending the Fitting, all entrants (A) irrevocably grant to Reitmans the right (i) to include their name and information (including e-mail address) on any of Reitmans’ mailing/e-mail lists and for any live person to person and Automatic Dialing-Announcing Device calls, in each case for all purposes required in connection with the Contest and, to the extent permitted by and in accordance with applicable law, for promotional purposes relating to Reitmans, and (ii) to use their name in any publicity carried out by Reitmans, and (B) agree to grant to Reitmans a non-exclusive irrevocable license and right to incorporate, use and reproduce, in whole or in part, their photograph (including any photograph taken during the Pampering Session), voice, name, actual or simulated likeness, biographical information, city or original hometown and province or territory of residence, without additional compensation or consideration of any kind, for the purposes set out herein in connection with the Contest as well as in, and in connection with, the advertising, exhibiting, marketing, promotion and exploitation of its business in any manner, in all media throughout the world whether now known or hereinafter devised, including without limitation, on the Website, the Fan Page, and/or any other Thyme Maternity and/or Reitmans online social networking and media marketing web pages, and all forms of print, radio, television, home-video, CD ROM, DVD, and other interactive “electronic” media, in perpetuity. Those individuals who do not wish that their personal information be used for such purposes are required to so indicate in writing to Reitmans at the following address: 250 Sauvé Street West, Montréal, Québec, H3L 1Z2; ATTENTION: Reitmans Customer Service. For further information regarding the use of an entrant’s personal information by Thyme Maternity and/or Reitmans, please refer to the Privacy Policy on the Website.
  9. All expenses related or incidental to the receipt and use of the Prize, including any and all surcharges, fees, taxes (federal, provincial or local), and any travel or transportation costs (whether ground, air or otherwise), including between the Winner residence and any Store or to or from the Fitting, will be the sole responsibility of the Winner. Without limiting the generality of the foregoing, all fees, costs and expenses of any kind whatsoever not specifically stated herein to be the responsibility of Thyme Maternity and/or Reitmans, will be the sole responsibility of the Winner and no refund of or compensation for any such fees, costs and expenses incurred by the Winner will be made. The Prize and every component thereof is non-refundable, non-transferable and may not be reissued or revalidated in whole or in part.
  10. Reitmans will not be responsible for lost, stolen, mutilated, late, misdirected or ineligible entries that may occur in the administration of the Contest. Thyme Maternity will not be responsible under any conditions whatsoever for any problems or technical malfunctions relating to the Contest, for any printing or typographical errors or problems in connection with any Contest-related materials, or for any computer, online, human or technical malfunctions that may occur in the administration of the Contest, including problems with the Website, the Contest Page, any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Thyme Maternity on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to an entrant’s or any other person’s computer relating to or resulting from participation in the Contest or downloading any Contest-related materials.
  11. Subject to a contrary ruling by the Régie (defined below), if for any reason the Contest is not capable of running as planned due to (i) infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, technical malfunctions or any other causes corrupting or affecting the administration, security, fairness, integrity or proper conduct of the Contest whether in connection with the Website, the Contest Page, or otherwise, (ii) insufficient entries, or (iii) due to any other cause beyond the control of Thyme Maternity, Thyme Maternity reserves the right, in its sole and absolute discretion, to disqualify an individual and/or cancel, terminate, modify or suspend the Contest in whole or in part and/or modify the Rules. Without limiting the generality of the foregoing, Thyme Maternity reserves the right to prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. CAUTION: ANY ATTEMPT BY ANYONE TO DAMAGE OR DISRUPT THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE CONSIDERED A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, REITMANS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
  12. In the event of any dispute regarding entries received from multiple users having the same e-mail account, entries will be deemed to be made by the authorized account holder of the e-mail address submitted during entry, but only if he or she meets all other eligibility criteria contained in the Rules. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider, online service provider or other organization (e.g., business, educational, institutional, etc.) that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. The Winner may be required to provide Thyme Maternity and/or Reitmans with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry, or forfeit his or her Prize.
  13. All entrants assume all liability for injuries caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize granted herein, including any and all losses, damages, rights, claims, costs, actions and causes of action with respect to the Prize (including without limitation, in connection with travel, if applicable). Without limiting the generality of the foregoing, by entering the Contest, entrants release and forever discharge Reitmans and its parent companies, affiliates, subsidiaries, agents, advisors, employees, officers, directors, shareholders, representatives, licensees, franchisees, advertising and promotional agencies, successors and assigns from any and all losses, damages, rights, claims, costs, actions and causes of action of any kind whatsoever arising in connection with the Contest or resulting from the acceptance, possession, or use or misuse of the Prize granted herein or any other prize that may be awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage as well as claims based on publicity rights, defamation, or invasion of privacy.
  14. It is each entrant’s sole responsibility to notify Thyme Maternity in writing at the address indicated above if he or she changes his or her telephone number, e-mail or mailing address or any other contact information. All corrections to the contact information of an entrant must be received by Thyme Maternity by the Entry Deadline.
  15. To the extent permitted by applicable law, if any of the terms of the Rules are or become invalid, are ruled illegal by the Régie (defined below) or any court of competent jurisdiction, or are deemed unenforceable under the then current applicable laws, it is the intention of the parties hereto that the remainder of the Rules will not be affected thereby and will remain in full force and effect.
  16. For Québec entrants, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
  17. For an additional set of the Rules and/or the Winner’s name, visit the Website or send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included) to: Reitmans (Canada) Limited, 250 Sauvé Street West, Montréal, Québec H3L 1Z2; ATTENTION: Thyme Maternity Customer Service.