2016 CONTEST-DETAILS

THE BRK SPRING 2016 FISHING GETAWAY CONTEST

THE First Alert (Canada), Inc. “SPRING 2016 FISHING GETAWAY” (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA (EXCLUDING QUEBEC) ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST OF THE AGE OF MAJORITY OR OLDER IN THE PROVINCE OF RESIDENCE AT THE TIME OF ENTRY (EXCLUDING QUEBEC). VOID IN WHOLE OR IN PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1.ELIGIBILITY

To be eligible for this Contest, an individual must:

(a) be a legal resident of Canada, excluding Quebec.

(b) be eighteen (18) years of age or older at the time of entry; and

(c) be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest

Employees of First Alert (Canada), Inc. (“First Alert”) their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.

First Alert shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to First Alert for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. First Alert reserves the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2.CONTEST PERIOD

The Contest begins at 9:00 a.m. Eastern Daylight Time (“EDT”) on Monday, February 29, 2016 and ends at 11:59 p.m. EDT on Saturday, April 30, 2016. (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.

3.HOW TO ENTER

(a) To enter either:
(i)Purchase one of the following BRK/First Alert carbon dioxide/ smoke alarms:

  1. SC9120BA
  2. SC9126BTCA 120 vac,
  3. ZERO WASTE,
  4. 9120BA
  5. 7016BTCA

at a participating distributor and complete the entry form provided by the distributor (“Entry Form”). The Entry Form will require the following information: contractor name, company name, distributor name, sales person’s name, branch number of distributor where purchased, date of purchase, phone number, and e-mail address to be entered in the Contest; Entry Forms will be held by the distributor for collection by First Alert at the conclusion of the contest period.

(ii)No purchase necessary entry: Mail a handwritten essay (50 words max) detailing why you should win the Contest (“Work”), and provide the following: your name, date of birth, phone number, email address, complete mailing address and a self-addressed stamped envelope to: 2015 Fishing Giveaway c/o BRK; 845 Intermodal Drive, Brampton ON, L6T 0C6. Requests must be postmarked no later than April 25 2016 and received no later than April 30, 2015. Limit (1) entry per stamped envelope per person.

(b) By submitting the Work, entrant represents and warrants that: (i) the Work does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Work is original and all right, title and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable First Alert to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property or other statutory or common law rights of any third party.

(c) Limit of one (1) entry per invoice/Entry Form or per stamped envelope during the Contest Period.

(d) All entries, including the Work, become the sole property of First Alert and will not be acknowledged or returned for any reason. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a prize.

4.PRIZES

Participants are eligible to win one (1) of the following prizes:

(a) There are eight (8) Grand Prizes available to be won, each having an approximate retail value (“ARV”) of $2,930.00 and consisting of:

  • One (1) return flight from any major Canadian airport to Kenora (ARV: $600.00);
  • One (1) return ground transportation from Winnipeg Airport to Totem Lodge Resort (ARV $440.00);
  • One (1) two day guided fishing tour provided by Totem Lodge Resort; includes local guide, boat and tackle and One (1) three (3) night stay for one at Totem Lodge Resort (ARV $1650.00); and
  • One (1) apparel gift pack including apparel provided by Berkley® (ARV $240)

Prize availability dates are June 6 2016 through June 9 2016 and may not be changed or amended, unless approved by First Alert in its absolute and sole discretion.

(b) There are ten (10) Second Place Prizes available to be won, each having an approximate retail value of $240 and consisting of: One (1) apparel gift pack including apparel provided by Berkley®

(c) There are ten (10) Third Place Prizes available to be won, each having an approximate retail value of $199 and consisting of: One (1) LiFoam executive Food and Beverage Centre Outdoor 57 quart cooler

(d) Winners are not entitled to monetary difference between actual prize value and stated approximate prize value, if any.

(e) Other than the Grand Prize which is only redeemable June 6 2016, prizes will be distributed within sixty (60) days after each winner has been successfully contacted and notified of his prize and each has fulfilled the requirements set out herein.

(f) Recipients must comply with the Contest Rules and sign and return the Release (described below).

(g) Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of First Alert. Any unused portion of a prize will be forfeited and have no cash value. First Alert reserves the right, in their sole discretion, to substitute a prize of equal or greater value if a prize (or any portion thereof) cannot be awarded for any reason.

(h) Shipped prizes shall not be insured and First Alert shall not assume any liability for lost, damaged or misdirected prizes.

5.WINNER SELECTION

Twenty Eight (28) Winners shall be selected as follows:

(a) Second and Third Place Prize Draws:There will be a combined twenty (20) second and third place prize draws. Each draw will take place from all eligible entries received by 11:59 p.m. EDT on Saturday, April 30, 2016 twenty (20) selected second and third prize winners can only win one (1) semi-finalist prize, and will not be eligible to win the Grand Prize.

(b) Grand Prize Draw: A random draw by a representative of First Alert, from all eligible entries received (excluding the twenty (20) second and third prize winners) will be made at approximately 10:00 a.m. on Monday May 9 2016 in Brampton, Ontario.

(c) The odds of being selected as a winner are dependent upon the number of eligible entries received before each draw. Before being declared a winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at the time of the call-in to comply with the Contest Rules and sign and return the Release (described below).

(d) EACH SELECTED ENTRANT WILL BE NOTIFIED BY EMAIL OR TELEPHONE AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. If the selected entrant does not respond within the stipulated time, they will be disqualified and another eligible entrant may be selected in First Alert’s sole discretion until such time as an entrant satisfies the terms set out herein. First Alert is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for First Alert to receive a response.

(e) If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible prize claimants after the Contest’s closing date to award the correct number of prizes.

6.RELEASE

Winners will be required to execute a legal agreement and release (“Release”) that confirms each winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of a prize as offered; (iii) release First Alert Global Inc., and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse 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; and (iv) grant to First Alert the unrestricted right, in First Alert’s collective or individual discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use or re-use the Work, winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a winner or the selected entrant will be disqualified and the prize forfeited.

7.INDEMNIFICATION BY ENTRANT

By entering the Contest, the entrants release and hold Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. The entrants agree to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

8.RIGHTS CLEARANCE

By providing the Work to First Alert in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to First Alert a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. First Alert assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to First Alert that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. First Alert reserves the right to exclude any Work on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by First Alert in their sole discretion.

9.LIMITATION OF LIABILITY

First Alert assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware, television distribution system or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. First Alert is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. First Alert assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. First Alert is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. First Alert is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading material in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. First Alert assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of First Alert, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or any website.

10.CONDUCT

By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted on the First Alert Global Website (www.brkcanada.ca) and made available at participating distributors throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and First Alert, which shall be final and binding in all respects. First Alert reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, FIRST ALERT RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

11.PRIVACY / USE OF PERSONAL INFORMATION

(a) By submitting an entry into the Contest, entrants: (i) grant to First Alert the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the winners; (ii) grants to First Alert the right to use the Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that First Alert may disclose his/her Personal Information to third-party agents and service providers of any of First Alert in connection with any of the activities listed in (i) and (ii) above.

(b) First Alert will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the First Alert Global Inc. Privacy Policy at: www.firstalert.ca/legal-Privacy

12.INTELLECTUAL PROPERTY

All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by First Alert and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

13.TERMINATION

First Alert reserves the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

14.LAW

These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over First Alert. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and First Alert in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

15.LANGUAGE DISCREPANCY

In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.