Rules
BURNBRAE FARMS Cookie Eggchange Contest
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
1. CONTEST PERIOD:
The Burnbrae Farms Cookie Eggchange Contest (the “Contest”) begins on November 13, 2013 at 12:00:00 p.m. Eastern Time (“ET”) and ends on December 4, 2013 at 11:59:59 p.m. ET (the “Contest Period”).
2. ELIGIBILITY:
Contest is open to all legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Burnbrae Farms Limited. (the “Sponsor”), its parent companies, subsidiaries, affiliates, dealers, prize suppliers, advertising/promotion agencies and the Independent Contest Organization (collectively, the “Contest Parties”). By participating in this Contest, you agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”).
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Facebook is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook. You may only use one (1) Facebook account (the “Account”) to participate in this Contest.
3. HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, go to www.facebook.com/BurnbraeFarms (the “Website”) and follow the on-screen instructions to log-in to your Account and: (i) “Like” the Burnbrae Farms Limited fanpage (the “Fanpage”) (if you are not already a fan of the Fanpage); (ii) allow the “Cookie Eggchange” Contest Application (the “Application” – note: you only need to allow the Application the first time you visit the Website); and (iii) obtain the official Contest entry form (the “Entry Form”). Fully complete the Entry Form, which requires you to: (i) enter your full name, valid email address, and telephone number; (ii) agree to be legally bound by the terms and conditions of these Rules; and (iii) upload one (1)photograph (the “Photo”) and one (1) recipe (the “Recipe”) (Photo and Recipe collectively, the “Submission”) highlighting your recipe for exchanging with friends during the holiday season. To be eligible, each individual component of your Submission must be submitted and received in accordance with the specific Submission Requirements listed below. When all required fields are completed (including uploading each component of your Submission), click the “Submit” button to complete your entry (Entry Form and Submission collectively referred to as “Entry/Entries”). To be eligible, your Entry must be submitted and received within the Contest Period.
Important Note:
There is a limit of one (1) Entry per person/email address/Account permitted during the “Entry Period” (defined as November 13, 2013 at 12:00:00 p.m. Eastern Time (“ET”) and ends on December 4, 2013 at 11:59:59 p.m. ET). For greater certainty, you can only use one (1) email address/Account to enter the Contest. Any Entry you attempt to submit will be rejected if (in the sole and absolute discretion of the Sponsor): (a) the Entry Form is not fully completed (including uploading each individual component of your Submission) and submitted and received during the Entry Period; (b) the Submission (or a component thereof) is not unique and original as determined by the Sponsor in its sole and absolute discretion; and/or (c) the Submission does not conform to the specific Submission Requirements listed below. If it is discovered that any person has attempted to: (i) obtain more than one (1) Entry per person/email address/Account during the Entry Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address and/or Account to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest. Use (or attempted use) of multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other systems(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
Submission Requirements:
BY SUBMITTING AN Entry, EACH ENTRANT AGREES THAT THE SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR SUBMISSION (OR A COMPONENT THEREOF) AND THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
The Submission you submit must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, the Submission you submit must be unique and original (as determined by the Reviewer, defined below, in its sole and absolute discretion) and must meet the following specific requirements:
Type - Maximum Length/ Size - Language - Acceptable Formats
Photo - Size: maximum 5 MB - N/A - .jpeg format
Recipe - N/A - English - To be written in the space provided
By participating in the Contest, each entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor and further warrants and represents that the Submission (and each individual component thereof) he/she submits
i. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer) in and to the Submission and all components thereof to enter the Contest
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any third parties;
iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
(i)Nudity;
(ii)Alcohol/drug consumption or smoking;
(iii)Explicit or graphic sexual activity, or sexual innuendo;
(iv)Crude, vulgar or offensive language and/or symbols;
(v)Derogatory characterizations of any ethnic, racial, sexual or religious groups;
(vi)Content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct;
(vii)Personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic);
(viii) Commercial messages, comparisons or solicitations for products or services other than Burnbrae Farms
(ix)Any identifiable third party products, trade-marks, brands and/or logos, other than those of Burnbrae Farms. For example, any clothing worn and/or products appearing in your photograph must not contain any visible logos, trade-marks or other third party materials
(x)Conduct or other activities in violation of these Rules; and/or
(xi)Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen every Submission. Any Submission (or a component thereof) that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules will not be posted to the Website. Prior to being posted on the Website, the Reviewer reserves the right, in its sole and absolute discretion, to edit or modify any Submission (or a component thereof), or to request an entrant to modify or edit his/her Submission (or a component thereof), in order to ensure that the Submission (or a component thereof) complies with these Rules, or for any other reason. If a Submission (or a component thereof) is deemed to be inappropriate, the entrant will receive an email notification from Sponsor indicating that the Submission has not been posted and he/she will have an opportunity to re-submit his or her revised Submission for consideration by the Reviewer. If an entrant has attempted to submit a Submission three (3) times and has been rejected each time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the entrant from participating in the Contest.
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Submission (and each component thereof) in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Submission (or a component thereof). For greater certainty, the Reviewer reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or remove any Submission (or a component thereof), or to request an entrant to modify or edit his or her Submission (or a component thereof), if a complaint is received with respect to the Submission (or a component thereof), or for any other reason. If such an action is necessary during the Contest, then the Sponsor reserves the right, in its sole and absolute discretion, to: (i) remove the Submission from the Contest; or (ii) reset the vote count associated with the Submission to zero (or, to whatever number the Sponsor deems appropriate in its sole and absolute discretion).
4. THE PRIZES AND APPROXIMATE RETAIL VALUES:
Grand Prize A: There will be one (1) Grand Prize A available to be won consisting of One(1) KitchenAid Artisan® Series Stand Mixer 5 Quart, Red MRSP $499.99 and $150 worth of Burnbrae Farms free product coupons and merchandise.
Secondary Prize: There will be one (1) secondary prize available to be won consisting of $150 worth of Burnbrae Farms free product coupons and merchandise.
Third Prize: There will be one (1) third prize consisting of $75 worth of Burnbrae Farms free product coupons and merchandise.
Grand Prize A, the Secondary Prize and the Third Prize (each a “Prize” and collectively, the “Prize(s)”) must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Each Prize will only be awarded to the person whose verifiable full name and valid email address appears on the Entry Form.
5. GRAND PRIZE WINNER SELECTION PROCESS:
JUDGING – 3 Winners
A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each of the top 10 highest voted eligible entries on the basis of the following weighted criteria:
Criteria - Weighting
originality - 25%
creativity - 25%
uniqueness - 25%
content and potential for taste - 25%
Total Score Maximum 100%
Each the top 10 highest voted eligible entries will be given a score (the “Score”) by the Contest Judges. Odds of being selected as an eligible Finalist (defined below) depend on the number and calibre of eligible Entries received in accordance with these Rules. In the event of a tie between two or more eligible Entries based on Score, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on originality will be deemed the winner. In the event there is still a tie between two or more eligible Entries based on the score for originality, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are still tied – with the highest score creativity will be deemed to be the winner. In the event there is still a tie between two or more eligible Entries based on the score for creativity, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are still tied – with the highest score uniqueness will be deemed to be the winner. In the event there is still a tie between two or more eligible Entries based on the score for uniqueness, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are still tied – with the highest score content and potential for taste will be deemed to be the winner. In the event there is still a tie between two or more eligible Entries based on all criteria, there will be a random draw – from amongst all such eligible entrants that are still tied – to determine the winner. Judging is scheduled to be completed on or about December 6, 2013 (the “Selection Date”). The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each winner (using the information provided at the time of entry) within three (3) business days of the end of the Selection Date. If a winner cannot be contacted within three (3) business days of the end of the Selection Date as outlined above, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to be a winner) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate entrant based on the next highest Score to be a winner (in which case the foregoing provisions of this section shall apply to such new winner).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each eligible Prize winner must sign and return within three (3) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) requires him/her to correctly answer a mathematical skill-testing question without mechanical or other aid; (ii) confirms compliance with these Rules; (iii) acknowledges acceptance of the applicable Prize as awarded; and (iv) agrees to release the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof. If an eligible Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the applicable Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate Finalist based on the next highest Final Score to be an eligible winner of the applicable Prize (in which case the foregoing provisions of this section shall apply to such new eligible winner).
6. GENERAL CONDITIONS:
All Entries become the property of the Sponsor. The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Voters, Entries, Votes, Voter Registrations, and/or entrants.
The Releasees will not be liable for: (i) any failure of the Website or Application during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy statement (available at: www.burnbraefarms.com/consumer/privacy.htm), unless the entrant otherwise agrees.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
The 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 Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
7. INTELLECTUAL PROPERTY:
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
8. LANGUAGE DISCREPANCY:
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: Entry Form, Registration Form, Website, Application and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW
1. CONTEST PERIOD:
The Burnbrae Farms Cookie Eggchange Contest (the “Contest”) begins on November 13, 2013 at 12:00:00 p.m. Eastern Time (“ET”) and ends on December 4, 2013 at 11:59:59 p.m. ET (the “Contest Period”).
2. ELIGIBILITY:
Contest is open to all legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Burnbrae Farms Limited. (the “Sponsor”), its parent companies, subsidiaries, affiliates, dealers, prize suppliers, advertising/promotion agencies and the Independent Contest Organization (collectively, the “Contest Parties”). By participating in this Contest, you agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”).
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Facebook is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook. You may only use one (1) Facebook account (the “Account”) to participate in this Contest.
3. HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, go to www.facebook.com/BurnbraeFarms (the “Website”) and follow the on-screen instructions to log-in to your Account and: (i) “Like” the Burnbrae Farms Limited fanpage (the “Fanpage”) (if you are not already a fan of the Fanpage); (ii) allow the “Cookie Eggchange” Contest Application (the “Application” – note: you only need to allow the Application the first time you visit the Website); and (iii) obtain the official Contest entry form (the “Entry Form”). Fully complete the Entry Form, which requires you to: (i) enter your full name, valid email address, and telephone number; (ii) agree to be legally bound by the terms and conditions of these Rules; and (iii) upload one (1)photograph (the “Photo”) and one (1) recipe (the “Recipe”) (Photo and Recipe collectively, the “Submission”) highlighting your recipe for exchanging with friends during the holiday season. To be eligible, each individual component of your Submission must be submitted and received in accordance with the specific Submission Requirements listed below. When all required fields are completed (including uploading each component of your Submission), click the “Submit” button to complete your entry (Entry Form and Submission collectively referred to as “Entry/Entries”). To be eligible, your Entry must be submitted and received within the Contest Period.
Important Note:
There is a limit of one (1) Entry per person/email address/Account permitted during the “Entry Period” (defined as November 13, 2013 at 12:00:00 p.m. Eastern Time (“ET”) and ends on December 4, 2013 at 11:59:59 p.m. ET). For greater certainty, you can only use one (1) email address/Account to enter the Contest. Any Entry you attempt to submit will be rejected if (in the sole and absolute discretion of the Sponsor): (a) the Entry Form is not fully completed (including uploading each individual component of your Submission) and submitted and received during the Entry Period; (b) the Submission (or a component thereof) is not unique and original as determined by the Sponsor in its sole and absolute discretion; and/or (c) the Submission does not conform to the specific Submission Requirements listed below. If it is discovered that any person has attempted to: (i) obtain more than one (1) Entry per person/email address/Account during the Entry Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address and/or Account to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest. Use (or attempted use) of multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other systems(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
Submission Requirements:
BY SUBMITTING AN Entry, EACH ENTRANT AGREES THAT THE SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR SUBMISSION (OR A COMPONENT THEREOF) AND THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
The Submission you submit must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, the Submission you submit must be unique and original (as determined by the Reviewer, defined below, in its sole and absolute discretion) and must meet the following specific requirements:
Type - Maximum Length/ Size - Language - Acceptable Formats
Photo - Size: maximum 5 MB - N/A - .jpeg format
Recipe - N/A - English - To be written in the space provided
By participating in the Contest, each entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor and further warrants and represents that the Submission (and each individual component thereof) he/she submits
i. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer) in and to the Submission and all components thereof to enter the Contest
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any third parties;
iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
(i)Nudity;
(ii)Alcohol/drug consumption or smoking;
(iii)Explicit or graphic sexual activity, or sexual innuendo;
(iv)Crude, vulgar or offensive language and/or symbols;
(v)Derogatory characterizations of any ethnic, racial, sexual or religious groups;
(vi)Content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct;
(vii)Personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic);
(viii) Commercial messages, comparisons or solicitations for products or services other than Burnbrae Farms
(ix)Any identifiable third party products, trade-marks, brands and/or logos, other than those of Burnbrae Farms. For example, any clothing worn and/or products appearing in your photograph must not contain any visible logos, trade-marks or other third party materials
(x)Conduct or other activities in violation of these Rules; and/or
(xi)Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen every Submission. Any Submission (or a component thereof) that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules will not be posted to the Website. Prior to being posted on the Website, the Reviewer reserves the right, in its sole and absolute discretion, to edit or modify any Submission (or a component thereof), or to request an entrant to modify or edit his/her Submission (or a component thereof), in order to ensure that the Submission (or a component thereof) complies with these Rules, or for any other reason. If a Submission (or a component thereof) is deemed to be inappropriate, the entrant will receive an email notification from Sponsor indicating that the Submission has not been posted and he/she will have an opportunity to re-submit his or her revised Submission for consideration by the Reviewer. If an entrant has attempted to submit a Submission three (3) times and has been rejected each time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the entrant from participating in the Contest.
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Submission (and each component thereof) in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Submission (or a component thereof). For greater certainty, the Reviewer reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or remove any Submission (or a component thereof), or to request an entrant to modify or edit his or her Submission (or a component thereof), if a complaint is received with respect to the Submission (or a component thereof), or for any other reason. If such an action is necessary during the Contest, then the Sponsor reserves the right, in its sole and absolute discretion, to: (i) remove the Submission from the Contest; or (ii) reset the vote count associated with the Submission to zero (or, to whatever number the Sponsor deems appropriate in its sole and absolute discretion).
4. THE PRIZES AND APPROXIMATE RETAIL VALUES:
Grand Prize A: There will be one (1) Grand Prize A available to be won consisting of One(1) KitchenAid Artisan® Series Stand Mixer 5 Quart, Red MRSP $499.99 and $150 worth of Burnbrae Farms free product coupons and merchandise.
Secondary Prize: There will be one (1) secondary prize available to be won consisting of $150 worth of Burnbrae Farms free product coupons and merchandise.
Third Prize: There will be one (1) third prize consisting of $75 worth of Burnbrae Farms free product coupons and merchandise.
Grand Prize A, the Secondary Prize and the Third Prize (each a “Prize” and collectively, the “Prize(s)”) must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Each Prize will only be awarded to the person whose verifiable full name and valid email address appears on the Entry Form.
5. GRAND PRIZE WINNER SELECTION PROCESS:
JUDGING – 3 Winners
A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each of the top 10 highest voted eligible entries on the basis of the following weighted criteria:
Criteria - Weighting
originality - 25%
creativity - 25%
uniqueness - 25%
content and potential for taste - 25%
Total Score Maximum 100%
Each the top 10 highest voted eligible entries will be given a score (the “Score”) by the Contest Judges. Odds of being selected as an eligible Finalist (defined below) depend on the number and calibre of eligible Entries received in accordance with these Rules. In the event of a tie between two or more eligible Entries based on Score, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on originality will be deemed the winner. In the event there is still a tie between two or more eligible Entries based on the score for originality, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are still tied – with the highest score creativity will be deemed to be the winner. In the event there is still a tie between two or more eligible Entries based on the score for creativity, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are still tied – with the highest score uniqueness will be deemed to be the winner. In the event there is still a tie between two or more eligible Entries based on the score for uniqueness, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are still tied – with the highest score content and potential for taste will be deemed to be the winner. In the event there is still a tie between two or more eligible Entries based on all criteria, there will be a random draw – from amongst all such eligible entrants that are still tied – to determine the winner. Judging is scheduled to be completed on or about December 6, 2013 (the “Selection Date”). The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each winner (using the information provided at the time of entry) within three (3) business days of the end of the Selection Date. If a winner cannot be contacted within three (3) business days of the end of the Selection Date as outlined above, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to be a winner) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate entrant based on the next highest Score to be a winner (in which case the foregoing provisions of this section shall apply to such new winner).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each eligible Prize winner must sign and return within three (3) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) requires him/her to correctly answer a mathematical skill-testing question without mechanical or other aid; (ii) confirms compliance with these Rules; (iii) acknowledges acceptance of the applicable Prize as awarded; and (iv) agrees to release the Releasees from any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof. If an eligible Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the applicable Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate Finalist based on the next highest Final Score to be an eligible winner of the applicable Prize (in which case the foregoing provisions of this section shall apply to such new eligible winner).
6. GENERAL CONDITIONS:
All Entries become the property of the Sponsor. The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Voters, Entries, Votes, Voter Registrations, and/or entrants.
The Releasees will not be liable for: (i) any failure of the Website or Application during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy statement (available at: www.burnbraefarms.com/consumer/privacy.htm), unless the entrant otherwise agrees.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
The 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 Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
7. INTELLECTUAL PROPERTY:
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
8. LANGUAGE DISCREPANCY:
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: Entry Form, Registration Form, Website, Application and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
