Ask me my WHY Video Challenge Overview – Official Rules and Regulations (the “Rules”)
- Sponsor of the Video Challenge. The Ask me my WHY Video Challenge (the “Video Challenge”) is sponsored and administered by Direct Sellers Association of Canada (DSA Canada).
- Eligibility – Who May Enter the Video Challenge. Provided that the eligibility criteria listed below are satisﬁed, individuals who are residents of Canada (excluding Quebec) may enter the Video Challenge.
- Eligibility Criteria.
a) An entrant must be 18 years of age or older as of the Video Challenge End Date (deﬁned below) (in these Rules, an individual who satisﬁes the eligibility criteria and submits an Entry [as deﬁned below] is referred to as an “Entrant”).
b) Entrants are required to have Internet access and an active email account in order to participate, except if such a requirement is prohibited by any law, regulation, rule or authority.
c) An Entrant must be an active independent sales consultant of an active DSA Canada member company. Active member companies can be found at: https://dsa.ca/member-directory/.
d) The following individuals are not eligible to participate in the Video Challenge: (i) employees of DSA Canada, as well as any aﬃliates and subsidiaries of DSA Canada; (ii) employees of all agencies, entities and persons engaged in the marketing and/or administration of the Video Challenge; (iii) any individual who is a judge of the Video Challenge; and (iii) Immediate Family members (as deﬁned below) of any of the foregoing.
e) An Entrant must register for the Video Challenge with DSA Canada before submitting an Entry (as deﬁned below), and in any case, no later than 11:59 p.m. (ET) on the day that immediately precedes the Video Challenge End Date (if an individual has not registered before submitting an Entry, and in any case by 11:59 p.m. (ET) on the day that immediately precedes the Video Challenge End Date, then that individual’s Entry will be disqualiﬁed) (see the Video Challenge Website for details on how to register).For the purpose of these Rules, the term “Immediate Family” means spouse (including by common law), mother, father, brother, sister, son and/or daughter (including by adoption), whether or not they reside in the same household.
- Video Challenge Dates and Times.
a) The period of time (referred to as the “Entry Period”) during which Entries may be submitted begins on August 10, 2021, at 9:00 a.m. Eastern Time (the “Video Challenge Start Date”) and ends on August 23 at 5:00 p.m. Eastern Time (the “Video Challenge End Date”).
b) An Entry submitted before the Video Challenge Start Date will automatically be disqualiﬁed, but that Entry may be resubmitted at or after the Video Challenge Start Date and not later than the Video Challenge End Date.
c) After the Video Challenge End Date, the Video Challenge will be closed and no further Entries will be accepted, and any Entry submitted after the Video Challenge End Date will automatically be disqualiﬁed.d) DSA Canada’s computer is the oﬃcial time-keeping device for the Video Challenge.
- How to Enter the Video Challenge.
a) During the Entry Period (described, below), visit https://dsa.ca/ website and follow the links on the “Direct Sellers Day” page for instructions on how to enter the Video Challenge by completing a form for entering the Video Challenge (a “Video Challenge Entry Form”).
b) All Entries must be submitted on a Video Challenge Entry Form.
c) All submissions of a Video Challenge Entry Form must be submitted via the email address of the Entrant identiﬁed on the Video Challenge Entry Form or via DSA Canada’s Website (each an “Entry”).
d) All Entries must be received only as directed on DSA Canada’s Website by the Video Challenge End Date.
e) As noted above, before submitting an Entry an Entrant must register for the Video Challenge with DSA Canada, and in any case, no later than 11:59 p.m. (ET) on the day that immediately precedes the Video Challenge End Date.
f) If a Video Challenge Entry Form is not completed correctly, then the Entry will be disqualiﬁed.
g) After registering for the Video Challenge on DSA Canada’s website, an Entrant may submit one, and only one (1), video to their participating DSA Canada active member company.
h) Multiple Entries and/or videos submitted by an Entrant will be disqualiﬁed.
i) All Entries that are submitted are ﬁnal: no changes or substitutions are allowed.
- Winner Selection and Conﬁrmation.
a) Following the close of the Entry Period, participating DSA Canada active member companies will select one (1) Entry submitted during the Entry Period and submit it to DSA Canada, no later than 11:59 p.m. (ET) on August 30 for final consideration. DSA Canada will select the top ten (10) Entries from active member companies.
b) The selection of an Entry as being among the top ten Entries and therefore qualiﬁed for a Prize is subject to the Entrant who submitted the Entry complying with the Rules.
c) For the purpose of selecting the top ten Entries, DSA Canada will assess the Entries criteria outlined in the Video Challenge Details:DSA Canada will contact the winners via email and or phone and the winners of the Prizes will be announced publicly on DSA Canada’s Website on or about September 8, 2021.
- Video Challenge Prize.
a) The top 10 Entrants will have their final videos showcased on DSA Canada’s website, and promoted across it’s five social media accounts; Instagram, Facebook, Twitter, LinkedIn and YouTube accounts (the “Prize”).
b) The winners of the Prize must accept the Prize as awarded and cannot transfer, assign or substitute the Prize, except at the sole discretion of DSA Canada or as otherwise provided in these Rules. The Prize has no cash value.
c) The outcome of the Video Challenge is dependent on the total number of eligible Entries received, the quality of each Entry and the Judges’ application of the Assessment Criteria (as described above).
- Notifying the Winners.
a) Within approximately 48 hours after August 30, 2021, the Entrants (each referred to as a “Top 10 Entrant”) who submitted the Entries determined by the Judges to be the top ten Entries will be notiﬁed by DSA Canada by email or telephone using the information provided by the Entrant.
● Each Top 10 Entrant will be required to sign and return (scanned copy of original to be received by DSA Canada within ﬁve business days of the date of DSA Canada’s notiﬁcation, with the original document to follow by registered mail) a Declaration of Eligibility and Liability and Media Release that conﬁrms the Top 10 Entrant’s: eligibility for the Video Challenge and compliance with the Rules;
● acceptance of the Prize as awarded;
● release, to the fullest extent permitted by law, DSA Canada and its employees, directors, oﬃcers, suppliers, agents, sponsors and administrators (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Video Challenge, participation in any contest-related activity or the acceptance of any Prize, including, but not limited to, costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom;
● grant to DSA Canada of the unrestricted right, in DSA Canada’s sole discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the winner’s name, photograph, likeness, voice and biographical material in any and all media now known or hereafter devised, in connection with the Video Challenge and the promotion and exploitation thereof, without compensation, unless prohibited by law; and
● grant to DSA Canada of an irrevocable license, free of charge, to use in all territories worldwide the idea(s) contained (and as expressed) in the winning Entry for the purpose of furthering and promoting the purposes and objects of DSA Canada, such license to be in respect of any and all media now known or hereafter devised.b) If a Top 10 Entrant fails to respond within the stated timeline or refuses to sign and deliver to DSA Canada the Declaration of Eligibility and Liability and Media Release in the form provided, then that Top 10 Entrant will be disqualiﬁed, and an alternate will be selected by a process determined by DSA Canada in its sole discretion.
c) Notiﬁcation of a Top 10 Entrant is considered to have taken place at the time that DSA Canada makes contact with the Top 10 Entrant, either by telephone or by email, provided on the Top 10 Entrant’s Video Challenge Entry Form.
d) A Top 10 Entrant will be entitled to receive a Prize when DSA Canada receives the Top 10 Entrant’s properly signed original of the Declaration of Eligibility and Liability and Media Release in the form provided.
e) The winners of the Prizes will be announced on the Video Challenge Website on or about September 8, 2021.
- Privacy and Personal Information.
a) By entering the Video Challenge, each Entrant grants to DSA Canada the right to use his/her name, mailing address, telephone number and e-mail address (collectively, “Personal Information”) as follows: (i) for the purpose of administering the Video Challenge, including but not limited to contacting and announcing the winners; and (ii) for publicity and promotional purposes relating to the Video Challenge, in any and all media now known or hereafter devised, without further compensation unless prohibited by law, such use shall only be with respect to the Entrant’s name, city and country, state, province or territory of residence.
b) In addition to the foregoing, each winner of a Prize who is an individual agrees that a photo of himself / herself (which the winner will submit to DSA Canada upon winner conﬁrmation) may be used by DSA Canada for publicity and promotional purposes relating to the Video Challenge, in any and all media now known or hereafter devised, without further compensation unless prohibited by law.
DSA Canada reserves the right in its sole and absolute discretion to cancel, withdraw, amend, terminate or suspend the Video Challenge in whole or in part for any reason.
- Amendment of Rules.
Any amendments to the Rules will become binding upon all Entrants at the time they are posted to the Video Challenge Website. Entrants are advised to regularly check the Video Challenge page on DSA Canada’s Website for updates, notices and revisions to the Rules during the Entry Period.
- Governing Law.
The Video Challenge shall be governed by and construed in accordance with the laws of the Province of Ontario, without reference to the choice of law provisions of the Province of Ontario, and the laws of Canada applicable in Ontario. All aspects of all actions brought relating to the subject-matter of the Video Challenge shall be governed by Ontario law, without reference to the choice of law provisions of the Province of Ontario.
- Jurisdiction and Venue.
The courts of the Province of Ontario (referred to as the “Court”) shall have exclusive jurisdiction to entertain and determine all disputes, claims, suits, actions and other proceedings of any nature or kind arising out of or in connection with the Video Challenge, including, without limitation, speciﬁc performance, injunction, declaration of damages or otherwise, both at law and in equity (collectively, an “Action”), and DSA Canada and each Entrant shall irrevocably submit to the exclusive jurisdiction of the Court and waive, and will not assert by way of motion, as a defence, or otherwise, in any Action that: (i) that they are not subject to the jurisdiction of the Court; (ii) the Action is brought in an inconvenient forum; (iii) the forum of the Action is improper; or (iv) the subject matter of the Action may not be enforced in or by the Court. In addition, the hearing of any Action shall take place in the Court located within the City of Toronto, in the Province of Ontario.
- General Terms and Conditions.
a) By entering the Video Challenge, Entrants agree to be bound by the Rules (as they may be amended or replaced from time to time). In the event of a dispute regarding any aspect of the Video Challenge, DSA Canada will make the ﬁnal ruling in its sole discretion. DSA Canada’s ruling on a disputed matter will be ﬁnal and binding, and no communication or correspondence will be exchanged with Entrants regarding such ruling(s) unless otherwise required by law.
b) DSA Canada is not responsible for any computer errors or malfunctions, any failure of the DSA Canada Website during the time that the Video Challenge is running, or any problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of technical problems 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 or other property related to or resulting from downloading any material in the Video Challenge all of which may aﬀect a person’s ability to participate in the Video Challenge. Nor is DSA Canada responsible for lost, incomplete, late or misdirected Entries or selections, Entrant selections and submissions, theft, destruction or unauthorized access to, or alteration of, Entries.
c) In submitting an Entry, an Entrant warrants that all components of the Entry are an original work, over which the Entrant has all the necessary rights, title, and interest, including copyright, and that the Entry does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy of any third party, living or deceased. Entrants will indemnify and hold DSA Canada harmless from and against any and all loss, damage, costs and other expenses arising out of claims, whatever their nature, resulting directly or indirectly from breach of this warranty.
d) All intellectual property rights in an Entry are retained by the Entrant who made the submission.
e) DSA Canada shall have the right to maintain, display and use all Entries on its website in perpetuity.
f) All decisions of the Judges, in selecting the Top 10 Entrants, are ﬁnal and binding on the Entrants.
g) Any attempt to deliberately damage any website or to undermine the legitimate operation of the Video Challenge is a violation of criminal and civil laws, and should such an attempt be made, DSA Canada reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
h) All Entrants and the winners assume any and all liability for injuries caused, or claimed to be caused, by participating in the Video Challenge or the acceptance, possession or use of any Prize awarded, including, but not limited to, damages for personal injury or property damage.
i) All Entries are subject to veriﬁcation and DSA Canada reserves the right to cancel and revoke any Entries, if they are found, in the sole discretion of DSA Canada, to be inappropriate, oﬀensive, derogatory or in any other way improper, or if the Entrant is found not to be eligible pursuant to the Rules. In the event of a dispute regarding who submitted an entry, online Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time that the Entry was submitted.
j) This online competition is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations.