YUMMY LUNCH CLUB CONTEST
THESE RULES APPLY TO THE CURRENT YLCKIDS CONTEST AS DESCRIBED ON YUMMYLUNCHCLUB AT WWW.YUMMYLUNCHCLUB.CA (THE “BLOG”). PARENTS AND LEGAL GUARDIANS OF ENTRANTS, PLEASE READ THESE RULES CAREFULLY. BY ENTERING ON YOUR CHILD/LEGAL WARD’S BEHALF, YOU ARE AGREEING TO ALL OF THE TERMS OF THESE CONTEST RULES.
1. CONTEST PERIOD:
From time to time, a new challenge will be posted on the Blog as the current “YLCKIDS Contest” (the “Contest”) and will include details about the deadline for submission of an entry into that Contest. All entries must be received between the time of posting of the new Contest and 5:00 p.m. Eastern Time (“ET”) on the Contest deadline posted on the Blog (the “Contest Period”).
Contest is open to residents of Canada who are between the ages of five (5) and fourteen (14), excluding residents of the Province of Quebec. Employees (and those with whom they are domiciled) of Carol Harrison (the “Sponsor”), and its advertising and promotional agencies, and the contest administrators (collectively the “Contest Parties”), are not eligible to enter. Entrants must obtain the consent of his/her custodial parent or legal guardian to entrant. Entrants who are under the age of thirteen (13) must have his/her custodial parent or legal guardian submit the entry using the parent/guardian’s own Instagram or by completing the submission form as described below.
3. HOW TO ENTER:
NO PURCHASE NECESSARY. For each Contest, instructions will be posted on the Blog (the “Instructions”), including: details on the specific Challenge; what is required to enter (including a Required Hashtag for Instagram entries as described below); the deadline for entry; the number, description and value of the prizes; and, how winner(s) will be selected (as described below).
To participate in the Contest using Instagram, you must have a valid Instagram account. If you do not have an account, visit www.instagram.com and register in accordance with the enrolment instructions for a free Instagram account.
Please note that for entrants who are under the age of thirteen (13), entries must be submitted by your custodial parent or legal guardian using his/her Instagram or email account.
There are two steps required to enter this Contest:
(1) Take a Photograph or Video. First, take a photograph or video, as set out in the Instructions (a “Submission”) that complies with these Official Rules, the Instructions and all of the Submission Requirements below. Only the entrant and his/her parent or legal guardian may be featured in the Submission. Any Submission you submit in this Contest must be taken by you or by someone who has agreed to the terms of this Contest. PLEASE NOTE: Make sure that your Submission does not contain or depict any harmful, dangerous or illegal activity.
(2) Complete and submit the online…Fully complete all of the required fields on the entry form found on the Blog along with the Submission, or post your Submission on Instagram along with the required hashtag as set out in the Instructions (the “Required Hashtag”). For either method of entry, include a brief description of the Submission as described in the Instructions. Entries that include all of the required elements and are posted/received during the Contest Period will be considered “Entries”. All Entries submitted using Instagram must comply with Instagram’s posting requirements.
FOR INSTAGRAM ENTRIES: You must include the Required Hashtag in an Instagram entry to participate. An Entry must be posted and received during the Contest Period and identifiable by and viewable to Sponsor during the Contest Period and at the time of winner selection and prize award for this Contest to be eligible. Sponsor, at its sole discretion, may accept or disqualify an Entry that contains either a technically incorrect Required Hashtag or content that is: (i) superfluous to the required content or (ii) otherwise violates these Official Rules. Entries that are not both actually visible and timely received by Sponsor will not be entered into a Contest. Only Instagram accounts associated with an individual may be used for Entry in this Contest via Instagram; entries received from an Instagram account associated with any organization, company, corporation, partnership or other entity will be void. Sponsor may not be able to view Entries, receive or send messages, or otherwise receive entries or detect participation from Instagram users with “private” updates due to the way Instagram operates its services (i.e., user has set their account(s) so that only people whom the user has approved can view their updates). Sponsor may not be able to communicate with a participant via some of Instagram’s features if participant is not using the latest version of the Instagram app or “follow” or otherwise connect his or her account with Sponsor’s account on Instagram. Participants are not required to “follow” Sponsor on Instagram and may discontinue following Sponsor or having the Instagram account at any time, but doing so may mean that Sponsor cannot receive or provide communications for purposes of administering this Contest, which could result in participant being disqualified or ineligible to win a prize. It is each participant’s sole responsibility to take all steps required for Sponsor to be able to detect and view his or her Entry, to set his or her Instagram account settings to accept communications by Sponsor, and to timely check his or her Instagram account for any direct messages, direct posts, or @Replies (as applicable) from Sponsor. Sponsor is not responsible for changes to the Instagram (or any website or mobile application offered as part of such platform) or its functionality that may interfere with the Contest or ability of a participant to timely enter or otherwise participate at all. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Entry using a search to find eligible entries. Sponsor, at its sole discretion, may accept or disqualify an Entry that is accompanied by a technically incorrect required unique term. Your Entry will appear on your Instagram account feed, may be included by Sponsor within select Sponsor media and may be visible to other users or the public. All use of Instagram in this Contest must comply with the Instagram Terms of Service, available at http://instagram.com/about/legal/terms/.
For purposes of the Contest, an Entry is “received” when the Instagram records your Entry and it is visible to Sponsor. Sponsor’s database clock will be the official timekeeper for this Contest, or, in the case of email entries, when it is received by the Sponsor’s email account. Incorrect and/or incomplete Entries, posts received outside the applicable Contest Period, and/or Entries that contain obscene or offensive content or language or any content or language communicating messages inconsistent with the positive reputation and image with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void.
You may enter as many times as you like but each Submission must be a unique response to the challenge. In addition, a parent or legal guardian can enter on behalf of more than one child/legal ward provided each entry clearly indicates on whose behalf they are entering. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use (or attempt to use) multiple names, identities, email addresses, 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, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Receipt of entries will not be acknowledged or returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, unintelligible, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries made by any other individual or by any entity, or originating at or using any website, including, without limitation, commercial contest/sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.
All Entries are subject to verification at any time and for any reason. 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): (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 entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor.
4. SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR SUBMISSION OR ANY COMPONENT THEREOF. THE RELEASED PARTIES (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.
Your submitted entry must never have been previously selected as a winner in any other contest.
By participating in the Contest, each entrant hereby warrants and represents that his/her Submission:
i. is original to him/her and/or have express permission from the photographer to enter the Submission in the Contest and grant all of the rights granted herein;
ii. does not violate any law, statute, ordinance or regulation;
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, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; sexual activity, or sexual innuendo; crude, vulgar or offensive language or behaviour; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones, depicts 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 services of Sponsor; conduct or other activities in violation of these Official 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 an Entry, each entrant and his/her parent or legal guardian on his/her behalf: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry, 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 Entry in favour of each of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, affiliates, and assigns (collectively, the “Released Parties”) 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 Entry (or any component thereof). For greater certainty, each entrant understands and agrees that his/her Entry post may be reposted on one or more of the Sponsor’s websites, including at www.yummylunchclub.ca and/or the Sponsor’s social media platform feeds, along with the entrant’s first name, age and city/province of residence.
6. PRIZES AND APPROXIMATE RETAIL VALUE:=
The number, description and value of the prizes available to be won in each Contest will be included within the Instructions on the Blog.
Prizes must be accepted as awarded and are 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 of equal or greater value.
7. WINNER SELECTION AND WINNER CONFIRMATION:
There are two ways in which the potential winner(s) may be determined in a Contest. The Instructions as posted on the Blog will clearly indicate which method is being used for the specific Contest. The two methods for winner selection are as follows:
Random Draw: For Contests where potential winner(s) are selected by random draw, a random draw will be conducted in Toronto, ON at 12:00 p.m. ET on the first business day after the conclusion of the Contest Period from amongst all eligible entries received during the Contest Period. If there is more than one prize to be awarded for the Contest, the prizes will be awarded in the order that they are listed on the Blog (i.e. the first entry drawn will be eligible to win the first prize listed, the second entry drawn will be eligible to win the second prize listed, etc.). Odds of winning will depend upon the number of eligible entries received.
Judged Contests: For Contests where potential winner(s) are selected by judging, representative(s) of the Sponsor will judge each eligible entry Submission based upon the following criteria and relative weighing:
1. Creativity 34%
2. Appropriateness to Theme 33%
3. Originality 33%
Total Score Maximum 100%
Each Entry will be given a score (the “Score”) by the Contest judge(s). Odds of being selected as the eligible winner of a prize will depend on the number and calibre of eligible Submissions received. The eligible entrant associated with the top eligible Submission based on total Score (as determined by the Contest judge(s), in their sole and absolute discretion) will be selected as the eligible winner of the prize. If more than one prize is available to be won, the entrant associated with the top Score will be eligible to win the first place prize, the entrant associates with the second highest Score will be eligible to win the second place prize, and so on. The ranking of prizes will be included within the Instructions on the Blog. In the event of a tie between two or more eligible Submissions based on Score, a random draw will be conducted from amongst all such eligible Submissions that are tied.
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the selected entrant must first correctly answer a mathematical skill-testing question, without aid or assistance, and have his/her parent or legal guardian sign a written release form confirming compliance with the Official Rules, acceptance of prize awarded and a publicity and liability release. By participating in this Contest and accepting a prize, each Prize winner and his/her parent or legal guardian releases the Sponsor, its advertising and promotional agencies, and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns from any liability in connection with the Contest, his/her participation therein and/or the awarding and use/misuse of the prize or any portion thereof.
8. CONTACTING POTENTIAL WINNERS
Within approximately five (5) business days of winner selection for each prize, Sponsor or its designee will attempt to notify the potential winner by sending a direct message to the Instagram account or email address (as applicable) used by entrant or his/her parent or legal guardian (as applicable) to enter the Contest.
Sponsor reserves the right at its soles discretion to use a different feature on Instagram for notification for any reason, including, without limitation by posting a comment on the potentially-winning Entry or elsewhere. Each participant is required as a condition of entry to follow any and all requirements in any notification by Sponsor in order to be eligible to win.
9. GENERAL CONDITIONS:
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 Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Official Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE OFFICIAL 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 online sites or applications 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 Entry, email, notification, comment, direct message or prize claim form to be received, captured or recorded for any reason, 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.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Instagram account or email account submitted at the time of participation. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted social/email account. The entrant or parent/legal guardian of an entrant (as applicable) 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 email address associated with the Entry in question and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Official Rules.
The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Official 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 Official 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 to cancel, amend or suspend a Contest, or to amend these Official Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
CONDITIONS AND LIMITS OF LIABILITY: As a condition of participating in a Contest, each entrant agrees, to the fullest extent permissible by law: (1) under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses as set forth in subsection 3 below, and any and all rights to have damages multiplied or otherwise increased; (2) this Contest is governed by the laws of the Province of Ontario, and the laws of Canada applicable therein without regard to its conflicts of law principles and any and all disputes, claims and 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 exclusively before a court of competent jurisdiction located within the city of Toronto; and, (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in participating in this Contest and in no event will participant be entitled to receive legal fees, or any other costs; and (4) participant shall be bound by these Official Rules.
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 the Instructions or in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant, Entry, with these Official 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 Official Rules, or for any other reason.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC. (“INSTAGRAM”). YOU UNDERSTAND THAT YOU ARE PROVIDING ANY INFORMATION RELATED TO ACCEPTING A PRIZE TO THE SPONSOR AND NOT TO INSTAGRAM. THE INFORMATION YOU PROVIDE WILL ONLY BE USED TO ADMINISTER THE CONTEST. INSTAGRAM IS COMPLETELY RELEASED OF ALL LIABILITY BY EACH ENTRANT IN THIS CONTEST. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE CONTEST MUST BE DIRECTED TO THE SPONSOR AND NOT INSTAGRAM.