Lerners 90th Charitable Giveaway (the “Giveaway”) Official Rules
No Purchase Necessary. Open to all legal residents of Ontario, 18 years of age and older and all eligible charities/not-for-profit organizations registered with the Canada Revenue Agency and CanadaHelps.org as of the date of Giveaway opening and donation fulfillment.
1. What is the Lerners 90th Charitable Giveaway?
This year Lerners LLP proudly celebrates its 90th anniversary as a law firm. Lerners recognizes that its clients, staff and the legal and broader community have helped build our success. To celebrate our 90 years, Lerners wants to help others build on their success. As part of this initiative, we invite you to share your story of an Eligible Charity or not-for-profit organization (defined below) that has helped you in a meaningful way.
2. Giveaway Period and Phases
The Giveaway opens May 1, 2019 at 12:00:01 a.m. (EST) and closes on September 30, 2019, at 11:59:59 p.m. (EST). The Giveaway is run by Lerners LLP (the “Sponsor”). The Giveaway consists of six (6) phases (each, a “Phase”) as set forth in the table below:
PHASE ONE: STORY SUBMISSIONS
From May 1, 2019, 12:00 a.m. EST to June 30, 2019 11:59 p.m. EST
PHASE TWO: JUDGING
July 1, 2019, 12:00 a.m. to July 31, 2019, 11:59 p.m.
PHASE THREE: TOP 10 ANNOUNCEMENT
August 1, 2019, 12:00 a.m. EST to August 31, 2019 11:59 p.m. EST
PHASE FOUR: PUBLIC VOTING
September 1, 2019, 12:00 a.m. EST to September 30, 2019, 11:59 p.m. EST
PHASE FIVE: SELECTED ENTRANT NOTIFICATION (UNDER EMBARGO UNTIL NOVEMBER 1, 2019)
October 1, 2019 12:00 a.m. EST to October 1, 2019 11:59 p.m. EST
PHASE SIX: PUBLIC ANNOUNCEMENT
November 1, 2019
3. Eligibility to Enter and Vote
The Giveaway is open to individuals who are legal residents of Ontario and are 18 years of age or older at the time of entry. The eligible charity or not-for-profit organization that the entrant wishes to support must be registered with the Canada Revenue Agency and CanadaHelps.org at the time of Giveaway opening, and maintain such status until the donation is awarded (individually, an “Eligible Charity" or collectively, “Eligible Charities"). No tax receipts will be issued to the individuals who enter or are declared winners of the Giveaway.
To vote in the Giveaway, voters must be legal residents of Ontario and 18 years of age or older. Donations (described below) will be awarded to the winning Eligible Charity, not the individual who enters the Giveaway on behalf of the Eligible Charity.
4. HOW TO ENTER
NO PURCHASE NECESSARY. Internet access required. Entrants must share their stories via an original, personal story (“Story Submission”), of no more than 500 words in accordance with the Submission Guidelines (see Section 5 below) and upload it via the submission portal on www.lerners90.ca (the “Website”). You must also include your name, address and age in the entry form included on the Website. All Story Submissions must be submitted by June 30, 2019 at 11:59:59 p.m. EST.
Photo(s)/video(s), any additional content to support your Story Submission is optional and can be emailed to MarketingTeam@Lerners.ca. Story Submissions must not exceed 500 words.
Limit of one (1) Story Submission per person.
5. Submission Guidelines
Each Story Submission needs to have one (1) single organization mentioned as their “Eligible Charity” of choice. The Story Submission should contain the following information:
1) background of the Eligible Charity;
2) how the Eligible Charity has helped the entrant;
3) why the Eligible Charity should receive a donation, including how the donation would be used; and
4) how the entrant is connected to Sponsor
Story Submission must not:
be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity;
promote alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political or religious agenda or message;
be obscene or offensive, or endorse any form of hate or hate group;
contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, to the extent permission is necessary;
contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
contain copyrighted materials owned by others, without permission, to the extent permission is necessary; and
contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission.
By entering a Story Submission, each entrant warrants and represents that: (a) the Story Submission is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright; (b) it has not been previously published and it has not received previous awards (c) all persons shown in the Story Submission are the age of majority in their jurisdiction of residence or older (or you are their parent or legal guardian); (d) the Story Submission does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; (e) all individuals appearing in the Story Submission have granted to you permission to publish or otherwise use their likeness in the entry in any manner and media whether now known or hereafter devised including, without limitation, on the Website; (f) that the Story Submission complies with the Submissions Guidelines (g) it is appropriate for the Giveaway and all ages, in “good taste”, and suitable for publication as determined by Sponsor in its sole and absolute discretion; (h) it does not contain any commercial content that promotes any product or service; and (i) it does not defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive messaging which Sponsor wishes to communicate, all of which is to be evaluated by the Sponsor in its sole and absolute discretion. Without limiting any of the foregoing, Story Submissions cannot be a parody or derogatory. You agree to indemnify and hold harmless Sponsor and the Released Parties from any claims to the contrary.
The Sponsor reserves the right, in its sole discretion, to disqualify any Story Submission which the Sponsor determines at any time in its sole judgment to fail to the above referenced criteria. If an entrant’s Story Submission is determined by the Sponsor, in its sole and absolute discretion, to have violated the Official Rules in a non-material and de minimus way and the Story Submission can be edited to remove the violation, the Sponsor may request the entrant to amend the submission, or amend the submission on the entrant’s behalf, instead of disqualifying the entrant.
By entering, you agree as follows: (i) you acknowledge that your Story Submission may be posted by Sponsor on Sponsor’s websites and/or on Sponsor’s social media channels, in Sponsor's sole discretion but without obligation; (ii) you have the right and authority to, and do hereby, grant to Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, sublicence, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, make derivative works of, commercialize and/or otherwise use without limitation all or any part of the Story Submission in any manner or media, including without limitation on Sponsor’s websites and/or social media channels and without any further right of approval, notification or compensation; (iii) you waive any and all moral rights that you may have in and to the Story Submission with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless Sponsor and the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to Sponsor’s use of the Story Submission.
6. Entry Verification and Conditions
All Story Submissions are subject to verification. Proof of submission does not constitute proof of receipt. In the event a dispute arises as to the identity of an entrant, Story Submissions will be declared made by the name on the entry form. An individual may be required to provide proof that he/she/they is the individual associated with the Story Submission. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
If any individuals other than the entrant are named or appear in the Story Submission, entrants must have the permission of the individuals to use their name and/or photograph/likeness. Proof of such permission may be required at the Sponsor’s discretion. Submitting any Story Submission constitutes acceptance to these Official Rules and consent to grant the Sponsor certain rights in and to the Story Submission as described in Section 5 above. Story Submission must be made in the entrant’s name only, regardless of whether others contributed to or appear in the Story Submission. Any attempt by an individual to obtain more than the stated maximum number of Story Submissions by using multiple/different names, email addresses, accounts, identities, registrations and logins, or any other methods, or has entered or participated in any fashion not sanctioned by these Official Rules will void that individual’s submission and will be disqualified from the Giveaway at the sole discretion of the Sponsor.
7. Judging/Voting and Winner Determination
An administrator chosen by Sponsor will manage, monitor and prepare materials for the Judging Panel (as defined below). During the Judging Phase, all eligible Story Submissions will be judged by a panel of Sponsor representatives (the “Judging Panel”) based on, but not limited to the following judging criteria:
description of how the Eligible Charity has helped the entrant (or others) in a meaningful way;
description of why the Eligible Charity should receive the donation; and
how the donation would help the Eligible Charity help others.
The ten (10) entries with the highest overall scores will be deemed the finalists (“Finalists”) (subject to verification of eligibility and compliance with the terms of these Official Rules). The Sponsor reserves the right, in its sole discretion, to select less than the stated number of Finalists in the event that the Sponsor does not receive a sufficient number of eligible Story Submissions. Decisions of the Sponsor and judges are final and binding in all matters. The Sponsor will not disclose judging scores.
Public Voting Phase
Once announced, the ten (10) Finalists will be posted on the Website and then open to public voting during the Public Voting Phase. During the Public Voting Phase, individuals who meet the eligibility criteria outlined in Section 3 can vote for their favourite Finalist by visiting the Website and following the links and instructions to vote.
The Story Submission that receives the highest number of votes will have a donation of $30,000 made to the Eligible Charity named in the Story Submission. Please refer to Section 8 for all Giveaway donation allocations.
In the event of a tie in voting results during the Public Voting Phase, the Finalist that received the highest overall score during the Judging Phase will have a donation of $30,000 made to the Eligible Charity named in his /her/their Story Submission. In the event there is still a tie, tied entries will be re-judged by the Judging Panel against the above judging criteria to select the Finalists.
Voting is unlimited and subject to verification at any time. Only votes casts through the Website are valid. Any attempt by any individual to vote by using multiple/different email addresses, identities, registrations and logins, or any other methods will void those votes and that individual may be banned from voting. No person may vote by proxy for any other person. Use of any automated system to vote or subvert the voting process is prohibited and will result in disqualification and all associated votes will be void. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process, as determined by the Sponsor in its sole discretion, may be void. Votes obtained by any fraudulent or inappropriate means, including, without limitation, offering donations or other inducements to members of the public, payment for votes or offering to trade votes, as determined by the Sponsor, in its sole discretion, may result in those votes being void and the respective Finalist being disqualified. The Sponsor will not disclose final vote numbers.
The following donations will be made to the Eligible Charities of the top ten (10) Finalists:
a $30,000 donation will be made to the Eligible Charity that has received the highest number of votes during the Public Voting Phase;
a $20,000 donation will be made to the Eligible Charity that has received the second highest number of votes during the Public Voting Phase;
a $10,000 donation will be made to the Eligible Charity that has received the third highest number of votes during the Public Voting Phase;
a $7,500 donation will be made to the Eligible Charities that have received the fourth and fifth highest number of votes during the Public Voting Phase;
a $5,000 donation will be made to the Eligible Charities that have received the sixth and seventh highest number of votes during the Public Voting Phase;
a $2,000 donation will be made to the Eligible Charities that have received the eighth and ninth highest number of votes during the Public Voting Phase; and
a $1,000 donation will be made to the Eligible Charity that received the tenth highest number of votes during the Public Voting Phase.
In no event shall the Sponsor be held to award more Donations than those mentioned in these Official Rules or to award Donations otherwise than in compliance with these Official Rules.
All donations are subject to verification of eligibility with the terms of these Official Rules. Donations must be accepted as awarded and are non-transferable and no substitution will be made. Limit one (1) donation per Eligible Charity.
Odds of an Eligible Charity receiving a donation depend on number of eligible Story Submission entries received, judging criteria and number of votes received.
10. Notification and Donation Claim Requirements
The ten (10) Finalists will be announced on or around August 1, 2019, and will be required to provide the contact information of the representative(s) of the nominated Eligible Charity. The selected entrant must respond to notification within three (3) business days of first attempt by the Sponsor. Appropriate authorizations must be obtained from the entrant, the Eligible Charity representative(s) and others as required by the Sponsor, which may include, but are not limited to: (i) confirmation to participate as a Finalist (ii) execution of a Declaration of Compliance, Liability and Publicity Release, (iii) correctly answering a time-limited mathematical skill-testing question without assistance or mechanical or electronic aids, and (iv) other required documentation that may be required by the Sponsor. This information must be provided within a reasonable period of time as determined by the Sponsor.
The entrant and authorized individuals of the selected Eligible Charities will be notified on or around October 1, 2019 and may be required to provide certain information and appropriate authorizations in order to collect and accept the donation. Failure by the winning Eligible Charities to provide the necessary information or authorizations may result in the donation being forfeited and another Eligible Charity may be awarded the donation. If the donation/donation notification is undeliverable, or if the potential winner or winning Eligible Charity fails to comply with any of these requirements or with the Official Rules in any way, the donation will be forfeited and another potential winner and/or winning Eligible Charity may be determined. The Sponsor reserves the right, in their sole and absolute discretion, to phone, email and/or visit any entrant and/or any of the nominated Eligible Charities to record interviews, appearances, and promotional and publicity activities. Contact from the Sponsor in this regard does not in any way guarantee any entrant as a potential winner.
The Giveaway winners will be publicly announced by the Sponsor on or around November 1, 2019. Entrants and winning Eligible Charities are prohibited from publicly disclosing notification of winning until November 1, 2019.
11. Giveaway and Donation Release
BY PARTICIPATING IN THE GIVEAWAY AND ACCEPTING DONATIONS (IF APPLICABLE), ENTRANTS AND WINNING ELIGIBLE CHARITIES AGREE TO RELEASE AND HOLD SPONSOR AND RELEASED PARTIES HARMLESS AGAINST ANY AND ALL CLAIMS, INJURIES, DAMAGES, LOSS AND/OR LIABILITY TO PERSON OR PROPERTY, DUE IN WHOLE OR IN PART, WHETHER DIRECTLY OR INDIRECTLY, BY (A) ARISING OUT OF PARTICIPATION IN THE GIVEAWAY, INCLUDING ANY GIVEAWAY-RELATED ACTIVITY, (B) ACCEPTANCE, USE, MISUSE, POSSESSION OR REDEMPTION OF A DONATION (IF APPLICABLE), AND (C) CLAIMS BASED ON PERSONALITY, PRIVACY RIGHTS OR DEFAMATION AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IF AN ENTRANT AND NOMINATED ELIGIBLE CHARITY WIN A DONATION AND ACCEPT THE DONATION, SUCH ACCEPTANCE SHALL MEAN FULL SATISFACTION OF THE ENTITLEMENT AS AN ENTRANT AND WINNER IN THE GIVEAWAY AND THE ENTRANT AND WINNING ELIGIBLE CHARITY FULLY DISCHARGES AND FOREVER RELEASES SPONSOR AND THE RELEASED PARTIES, OF AND FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, ACTIONS OR CAUSES OF ACTION WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHETHER AT LAW OR IN EQUITY WHICH THEY OR THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS MAY NOW OR HEREAFTER HAVE AGAINST SPONSOR AND THE RELEASED PARTIES IN CONNECTION WITH THE DONATION. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so therefore such exclusions may not apply to you.
All entrants also acknowledge, without limiting the generality of the foregoing, that the Sponsor and the Released Parties will not be responsible for any injury or loss, damage or expense in connection with participation in the Giveaway and/or the Donation. The entrant also acknowledges that the Sponsor or the Released Parties have not offered any warranty or guarantee respecting the Donations. Further, the authorized Eligible Charity representative assumes all responsibility and liability for any loss, injury or damage to any persons or property, which results from the Eligible Charity representatives’ actions or omissions, whether negligent or otherwise, in connection with the Donations. Refusal by potentially winning Eligible Charity (ies) to accept a Donation releases the Sponsor and Released Parties from all responsibility and obligations toward that potentially winning Eligible Charity of such Donation.
Released Parties and Sponsor are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Story Submissions, votes, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors, difficulties or omissions of any kind whether human, mechanical, electronic, computer, network, typographical, pictorial, editorial printing or otherwise relating to or in connection with the Giveaway including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing or judging of Story Submission, the tabulation of votes, the announcement of the Donations or in any Giveaway-related materials.
Released Parties and Sponsor are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties and Sponsor are not responsible for injury or damage to any person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of any website.
12. Right to Void Modify, Terminate, Suspend
The Sponsor reserves the right to terminate, suspend or modify this Giveaway, in whole or in part, at any time and without notice or obligation if, in the Sponsor’s sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules.
Without limiting the generality of the foregoing, if the Giveaway, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of the Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Giveaway, or any portion thereof; (b) modify or suspend the Giveaway, or any portion thereof, to address the impairment and then resume the Giveaway, or relevant portion, in a manner that best conforms to the spirit of these Official Giveaway Rules; and/or (c) award the Donation from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
13. GENERAL CONDITIONS
Persons (including, but not limited to, any Giveaway entrant) who tamper with or abuse any aspect of the Giveaway or Website, who act in a disruptive manner, who act contrary to law or the spirit of the Giveaway or in a manner that might reflect unfavorably upon the reputation of the Sponsor, or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated Story Submissions, and/or votes (as applicable) will be void.
If an Eligible Charity and/or any authorized representative(s) of an Eligible Charity, act contrary to law or the spirit of the Giveaway, in a manner that might reflect unfavorably upon the reputation of the Sponsor, or are in violation of these Official Rules, as solely determined by the Sponsor, such Eligible Charity may be disqualified from the Giveaway.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LEGAL FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The Released Parties and Sponsor shall assume no liability whatsoever for any situation in which their inability to act results from an event or situation unforeseeable or beyond their control, including but not limited to force majeure, a strike, lockout, or any other labour dispute at their location or the locations of the businesses whose services are used.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. All information requested by and supplied by each entrant must be truthful, accurate, and in no way misleading. Sponsor reserves the right to disqualify any Story Submission from the Giveaway in its sole and absolute discretion, should the entrant at any stage supply untruthful, inaccurate, or misleading details and/or information or should the entrant be ineligible for the Giveaway pursuant to these Official Rules.
In addition, by participating in the Giveaway each entrant hereby grants permission for the Sponsor and their respective designees to use entrant’s name, likeness, voice, quotes, comments, biographical information, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed, in any manner, throughout the universe, unless prohibited by law.
All applicable federal, provincial, municipal, territorial and local laws and regulations apply.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, as applicable, without giving effect to any choice of law or conflict of law rules.
16. Winners' List
For a winners' list, visit www.lerners90.ca . The winners' list will be posted after winners’ confirmation is complete.
17. Giveaway Emails
By participating in the Giveaway, you agree to receive emails related to the Giveaway including, but not limited to, a registration confirmation email.
Lerners LLP - 130 Adelaide Street West, Suite 2400 Toronto ON M5H 3P5; Lerners LLP – 85 Dufferin Ave, Box 2335, London ON N6A 4G4.
The Giveaway is in no way sponsored, endorsed or administered by YouTube, LLC, Twitter, Inc., Facebook, Inc., LinkedIn Inc. and/or Instagram LLC. The owners and operators of YouTube, Twitter, Facebook LinkedIn and Instagram are completely released from all liability by each entrant in this Giveaway. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not to YouTube, Twitter, Facebook, LinkedIn or Instagram.