2020 Toronto Defiant T-Shirt Contest (the ‘Contest’) 

 
CONTEST DECLARATION OF ELIGIBILITY AND RELEASE  
(Prize Winner) 

  1. I am a legal resident of Canada and of the age of majority in the Province/Territory in which I reside.  

  2. I understand and agree that this Declaration of Eligibility and Release will be used to determine my eligibility in the Contest, which is sponsored by OverActive Media Corporation (the “Sponsor”). 

  3. I declare and confirm that I have read, understood, and complied fully with the Contest Rules. 

  4. I hereby release, discharge, indemnify and hold harmless the Sponsor and its officers, directors, and employees, agencies, advertising and promotion agencies and anyone else involved in the development, production or handling of the Contest, including the Sponsor, any of the suppliers or vendors who contributed to the Prize, including specifically Roots Canada and its subsidiaries and affiliates, and their respective directors, officers, employees and assigns (collectively, the “Releasees”), from any and all liability, claims, or damages, demands, actions, or causes of action whatsoever which I, my heirs, successors, assigns, executors, or administrators may now or hereafter have directly or indirectly against them or any of the Releasees in respect of or relating to the Contest and/or the acceptance or use or misuse of the Prize. 

  5. I agree to hold the Releasees harmless against any and all claims and liability arising out of my acceptance or use of the Prize awarded under or in connection with the Contest. I agree to assume all liability for any injury or damage caused, or claimed to be caused, whatsoever and howsoever arising, by my participation in the Contest or use or redemption of a prize awarded under or in connection with the Contest. 

  6. I understand and agree that I am entitled to receive only the prize awarded to me or and that such prize is non-transferable and that no substitutions or cash equivalents will be made except at the sole discretion of the Sponsor or as may be provided or permitted in the Contest Rules or otherwise provided or permitted by law. 

  7. I understand and agree that the Releasees are not responsible for any cancellations, delays, diversions or substitutions or any act of omission whatsoever or howsoever arising or occurring by the persons or entities providing any services in fulfilling or delivering the prize awarded to me. 

  8. I agree to the publication, reproduction and/or other use of my name, address (city only), voice, statements about the Contest and/or photograph or other likeness without further notice or compensation in any publicity or advertisement carried out by or on behalf of the Sponsor, in any manner whatsoever, including print, broadcast or the internet. 

  9. I agree to release, discharge, indemnify and hold harmless Gleam, Instagram, Twitter, Facebook and any other social media platform from any and all liability, claims, or damages, demands, actions, or causes of action whatsoever. I understand that this Contest is in no way sponsored, endorsed or administered by, or associated with Gleam, Instagram, Twitter, Facebook and any other social media platform. 

  10. I understand and agree that neither Sponsor, nor any other entity connected with or related to the Sponsor or to the Contest, including the Releasees, has arranged for or carries any insurance of any kind for my benefit or that of my heirs, executors and administrators relative to the use of any prize awarded to me.  

  11. I understand and agree that I am solely responsible for obtaining and paying for any insurance related to any prize awarded to me in connection with the Contest.  

  12. I understand and agree that any additional costs related to the prize, incurred costs as a result of accepting the prize, are my sole responsibility.  

  13. I understand and agree that the Releasees make no warranties regarding the safety, condition, or fitness of the prize awarded, and will not be responsible for any loss, damage or injury suffered through the acceptance or use of the prize or attendance at any event associated with the prize. 

  14. I understand and agree that this is a complete release by me of all claims and rights that I may have had, may now have or may ever have against the Releasees, and that no action will be taken by me or on my behalf with respect to any such rights. I understand and agree that this Declaration of Eligibility and Release shall be binding upon me, my parents, guardians, dependents, heirs, executors and administrators. 

  15. If any statement made by me in this Declaration of Eligibility and Release is false or if I am otherwise deemed ineligible or unable to accept a prize for any reason, then, in addition to any other remedies that may be taken against me, I agree to return to the Contest Sponsor, immediately upon request, the cash equivalent of the prize in connection with the Contest.