THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING RESIDENTS OF QUEBEC)
AND IS GOVERNED BY CANADIAN LAW
1. CONTEST PERIOD:
The Contest (the “Contest”) runs from 12:00 p.m. to 1:00 p.m. Eastern Standard Time (“EST”) on May 14, 2015 (the “Contest Period”).
Contest is open to all legal residents of Canada (excluding residents of Quebec) who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the American Peanut Council or the Peanut Bureau of Canada (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers and advertising/promotion agencies (collectively, the “Contest Parties”).
3. HOW TO ENTER:
a. To participate in this Contest, you must have a valid Account. If you do not have an Account, visit www.twitter.com and register in accordance with the enrolment instructions for a free Twitter account. In addition, eligible entrants (see above) must become (and remain for the duration of the Contest Period) a “follower” (the “Follower(s)”) of the official @PeanutsCanada channel (the “Channel”) on Twitter (note: you can un-follow at any time after the Contest). To become a Follower, an eligible entrant must: (i) visit www.twitter.com/peanutscanada; OR (ii) from his/her Twitter home page, click on the “Find People” tab and perform a search for “Peanut Bureau”; AND (iii) click on the “Follow” button corresponding to the Channel.
b. No purchase necessary. During the Contest Period, you can enter the Contest by tweeting (the “Tweet(s)”) to the Channel using your Twitter account. To be eligible, your Tweet must:
i. be in accordance with the specific Submission Requirements listed below in Rule 4;
ii. include the following hashtag — #Nuts4Peanuts (the “Hashtag”);
iii. comply with the Twitter Terms of Service and Twitter Rules available at www.twitter.com; and
iv. conform to Twitter’s (140) character limitation, including the Hashtag (as applicable).
Any Tweet that does not follow the above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest. Limit one entry per person/Account. Although you may continue to participate in the discussion after submitting your Tweet for Contest entry purposes, only the first Tweet received from a particular individual Account which meets all of the requirements specified in Rules 3 and 4 will be eligible. The submission of an entry is solely the responsibility of the entrant. Entries may only be made according to the method described above. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service), are not permitted and will be disqualified.
c. A Tweet will be considered to be void if the Tweet: (i) is not submitted and received during the Contest Period in accordance with these Rules; (ii) does not include the Hashtag (as applicable); (iii) does not conform to Twitter’s (140) character limitation including the Hashtag (as applicable); (iv) does not comply with the Twitter Terms of Service and Twitter Rules; and/or (v) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by Sponsor in its sole and absolute discretion).
d. Standard text messaging and/or data rates apply to Followers who submit a Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
e. Use (or attempted use) of multiple names, identities, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Tweets (all of which are void).
f. All Tweets are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Tweet in this Contest will be the Contest server machine(s).
4. SUBMISSION REQUIREMENTS:
BY SUBMITTING A TWEET, YOU AGREE THAT THE TWEET COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE TWITTER TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY TWEET YOU SUBMIT. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, any Tweet you submit must be unique and original (i.e. you cannot submit the same Tweet more than one time in this Contest and/or copy someone else’s Tweet in whole or in part) and must be written in English only.
By participating in the Contest, each entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that any Tweet he/she submits:
i. is original to him/her and that the entrant has all necessary rights in and to the Tweet to enter the Contest;
ii. does not violate any law;
iii. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
iv. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
By entering the Contest and submitting a Tweet, each entrant: (i) without limiting the Twitter Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Tweet in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Tweet. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any Tweet does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet and/or the associated entrant.
5. THE PRIZES AND APPROXIMATE RETAIL VALUES:
There will be five (5) prizes available to be won, as follows:
Prize Number Available Approximate Retail Value (CAD)
One (1) President’s Choice gift card* 5 $25
*Gift cards are subject to all terms and conditions of the issuer.
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Each Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Account associated with the winning entry. There is a limit of one (1) Prize per person/Account in this Contest. Any and all costs/expenses not specifically included in the Prize description are the sole and absolute responsibility of each confirmed winner. Prizes will be awarded in the order listed above.
6. WINNER SELECTION:
Three (3) eligible Tweets will be selected randomly on May 14, 2015 at approximately 1:30 pm EST in Toronto, Ontario from among all eligible Tweets submitted and received during the Contest Period in accordance with these Contest Rules. The odds of your Tweet being selected will depend on the total number of eligible Tweets submitted and received during the Contest Period in accordance with these Contest Rules.
The Sponsor or its designated representative will make a maximum of 3 attempts within 2 business days following the draw to contact each selected entrant by Twitter (using a personalized direct message to the Account used to submit the Tweet). If a selected entrant cannot be contacted within 3 attempts, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select at random an alternate eligible Tweet that complies with these Rules (in which case the foregoing provisions of this section shall apply to such new selected entrant).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each selected entrant will be required to correctly answer a mathematical skill-testing question without mechanical or other aid. By participating in this Contest and accepting a Prize, each confirmed winner hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Tweet including, without limitation, any claim that his/her Tweet infringes a proprietary interest of any third party; (iv) releases the Releasees from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (v) 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 Sponsor in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; and/or (b) cannot accept his/her applicable Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select at random an alternate eligible Tweet that complies with these Rules (in which case the foregoing provisions of this section shall apply to such new selected entrant).
7. GENERAL CONDITIONS:
By participating in this Contest, each entrant: (i) agrees to be bound by these Rules; (ii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action; and (iii) releases the Releasees from any and all liability in connection with this Contest and his/her participation therein.
The Releasees will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Tweet to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted a Tweet, Tweets will be deemed to have been submitted by the authorized account holder of the Twitter account submitted at the time of entry (as determined in accordance with the official records of Twitter). An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter account associated with the selected Tweet and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor 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 and/or Tweets.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Tweet with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
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: website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.