Pelican Contest

OFFICIAL RULES

(From April 1 to December 31, 2021)

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF ONE (1) OF THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, OR CANADA, EXCLUDING THE SPECIFIED EXCLUDED STATES, PROVINCES, AND TERRITORIES. THE CONTEST IS NOT VALID WHERE IT IS PROHIBITED BY LAW OR WHERE THE LAW IMPOSES RESTRICTIONS TO THE INDIVIDUAL’S PARTICIPATION. PARTICIPATION IN THIS CONTEST CONSTITUTES CONSENT TO THESE OFFICIAL RULES. BY ENTERING THE CONTEST, EACH PERSON DECLARES AND WARRANTS THAT THEY MEET THE ELIGIBILITY CRITERIA INCLUDED HEREIN, HAVE READ AND ACCEPTED THESE OFFICIAL RULES, AND WILL COMPLY WITH THESE OFFICIAL RULES. VOID WHERE PROHIBITED.

1. Contest Organizers

1.1. Pélican International Inc., 1000 Place Paul-Kane Laval, Qc, Canada, H7C 2T2 (the “Organizer” or “Pelican”) is the Organizer of the Pelican Contest (the “Contest”). Only the Organizer may directly manage this Contest and these official rules.

 

2. Timing, Eligibility, and Registration

2.1. The period that begins on April 1, 2021 at 12:01 a.m. (Eastern Time) (the “Contest Opening Date”) and ends on December 31, 2021 at 11:59 p.m. (Eastern Time) (the “Contest Closing Date”) constitutes the “Contest Entry Period.” There will be eight (8) prize draws, each occurring on the first Monday of each month beginning in May, 2021 and concluding in January 2022, as described in Section 4 below (each a “Prize Draw Day”).

2.2. The Contest is open exclusively to legal residents of Canada or the United States, with the exception of the provinces/states specified in article 2.3 (the “Excluded States”), who have reached the age of majority in their province, territory, or state of residence on the date of entry and who possess an active account in good standing on the pelicansport.com website (each an “Entrant”).

2.3. Residents of Alaska, Hawaii, Puerto Rico, and U.S. territories and possessions are NOT eligible for this Contest.

2.4. Entry requires that an eligible person establish an account on the pelicansport.com website. If the Entrant does not have an account on the pelicansport.com website (an “Account”), Entrant can create an Account directly online at www.pelicansport.com* or by calling customer service at 450-664 -1222. Membership and creating an Account is free of charge. The Entrant must ensure that the contact details entered in his Account are at all times correct to allow the Organizer to reach him or her, if necessary. *By joining the Account, the Entrant agrees to be bound by the terms and conditions of the Account, including the Organizer's Privacy Policy, which are subject to change from time to time.

2.5. Employees, agents, officers, directors of the Organizer and of any person affiliated or related to the Organizer (including all employees of Pelican and its subsidiary, Confluence Outdoor Inc.), their representatives and the official advertising or promotion agencies of this Contest (the “Partners”) or any other stakeholder directly related to this Contest, as well as the persons with whom they are domiciled, whether or not they are related, cannot enter this Contest. Also excluded are representatives, agents, firms and agencies related or affiliated with Pelican and its affiliated companies, as well as their employees, persons with whom they are domiciled, and any business owned* or controlled by either of these persons. *The following is considered “owned” (i) a company whose share capital is held, in whole or in part, by one or the other individual or entity mentioned in this section; or (ii) a sole proprietorship (a self-employed individual) exercising a professional or a commercial activity by one or the other of the persons mentioned in this section.

 

3. Entry

3.1. There is no purchase is necessary to enter the Contest. To validly enter, an Entrant must meet the eligibility conditions, as well as any other condition set out in these official rules (the “Rules”). Subject to the limitations contained in these Rules, there are two (2) ways to enter the Contest. The Entrant may participate by making a qualifying purchase of a participating product or may also participate without making any qualifying purchase by following the instructions below..

  • 3.1.1. With purchase: During the Contest Entry Period, purchase a participating product. Kayak, canoe, pedal boat, fishing boat and paddle boards qualifies as a participating product. After purchasing the participating product, register the participating product by Internet or via Pelican’s customer service 1-450-664-1222. To register a participating product, you can scan the QR code found in conjunction with the registration materials that accompany the purchased product or register online by visiting https://bit.ly/3rN81cx. Once there, click on “Register your Boat.” Upon registration of his or her purchased participating product, the Entrant will automatically receive one (1) entry in the Contest. If Entrant seeks to obtain a refund on the purchase of any participating product prior to a prize draw as described below in Section 4 below, Entrant’s entry may be disqualified.

  • 3.1.2. Without purchase: During the Contest Entry Period, eligible persons can enter by mail or email:
    • 3.1.2.1. By Mail - Print your first name, last name, phone number, complete mailing address (including zip code) and age on a piece of white paper and mail it (in an envelope with sufficient postage for Canada) to the following address: 1000 Place Paul-Kane, Laval, Quebec, Canada, H7C 2T2
    • 3.1.2.2. By Email - Send your first name, last name, phone number, complete mailing address (including zip code) and age by email to the following address: marketing@pelicansport.com.
    • 3.1.2.3. For Either Mail or Email Entries - Upon entry in accordance with the foregoing instructions, the Entrant will receive one (1) entry in the Contest. Mail-in entries become the property of Organizer and none will be returned. Organizer is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries. The mailed paper or email must contain the following items:
      (i) The title of this Contest in the subject line of the email or letterhead; and
      (ii) The Account number created on pelicansport.com.

3.2. Limit. Only one (1) entry per person regardless of method of entry. Multiple entries from the same person shall be disqualified.

3.3. For the purposes of these Rules, the Entrant is the person whose name appears in the Account and it is to this person to whom the Prize (hereinafter defined) will be awarded if selected and declared a Winner (hereinafter defined) of this Contest.

 

4. Draw

4.1. A drawing will be held on each Prize Draw Day at approximately 11:00 a.m. (Eastern Time), in front of a witness among the employees of Organizer, at the offices of Pelican International Inc. located at 5860 Rue Maurice-Cullen, Laval, Quebec, Canada or until teleworking due to COVID is not mandatory anymore, via Zoom. The odds of winning depend on the number of eligible entries received as of each Prize Draw Day. LIMIT: One (1) Prize per person. Pelican reserves its right to disqualify an Entrant or cancel an entry that does not comply with these Rules. Only the Winner shall be contacted.

 

5. Prize

5.1. The eligible Entrant drawn on each Prize Draw Day shall be the winner of that prize draw, subject to Organizer’s verification and the potential winner’s continued compliance with these Rules and completion of the Prize Conditions set forth below in Section 6, including where applicable, the successful completion of a skill-testing question. Eight (8) Prizes are available (the “Prize”): A set of Pelican nautical accessories with an approximate retail value (“ARV”) of USD $250. For additional Prize details, please visit www.pelicansport.com/contest for the English version or www. pelicansport.com/concours for the French version. The Prize will be delivered to the Winner by regular or courier mail, in Organizer’s sole discretion. Please allow 4-5 weeks for shipment of prize. TOTAL ARV of all Prizes: USD $2,000. Prizes are subject to the terms and conditions of use of the Prize manufacturer. Color, package, features, and other prize specifics to be determined by Organizer in its sole discretion and are subject to availability. Additional restrictions may apply. The Organizer has no responsibility for the Prize once shipped. Each winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used.

5.2. SPECIAL CONDITIONS RELATED TO THE PRIZE. Each Prize is non-refundable, non-transferable, non-cash-convertible, non-transferable, and may not be substituted (except in Organizer’s sole discretion).

 

6. Prize Conditions

6.1. To be declared a winner (the “Winner”), the Entrant, randomly selected and verified, must comply with the following conditions:

  • 6.1.1. Be reachable either by phone or email, at the Organizer’s election within three (3) business days of the draw. If the selected Entrant is not reached within the prescribed time limits following appropriate and reasonable steps taken by the Organizer, his participation will be cancelled and a second Entrant shall be drawn for the Prize. If said second Entrant cannot be reached within three (3) business days of the second draw, their participation will be cancelled and no other Entrant will be selected and the Prize will not be awarded. In the event that a selected Entrant is reached by email, he /she must respond by complying with the instructions given therein, if applicable. Any email notification of a Prize which includes an indication that the message could not be delivered will result in the disqualification of the Entrant;

  • 6.1.2. For Canadian residents only: Have correctly answered a skill testing question on the Declaration and Disclaimer Form (hereinafter defined) which will be sent to him or her by the Organizer;

  • 6.1.3. Have accepted the Prize, as described in these Rules, which cannot be transferred, modified or exchanged in whole or in part for a sum of money or any other item;

  • 6.1.4. Have completed and signed a Declaration and Disclaimer Form (the “Form”) and returned it to the Organizer within the time limit indicated in the letter accompanying the Form. In the event that the selected Entrantdoes not return the Form within the required timeframe, the Prize will be awarded to another Entrant;

  • 6.1.6. Confirm that he meets the eligibility conditions and other requirements of these Rules.
    •  

    7. General Conditions

    7.1. The refusal of a selected Entrant to accept a Prize in accordance with the terms of these Rules releases the Organizer and the Partners from all their obligations related to the Prize towards this Entrant.

    7.2. The Organizer and the Partners reserve the right, at their sole discretion, to cancel, terminate, modify or suspend, in whole or in part, this Contest in the case of any event or occurrence that may corrupt or affect the administration, security, impartiality or management of the Contest as provided for in these Rules, subject to the approval of the Régie des alcools, des courses et des jeux du Québec (the “Régie”), if applicable. In any case, the Organizer, its subsidiaries, and all entities or establishments affiliated with the Organizer and the Partners may not be required to award more than one Prize in connection with each drawing or to award a Prize other than in accordance with the Rules.

    7.3. The Organizer and the Partners will not assume any responsibility of any kind whatsoever in all cases where their inability to act results from an act or a situation beyond their control or from a strike, lockout or any other labour dispute in their locations, organizations or entities whose services are used for the Contest.

    7.4. The Organizer and the Partners will not incur any responsibility for any problem including, but not limited to technical failure of telephone networks or lines, online computer systems, servers or suppliers, computer equipment, software, or any other problem resulting directly or indirectly from a virus, bug or data transmission failure. Organizer is not responsible for any change or incorrect submission of email address, mailing address, telephone number, or other information of an Entrant or Winner.

    7.5. By participating in this Contest and to the extent permitted by law, the Winner authorizes the Organizer, its Partners and representatives to use, if required, its name, photographs, images, contact details, statements relating to the Prize, place of residence and/or his or voice, without any form of remuneration, at their discretion and without limit as to the period of use, by any medium and on a global scale, for advertising or any other purpose, the whole, in accordance with the law.

    7.6. By entering the Contest, Entrants consent to the collection, use and disclosure of their personal information by the Organizer, its Partners and representatives for the purposes of managing the Contest, to communicate with the selected Entrants or for other purposes, all to the extent permitted or required by law and in accordance with the Organizer’s Privacy Policy accessible at the link: English version: https://www.pelicansport.com/privacy-policy and the French version: https://www.pelicansport.com/ca_fr/confidentialite.

    7.7. Notice to Entrants - Data Communicated Outside of Quebec: Pelican and its affiliates may do business with one (or more) service provider(s) based outside of Quebec. Thus, it is possible that some of your personal information held Pelican may be communicated outside of Quebec and be governed by the laws applicable to these foreign countries or states. By completing the Form and participating to this Contest, the Entrant accepts these terms.

    7.8. All contest entry materials received from Entrants shall become the property of the Organizer and its respective advertising or promotional agencies and shall not be returned.

    7.9. In the event that, for reasons beyond their control and for reasons unrelated to the Winner, the Organizer or the Partners cannot award the Prize (or a portion thereof) as described in the Rules, they reserve the right to award a Prize (or a portion of the Prize) of the same nature and of equivalent value as the Prize or, at their sole discretion, the value of the Prize (or a portion thereof) in cash.

    7.10. The Winner releases the Organizer and the Partners, their advertising and promotional agencies, their employees, agents and representatives from any liability for any accident, damage, loss, prejudice or inconvenience of any kind whatsoever that they may suffer related to their participation in the Contest or for any damage of any kind that they may suffer as a result of the acceptance and use of the Prize.

    7.11. The Organizer and the Partners, as well as their advertising and promotion agencies, employees, agents and representatives accept no responsibility for any damage or loss that may be caused, directly or indirectly, in whole or in part, by downloading any web page or any software and by transmitting any information aimed at participating to this Contest.

    7.12. The Organizer has duly paid the fees payable in respect of this Contest, as provided by the Act Respecting Lotteries and Races, Publicity Contests and Amusement Machines (R.S.Q., chapter L-6).

    7.13. Quebec residents only: A dispute relating to the organization or management of a contest may be submitted to the Régie for a ruling. Any dispute relating to the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

    7.14. Any Entrant who does not respect these Rules may be disqualified. As a condition of entering, Entrants agree (and agree to confirm in writing on the Form): (a) to release Organizer and Partners, from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any Prize, including any traveling related thereto (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. These Rules and the Contest are governed by Quebec, Canada law and are subject to all applicable federal, provincial, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and Organizer in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Quebec, Canada, without giving effect to the conflict of laws rules thereof, and any matters or proceedings, shall take place in Quebec, Canada.

    7.15. All entries are subject to verification by the Organizer. Any entry or attempt to enter that is, as the case may be, fraudulent, illegible, incomplete, received later than provided herein or otherwise not submitted in accordance with these Rules will be rejected and will not be eligible for an entry form or a Prize, as the case may be. The Organizer’s decision with respect to any aspect of this Contest, including, without limitation, the eligibility or disqualification of an entry, will be final and binding, subject to a decision of the Régie relating to a matter falling within its jurisdiction.

    7.16. The Organizer reserves the right to disqualify a person or to cancel his participation, if he enters or attempts to enter this Contest by using a means contrary to these Rules or likely to be unfair to the parties or to the other Entrants. The decision of the Contest Organizer to this effect is final and without appeal. decision of the Régie relating to a matter falling within its jurisdiction.

    7.17. Any attempt to intentionally damage a website or to interfere with the legitimate operation of the Contest in any way (as determined by the Organizer, in its sole and absolute discretion) constitutes a violation of criminal and civil laws. In such a case, the Organizer reserves the right to sue for damages within the limits permitted by law. The Organizer, with the consent of the Régie, reserves the right to cancel or interrupt the Contest or to modify the Rules, in the event of any accident or any printing or administrative error, or any other error of any kind, without notice or obligation.

    7.18. The decisions of the Organizer and the Partners regarding the Contest are final and without appeal.

    7.19. To the extent permitted by law, all questions regarding the wording, validity, interpretation and enforceability of these Rules or the rights and obligations of the Entrants, the Organizer, its Partners or representatives or any other released party in connection with the Contest, are governed and interpreted under the laws in force in the province of Quebec and the Canadian federal laws applicable herein, regardless of the choice of law or the conflict of laws or provisions of law that would result in the application of the laws of another jurisdiction. The parties hereby accept the exclusive jurisdiction of the courts located in Quebec relating to any action (or other) for the purpose of enforcing these Rules or in connection with this Contest.

    7.20. To view the Rules, visit www.pelicansport.com/contest for the English version or www. pelicansport.com/concours for the French version

    7.21. The Winner may claim their Prize from the Organizer, Pélican International Inc.

    7.22. In the event of discrepancies between the French and English versions, where applicable, of these Rules, the French version shall prevail.

    7.23. The use of the masculine is used for the sole purpose of simplifying the text.

    7.24. For a list of the Winners, visit www.pelicansport.com/contest for the English version or www. pelicansport.com/concours for the French version before January 31, 2022.