Local Legends - Rules
THIS PROGRAM IS GOVERNED BY CANADIAN LAW
1. KEY DATES:
Mazda's Local Legends Program (the "Program") is sponsored by Mazda Canada Inc. ("Mazda"). The Program begins on November 4, 2021 at 12:00:00 a.m. Eastern Time ("ET") and ends on November 30, 2021 at 11:59:59 p.m. ET (the "Program Period"). The Program Period consists of two (2) phases, as follows:
- The "Nomination Period" begins on November 4, 2021 at 12:00:00 a.m. ET and ends on November 18, 2021 at 11:59:59 p.m. ET; and
- The "Submission Period" begins on November 23, 2021 at 12:00:00 a.m. ET and ends on November 30, 2021 at 11:59:59 p.m. ET.
2. ELIGIBILITY TO MAKE A NOMINATION:
To participate in the Program and make a nomination ("a Nomination") as a nominator (a "Nominator"), you must be a resident of Canada who has reached the legal age of majority in your province/territory of residence at the time of participation. FOR THE AVOIDANCE OF ANY DOUBT, THE NOMINATOR HAS NO RIGHT TO CLAIM ANY FINANCIAL SUPPORT OR A PORTION THEREOF.
3. ELIGIBILITY TO BE NOMINATED:
To participate in the Program and receive a Nomination as a nominee (a "Nominee"), you must be an "Eligible Small Business" that is a corporation, organization, partnership or sole proprietorship that meets all of the following criteria:
- must be a solvent for-profit business that is currently selling a product or service through a physical bricks and mortar location in Canada;
- must be an active and operational business that lawfully operates in Canada in accordance with all applicable laws, licenses and regulations;
- must currently employ between five (5) and one hundred (100) employees;
- must have its head office or principal place of business located in any province or territory of Canada; and
- must not be a franchisee of a business that itself does not meet all of the Eligible Small Business Requirements (as determined by Mazda in its sole and absolute discretion) at the time of participation, selection and fulfillment.
(collectively, the "Eligible Small Business Requirements").
IMPORTANT NOTES:
- To be considered as an Eligible Small Business, the corporation, organization, partnership or sole proprietorship must meet all of the Eligible Small Business Requirements (as determined by Mazda in its sole and absolute discretion) at the time of participation, selection and fulfillment.
- Mazda reserves the right at any time, in its sole and absolute discretion, to disqualify any Eligible Small Business if Mazda determines that allowing such Eligible Small Business to participate in (or continue to participate in) the Program could bring Mazda into public disrepute or in any way impact the good standing or reputation of Mazda in the eyes of the general public. Mazda's decisions on all matters arising in this regard shall be final and binding without right of appeal.
- Any and all actions contemplated in these Official Terms (the "Terms") on behalf of an Eligible Small Business must be completed by an authorized representative of the Eligible Small Business (each a "Representative") who: (a) is a resident of Canada; (b) has reached the legal age of majority in their province or territory of residence; (c) resides in Canada during the Program Period and at the time of participation, selection and fulfillment; (d) has the unencumbered authority and permission from the Eligible Small Business to participate in the Program on behalf of the Eligible Small Business; and (e) has the unencumbered authority to legally bind the Eligible Small Business – including, without limitation, to these Terms and to any other required documentation as contemplated in these Terms. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT, THE REPRESENTATIVE IS NOT THE NOMINEE AND HAS NO RIGHT TO PERSONALLY CLAIM ANY FINANCIAL SUPPORT OR A PORTION THEREOF. THE NOMINEE IN THIS PROGRAM IS THE ELIGIBLE SMALL BUSINESS.
- Any Representative who enters the Program on behalf of an Eligible Small Business is responsible for determining whether any policies of that Eligible Small Business prohibit the business from participating in the Program.
4. AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in the Program, each Nominator and each Representative (on their own behalf and on behalf of the Eligible Small Business) is signifying agreement that they have read and agree to be legally bound by these Terms.
5. REGIONS:
For the purposes of this Program, there will be three (3) Regions (each, a "Region") as follows:
- Central: Ontario
- Western: British Columbia, Alberta, Saskatchewan, Manitoba, Northwest Territories, Nunavut, Yukon
- Eastern: Quebec, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, New Brunswick
6. HOW TO MAKE A NOMINATION:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT THE OPPORTUNITY TO RECEIVE A FINANCIAL SUPPORT IN RELATION TO THIS PROGRAM.
During the Nomination Period, an eligible Nominator can make a Nomination by going to https://www.narcity.com/mazda-is-helping-small-businesses-rebuild--you-can-nominate-your-favourite-to-receive-50k (the "Website") and following the on-screen prompts to obtain and fully complete the Official Nomination Form (the "Form") with all required information – including, but not limited to a Twenty (20) word or less (English or French) written submission explaining why the Eligible Small Business deserves support from Mazda given the financial hardships of the Eligible Small Business due to the pandemic.
To be eligible, all content associated with a Nomination (collectively, the "Nomination Materials") must: (i) be submitted and received during the Nomination Period; (ii) include all required components and materials noted above; and (iii) be in accordance with these Terms, including, but not limited to, the specific Content Requirements listed below in Section 16 (all as determined by Mazda in its sole and absolute discretion).
7. NOMINATION LIMIT AND CONDITIONS:
The following limits and conditions apply to Nominations in the Program:
- An eligible Nominator cannot submit more than one (1) Nomination in relation to the same Nominee.
- The same Nominee can be nominated by multiple eligible Nominators in accordance with these Terms.
- An eligible Nominator who is affiliated with an Eligible Small Business can complete a Nomination for that Eligible Small Business.
If it is discovered by Mazda (using any evidence or other information made available to or otherwise discovered by Mazda) 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 Mazda's interpretation of the letter and/or spirit of these Terms to participate in or to disrupt this Program; then they may, in the sole and absolute discretion of Mazda, be disqualified from the Program. Mazda, its associated and affiliated entities, dealers, advertising/promotion agencies or any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Program (collectively with Mazda, the "Program Parties"), and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Released Parties") are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Nominations and/or Nomination Materials (all of which are void).
A Nomination may be rejected if, in the sole and absolute discretion of Mazda: (i) the Nomination (including, but not limited to, any associated Nomination Materials) is not submitted and received in accordance with these Terms during the Nomination Period; and/or (ii) the Nomination Materials accompanying the Nomination are not in compliance with these Terms (including, but not limited to, the specific Content Requirements listed below in Section 16) (all as determined by Mazda in its sole and absolute discretion).
IMPORTANT NOTE: Individuals may encourage others to submit a Nomination; 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 receiving such individual's Nomination. In addition, proxy nomination schemes (or anything reasonably resembling a proxy nomination scheme, as determined by Mazda in its sole and absolute discretion) are hereby expressly prohibited. Any individual or entity determined by Mazda and/or its representative(s) to be engaging in any such behaviours and/or in violation of Mazda's interpretation of the letter and/or spirit of these Terms (all as determined in the sole and absolute discretion of Mazda) will be disqualified.
8. VERIFICATION:
All Nominations, Nomination Materials, Finalist Submissions, Finalist Submission Materials, Eligible Small Businesses, Representatives and Nominators are subject to verification at any time and for any reason. Mazda reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Mazda – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual's and/or entity's eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information entered (or purportedly entered) for the purposes of this Program; and/or (iii) for any other reason Mazda deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with Mazda's interpretation of the letter and spirit of these Terms. Failure to provide such proof to the complete satisfaction of Mazda within the timeline specified by Mazda may result in disqualification in the sole and absolute discretion of Mazda. The sole determinant of the time for the purposes of this Program will be the official time-keeping device(s) of Mazda.
9. FINANCIAL SUPPORT:
There will be a total of three (3) Financial Supports (each, a "Financial Support" and collectively the "Financial Supports") available in relation to this Program. There will be one (1) Financial Support available in relation to each Region. Each Financial Support consists of a $50,000 CAD financial support payment by Mazda to the Eligible Small Business.
The following general conditions apply to each Financial Support: (i) Financial Support must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Mazda in its sole and absolute discretion); (ii) no substitutions are permitted, except at Mazda's option; (iii) Mazda reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Financial Support or any component thereof; and (b) substitute the Financial Support or a component thereof for any reason with a item or item(s) of equal or greater value; and (iv) by accepting a Financial Support, the Representative (on their own behalf and on behalf of the Eligible Small Business) agrees to waive all recourse against Mazda and all of the other Released Parties if the Financial Support or a component thereof does not prove satisfactory, either in whole or in part.
To the fullest extent permitted by applicable law, the Representative of each Eligible Small Business that is eligible to receive a Financial Support hereby (on their own behalf and on behalf of the Eligible Small Business) agrees that neither the Eligible Small Business, nor anyone on behalf of the Eligible Small Business, may seek reimbursement or pursue any legal or equitable remedy from either Mazda or any of the other Released Parties should the Financial Support fail to be fit for its purpose or is in any way unsatisfactory.
Mazda will not intervene in any decision made by an Eligible Small Business that purports to prevent the Eligible Small Business from receiving the Financial Support, and Mazda reserves the right, in its sole and absolute discretion, to select another Eligible Small Business if an eligible Recipient cannot accept the applicable Financial Support as offered for any reason. Each Recipient is solely responsible for the reporting and payment of any taxes relating to the applicable Financial Support.
There is a limit of one (1) Financial Support per Eligible Small Business in relation to the Program – regardless of Region. Under no circumstances whatsoever will the same Eligible Small Business (regardless of Region) be eligible to receive more than one (1) Financial Support.
10. SELECTION PROCESS – STAGE 1 (RANDOM DRAW) – SELECTION OF 100 SEMI-FINALISTS PER REGION:
The first stage of the selection process will consist of a series of random draws to select a maximum of One Hundred (100) Nominations per Region. In each Region, the Eligible Small Business associated with each Nomination randomly selected will be an eligible "Semi-Finalist".
The same Eligible Small Business cannot be a Semi-Finalist more than one (1) time (regardless of Region). If more than one (1) Nomination relating to the same Eligible Small Business is randomly selected in accordance with these Terms, then only the first such Nomination will be considered and all subsequent Nominations (regardless of Region) will be discarded.
On November 19, 2021 (the "Draw Date") in Toronto, ON at approximately 12:00pm ET, a maximum of one hundred (100) eligible Nominations per Region will be selected by random draw from among all eligible Nominations submitted and received in accordance with these Terms in the applicable Region. The odds of being selected depend on the number of eligible Nominations submitted and received in accordance with these Terms in each Region.
If there are fewer than one hundred (100) Nominations in any Region, then all eligible Nominations in that Region will be selected to be eligible to move forward in the Program as eligible Semi-Finalists (subject to compliance with these Terms).
11. SELECTION PROCESS – STAGE 2 (JUDGING) – SELECTION OF ONE FINALISTS PER REGION:
The second stage of the selection process will consist of judging to select a maximum of fifty (50) "Finalists" per Region.
In relation to each Region, a panel of judges (the "Program Judges") appointed by Mazda will judge the Nomination Materials associated with each eligible Semi-Finalist on the basis of the following weighted criteria:
Criteria | Weighting |
1. Quality | 50% |
2. Creativity | 50% |
Total Score | Maximum 100% |
Each Semi-Finalist will be given a score (the "Semi-Finalist Score") by the Program Judges. Odds of being selected as an eligible Finalist depend on the calibre of the Nomination Materials associated with each Semi-Finalist in each Region.
In each Region, the eligible Semi-Finalists associated with the top fifty (50) Semi-Finalist Scores (as determined by the Program Judges, in their sole and absolute discretion) will each be selected as an eligible Finalist for that Region (subject to compliance with these Terms).
In the event of a tie between two or more eligible Semi-Finalists based on Semi-Finalist Score in a Region, the eligible Semi-Finalist – from amongst all such eligible Semi-Finalists that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2) will be selected as the eligible Finalist. In the event of an exact tie based on Criteria 1 and 2, a new panel of judges will be appointed by Mazda to break the tie in accordance with the preceding procedure. Judging for Stage 2 is scheduled to be completed on or about November 22, 2021 (the "Finalist Selection Date").
12. SELECTION PROCESS – STAGE 3 (FINALIST SUBMISSION)
Following the completion of Stage 2, Mazda or its designated representative will make a minimum of three (3) attempts to contact a Representative of each eligible Finalist within one (1) business days of the Finalist Selection Date. If a Representative of an eligible Finalist cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the Finalist may, in the sole and absolute discretion of Mazda, be disqualified (and, if disqualified, will forfeit all rights to be a Finalist) and Mazda reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Finalist from among the remaining eligible Semi-Finalists in the applicable Region in accordance with Section 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Finalist).
Each Finalist that is contacted as outlined above will be given the opportunity to participate in the next stage of the Promotion. If a Finalist does not wish to participate in the Program, then they will be disqualified (and will forfeit all rights to be a Finalist) and Mazda reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Finalist from among the remaining eligible Semi-Finalists in the applicable Region in accordance with Section 11 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Finalist).
For any Finalist that does wish to participate in the Program, the Representative will be required to provide Mazda with their answer to the following questions during the Submission Period: (i) Describe how your Eligible Small Business was impacted by the pandemic?; (ii) How would your Eligible Small Business use the Financial Support to help alleviate the impacts of the pandemic?; and (iii) Describe the impact your Eligible Small Business has had on the community? (the "Finalist Submission"). To be eligible, all content associated with a Finalist Submission (collectively, the "Finalist Submission Materials") must: (i) consist of a fifty (50) word or less (English or French) written submission; (ii) be submitted and received during the Submission Period; (ii) include all required components and materials noted above; and (iii) be in accordance with these Terms, including, but not limited to, the specific Content Requirements listed below in Section 16 (all as determined by Mazda in its sole and absolute discretion).
The Released Parties are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Finalist Submissions and/or Finalist Submission Materials (all of which are void).
A Finalist Submission may be rejected if, in the sole and absolute discretion of Mazda: (i) the Finalist Submission (including, but not limited to, any associated Finalist Submission Materials) is not submitted and received in accordance with these Terms during the Submission Period; and/or (ii) the Finalist Submission Materials accompanying the Finalist Submission are not in compliance with these Terms (including, but not limited to, the specific Content Requirements listed below in Section 16) (all as determined by Mazda in its sole and absolute discretion).
13. SELECTION PROCESS – STAGE 4 (JUDGING) – SELECTION OF 1 RECIPIENT PER REGION:
The final stage of the selection process will consist of judging to select a maximum of one (1) "Recipient" per Region.
In relation to each Region, the Program Judges appointed by Mazda will judge the Finalist Submission Materials associated with each eligible Finalist on the basis of the following weighted criteria:
Criteria | Weighting |
1. Impact of the pandemic on the Eligible Small Business | 25% |
2. Intended use of Financial Support | 25% |
3. Impact of the Eligible Small Business on the community | 25% |
4. Overall quality of Finalist Submission | 25% |
Total Score | Maximum 100% |
Each Finalist will be given a score (the "Finalist Score") by the Program Judges. The Semi-Finalist Score from the previous stage of judging will not be considered in assessing the Finalist Score. Any Finalist that does not achieve a threshold Finalist Score of 70% or higher (as determined by the Program Judges, in their sole and absolute discretion) will automatically be disqualified from further consideration. Odds of being selected as an eligible Recipient depend on the calibre of the Finalist Submission Materials associated with each Finalist in each Region.
In each Region, the eligible Finalist associated with the top Finalist Score (as determined by the Program Judges, in their sole and absolute discretion) will be selected as the eligible Recipient for that Region (subject to compliance with these Terms). If no Finalist in a Region achieves a threshold Finalist Score of 70% or higher (as determined by the Program Judges, in their sole and absolute discretion), then Mazda reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Recipient for the applicable Region in accordance with these Terms (in which case the foregoing provisions of this section shall apply to such newly selected eligible Recipient).
In the event of a tie between two or more eligible Finalists based on Finalist Score in a Region, the eligible Finalist – from amongst all such eligible Finalists that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3, then Criteria 4) will be selected as the eligible Recipient. In the event of an exact tie based on all Criteria, a new panel of judges will be appointed by Mazda to break the tie in accordance with the preceding procedure. Judging for Stage 4 is scheduled to be completed on or about December 1, 2021 (the "Recipient Selection Date").
14. NOTIFICATION PROCESS:
Mazda or its designated representative will make a minimum of three (3) attempts to contact the Representative of each eligible Recipient within one (1) business days of the Recipient Selection Date. If the Representative of an eligible Recipient cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then the eligible Recipient may, in the sole and absolute discretion of Mazda, be disqualified (and, if disqualified, will forfeit all rights to be a Recipient and receive a Financial Support) and Mazda reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Recipient from among the remaining eligible Finalists in accordance with Section 13 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Recipient).
15. CONFIRMATION PROCESS:
NO ELIGIBLE SMALL BUSINESS IS A RECIPIENT UNLESS AND UNTIL MAZDA OFFICIALLY CONFIRMS THE ELIGIBLE SMALL BUSINESS AS A RECIPIENT IN ACCORDANCE WITH THESE TERMS. BEFORE BEING DECLARED AS A CONFIRMED RECIPIENT, the Representative of each Eligible Small Business that is eligible to receive a Financial Support will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within one (1) business days of notification Mazda's declaration and release form, which (among other things): (i) confirms their and the Eligible Small Business' compliance with these Terms; (ii) acknowledges the Eligible Small Business' acceptance of the Financial Support (as awarded); (iii) releases Mazda and all of the other Released Parties from any and all liability in connection with this Program, their and the Eligible Small Business' participation therein and/or the awarding and use/misuse of the Financial Support or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of the Eligible Small Business' name and logo without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Mazda in any manner whatsoever, including print, broadcast or the internet; and (v) agrees to provide stories and other content to showcase how the Financial Support has had a positive impact on the Eligible Small Business.
If an Eligible Small Business that is eligible to receive a Financial Support: (a) fails to have its Representative return the properly executed Program documents within the specified time; (b) cannot accept (or is unwilling to accept) the Financial Support (as awarded) for any reason; and/or (c) is determined to be in violation of these Terms (all as determined by Mazda in its sole and absolute discretion); then the Eligible Small Business will be disqualified (and will forfeit all rights to be a Recipient and to receive a Financial Support) and Mazda reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Recipient from among the remaining eligible Finalists in accordance with Section 13 (in which case the foregoing provisions of this section shall apply to such newly selected eligible Recipient).
16. CONTENT REQUIREMENTS:
BY SUBMITTING A NOMINATION//FINALIST SUBMISSION (AS APPLICABLE), EACH NOMINATOR//REPRESENTATIVE (AS APPLICABLE) AGREES THAT THE NOMINATION//FINALIST SUBMISSION (AS APPLICABLE) (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY NOMINATION//FINALIST SUBMISSION (AS APPLICABLE) (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITIES; AND/OR (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH NOMINATOR//REPRESENTATIVE (AS APPLICABLE) IN THE EVENT IT IS DISCOVERED THAT A NOMINATOR//REPRESENTATIVE (AS APPLICABLE) HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS.
By participating in the Program, each Nominator//Representative (as applicable) hereby warrants and represents that any Nomination Materials//Finalist Submission Materials (collectively, "Content") they submit:
- are original to the Nominator//Representative (as applicable) and that the Nominator//Representative (as applicable) has obtained all necessary rights in and to all such Content for the purposes of submitting the Content in the Program;
- do not violate any law, statute, ordinance or regulation;
- do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
- will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- are not defamatory, trade libelous or obscene, and further that they will not contain, depict, include, discuss or involve any materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Mazda in its sole and absolute discretion.
Mazda and/or its promotional agency or designated content moderator (the "Reviewer") reserves the right to screen all Content. Any Content that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Terms are subject to disqualification – in which case Mazda reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances to help ensure that the Program is being conducted in accordance with Mazda's interpretation of the letter and spirit of these Terms.
17. LICENSE:
By entering the Program and submitting Content, each Nominator//Representative (as applicable): (i) grants to Mazda, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use all submitted Content (and each component thereof), in whole or in part, for advertising or promoting the Program or for any other reason; (ii) waives all moral rights in and to all submitted Content (and each component thereof) in favour of Mazda (and anyone authorized by Mazda to use such Content); and (iii) agrees to release and hold harmless Mazda and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of all submitted Content (and each component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
18. GENERAL CONDITIONS:
This Program is subject to all applicable federal, provincial and municipal laws. The decisions of Mazda with respect to all aspects of this Program are final and binding on all participants without right of appeal.
ANY INDIVIDUAL OR ENTITY DEEMED BY MAZDA TO BE IN VIOLATION OF MAZDA'S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF MAZDA AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of the Website or any other website or platform during the Program; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Nomination, Nomination Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an participant's or any other person's computer or other device related to or resulting from participating in the Program; (v) anyone being incorrectly and/or mistakenly identified as a recipient or eligible recipient; and/or (vi) any combination of the above.
Mazda reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the "Régie") in Quebec, to withdraw, amend or suspend this Program (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of Mazda that interferes with the proper conduct of this Program as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Program in any way (as determined by Mazda in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Mazda reserves the right to seek remedies and damages to the fullest extent permitted by law. Mazda reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Program, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
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.
By participating in this Program, each participant expressly consents to Mazda, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Program and in accordance with Mazda's privacy policy (available at: https://www.mazda.ca/en/privacy-policy/privacy/). This section does not limit any other consent(s) that an individual may provide Mazda or others in relation to the collection, use and/or disclosure of their personal information.
Mazda reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Terms, to the extent deemed necessary by Mazda, for purposes of verifying compliance by any participant, Nomination, Nomination Materials and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Mazda, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Terms, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of Mazda, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Mazda or any of the other the Released Parties in connection with the Program will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law Terms or provisions that would cause the application of any other jurisdiction's laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this Program.