THIS CONTEST IS OPEN TO ALL CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW
By taking part in this Contest you accept and agree to be legally bound by these Contest official rules (“Official Rules”) and agree that all decisions of Sponsor are final and binding. These Official Rules apply only to this Contest and not to any other promotions, contests, or sweepstakes sponsored by Dr. Oetker Canada Ltd. The Official Rules are available at www.oetker.ca throughout the Contest Period.
SPONSOR: This Contest is sponsored by Dr. Oetker Canada Ltd., 2229 Drew Road, Mississauga, ON L5S 1E5, Canada (“Dr. Oetker” or “Sponsor”).
CONTEST PERIOD: The Dr. Oetker Mug Cake Contest (the “Contest”) (i) begins on June 29th, 2018 at 9:00 AM Eastern Time (“ET”) and ends on July 12th, 2018 at 11:59 PM Eastern Time (the “Contest Period”).
ELIGIBILITY: Contest is open to all residents of Canada, including residents of Quebec, who have reached the age 18 at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Dr. Oetker Canada Ltd., their governors, parent companies, subsidiaries, affiliates, distributors, prize suppliers, advertising/promotion agencies, sponsors/advertisers, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”).
HOW TO ENTER: NO PURCHASE NECESSARY. To enter, participants must have internet access and a valid Facebook or Instagram account to enter the Contest. To receive one (1) entry into the Contest, during the Contest Period follow the specified instructions to “LIKE” and “COMMENT” on the Contest Entry Post on either Facebook, Instagram or both. Posts must not infringe upon any person’s personal or proprietary rights, or be offensive, obscene, profane, libelous, threatening, harassing, derogatory or otherwise in bad taste. If you choose to participate using your mobile phone, standard data fees may apply. See your wireless provider for pricing plan details. Void where prohibited by law.
LIMITS AND VERIFICATION: All Entries and any other information submitted in connection with this Contest (collectively, “Contest-Related Information”) and entrants are subject to verification at any time and for any reason. Void where prohibited by law. Limit one (1) entry per platform (Facebook and Instagram) per person using only one (1) Instagram and/or one (1) Facebook account throughout the Entry Period. Entry requests generated by script, macro or other automated or improper means are void. Any attempt by any participant to enter more than once by using multiple/different accounts, identities or logins, or any other method will void that participant’s entry and that participant may be disqualified. Each entry is subject to verification at any time and for any reason. The Sponsors reserve the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsors – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an entry for the purposes of this Contest; and/or (iii) for any other reason the Sponsors deems necessary, in their sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsors within the time frame specified by the Sponsors may result in disqualification in the sole and absolute discretion of the Sponsors. The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s).
WINNER CRITERIA: As the Contest winners are selected by random draw, the odds of winning depend on the number of eligible entries submitted and received during the Contest Period in accordance with these Rules.
SUBMISSION REQUIREMENTS: By submitting an entry, you agree that the entry complies with all conditions stated in these Rules. The Released Parties will bear no liability whatsoever regarding: (i) the use of your entry (ii) your participation in any contest-related activities; (iii) any use, collection, storage and disclosure of your personal information except as otherwise provided herein; and/or (iv) if declared the winner, the prize (including any use or misuse of the prize). The Released Parties shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these Rules. This release and indemnity shall continue in force following the termination of the Contest and/or awarding of the Prize.
PRIZE: There are a total of ten (10) prizes available to be won. Five (5) prizes are available to entrants through Instagram and five (5) prizes are available to entrants through Facebook. Consumers cannot win a prize through both Instagram and Facebook. Each prize consists of • Key Chain with Tassel • Calligraphy Picture Frame • Face Mask • Itunes Gift Card values at $10.00 CAD • Cupcake-scented candle • “I made you a Mug Cake” t-shirt • Throw blanket • Mug Cake mug • “Mean Muggin’” cake spoon • Mug Cake mini whisk • Dr. Oetker Shirriff Mug Cake in Chocolate flavor • Dr. Oetker Shirriff Mug Cake in French Vanilla flavor
The total prize value of each prize is approximately $182 CAD.
PRIZE CONDITIONS: The Sponsors reserve the right at any time to place reasonable restrictions on the availability or use of any of the Prizes or any component thereof. By accepting any of the Prizes, the potential Prize winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part. The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsors in their sole and absolute discretion). No substitutions except at Sponsors’ option. Sponsors reserve the right, in their sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsors’ sole and absolute discretion, a cash award.
WINNER SELECTION PROCESS: On July 13th, 2018, ten (10) potential winners will be selected in a random draw occurring on or about 1:00:00 PM EST from among all eligible entries received during the Entry Period in accordance with these Official Rules. If a selected entry does not comply with these Official Rules, then another entry may be selected in accordance with these Official Rules.
SELECTED ENTRANT NOTIFICATION: The Sponsors or their designated representative will make a minimum of three (3) attempts to contact the selected entrant via direct message or other means on Facebook or Instagram. If a selected entrant cannot be contacted within five (5) business days of his/her selection, then he/she may, in the sole and absolute discretion of the Sponsors, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsors reserve the right, in their sole and absolute discretion and time permitting, to select an alternate Registered User by random draw.
WINNER CONFIRMATION: BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the selected entrant must first: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and submit within five (5) business days of receipt the Sponsors’ declaration and release form along with a copy of a government issued identification card containing a photo, as applicable, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with the Contest, the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsors or Sponsors’ designee(s) in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents and release within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsors in their sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsors reserve the right, in their sole and absolute discretion and time permitting, to select an alternate eligible entrant from among the remaining eligible entries submitted and received during the Contest Period in accordance with the Rules (in which case the foregoing provisions of this section shall apply to such newly selected entrant).
APPLICABLE LAWS: This Contest is subject to all applicable federal, provincial and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between the entrant and the Sponsors 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. Any litigation must be commenced in the City of Toronto, Ontario.
GENERAL CONDITIONS: All entries become the property of the Sponsors or the Sponsors’ designee(s). The decisions of the Sponsors with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
The Contest may be withdrawn without prior notice. Released Parties (as defined below) are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, or undelivered entries, likes, comments, posts or correspondence, incorrect, changed or non-functioning Facebook, Twitter or Instagram accounts; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, printer errors, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer errors of any kind whether human, mechanical, electronic, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, likes, comments or posts, or in any Contest-related materials. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer or printer related to or resulting from participating in this Contest or downloading materials from or use of any website. Proof of entry will not be deemed to be proof of receipt. Persons who tamper with or abuse any aspect of the Contest, as solely determined by Sponsor, will be disqualified. Should any portion of the Contest be, in Sponsor’ sole opinion, compromised by bugs, virus, worms, non-authorized human intervention or other causes, which, in the sole opinion of Sponsor, corrupt or impair the administration, security or fairness of, or submission of information in connection with, the Contest, Sponsor reserves the right at its sole discretion to cancel, suspend, modify or terminate the Contest and, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken. By participating, you agree (i) to be bound by these Official Rules and the decisions of Sponsor which are final and binding, and (ii) to release and hold harmless Sponsor and its direct and indirect subsidiaries and affiliates, and Facebook and each of their subsidiaries, affiliates, retailers, and advertising and promotion agencies and all of their respective officers, directors, employees and agents (the “Released Parties”) against any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from participation in this Promotion or acceptance, use or misuse of any prize. The Contest is subject to all applicable federal, provincial and municipal laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and the Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws applicable in the province of Ontario. In the event that the laws of the jurisdiction in which you reside require that the laws of such jurisdiction apply to these Official Rules, the foregoing governing law shall not apply to you. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram; all are 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, Twitter or Instagram.
PRIVACY: By entering this Contest, each entrant expressly consents to the Sponsors, their agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the Contest and in accordance with Sponsors’ privacy policies as applicable (http://www.oetker.ca/ca-en/footer/pri-vacy.html). This section does not limit any other consent(s) that an individual may provide the Sponsors or others in relation to the collection, use and/or disclosure of their personal information. 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, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by law.