THE BIG FEASTIVAL CANADA FALL CONTEST (THE “CONTEST”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (“Facebook”).
SPONSOR: The Sponsor of this Contest is The Big Feastival Canada c/o IMG-Canada, Limited (the “Sponsor”) located at 175 Bloor St. East, Suite 1001, South Tower, Toronto, Ontario, M4W 3R8. This Contest is governed by these official rules (“Official Rules”), a full copy of which is available on our website at canada.thebigfeastival.com/festival-info/contests. By participating in the Contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Contest, as determined by Sponsor and its agents, are final in all respects.
ELIGIBILITY: The Contest is open only to individuals who are legal residents and physically located in the province of Ontario, Canada who have reached the age of majority at the time of entry. Employees, officers, and directors (including immediate family members (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win the Prizes. The “Sponsor Entities” shall mean the its parent, subsidiary, affiliated and related entities, production services, web masters and web suppliers, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
ENTRY PERIOD: The Contest will have one (1) Entry Period, as specifically set forth below. The Entry Period shall begin on or about 10:00 AM ET on September 27, 2017 and end on October 5, 2017 at 11:59 PM ET. The Sponsor reserves the right to extend the Entry Period at any time without further notice.
No other methods of entry will be accepted.
Limit one (1) entry per person. Additional entries beyond the specified limit, and any entries that do not otherwise with these Official Rules, will be void. Sponsor’s designated computer shall be the official timekeeper of the Contest. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.
RANDOM DRAWING AND ODDS: There will be one (1) Grand Prize Winner and twenty-five (25) Secondary Prize Winners selected in this Contest. The potential winners who will receive a Prize from the Contest will be selected by random drawing in a commercially reasonable time following the end of the Entry Period from among all eligible entries received by Sponsor. Subject to verification of eligibility and compliance with the terms of these Official Rules, potential winners will be declared the official winners of the Contest (each, a “Winner”). The decisions of Sponsor are final and binding on all matters relating to this Contest. Odds of winning depend on the total number of eligible entries received by Sponsor during the Entry Period.
WINNER SELECTION: All eligible entries received during the Entry Period will be gathered together into a database at the end of the Entry Period. The potential Winner will be chosen at random from among such pool of entries. The potential Winner will be contacted after the end of the Entry Period, on or about October 7, 2017. Announcement and instructions for obtaining Prize will be sent to the potential Winner via Social Media Platforms. Each entrant is responsible for monitoring his/her account for Prize notification and receipt or other communications related to this Contest. If a potential Winner cannot be reached by Sponsor within twenty-four (24) hours (“Required Response Time”) using the Social Media Platform in which the potential Winner entered that potential Prize Winner shall forfeit the Prize. The potential Winner must also answer correctly, within a five (5) minute time period, a mathematical skill-testing question without the benefit of any calculating devices before the prize will be awarded. Should the potential Winner answer the skill-testing question correctly, the potential winner shall become an Official Winner of the Contest. Upon the request of Sponsor, the potential Winner(s) may be required to return an Affidavit of Eligibility and a Release and Prize Acceptance Form (collectively, “Affidavit”). If a potential Winner fails to comply with these Official Rules, that potential Winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.
NOTIFICATION: A potential Winner will be notified via email by Sponsor (the “Prize Notification”) and will be required to privately (email, or other secure means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential Winner does not respond to any such Prize Notification within the Required Response Time, declines the Prize for any reason a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential Winner may be randomly selected from among all remaining eligible entries. The potential Winner may be required to submit government-issued identification to Sponsor and may be required to execute, have notarized and return an Affidavit. Failure to submit any identification required by Sponsor or to return the required Affidavit documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential Winner to be randomly selected from among all remaining eligible entries. The Sponsor Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
PRIZE: Sponsor will be awarding one (1) “Grand Prize” consisting of: one (1) autographed copy of The Simple Bites Kitchen, a new book by Aimée Wimbush-Bourque, and twenty-five (25) individual Secondary Prizes each “Prize” consisting of: four (4) Canadian Living cloth aprons, plus one (1) Canadian Living Holiday Issue magazine. The total approximate retail value (“ARV”) for the Grand Prize is Thirty-two Canadian Dollars ($32.00 CAD), and the total ARV of each Secondary Prize is Eighty-six Canadian Dollars ($86.00 CAD). Actual retail value of Prize may vary. If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. Reference to third parties in connection with Prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
PRIZE CONDITIONS: Twenty-six (26) Prizes will be awarded. All Prize details shall be determined, in the sole and absolute discretion of Sponsor. No compensation will be paid in lieu of lost or destroyed Prize(s). A Winner is strictly prohibited from auctioning, trading or otherwise transferring his/her Prize unless Sponsor consents in writing. Each Winner is fully responsible for any and all applicable federal, provincial, and local taxes (including income and withholding taxes), relating to his/her Prize, regardless of whether they, in whole or in part, are used. All costs and expenses associated with Prize acceptance and use not specified herein as being provided are the sole responsibility of each Winner. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prizes (or any portion thereof) with prizes of comparable or greater value at its sole and absolute discretion. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Prize. Prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Released Parties will have no further obligation with respect to that Prize or portion of the Prize. No more than the stated number of Prizes will be awarded. The Released Parties are not responsible for and Winner will not receive the difference, if any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material. Limit of one (1) Prize per person.
WAIVER OF MORAL RIGHTS/RELEASE: By entering the Contest and submitting an entry, each entrant waives any moral rights that may be associated with any Contest submission made by entrant and hereby grants to Sponsor a non-exclusive license to publish, display, reproduce, and modify any such submission, and releases in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate Sponsor make any use of any of the rights set forth herein.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an entry, each entrant agrees to: (i) be bound by these Official Rules, including all entry requirements, and (ii) release, discharge, indemnify and hold harmless and waive any and all claims, liability, costs (including attorneys’ fees), losses, damages and fines from and against Sponsor, Facebook and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, web masters and web suppliers, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for: any injury, damage or loss that may occur (up to an including bodily injury and death), directly or indirectly, in whole or in part: (i) from the participation in the Contest (including travel to/from any Contest activity); (ii) from the acceptance, possession, misuse, receipt or use of the Prize(s) (or any portion thereof) or any travel or activity related to the receipt or use of the Prize(s) (or any portion thereof); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Prize(s). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. By entering this Contest, each entrant gives his/her express permission to be contacted by Sponsor by telephone, email and/or postal mail for Contest purposes. Each Winner, by acceptance of his/her Prize, grants to Sponsor and each of its designees the right to publicize the Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, API, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, 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 the Prize(s) or in any Contest-related materials, or the cancellation or postponement of any event. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor and/or its respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties: (i) make no warranty, guaranty or representation of any kind concerning the Prizes (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in their sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner(s) and award the Prize(s) by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or Prizes.
CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail account, the winning entry will be determined by the full name submitted the entry at the time of entry provided he/she is eligible according to these Official Rules. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
As a condition of entering this Contest, each entrant agrees that: (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any Prizes awarded (each, a “Claim”), shall be governed by, and construed, and its performance enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Entrants hereby consent to the exclusive jurisdiction of Ontario for the purposes of resolving any dispute hereunder. Any claim under these Official Rules must be referred for arbitration to ADR Chambers of Toronto Ontario, in accordance with their “Expedited Arbitration Rules”. The arbitrator’s decision shall be final and binding on the Parties hereto, and no appeal may be brought in respect thereof
NAME OF CONTEST WINNER: To obtain a list of the Contest Winners, send a stamped, self-addressed envelope, prior to October 27, 2017, to: “THE BIG FEASTIVAL CANADA FALLCONTEST”, The Big Feastival Canada c/o IMG-Canada, Ltd 175 Bloor St. East, Suite 1001, South Tower, Toronto, Ontario, M4W 3R8 (Attn: Legal Department).
Acceptance of a Prize by a Winner constitutes permission for the Sponsor to use the Winner’s name, address, Prize won, statements made relating to the Contest, and other likeness of the Winner for any and all promotional or business purposes without further compensation, except where prohibited by law.