#ScotiaGallery22 Rules

#ScotiaGallery22 Rules(the “Rules”)

By participating in #ScotiaGallery22, you agree to abide by these Rules and the decisions of The Bank of Nova Scotia (“Scotiabank”), which are final and binding.

#ScotiaGallery22 is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook or Twitter. You understand that by participating in #ScotiaGallery22 you are providing your information to Scotiabank and the Scotiabank CONTACT Photography Festival and not to Instagram, Facebook or Twitter (except as otherwise specified in the Instagram, Facebook and Twitter terms). You agree to completely release Instagram, Facebook and Twitter of all liability in connection with #ScotiaGallery22. Any questions, comments or complaints regarding #ScotiaGallery22 must be directed to Scotiabank and not Instagram, Facebook or Twitter.

1. WHO CAN PARTICIPATE

#ScotiaGallery22 is open to all residents of Canadawho have reached the age of majority in their province or territory of residence at the time of participation.

2. PARTICIPATION PERIOD

#ScotiaGallery22 runs from May 1, 2022 at 12:00:01 am (ET) to May 31, 2022 at 11:59:59 pm (ET) (the “Participation Period”). 

3. HOW TO PARTICIPATE

There is no cost or fee required to participate in #ScotiaGallery22. To participate, you must have an Instagram or Twitter account. Participants who don’t have an account can go to instragram.com or twitter.com and register in accordance with the enrollment instructions for a free account. Before entering #ScotiaGallery22, your Instagram or Twitter account privacy settings must have the “Private Account” setting turned off and the “Photos are Private” account setting option must be set to “OFF”. 

During the Participation Period, upload an original photo taken by youand post it on Instagram or Twitter with the searchable tag #ScotiaGallery22. Each original posted photo must meet the submission requirements set out below to be eligible. There is no limit to the number of photos submitted per person provided each photo is different.Photos may only be submitted by a single registered Instagram or Twitter user; group submissions are not permissible. Use of computer programs and/or other automated devices to participate in #ScotiaGallery22 is prohibited. Any costs or expenses incurred by participants in participating in #ScotiaGallery22 are the responsibility of participants. Normal internet access and device usage charges imposed by your online service provider may apply. 

By submitting a photo in #ScotiaGallery22, participants consent to the use by Scotiabank of his/her Instagram or Twitter user name and submitted photo image in connection with #ScotiaGallery22 and for other promotional, advertising, marketing, publicity and commercial purposes in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law.  

4. SUBMISSION REQUIREMENTS

Any photo deemed inappropriate or unsuitable, in Scotiabank’s sole discretion, will be ineligible. Scotiabank reserves the right to have any photo removed which, in its sole discretion, does not comply with these Rules. To be eligible for #ScotiaGallery22, all photos must meet the following minimum requirements: 

  • Photos must be the original work of participant (no co-contributors permitted);
  • Participant may be, but is not required to be, depicted in the photo;
  • Photos must not contain content that: is inappropriate, offensive or indecent including profanity, nudity, or sexual content; promotes racism, hatred, violence or harm against any living creature, individual or group; promotes discrimination based on gender, race, religion, nationality, disability, sexual orientation, age or any other prohibited ground; or promotes the use of alcohol, illegal drugs, tobacco, weapons, or illegal activities;  
  • Photos must not contain advertisements, personal or commercial solicitations, or promote any political agenda or party;
  • Photos must not contain any identifiable third party products and/or trademarks, brands or logos (other than those of Scotiabank), advertise or promote any brand or product owned by any entity other than Scotiabank or contain anti-competitive messages or material that violates the rights of Scotiabank.
  • Photos must not contain names, likenesses, images or other information about an identifiable individual, including without limitation celebrities and/or other public or private figures, living or dead, without express written permission from the person(s) (or their estate);
  • Photos must be in keeping with Scotiabank’s image and not contain any material that could reflect negatively on the name, reputation or goodwill of Scotiabank, its subsidiaries or affiliates, in Scotiabank’s sole discretion; and
  • Photos must not violate or encourage the violation of any law, rule or regulation.

5. PHOTOS FEATURED 

An unlimited number of photos will be featured as part of #ScotiaGallery22 (provided each photo meets the entry requirements listed in Section 4).  Each selected photo and the Instagram or Twitter username of the associated participant will be featured on a digital photo gallery on scotiabankcontactphoto.com. Although Scotiabank will do its best to feature as many eligible photos as possible, it is under no obligation to do so and an eligible photo submission by a participant does not guarantee it will be featured. Odds of photo being featured will depend on the number of eligible photos submitted. 

5. PHOTO SELECTION 

Submitted photos received during the Participation Period will be reviewed by 12:00 pm (ET) every Wednesday in May 2022 (e.g., April 27, May 4, May 11, May 18, May 25) to determine eligibility.  Any photos not featured during a specific week will be included as part of the selection for the following weeks of the Participation Period. Selected participants will be notified every Friday by a Scotiabank representative through Instagram or Twitter Direct Message to confirm their photo will be featured in #ScotiaGallery22.  No confirmation will be required by a notified participant. 

7. GENERAL RULES

All photos submitted will not be returned or acknowledged and by participating in #ScotiaGallery22 participants agree that Scotiabank and the Scotiabank CONTACT Photography Festival may (but are not obligated to) share select photos on their Instagram, Facebook or Twitter accounts or other social media sites. Photo submissions will not be acknowledged, and no correspondence will be entered into except with selected participants.  Scotiabank reserves the right to disqualify all participants who fail to comply with these Rules or who make any misrepresentation relating to #ScotiaGallery22.

If a dispute arises regarding who submitted a photo, the photo submission will be deemed to be submitted by the authorized account holder of the Instagram or Twitter username provided at time of submission. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

Participant represents and warrants that its photo submission does not and will not infringe on any copyright or trademark or any other third party right or violate any applicable law or regulation, including any right to privacy or publicity. 

By participating, participants release and hold harmless Scotiabank and its affiliates, and its and their directors, officers, employees, advertising and promotional agencies affiliated with #ScotiaGallery, participating establishments and any independent  judges appointed by Scotiabank from any claims, actions, injury, loss, or damage of any kind, including, but not limited to, illness, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in #ScotiaGallery22. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties.

Scotiabank shall not be responsible for any failure of email during the Participation Period or for any problems or technical malfunction of a telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email, on-line, or Internet. In addition, Scotiabank shall not be responsible for technical problems, traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to a participant’s or any other person’s computer or property related to or resulting from playing or downloading any material in the promotion. Scotiabank reserves the right, at its sole discretion to cancel, suspend, extend or modify #ScotiaGallery22 without notice, obligation or liability if in the Scotiabank’s opinion there is any suspected or actual evidence of tampering with any portion of #ScotiaGallery22, or if virus, bugs, non-authorized human intervention, force majeure or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of #ScotiaGallery22, or for any other reason in Scotiabank’s sole discretion. In such case, Scotiabank may select photos from all eligible photos received prior to and/or after (if appropriate) the action taken by Scotiabank.  Any attempt to deliberately damage any website or to undermine the legitimate operation of #ScotiaGallery may be a violation of criminal and civil laws, and, should such an attempt be made, Scotiabank reserves the right to seek remedies and damages to the fullest extent permitted by law. Photo submissions are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way, or otherwise not in compliance with these Rules.

#ScotiaGallery22 is subject to all applicable federal, provincial and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of participant and Scotiabank in connection with #ScotiaGallery22, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles. All participants consent to the jurisdiction and venue of the Province of Ontario.

8. PRIVACY 

Scotiabank is committed to respecting the privacy rights of participants. Any personal information collected will be handled in strict accordance with the Scotiabank PrivacyAgreementfound atwww.scotiabank.com and all applicable privacy legislation. Scotiabank will not sell any personal information collected via #ScotiaGallery22 to any third parties. Except as otherwise set forth herein with respect to selected participants, any personal information collected in connection with #ScotiaGallery shall be collected, used and disclosed by Scotiabank solely for the purpose of managing and administering #ScotiaGallery22. By participating in #ScotiaGallery22, the participant hereby consents to Scotiabank’s collection, use and disclosure of the participant’s personal information in order to manage and administer #ScotiaGallery22.

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