HOLIDAY CONTEST RULES
1. ELIGIBILITY
1.1 To be eligible for this contest (the "Contest"), an individual must:
a. a legal resident of Canada; and
b. have reached the age of majority in his/her province or territory of residence at the time of entry.
1.2 Those ineligible to enter the contest are:
a. employees, representatives and agents of Saputo Dairy Products Canada G.P., including its affiliates, subsidiaries and related corporations; (collectively the "Sponsor");
b. employees, representatives and agents of the suppliers of Prizes (hereinafter defined) awarded in this Contest;
c. employees, representatives and agents of the Sponsor’s advertising, promotional and media agencies;
d. people involved in the development, production and distribution of materials related to the contest; and
e. the immediate family of any of the aforementioned persons, or persons with whom such persons are domiciled. In these Contest rules "immediate family" means husband, wife, spouse, mother, father, brother, sister, son and daughter, whether or not they reside in the same household.
1.3 The Sponsor has the right to require, at any time, proof of identity, age and/or eligibility of any participant in the Contest (the "Participant") to allow the Participant to enter the Contest. Failure to provide such proof to the Sponsor within five (5) days of the request could result in disqualification, at the Sponsor’s sole discretion.
1.4 All information supplied to the Sponsor for the purpose of this Contest must be truthful, accurate and complete.
2. CONTEST PERIOD
The Contest opens on December 8, 2017 at 9:00 am Eastern time (ET) (the "Contest Opening Date") and closes on December 29, 2017 at 11:59 pm ET (the "Contest Closing Date") (the period between the Contest Opening Date and the Contest Closing Date is the "Contest Period").
3. HOW TO ENTER THE CONTEST
3.1 There is no purchase necessary to enter the Contest. At the start of the Contest Period and once again during the Contest Period, Sponsor will post a Contest post “What is your favourite Alexis de Portneuf cheese?” (the “Contest Post”) on https://www.facebook.com/AlexisdePortneuf/ (the "Contest Facebook Page") which will have a link to these rules at : http://alexisdeportneuf.com/en/holidaycontest. To enter, during the Contest Period, the Participant must read these rules and post an original photo of his/her favourite Alexis de Portneuf cheese (the “Photo”) in the “comment” section of the Contest Post for one (1) entry to the Contest. Any Photo which is not relevant to the Contest Post will be disqualified and not eligible for the Draw (defined below).
The Sponsor may, in its sole discretion, elect to use, in whole or in part, any Photo submitted into this Contest for its own future advertising and/or promotional activities, without notice or compensation and any Participant submitting such Photo forfeits any further copyright or similar claims to same. Each Participant warrants to the Sponsor and its parent and affiliate companies that his/her Photo does not contravene or infringe on anyone else’s copyright or other intellectual property. Photos must not:
a. include the photo or reference to any minor;
b. contain anything that could be defamatory, threatening, or disparaging of any person, place, business, or group, including those associated with the Sponsor;
c. invade the privacy or other rights of any person, firm, or entity;
d. contain/reference (material that is in any way unlawful, in violation of or contrary to all applicable federal, provincial or municipal laws and regulations where the Photo is created;
e. contain/reference material that is inappropriate, indecent (including but not limited to nudity or pornography), profane, obscene, hateful, tortuous, slanderous or libelous; and
f. contain/reference any persons or organizations without their prior express written permission
(collectively the "Photo Conditions").
If necessary, the Photos must be made in a safe and legitimate manner. The Sponsor reserves the right, in its sole discretion, to:
a. remove any Photos which are deemed inappropriate according to the Sponsor; and
b. disqualify any individual who is found:
(i) to be tampering with the entry process or the operation of the Contest;
(ii) to be acting in violation of the Rules; or
(iii) to be acting in an un-sportsmanlike or disruptive manner;
(iv) to be in violation of any of the Photo Conditions specified above; or
(v) to be engaging in any other offensive conduct that jeopardizes the integrity and/or administration of the Contest, which shall be determined at the Sponsor’s sole discretion.
3.2 In order to enter the Contest, the Participant must own a valid Facebook account. Photos from Facebook users with "protected" updates (i.e., user has set their account so that only people the user has approved can view their updates) cannot be accepted for entry into the Contest.
3.3 In the event of a dispute regarding any Photos, the Photo will be declared submitted by the authorized account holder of the Facebook account used at the time of the entry (i.e. the person who is assigned to the Facebook account by Facebook.
3.4 Limit one (1) Photo per Participant and per Facebook account per Contest Period and per Facebook account. If a Participant posts more than Photo limit, only the first Photo that satisfies the requirements of these rules, will be eligible to this Contest. All entries of subsequent Photos will be considered null and void.
3.5 The Sponsor may, at its sole discretion, disqualify any Participant who are in violation of these rules in respect of Photos limits.
3.6 Use of any automated system to post a Photo is prohibited and will result in disqualification of the Participant. The Participant must post the Photo in his/her own name and a proxy cannot be given to this effect, failing which the Participant will be disqualified.
4. PRIZE
4.1 Prize
4.1.1 Four (4) prizes shall be awarded during this Contest, each consisting of one (1) Alexis de Portneuf cooler, five (5) Alexis de Portneuf branded cheeses, and one (1) Alexis de Portneuf apron (collectively, a "Prize").<
4.1.2 The approximate retail value of each of the Prizes is ninety-nine dollars in Canadian currency (C$99).
4.1.3 The winner is solely responsible for all other incidental costs and expenses to the enjoyment of the Prize. In no event will the Sponsor be held to award more Prizes than as set out in these rules.
4.2 Awarding of the Prize
The Prize will be couriered to each Winner (hereinafter defined) within thirty (30) days following the receipt of the reception of the response of the Participant to the private message or email transmitted by the Sponsor or the Administrator (defined below) of the Contest, in accordance with paragraph 5.2 of these Contest rules.
5. WINNER SELECTION
5.1 Selected Participants
5.1.1 On December 30, 2017 at 10:00 am ET at the offices of Substance Stratégies, (the "Administrator") located at 1360 Ropery #101, Montréal, QC, H3K 2X3, four (4) Participants (each a "Selected Participant") will be selected by random draw (each a "Draw"), among all the eligible Photos received during the Contest Period as potential winners of a Prize.
5.1.2 The odds of winning depend on the number of eligible Photos received during the Contest Period.
5.2 Requirements to be declared Winner
5.2.1 In order to be declared a Winner (as hereinafter defined), a Participant must comply with the conditions of paragraphs 5.2.2; 5.2.3 et 5.2.4.
5.2.2 Each Selected Participant will be notified by Facebook private message or by email within seven (7) business day of the Draw. To be declared a winner (the "Winner"), each Selected Participant must reply to the private message or to the email from the Sponsor’s representative or the Administrator’s representative within five (5) business days. Otherwise, such Selected Participant will be disqualified from the Contest and will forfeit the Prize. The Sponsor may then, in its sole and absolute discretion, has another Participant selected by random draw in accordance with section 5.1 or cancel awarding the Prize. A new Selected Participant is also subject to disqualification if he/she does not comply with this paragraph.
5.2.3 In order to be declared a winner of a Prize (the “Winner”), each Selected Participant must: (i) complete and sign a Declaration and Release Form (the "Declaration and Release Form") confirming the compliance with the Contest Rules and, as permitted by law, releasing the Sponsor and any other organization associated with the Prize or the Contest and their respective employees from any and all liability for personal injury, accident, loss or damage relating to the Contest, the Prize or the awarding of the Prize; (ii) correctly and individually answer the mathematical skill-testing question included in the Declaration and Release Form; and (iii) return the Declaration and Release Form to the Sponsor before the date indicated in the Declaration and Release form.
5.2.4 If a Selected Participant does not correctly answer the mathematical skill-testing question or if the Declaration and Release Form duly completed and signed receipt by the Selected Participant is not received by the Sponsor or its mandatary prior to the date indicated in the Declaration and Release Form, the Sponsor may, in its sole and absolute discretion, select another Participant by drawing lots among the other valid Photos, in accordance with paragraph 5.1, or annul awarding of the Prize. This new Selected Participant is subject to disqualification if he/she does not comply with this paragraph.
6. GENERAL CONDITIONS
6.1 Each Prize must be accepted as awarded and is not transferable or convertible to cash. No Prize substitution is permitted, except at the Sponsor’s sole and entire discretion. The Sponsor may substitute the Prize, or a part thereof, with a prize of equal or greater value. Any portion of the Prize not accepted by the Winner will be forfeited. The Sponsor will not be responsible if any event results in the cancellation of the Contest or if other factors beyond its reasonable control prevent the Contest or any part thereof from being fulfilled. The Sponsor makes no express or implied warranties of any kind with respect to the safety, appearance or performance of any aspect of the Prize. By accepting the Prize, the Winner acknowledges that the only warranties applicable to any aspect of the Prize, if any, are the warranties provided by the supplier of the Prize to the Sponsor that are transferable and/or the manufacturer’s warranty. In no circumstance whatsoever will the Winner have any recourse against the Sponsor with respect to any element of any Prize or the Contest.
6.2 A Winner is not entitled to the monetary difference between the actual Prize value and the stated approximate value if any.
6.3 Any attempt to damage, the Contest Facebook Page or any website related to the Contest, or the legitimate operation of this Contest is a violation of criminal and civil laws. In such cases, the Sponsor has the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
6.4 No correspondence pertaining to the Contest will be entered into except with each Selected Participant and each Winner.
6.5 Photos are subject to verification and will be declared invalid if they are received outside the Contest Period.
6.6 This Contest is in no way sponsored, endorsed, administered by or associated with Facebook. All Participants acknowledge and agree by entering the Contest that they are providing their information to the Sponsor and not to Facebook. Facebook is completely released of all liability by each Participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook.
7. INDEMNIFICATION BY PARTICIPANT
By entering the Contest, as permitted by law, a Participant:
a. releases the Sponsor and its respective directors, officers, employees, parent companies, subsidiaries, affiliates, partners, suppliers, sponsors and agents from any and all liability for any injury, loss or damage of any kind to the Participant or any other person, including, but not limited to, property, moral or other damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Contest, any breach of these Contest rules, or in any Prize-related activity;
b. agrees to fully indemnify the Sponsor and its directors, officers, employees, parent companies, subsidiaries, affiliates, partners, suppliers, representatives and agents from any and all claims by third parties relating to the Contest, without limitation.
8. CONDUCT
8.1 By entering this Contest, the Participant agrees to be bound by these rules, which are posted throughout the Contest Period as set out above.
8.2 The Sponsor reserves the right, at its sole discretion, to disqualify any Participant it finds to be:
a. violating these Contest rules;
b. tampering or attempting to tamper with the entry process or the operation of the Contest Facebook Page; or
c. acting in an unsportsmanlike, unfairly or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
9. LIMITATION OF LIABILITY
9.1 The Sponsor assumes no responsibility or liability for lost, delayed, destroyed or misdirected Photos, emails or Facebook private messages including for any computer, online, telephone, hardware, software or technical malfunctions that may occur.
9.2 The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest.
9.3 As permitted by law, the Sponsor reserves the right, with the approval of the Régie des alcools, des courses et des jeux (the “Régie”) if required, to cancel, suspend or modify the Contest, should a virus, bug, computer problem, unauthorized human intervention or other cause beyond the Sponsor’s control, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest.
10. RELEASE / PRIVACY / USE OF PARTICIPANT PROVIDED INFORMATION
10.1 By entering this Contest, the Participant agrees to the Sponsor’s use of his/her personal information for the purposes of administering the Contest and awarding the Prize and acknowledge that his/her personal information will not be provided to any third parties, other than as provided for in these rules.
10.2 The Participant accepts that his name, profile picture and public information included in his Facebook profile shall be collected by the Sponsor.
10.3 By accepting the Prize, the Winner grants the Sponsor permission to use his/her name, address, photograph, likeness, voice, Photo, and/or biographical information for publicity and promotional purpose without further compensation unless prohibited by law.
11. INTELLECTUAL PROPERTY
All intellectual property and all of the promotional materials, web pages and source code are owned by the Sponsor and/or its affiliates. All rights are reserved. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited. SAPUTO is a registered trademark owned by Saputo Dairy Products Canada G.P.
12. LAWS
These are official Contest rules. This Contest is subject to federal, provincial and municipal laws and regulations. Void where prohibited. Subject to the approval of the Régie if required, these Contest 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.
13. RESIDENTS OF THE PROVINCE OF QUEBEC
Any litigation respecting the conduct or organization of the Contest may be submitted to the Régie des alcools, des courses et des jeux (the "Régie") 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.
14. POSTING OF WINNERS’ NAMES
Within thirty (30) days of the Draw, the Sponsor shall post the Winners’ names on the Contest Facebook Page at https://www.facebook.com/AlexisdePortneuf/ and at http://alexisdeportneuf.com/en/holidaycontest and http://alexisdeportneuf.com/fr-CA/concoursfetes. This information shall stay on the Contest Facebook Page for a period of at least thirty (30) days.
