Contest Rules and Regulations
OFFICIAL CONTEST RULES AND REGULATIONS
NO PURCHASE NECESSARY.
BALDERSON SPREAD THE HOLIDAY CHEER Contest (the “Contest”) is sponsored by Parmalat Canada Inc. (the “Sponsor”). The Contest starts on OCTOBER 1, 2015 at 12:00a.m. Eastern Time (“ET”)(the “Contest Opening Date”).
The Contest closes at 12:00 p.m. ET on JANUARY 31, 2016 (the “Contest Closing Date”). The “Contest Period” runs from the Contest Opening Date to the Contest Closing Date.
The Contest is open to all individuals who are residents of Canada and located in Canada at the time of entry, except individuals residing in the province of Quebec who are under the age of thirteen (13). Subject to the age limitation provided above, entrants who are under the age of majority in their province of residence at the date of entry are still eligible to enter the Contest and win a Prize provided that the parent or legal guardian of the entrant accepts the Prize and the terms and conditions hereof for and on behalf of such entrant and completes the required Declaration and Release Form (as further outlined below). Each entrant who is under the age of majority will be required to provide the contact email address of his/her parent or legal guardian upon entry.
The Contest is not open to the Sponsor or its parent, related and affiliated companies, advertising and promotional agencies or the employees, officers, directors, representatives, agents or assignees thereof (collectively the “Contest Group”), or any persons residing with the Contest Group. By entering the Contest, entrants agree to abide by these Official Rules and all decisions of the Sponsor, which shall be final and binding on all entrants in all matters pertaining to the Contest. The Contest is governed by Canadian law and is subject to all applicable federal, provincial and territorial laws and regulations. The Contest is void where prohibited by law.
2. HOW TO ENTER:
In order to be eligible to participate in the Contest, you must fill out an online entry form on the Balderson Cheese Facebook page at: https://www.facebook.com/pages/Balderson-Cheese/261758450627946 or on the Balderson Cheese Website at : http://baldersoncheese.ca/
Each entrant must complete a three-step process to register and successfully receive one (1) entry into the Contest: To register for the Contest, go to the Facebook or Website at the link indicated above. To participate in this Contest via Facebook, you must be a registered member of Facebook, Inc. Facebook membership is free, but is subject to acceptance of the Facebook terms and conditions of use, which can be found at www.facebook.com/policy.php?ref=pf. You will need to provide the Balderson Cheese with permission to access the basic information in your Facebook account (such as name, user ID) as well as your Facebook “Likes”. Each entrant must “Like” the Balderson Cheese Facebook page. Each entrant must then register to enter the Contest by providing all of the required information (including first name, last name, valid email address, date of birth, etc.).
Each entrant must acknowledge that they have read and agree to be bound by these Official Rules.
Enter by telling us your favourite recipe using Balderson Spreadable Cheddar and you could Win a $500 Gift Voucher to redeem for Balderson Cheese or Gift Basket sent to your home.
Upon completing the above three-step process each entrant will receive one (1) entry into the Contest.
One (1) Prize will be awarded on the basis of the entry considered to have the most merit. One prize will be awarded from the submissions received. The winning entry will be selected on the basis of merit. Those entries considered to offer the most value to other readers or sharing the most interesting use of Balderson Spreadable Cheddar. The decision will be made at the sole discretion of the sponsor. The decision will be made by and at the sole discretion of the Sponsor.
Two (2) attempts will be made to contact the selected entrant via the email address and/or phone number provided on their entry form within a period of twenty-one (21) days following the selection of the quarterly selected entrant by the Sponsor. If the selected entrant cannot be contacted within twenty-one (21) days of the draw, he/she will be disqualified, his or her entry will be declared null and void and another entrant will be randomly selected from the remaining eligible entries until such time as contact is made with a selected entrant or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
Should it be discovered that an entrant is using the aid of computer software programs to auto-fill entries, that entrant will be immediately disqualified from the Contest. The Sponsor reserves the right to disqualify all such entrants from future contests conducted by the Sponsor without further notice.
This Contest is not in any manner sponsored, endorsed, administered by or associated with Facebook. By participating in the Contest, each entrant releases and agrees to indemnify Facebook and hold it harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest related or Prize related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or Prize related activity, whether hosted by Sponsor or a third party.
The Grand Prize may sometimes be referred to herein as the “Prize.”
All Prizes must be accepted as awarded without substitution and are not transferable, refundable, for resale or convertible to cash. If a Prize winner is under the age of majority in their province of residence, the Declaration and Release Form required to claim the Prize must be signed by a parent/legal guardian (as described below). If the selected entrant for a Prize forfeits the Prize, it may be awarded to another entrant or donated to charity, at the sole option of the Sponsor.
The Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without liability.
(i) PRIZES: 1 Prize in total (consisting of $500 Gift Voucher to redeem for Balderson Cheese or Gift Basket sent to winners home). Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor.
4. WINNER SELECTION
The winner of the Grand Prize will be selected at 12:00 p.m. on February 21, 2016 (ET) in Toronto, ON by an independent contest organization from among all eligible entries received by the Contest Closing Date. Two (2) attempts will be made to contact the selected entrant at the email address provided on his/her entry form between 9:00 a.m. and 5:00 p.m. ET during a period of twenty-one (21) days following the draw. If a selected entrant cannot be contacted within twenty-one (21) days, he/she will be considered to have forfeited the Prize and will be disqualified and another entrant will be selected from the remaining eligible entries on the basis of merit, until such time as contact is made with a selected entrant or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
5. CLAIMING YOUR PRIZE
All Prize claims are subject to verification. To be declared a winner, each selected entrant or his/her parent or legal guardian, if the selected entrant is under the age of majority in his/her province of residence must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed by telephone at the number provided during registration for the Contest or email at the email address provided during registration for the Contest. Each selected entrant will also be required to sign a Declaration and Release Form (the “Release Form”) or, if the selected entrant(s) is under the age of majority in his/her province of residence, have his/her parent or legal guardian sign such Release Form on his/her behalf confirming compliance with the Official Rules, acceptance of the Prize as awarded, without substitution, and releasing the Sponsor, the Contest Group, the independent contest organization and each of their respective shareholders, directors, officers, employees, agents, representatives, parents, subsidiaries, affiliated and related companies, successors and assigns (collectively, the “Released Parties”) from any liability in connection with any Prize or the Contest.
Each selected entrant must return a signed Release Form within Twenty one (21) days of receipt, or he/she will be disqualified from receiving the Prize and another entrant will be selected from the remaining eligible entrants until such time as a winner is chosen or there are no more eligible entrants, whichever comes first. The Sponsor will contact each Prize winner within Twenty one (21) days of receiving his/her signed Release Form to arrange delivery of the Prize.
The refusal by any potential winner to accept a Prize (or any portion thereof) releases and forever discharges the Released Parties of all obligations related to the Prize, including delivery. If a potential winner is found to be ineligible, declines to accept the Prize, or in the event that the Prize confirmation or Prize itself is returned undeliverable, the Prize will be forfeited and an alternative eligible entrant may be randomly selected from the remaining eligible entries at Sponsor’s sole discretion.
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Sponsor regarding the Contest, these rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials including, but not limited to, the Registration Form, point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
6. By submitting an entry into this Contest, each entrant confirms his or her understanding of and compliance with these Official Rules. Each entrant hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The entrant agrees to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
Limitation of Liability
7. Incomplete entries, damaged entries, illegible entries or entries received after the Contest Closing Date will not be accepted. The Released Parties take no responsibility for lost, stolen, misdirected, damaged, illegible or late entries which for any reason are not received before the Contest Closing Date, or for printing, distribution or production errors.
8. None of the Released Parties assumes any responsibility for any problems or technical malfunctions of any telephone network or lines, unavailable network connections, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications (regardless of whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest), human error in the processing of entries in this Contest, computer online systems or servers, computer software problems, traffic congestion on the Internet or at any website, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of any prize or in any Contest-related materials; and (iii) damage to an entrant’s or any person’s computer or for breaches of privacy due to interference by third party computer “hackers” arising as a result of participating in this Contest.
9. None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an entrant’s or any other person’s computer equipment resulting from an entrant’s attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Furthermore, none of the Released Parties assumes any liability for any additional aspects of the Contest.
10. All entries are the property of the Sponsor and none shall be returned. All decisions regarding the Contest remain with the Sponsor. In addition, the Sponsor reserves the right, in its sole discretion, subject to the approval of the Régie des alcools, des courses et des jeux (the “RACJ”), to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
11. The Sponsor reserves the right, in its sole discretion, to disqualify any individual that it finds to be in violation of these Official Rules. The Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying entrants from this and future Sponsor contests. In its sole determination, the Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated entries. The Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of Sponsor corrupt the security, proper play or administration of the Contest.
12. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the Authorized Account Holder in whose name the email account is registered, provided that person meets all eligibility criteria of this Contest. “Authorized Account Holder” shall mean the natural person assigned to an email address and/or telephone number, by an Internet access provider, online service provider, telephone service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
13. For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the RACJ. Any litigation respecting the awarding of a prize may be submitted to the RACJ only for the purposes of helping the parties reach a settlement.
Privacy and Publicity Rights
14. By accepting a Prize, each selected entrant agrees to allow the Contest Group and/or the Contest Group’s designees the perpetual right to use his/her name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
16. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Official Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations as between an entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario, including procedural provisions, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
In the event of any discrepancy or inconsistency between the English language version and the French language version of the Official Rules, as applicable, the English version shall prevail, govern and control.
BALDERSON SPREAD THE HOLIDAY CHEER are trademarks owned or used under license by Parmalat Canada, Toronto, ON, M9C 5J1. ©2015 Parmalat Canada. All rights reserved.