Yogurty’s Pink Velvet Contest – Terms and Conditions
1. PROMOTION DESCRIPTION: Yogurty’s Yogurt Inc. is hosting a Pink Velvet contest (the “Contest”) in which 121 prize winners (“Prize Winner”) will each receive a randomly selected prize (“Prize”) in accordance with the rules of this Contest.
Entry in this Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each contestant and his or her parent or legal guardian if the contestant is an eligible minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Yogurty’s Yogurt Inc., 210 Shields Court, Markham, Ontario, L3R 8V2 (the “Sponsors”), which shall be final and binding with respect to all aspects of the Contest.
Sponsor reserves the right to amend these Terms and Conditions and/or cancel the Contest at its sole discretion.
2. ELIGIBILITY: The Contest is open to Canadian residents only excluding Quebec, aged 13 years and older. Void wherever prohibited by law. Employees of Yogurty’s Yogurt Inc. (“Sponsors”), their respective affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and their immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of Sponsor or Sponsor Affiliates are not eligible. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.
3. CONTEST ENTRY DATES: The Contest starts at 7am EST on September 18, 2014 and ends October 31, 2014 at 11:59pm EST. The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Eastern Time unless expressly noted otherwise.
4. HOW TO ENTER:
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
To enter the Contest with a store receipt, you must: (i) make an in-store purchase of $5 or more before applicable taxes at a full-serve Yogurty’s Froyo store in Canada; (ii) Retain receipt from purchase to reference check number; (iii) visit the online contest page (http://www.yogurtys.com/pinkvelvetcontest/) and complete the form using the receipt number (collectively, an “Entry”). Entries must be submitted in the format(s) accepted. Any Entry that does not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. Each receipt number is limited to 1 online entry. No limit of entries per person.
To enter the Contest with no in-store purchase, you must: (i) request an entry by mailing a postage-paid, self-addressed stamped envelope (a “Request”) bearing sufficient return postage and bearing on its exterior the Participant’s return mailing address (first name, last name, street address, city/town, province/territory, country, and postal code), legibly printed by the participant manually in ink to: Yogurty’s Pink Velvet Contest, Entry Request, 201 Shields Court, Markham, Ontario, L3 R 8V2, Canada). Both the mailing and return addresses on the exterior envelope must be legibly hand-printed in ink and the return address on that exterior envelope MUST be the same as the address which appears on the enclosed self-addressed stamped envelope or the Request will NOT be honoured. Envelopes with no return address on the outside will NOT be honoured. Requests that are sent in business-reply envelopes, that utilize address labels or stickers, that are photocopied, hand-stamped, computer—generated, or otherwise mechanically produced or reproduced, that are not addressed manually in ink, that fail in any way to comply with the requirements set out above in the sub-paragraph, or that are not mailed separately in separate outer envelopes bearing sufficient postage with NOT be honoured. One (1) Entry will be mailed in response to each Request that complies with these requirements. Requests must be postmarked by October 28, 2014 and received at the above address no later than November 5, 2014.
5. CONDITIONS OF ENTRY: Once submitted, Entries cannot be deleted, cancelled or modified. For an Entry to be valid, the submission must be visable to Yogurty’s Yogurt Inc. by November 1, 2014 when the Contest closes.
All Entries must be received by October 31, 2014 11:59 p.m. EST. Contestants can submit multiple entries during this time. Each individual can only win one Prize. Proof of sending or submission will not be deemed to be proof of receipt of any Entry by Sponsor. Entries will be deemed to have been submitted at the time when the entry has been received by Yogurty’s Yogurt Inc.
Contestant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein; (b) contestant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; Sponsor reserves the right to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with Sponsor’s images or if it is determined that the contestant has not otherwise complied with these Official Rules.
6. PRIZES: There are 121 prizes to be won, each a (“Prize”) available to be won.
This contest is brought to you in partnership with Yogen Früz Canada Inc. The prizes listed above will be split between Yogurty’s and Yogen Früz participants.” To visit Yogen Früz’s Pink Velvet Contest page click here.
Prize must be accepted as awarded and may not be substituted, transferred, or redeemed for cash or otherwise. Any other costs or expenses associated with the prizes not specified herein will be the responsibility of the selected winners. In the event of unforeseen circumstances, Sponsor reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into. Prize winner will be solely responsible for all federal, provincial and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules. The total ARV of all of the prizes awarded in this Sweepstakes is <*>.
For clarity, an entrant shall not be allowed to win more than one Prize.
7. DETERMINATION OF WINNER: The winners and their prizes will be randomly selected and paired paired taking into consideration the winners geographic location as based on their in-store purchase (as indicated on their Entry form) or based on return address for no purchase entries and prize availability in that geographic location. The winner will be notified using the information provided during Entry via Email sometime after the close of the competition and by no later than November 30, 2014. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email. The Sponsor is 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. The potential winners shall have seventy-two (72) hours after notification to claim their prize. In addition, the potential winners may be required to agree to an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”). If you are awarded the Prize and are unable to claim the Prize, there is no compensation. The Prize is non-transferable and cannot be redeemed for cash. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of all winners. Decisions of the Sponsor as to the selection of the winners will be final.
8. ODDS: Odds of winning will depend upon the total number of eligible Entries received.
9.TECHNICAL ERRORS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the promotion whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the promotion as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. ANY ATTEMPT TO UNDERMINE THE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
9. ASSIGNMENT OF RIGHTS: Contestant hereby acknowledges that Entry and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, “Work”) is created for the Sponsor and the Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction.
By submitting an Entry, contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.
10. PUBLICITY RELEASE AND ACCESS: Entry constitutes permission (except where prohibited by law) to the Sponsor to use participant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
11. RELEASES: By entering the Contest, contestants agree to release and hold harmless Sponsor from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize , the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the website or Sponsor’s use of any of the rights granted herein. Sponsor assumes no responsibility for the conduct of any contestant or voter or the responses of anyone appearing in any Entry.
12. LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities, including, without limitation, any event attended as part of a prize, and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; any defects in any prize, any inability to use any prize, any damages or loss caused, or claimed to be caused, in whole or in part, directly or indirectly, as a result of acceptance or use of the prize; any lost, late, stolen, misdirected or damaged prizes; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contests.The prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). No express or implied warranties are given and no affirmation of the Sponsor by word and/or inaction will constitute a warranty.
13. SPONSOR: The Sponsors is Yogurty’s Yogurt Inc., addressed at 210 Shields Court, Markham, Ontario, Canada, L3R 8V2
You understand that you are providing your information to Sponsor. The information you provide will only be used in connection with, or relating to, the administration of this Contest and support of the Sponsor social network pages (including, without limitation, any marketing communications you opt-in to receive from Sponsor) and in accordance with these Official Rules.
14. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provisions were not contained herein.15. WAIVER: The Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
16. GENERAL: Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision. Participants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in the Sponsor’s sole and absolute discretion.
17 GOVERNING LAW: The Contest and the Official Rules shall be governed and construed in accordance with the Law of the Province of Ontario, and applicable Federal law. Any dispute shall be subject to the exclusive jurisdiction of the Province of Ontario.