Tim Hortons® Duelling Donuts Contest 2015 (the “Contest”) Contest Rules (the “Rules”)
Created April 20, 2015
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED.
The Contest is limited to residents of Canada. To be eligible to play the Donut Submission portion of the Contest, the entrant must be of age of majority within their jurisdiction of residence (19 years of age in BC, NB, NL, NT, NS, NU and YT and 18 years of age in all other provinces), to be eligible to play to the Vote Daily Draw portion of the Contest the entrant must be at least 13 years of age. Employees, contractors, directors and officers of Tim Hortons Advertising and Promotion Fund (Canada) Inc. (“Sponsor”), its parent, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and household of each such employee are not eligible to participate.
- Contest Period:
The Contest starts June 24, 2015 at 12:00:00 a.m. EST/EDT (“Contest Open Date”) and ends on April 30, 2016 at 11:59:59 p.m. EST/EDT (“Contest Close Date”), (“Contest Period”). Only Entries, as defined below, which comply with these Rules (as determined by the Sponsor in its sole discretion) will be eligible for entry into the Contest.
How to Enter:
Enter the Donut Submission portion of the Contest by going to www.duellingdonuts.ca or www.combatdesbeignes.ca or TimHortons.com/DuellingDonuts or TimHortons.com/Combatdesbeignes (“Website”) during the Donut Submission Phase Dates, as defined below, and:
- Follow the instructions to create your donut design. You will be required to read and agree to these Rules;
- Supply your name and information in accordance with the website directions;
- Provide a donut name (“Donut Name”), a maximum of 50-characters, a family crest name (“Family Crest Name”), also a maximum of 20-characters and an essay, a maximum of 255-characters, explaining the donut name and the donut’s marketability (“Tell Us About Your Recipe”);
- Select from the ingredients listed on the Website or enter a different ingredient in the “Other” field. Note that you shall not list any trademarks in the Other field other than Nutella®, OREO, CRISPY CRUNCH, CADBURY DAIRY MILK, CADBURY BUTTONS, HERSHEYS COOKIES ‘N’ CRÈME, SKOR, ALLANS, REESE and OH HENRY!. Sponsor reserves the right, in their discretion, to replace any trademarked ingredients at any time with any other ingredient, or to disqualify the Entry.
- Ensure that all entry steps listed herein are completed and all elements comply with these Rules including the Guidelines and Restrictions. (each a “Donut Submission”).
Each complete unique Donut Submission qualifies as one Entry into the Contest and specifically, the Donut Submission phase of the Contest. The Donut Submission phase opens June 24, 2015 at 12:00:00 a.m. EST/EDT and closes on July 21, 2015 at 11:59:59 p.m. EST/EDT (the “Entry Deadline”), the entire period being defined as the “Donut Submission Phase Dates”. Unlimited unique Entries per person/email address per day during the Donut Submission Phase Dates. Each Entry is defined as unique if one (1) ingredient in the Donut Submission is different. Sponsor’s computer is the official time clock for this Contest. Entries become the property of sponsor and none will be returned. Those who do not follow all of the instructions, provide the required information, or abide by these Contest Rules or other instructions of Sponsor may be disqualified.
- Winner Determination and Notification
Donut Submission Competition
Online Donut Submission Phase
At the end of the Donut Submission Phase Dates the Sponsor will select eight (8) Entries from all eligible Entries based on the Judging Criteria, as defined below, and application of the Guidelines and Restrictions as the eight (8) quarter-finalists (“Quarter-Finalists”). All Entries will be judged based following criteria:
- Up to 20 points will be awarded for your donut creation overall (e.g., the idea, creativity, originality);
- Up to 10 points will be awarded for your Donut Name;
- Up to 30 points will be awarded for the Tell Us About Your Recipe (e.g., how compelling the story is);
- Up to 40 points will be awarded for marketability. (collectively, the “Judging Criteria”)
In the event of a tie, the tie breaker will be based upon the highest score in the marketability criteria (d) outlined above, continuing thereafter to each criteria in order of highest weighting, as needed, to break the tie. The decisions of the judges are final and binding in all judging matters relating to this Contest.
Live Judging Phase
The eight (8) Quarter-Finalists shall be invited to Oakville, Ontario, Canada to participate in the live judging phase (“Live Judging Phase”). The judging event (“Live Judging Event”) will take place on Wednesday August 12, 2015 and the Quarter-Finalists must be available to be in Oakville on Tuesday August 11, 2015 and Wednesday August 12, 2015. An inability to attend the Oakville Live Judging Phase will result in a forfeit of a Quarter-Finalist position.
The Quarter-Finalists will be notified that they have been selected to proceed to the Live Judging Phase via email by the Administrator on or around Friday July 31, 2015. The Quarter-Finalists will be required to complete and return a release within one (1) business day. In the event that a Quarter-Finalist cannot be contacted within one (1) business day, does not return the signed release within one (1) business day, or is unable or declines the invitation to attend the Live Judging Event, then that Quarter-Finalist will be disqualified, and Sponsor and Administrator shall be fully and completely released and discharged from any liability or responsibility in this regard. Sponsor may, in its sole discretion but is under no obligation to, select the next highest scoring entry from the Contest Phase in which the disqualified Entry was selected.
On the day of the Live Judging Event, Quarter-Finalists will have an opportunity to view and taste their new donut, have their donut photographed, and to meet with the Tim Hortons judges to present. The presentation should be a maximum of 10 minutes long and should feature the entrant explaining why his or her Donut Submission is the best. Each Quarter-Finalist presentation will be filmed, edited and placed online along with their Donut Submission during the Voting Phase, as described in greater detail below.
The Sponsor will arrange and pay for a round trip economy fare for each of the Quarter-Finalists to Toronto Pearson Airport (if the Quarter-Finalist lives more than 200km from Oakville, Ontario, Canada) on August 11, 2015, returning August 12, 2015, one nights’ accommodations in a standard hotel room for the night of August 11, 2015 in Oakville, Ontario, Canada, as well as automotive transportation to the hotel and Live Event location. $400 CDN in spending money will also be provided to each Quarter-Finalist who has been invited and attends the Live Event. Each Quarter-Finalists is entitled to bring one (1) guest to the Live Event, however Tim Hortons shall not cover any of companion’s travel or accommodation expenses. The Quarter-Finalists will be responsible for all expenses not specified herein, including but not limited to the following: travel and medical insurance, ground transportation to and from the winner’s residence to the airport, gratuities, meals, telephone calls, in-room charges, applicable taxes (including Airport Improvement Taxes), incidentals, and any and all other expenses not specified herein.
The Quarter-Finalists must have a valid major credit card to present to the hotel upon check-in. The Quarter-Finalists is responsible for ensuring that all travel papers (passports, etc.) are in good order, and are valid prior to, and for the entire duration of the trip. The Quarter-Finalists will be required to review and sign a travel waiver. Failure to complete and submit the travel waiver to Sponsor prior travel arrangements being made will result in Quarter-Finalist being disqualified.
The maximum approximate retail value of the Quarter-Finalists live judging phase travel and accommodation expenses to Oakville, Ontario is $4,650.00. The Quarter-Finalists trip to the Live Judging Event is above and beyond the contest prizing.
- Round trip airfare for 1 from their home city to Toronto Pearson Airport – maximum of $2,000
- 1 night in a standard hotel room for one guest – maximum of $250.00
- $400.00 in spending money (in the form of AMEX gift cards)
- Ground transportation to and from the live judging event (if airfare is not required) – maximum of $2,000
The Sponsor will select four submissions from all eligible Quarter-Finalist Entries on August 19, 2015 based on the Live Event Judging Criteria which is:
- Taste - Up to 30 points will be awarded for your donut based on taste
- Presentation - Up to 40 points will be awarded for your donut story (e.g., how compelling the story is);
- Innovation - Up to 30 points will be awarded for innovation and marketability.
In the event of a tie, the tie breaker will be based upon the highest score in the presentation criteria (b) outlined above, continuing thereafter to each criteria in order of highest weighting, as needed, to break the tie. The decisions of the judges are final and binding in all judging matters relating to this Contest.
Voting Phase (the “Vote Daily Draw” phase)
Each of the four (4) Semi-Finalist's Entries will be posted on the Website, together with the Semi-Finalist’s name, city and province/territory of residence and edited presentation video from the Live Judging Phase.
Commencing August 19, 2015 at 12:00:00 a.m. EST/EDT and ending August 31, 2015 at 11:59:59 p.m. EST/EDT, the public will be invited to participate in online Voting Phase to vote for their favorite donut design using the online poll available on the Website (each a “Vote”). In order to Vote, the entrant must be of or over the age of 13, and they must complete an entry form on the Duelling Donuts website, including the following fields: Name (first and last), Email, Postal Code and Phone Number. Unlimited number of Votes per person per email address per day during the Voting Phase (for the purposes of this Contest, a “day” is defined as each 24 hour period during the Entry Period beginning at 12:00:00 EST and ending at 11:59:59 pm EST). Online voting will account for one hundred percent (100%) of the overall score. On September 1, 2015, the two Semi-Finalists with the highest score from online voting at the end of this contest phase will each be selected as a Finalist and notified.
On or around March 16th 2016, the two Finalists donut designs will be mass produced and distributed in limited Tim Hortons stores for an approximate five (5) week period, until on or around April 19, 2016, or while quantities last. Sponsor may adjust the In-Store Phase dates, in its sole discretion. On or around March 16th, 2016, the public will be invited to purchase their favourite donut design at reporting Tim Hortons locations (each a “Single Sale”). NOTE: Many Tim Hortons locations are NOT reporting locations and sales of Finalist’s donuts in donut multi-packs shall not be included in total sales figures. Unlimited number of single donut purchases per person per day during the In-Store Phase. In-Store Single Sales will account for one hundred percent (100%) of the overall score (multi-pack sales are not included). On or around April 21, 2016, the one (1) Finalist whose donut design receives the highest number of reported Single Sales during the In-Store Phase will be selected and notified as the Winner (“Winner”).
In the event of a tie, the tie breaker will be based upon the Entry that received the highest number of single unit Sales in the first week (7 days) of the program (on or around March 16th at 12:00am – March 22nd at 11:59pm), continuing thereafter to the second week (7 days) of sales (on or around March 23rd at 12:00am to March 29th at 11:59pm), third week (7days) of sales (on or around March 30th at 12:00am to April 5th at 11:59pm), etc., as needed to break the tie. Any attempt by the Finalist and/or his/her family/friends to vote using any fraudulent mechanism (including hiring third parties), as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify Finalist in Sponsor’s reasonable discretion. The results of the highest Single Sales are final and binding in all matters relating to this Contest. IF, DESPITE REASONABLE EFFORTS BY THE ADMINISTRATOR, ANY POTENTIAL QUARTER-FINALISTS, SEMI-FINALIST, FINALIST OR POTENTIAL WINNER DOES NOT RESPOND WITHIN THE INDICATED TIME OF THE ADMINISTRATOR'S OR THE SPONSOR’S NOTIFICATION ATTEMPT, OR IF A NOTIFICATION TO ANY POTENTIAL FINALIST OR POTENTIAL WINNER IS RETURNED AS UNCLAIMED OR UNDELIVERABLE TO THE ADMINISTRATOR, SUCH FINALIST WILL FORFEIT HIS OR HER OPPORTUNITY TO PARTICIPATE FURTHER IN THE CONTEST, AND THE SPONSOR AND/OR THE ADMINISTRATOR MAY, IN THEIR SOLE DISCRETION, SELECT AN ALTERNATE FINALIST FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED (I.E. THE ELIGIBLE ENTRY WITH THE NEXT HIGHEST RANKING BY THE PANEL OF JUDGES). FURTHER, IF A FINALIST WHO HAS BEEN SELECTED DECLINES TO PARTICIPATE FURTHER IN THE CONTEST, OR IS FOUND TO BE INELIGIBLE, OR HAS NOT COMPLIED WITH THESE OFFICIAL RULES, SUCH FINALIST WILL BE DISQUALIFIED AND THE SPONSOR AND/OR THE ADMINISTRATOR MAY, IN THEIR SOLE DISCRETION, SELECT AN ALTERNATE FINALIST FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED (I.E. THE ELIGIBLE ENTRY WITH THE NEXT HIGHEST RANKING BY THE PANEL OF JUDGES). NEITHER THE ADMINISTRATOR, NOR THE SPONSOR SHALL HAVE ANY LIABILITY FOR ANY FINALIST NOTIFICATION THAT IS NOT RECEIVED BY ANY FINALIST FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LOST OR MISDIRECTED E-MAIL.
- Entry Guidelines:
By submitting your Donut Submission Entry: (i) you agree that your Entry conforms to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that either the Administrator or the Sponsor may remove your Entry and disqualify you from the Contest if it believes, in its sole discretion, that your Entry fails to conform to the Guidelines and Restrictions; and (ii) subject to the foregoing, you consent to the posting of your name, your city and province/territory of residence and Entry on the Website during the Submission Phase, and, if selected as a Finalist in the Contest, during the Voting Phase, and, if selected as the Grand Prize winner of the Contest, for a period of time to be determined by Sponsor in its sole discretion.
Guidelines and Restrictions:
- The Entry must contain a donut design, a Donut Name, a Family Crest Name and a Tell Us About Your Recipe;
- The story must be an original story that has not been published previously;
- The Entrant must complete his/her own Entry or authorize the completion of the Entry on his/her behalf. A person cannot complete or send an Entry on behalf of another person without their authorization;
- Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, plagiarism or that constitutes copyright infringement; Entry must not include third party trademarks except for those listed below: Nutella®, OREO, CRISPY CRUNCH, CADBURY DAIRY MILK, CADBURY BUTTONS, HERSHEYS COOKIES ‘N’ CRÈME, SKOR, ALLANS, REESE and OH HENRY!
- Entry must not disparage Sponsor, the Administrator, or any other person or party affiliated with the promotion and administration of this Contest;
- Entry must not feature competitors of Sponsor;
- Entry cannot be sexually explicit or suggestive, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
- Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot be obscene or offensive, endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging references about Sponsor or its products, or other people, products or companies;
- Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any sensitive personally identifiable information, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Entry cannot contain copyrighted materials owned by others without permission;
- Entry cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than Entrant, without permission;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Entry cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN THE SPONSOR’S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, edit, use, publicly display the donut design, donut name and donut story in any way, in any and all media, without limitation, without consideration and without further notice to the Entrant.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.
By submitting an Entry, Entrants agree that his or her submissions are gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in an Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or further notice to the Entrant. Entrants acknowledge that, by acceptance of his or her submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Entrant.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) and that publication of the donut name, family crest name and/or donut story (Tell Us About Your Recipe) via various media including Web posting, will not infringe on the rights any third party rights. You will indemnify and hold harmless, Sponsor from any claims to the contrary.
All Entrants irrevocably and unconditionally agree that all Entries will become the exclusive property of Sponsor, and they will not be acknowledged or returned. Entrants waive all rights that they may have under any laws or statutes worldwide that concern “moral rights” or “droit moral” in connection with the Entry, unless prohibited by law. Should Sponsor be required to limit the number of Entries accepted during the Contest Period, whether due to technical reasons, lack of Entries or for any other reason, an announcement will be posted on the Website as soon as possible after such election has been made. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries, which will be considered disqualified.
Tim Hortons may produce and sell a donut inspired by the winning donut design at the sole discretion of the Sponsor and its affiliates. Timing of production, availability of the donut and ultimate recipe for the donut will be determined at the sole discretion of Sponsor and its affiliates. By entering, all Entrants irrevocably and unconditionally agree that their donut design, Donut Name, Family Crest Name and donut story (Tell Us About Your Recipe) becomes the exclusive property of the Sponsor. You waive any moral rights you may have in the donut design, donut name, family crest name, donut story (Tell Us About Your Recipe) and Live Judging Phase Video. You agree that Sponsor and its affiliates may produce, distribute and offer for sale a Tim Hortons donut based on any donut design and reproduce and use any Donut Name, Family Crest Name, donut story (Tell Us About Your Recipe) and Live Judging Phase Video at the sole discretion of Sponsor and its affiliates and without any remuneration or further notice to you. The donut design, Donut Name, Family Crest Name, donut story (Tell Us About Your Recipe) and Live Judging Phase Video may be modified and adapted at the sole discretion of Sponsor and its affiliates for the purposes of producing and/or marketing the donut inspired by the Contest. Sponsor and its affiliates are under no obligation to market the winning donut design and you will not now nor in the future be paid a fee or royalty for granting to Sponsor these rights.
- Prizes Available:
The currency of all Tim Card prizes will be in Canadian dollars.
Donut Submission Competition Prizes
- Quarter-Finalist Prizes for those who finish 5th, 6th, 7th, 8th place at the Live Judging Event: a $100.00 Tim Card. ARV of each of the 4 prizes: $100.00.
- Semi-Finalist Prizes for those who finish 3rd and 4th place during the Voting Phase: a $250.00 Tim Card. ARV of each prize: $250.00.
- Finalist who is not selected as the Grand Prize Winner (2nd Place Entrant): a $1,000.00 Tim Card. ARV of each prize: $1,000.00.
- Grand Prize: The Final Winner will receive Ten Thousand Dollars ($10,000.00) CDN paid as a cheque and a $1,000.00 Tim Card. ARV: $11,000.00 CDN.
Daily Draw Prizes during Donut Submission Phase
There are 28 separate daily random draws during the Submission Phase (“Daily Draw”). Each Daily Draw begins at 12:00:00 a.m. ET on each day during the Submission Phase and ends at 11:59:59 p.m. ET on the same day (“Daily Draw Period”). Ballots from one Daily Draw Period will not be rolled into subsequent Daily Draws. Each Entry will automatically receive one (1) ballot into the Daily Drawing for the Daily Draw Period during which it was submitted.
One (1) winner will be selected at random in each Daily Draw by the Administrator from among all ballots received during the corresponding Daily Draw Period for a total of Twenty Eight (28) winners (each a “Daily Draw Winner”). The random drawings will be conducted at or around 2:00 p.m. local time in Saint John, New Brunswick, Canada. Each draw will take place 3 Business Days after the corresponding Daily Draw Period ends.
Odds of winning depend upon the number of eligible Entries received by the time of the draw.
Each Daily Draw Winner will receive a $50 Tim Card.
Total ARV of Daily Draw Prizes (Donut Submission Phase): $1,400.
Daily Draws During Voting Phase
There are 13 separate daily random draws during the Voting Phase (“Voting Daily Draw”). Each Voting Daily Draw begins at 12:00:00 a.m. ET on each day during the Voting Phase and ends at 11:59:59 p.m. ET on the same day (“Voting Daily Draw Period”). Ballots from one Voting Daily Draw Period will not be rolled into subsequent Daily Draws. Each Vote will automatically receive one (1) ballot into the Voting Daily Drawing for the Voting Daily Draw Period during which it was submitted. In order to Vote, the voting entrant must complete an entry form on the Duelling Donuts website, including the following fields: Name (first and last), Email, Postal Code and Phone Number.
One (1) winner will be selected at random in each Voting Daily Draw by the Administrator from among all ballots received during the corresponding Voting Daily Draw Period for a total of thirteen (13) winners (each a “Voting Daily Draw Winner”). The random drawings will be conducted at or around 2:00 p.m. local time in Saint John, New Brunswick, Canada. Each draw will take place 3 Business Days after the corresponding Voting Daily Draw Period ends.
Each Voting Daily Draw Winner will receive a $50 Tim Card.
Odds of winning depend upon the number of eligible Entries received by the time of the draw. Total ARV of Voting Daily Draw Prizes (Voting Phase): $650.00.
Total ARV of all prizes: $14,950. Tim Cards are subject to the terms and conditions set by issuer. Limit one Daily Draw Prize and Voting Draw Prize per entry. Tim Card prizes must be accepted as awarded in the form solely decided upon by Sponsor. No interest will be paid on any Tim Card prize. Tim Cards carry their own terms and conditions (see back of Tim Card).
Prizes are only as detailed above. Prizes must be accepted as awarded and are not convertible to cash. No substitutions or transfers of prizes by winner permitted. Sponsor reserves the right to substitute prizes of equal or greater value, at its sole discretion.
All taxes on prizes are sole responsibility of winner. In order to receive the prize, winner may be required to complete prize claim documentation, including a Declaration & Release before being declared a winner.
Potential Prize winners will be contacted by e-mail within five (5) business days after the selection date using the email address provided at the time of submitting an Entry or voting on a donut duel. Upon notification, the potential Daily Draw winner,will be required to complete, sign and return a Declaration & Release form within five (5) business days after notification. The potential winners will also be required to unaided, correctly answer the mathematical skill testing question contained on the Declaration & Release form before being declared a winner.
Competition potential winner will first be required to unaided, correctly answer a time limited mathematical skill testing question to be administered by phone. Competition potential winner will be required to complete, sign and return a Declaration & Release form within five (5) business days before being declared a winner.
In the event that the potential Daily Draw winner cannot be contacted within five (5) business days, is unable to correctly answer the skill-testing question, or is unable or declines to accept the prize, then that potential winner will forfeit the prize and be disqualified (if applicable) and Sponsor shall have the right to award to the prize to an alternate (i.e. randomly draw another potential winner) from that Contest Phase, and Sponsor and Administrator shall be fully and completely released and discharged from any liability or responsibility in this regard.
The Prize Claim Documents for all prizes shall confirm the Entrant’s: (i) eligibility for the Contest and compliance with these Rules; (ii) acceptance of the Prize or opportunity to compete in the Voting Phase as offered; (iii) release of each of the Sponsor and Administrator and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors, administrators and Tim Hortons franchisees/licensees (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) grant to the Sponsor the unrestricted right, in the Sponsor and its affiliates’ collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the donut design, Donut Name, Family Crest Name Donut Story (Tell Us About Your Recipe), Live Judging Phase Presentation Video and prize winner's name, photograph, likeness, voice, city and province/territory of residence, without compensation or further notice, at any time and from time to time, in any advertising or publicity carried out by the Sponsor or their agents, in any manner of media now known or hereafter devised, unless prohibited by law; and (v) grant to Sponsor of exclusive ownership of the donut design, Donut Name, Donut Story, Pitch Video, waiver of all associated moral rights, grant of rights to produce, distribute and offer for sale a Tim Hortons donut based on the donut design and to reproduce and use the Donut Name, Family Crest Name Donut Story (Tell Us About Your Recipe), Live Judging Phase Presentation Video, at the sole discretion of Sponsor and its affiliates, without any remuneration or further notice, including the right to modify and adapt the Entry at the sole discretion of Sponsor and its affiliates for production and/or marketing purposes, all rights granted with the acknowledgement and agreement that Sponsor and its affiliates are under no obligation to market the winning donut design and you will not now nor in the future be paid a fee or royalty for granting to Sponsor these rights.
- General Conditions:
By participating in this Contest, Entrants agree to be bound by these Rules and all decisions of the Sponsor which are final. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, Administrator, and each of their respective affiliates, subsidiaries, retailers, sales representatives, distributors, Tim Hortons franchisees/licensees and each of their officers, directors, employees and agents (“Releasees”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
BY ACCEPTING QUARTER-FINALIST, SEMI-FINALIST, FINALIST, AND GRAND PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
By submitting an Entry, entrants consent to being contacted by Sponsor for contest-related purposes, which includes but is not limited to prize eligibility notifications.
- Disqualification/Force Majeure:
It is the Entrant's responsibility to ensure that he/she has complied with the conditions contained in these Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof in a form satisfactory to Sponsor may result in disqualification. All personal and other information requested by and supplied to Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Sponsor reserves the right, in its sole discretion, to disqualify any participant should such a participant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. If documents are not returned by the date required, or if a potential winner is found to be ineligible or not in compliance with these Rules, the potential winner’s prize will be forfeited and an alternate potential winner chosen.
A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of an email address. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. If a dispute cannot be resolved to Sponsor's satisfaction, the Entry/ballot will be deemed ineligible. No illegible, incomplete, forged, software generated or other automated entries/ballots will be accepted. Entries/ballots made by any other individual or any entity, and/or originating at any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Sponsor is not responsible for printing or typographical errors in any Contest-related materials, for stolen, lost, late, misdirected, damaged, incomplete, illegible email; or for transactions processed late or incorrectly due to computer or electronic malfunction. With respect to computer entries/ballots, sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures, traffic congestion or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible where a participant is unable to access the Contest on their mobile device, computer or other device. Sponsor assumes no responsibility for any damage to an Entrant's or a third party's computer by participating in this Contest (including but not limited to the corruption/loss/destruction of any information/data stored therein). Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to amend or terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is (i)technically impaired or corrupted or that fraud or technical problems, failures or malfunctions, (ii) the failure of any Entry or “Sale” to be received for any reason, including but not limited to traffic congestion, weather, vendor logistics in-store, (iii) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest, and/or (iv) a combination of the above, have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or any federal, provincial or local government law, order, or regulation, or order of any court or jurisdiction, then Sponsor shall have the right to modify, extend, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will randomly award the prizes from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.
- Governing Law:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of the Entrant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. Venue shall be Oakville, Ontario.
- Entrant’s Personal Information:
- Quebec Residents:
Residents of the Province of Quebec may submit any litigation respecting the conduct of this publicity Contest to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Rules or any Contest materials, the English version shall prevail, govern and control. 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 the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
- Winners List:
A list of Quarter Final, Semi Final, Finalist and Grand Prize winners will be available on the Website.
SPONSOR: Tim Hortons Advertising and Promotion Fund (Canada) Inc., 226 Wyecroft Road, Oakville, ON, L6K 3X7
ADMINISTRATOR: Inmar Promotions – Canada Inc., 661 Millidge Avenue, Saint John, NB E2K2N7