Contest Rules

Sign up for my newsletter for a chance to win a Nest thermostat.
(the “Contest”)
CONTEST RULES

  1. CONTEST PERIOD. The entry period for the Contest begins on February 1, 2022 at 9:00 a.m. Eastern Time and ends on February 17, 2022 at 11:59 p.m. Eastern Time (the “Contest Entry Period”). To be eligible, your Contest Entry (as defined below) must be submitted during the Contest Entry Period.

  2. ELIGIBILITY.The Contest is open to any individual who meets the following criteria (hereinafter referred to as “Entrant” or “you”):

    1. is a legal resident of Canada (except Quebec) and the United States at the time of the Contest Entry Period;
    2. who have reached the age of majority in Ontario at the time of the Contest Entry Period;

      3. and

    3. a resident of East York E1, E2, E3.;

      4. during the time of the Contest Entry Period;

      You are not eligible to enter the Contest or be selected as a Winner (as defined below) if you are:

    4. a real estate sales representative of broker or an employee of Remax or Kevin Smith Homes (the “Contest Sponsor”) or, a spouse or child of such an employee, or any other company or individual engaged in the provision of goods or services, related to this Contest.

  3. HOW TO ENTER. No purchase necessary. The Entrant may enter the Contest at any time during the Contest Entry Period by following completing the following:

    1. signing up to receive electronic and print newsletters and email communication from Kevin Smith Homes at https://kevinsmithhomes.ca/contest/?postcard=nest,

  4. CONTEST ENTRY CONDITIONS. There is a limit of 1 Contest Entry per sign up Entrant during the Contest.

  5. PRIZES. There one (1) prize available in the Contest).

    1. The grand prize is a Nest Thermostat (3rd generation) valued at $329 Canadian before taxes for a randomly selected entry.

    The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by the Contest Sponsor in its sole and absolute discretion). No substitutions are permitted except at the Contest Sponsor’s sole option. The Contest Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize with an item or items of equal or greater retail value, including, without limitation, but at the Contest Sponsor’s sole and absolute discretion, a cash award.


  6. WINNER SELECTION PROCESS AND ODDS OF WINNING. On Feb. 19th at 11 a.m. Eastern Time one (e) Entrant will be randomly selected as the potential winner from all eligible Contest Entries received during the Contest Entry Period. The Contest Sponsor, or its designated representative, will make a maximum of two (2) attempts to contact each selected Entrant by email (using the information provided in the Contest Entry) within five (5) business days of the draw date. If the selected Entrant cannot be contacted within five (5) business days of the end of the draw date, or if there is a return of any notification as undeliverable, then that selected Entrant will be disqualified and will forfeit all rights to the Prize and the Contest Sponsor reserves the right in its sole and absolute discretion, to select an alternate potential winner via random draw (in which case the foregoing provisions of this section will apply to such alternate selected Entrant).

    7. The odds of winning depend on the number of eligible Contest Entries received.


  7. DECLARATION OF WINNER. Before a selected Entrant is declared a winner (after declaration, referred to as a “Winner”), the selected Entrant must sign and return, within five (5) business days of notification, a declaration of compliance and release of liability prepared by the Contest Sponsor (the “Release”).

    8. In the Release, the Eligible Winner is required to, among other things:

    1. correctly answer a mathematical skill-testing question without mechanical or other aid;
    2. confirm compliance with these Contest Rules;
    3. agree to release the Contest Sponsor, its governors, officers, employees, directors, representatives, and agents, and if applicable, any of their respective advertising or promotion agencies, and any other company or individual engaged in the provision of goods or services related to this Contest (collectively, the “Contest Parties”) from any and all claims, damages, liabilities, costs and expenses arising from any liability in connection with this Contest, the Winner’s participation therein and/or the awarding and use/misuse of the Prize;

    The selected Entrant will be disqualified and forfeits all rights to the Prize if the selected Entrant:

    1. fails to correctly answer the skill-testing question;
    2. fails to return the properly executed Release within the specified time; or
    3. cannot be a declared a Winner in accordance with these Contest Rules for any reason.

    If the applicable Entrant is disqualified, the Contest Sponsor reserves the right, in its sole and absolute discretion, to select another Entrant via random draw (in which case the foregoing provisions of this section shall apply to such new selected Entrant).


  8. RIGHT TO SUSPEND/MODIFY/TERMINATE. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, strike or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Contest Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, and disqualify any individual or entity who is responsible for such action. If terminated, the Contest Sponsor may, in its sole discretion, determine the winners from among all eligible Contest Entries received up to time of such action using the procedures outlined herein.

  9. LIMITATIONS OF LIABILITY AND RELEASE No liability or responsibility is assumed by the Contest Parties resulting from the Entrant’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information to the Contest Sponsor website in connection with the Contest. No responsibility or liability is assumed by the Contest Parties for: 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; the failure of any Contest Entry 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; or unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms. The Contest Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of Contest Entries, the announcement of the Prize or in any Contest-related materials. Use of the Contest Sponsor website is at user’s own risk. The Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer resulting from participation in the Contest. The Contest Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.

  10. GENERAL. The Contest is governed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein. The Contest Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Contest Rules, to the extent necessary, for purposes of verifying compliance with these Contest Rules or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these Contest Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Contest Rules shall prevail, govern and control to the fullest extent permitted by law.