NATIONAL DOG DAY CONTEST
OFFICIAL CONTEST RULES - CANADA
No purchase necessary to enter or win. Making a purchase will not increase your chances of winning. Void where prohibited. The Contest is open to Canadian residents only and is governed by Canadian law and the laws of the Province of Ontario.
1. CONTEST PERIOD:
The Contest begins on Monday, August 21, 2023 at 8:00 AM Eastern Standard Time (“EST”) and ends on August 26, 2023 at 11:59 AM EST (the “Contest Period”). Only one (1) Entry (defined below) per Social Media Platform (defined below) is permitted per Entrant during the Contest Period. For greater certainty, an Entrant may only use their personal account on each Social Media Platform to enter the Contest.
The Contest is open to residents of Canada who are currently located in Canada and, at the time of entry and if applicable, the awarding of the Prize (defined below), have (i) reached the legal age of majority in their province or territory of residence (an “Entrant”), or (ii) are sixteen (16) years of age or older, but under the legal age of majority in their province/territory of residence (each, a “Minor”) and have permission from their parent/legal guardian who has agreed, on such Minor’s behalf and on their own behalf, that each of them will be bound by these Official Rules and Regulations (the “Official Rules”). Despite the foregoing, employees, representatives or agents of Tim Hortons Advertising and Promotion Fund (Canada) Inc. (the “Sponsor”), its parent, affiliated and related companies, their respective advertising/promotion agencies, the Contest administrators, Tim Hortons franchisees/licensees, the Social Media Platforms, or any other service providers related to the Contest (including any other person living in the same household of such person whether related or not) (collectively, the “Contest Parties”), are not eligible to enter or participate nor win a Prize (defined below) in the Contest. Groups, clubs, organizations, businesses, and commercial/non-commercial entities cannot participate collectively. Entrants must be individuals.
3. HOW TO ENTER:
NO PURCHASE NECESSARY.
There are three (3) methods of entry into the Contest during the Contest Period:
(1) Instagram: To enter the Contest on Instagram, an Entrant must: (i) have a valid account on Instagram; (ii) post astory or a static post on your Instagram account featuring your dog on a Tim Hortons Run (a “Post”); and (iii) tag the post with “#TimsPupRun” (the “Hashtag”) and Tim Hortons using @TimHortons (collectively, an “IGEntry”).
(2) Facebook: To enter the Contest on Facebook, an Entrant must: (i) have a valid account on Facebook; (ii) locate the contest post posted on the Tim Hortons Facebook page (the “Contest Post”); and (iii) comment on the Contest Post and include a photo featuring your dog on a Tim Hortons run (collectively, an “Facebook Entry”).
(3) TikTok: To enter the Contest on TikTok, an Entrant must: (i) have a valid account on TikTok; (ii) post a TikTok Stitch on your TikTok account featuring the original TikTok contest kick off post from Tim Hortons (the “TikTok Stitch”); and (iii) tag the TikTok Stitch with the Hashtag #TimsPupRun and Tim Hortons using @TimHortons (collectively, an “TikTok Entry”).
Each Entrant may enter the Contest using each of the methods provided above for a total limit of three (3) Entries (defined below) into the Contest per Entrant.
An Entry will be considered to be void (and an Entry will not be granted) if the Entry: (i) is incomplete or illegible; (ii) is not submitted and received during the Contest Period in accordance with these Official Rules (including without limitation the Submission Requirements listed below in Rule 4); and/or (iii) does not comply with the Social Media Platforms Terms of Service (as applicable); all as determined by the Sponsor in its sole and absolute discretion.
Standard text messaging and/or data rates may apply to Entrants who submit an Entry or otherwise participate in the Contest via wireless mobile device(s). Please contact your service provider for pricing and service plan information and rates for mobile device participation.
Use (or attempted use) of multiple names, identities, social platform accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt the 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 Entries (all of which are void). Your Entry must remain active and publicly viewable on the Social Media Platform throughout the Contest Period in order to be eligible for the Draw. The Sponsor may not be able to view Entries or otherwise receive Entries or detect participation from Social Media Platform users whose accounts are set to “private” (i.e. where user has set their Instagram, Facebook or TikTok account so that only people who the user has approved can view their posts) due to the way that the Social Media Platforms operate their services. It is each Entrant’s sole responsibility to take all steps required for the Sponsor to be able to detect and view their Entries and to set their applicable Social Media Platform account settings to accept communications from the Sponsor, and to timely check their Social Media Platform account for any direct messages, direct posts, comments or replies (as applicable) from the Sponsor in connection with the administration of the Contest.
All Entries and Entrants 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 including, without limitation, government issued photo identification) to participate in the Contest. Failure to provide such proof to the satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification. The sole determinant of the time for the purposes of the Contest will be the Contest server machine(s). Entries will not be returned or acknowledged. Entries received from a Twitter or Instagram account associated with any organization, company, corporation, partnership or other entity will be void. A Twitter or Instagram account used to participate in the Contest must be a personal, individual account.
4. SUBMISSION REQUIREMENTS:
By submitting an Entry (and each individual component thereof), you warrant and represent that the Entry complies with all conditions stated in these Official Rules, including but not limited to the Social Media Platform Terms of Service. The Releasees will bear no legal liability regarding the use of an Entry you submit. The Releasees shall be indemnified and held harmless by each Entrant from any loss or claim in connection with such Entrant’s violation of, or non-compliance with, these Official Rules.
Without limiting the generality of Rule 3, to be eligible as an Entry in the Contest, such Entry must be unique and original (e.g. an Entrant cannot submit multiple comments or copy someone else’s written text, other than the Hashtag), any written text must be in English or French and such Entry must be submitted by the holder of the Twitter or Instagram account and not by another individual on the Twitter or Instagram account holder’s behalf or by the holder of the Twitter or Instagram account on behalf of another individual.
By participating in the Contest, each Entrant agrees to be legally bound by these Official Rules and by the interpretation of these Official Rules by the Sponsor and further warrants and represents that:
i. the Entry submitted is original to the Entrant and the Entrant has all necessary rights in and to the Entry (including without limitation the Post and any related copy) to submit it in connection with the Contest;
ii. the Entry submitted does not violate any law;
iii. the Entry submitted does not contain any reference to any competitors of the Sponsor;
iv. the Entry submitted does not contain any identifiable third parties trademarks, logos or trade dress owned by others unless consent has been obtained from each such corporation;
v. the Entry submitted is not negative or disparaging of the Sponsor, its products, services or personnel; and
vi. the Entry submitted 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 (including intellectual property rights, personality rights or any other related rights), or give rise to any claims whatsoever; and 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 the Sponsor; any identifiable third party products, trademarks, brands and/or logos, other than those 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: (i) without limiting the Social Media Platform Terms of Service, grants to the Sponsor in perpetuity, a non-exclusive license to publish, display, communicate to the public by telecommunication, make available, reproduce, modify, edit or otherwise use their Entry, in whole or in part, for administering, advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to their Entry in favour of the Releasees; and (iii) agrees to release, indemnify and hold harmless the Contest Parties and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other cause of action that relate in any way to the Entry. 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 Entry if a complaint is received with respect to the Entry, 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 Entry and/or the associated Entrant. If the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Official Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated Entrant. Entries will NOT be judged.
5. ELECTRONIC COMMUNICATIONS:
By submitting an Entry to the Contest as described above, the Entrant (the person who submitted the Entry) agrees to do communicate with the Sponsor electronically and agrees that the act of submitting the Entry to the Contest is a binding form of your electronic signature, which you agree binds you to these Official Rules.
6. THE PRIZE AND ITS APPROXIMATE RETAIL VALUE:
There are a total of thirty (30) Prizes to be won in the Contest, each consisting of two (2) Tim Hortons branded plush dog toys (each a “Prize” and together the “Prizes”). The approximate retail value (ARV) of each Prize $22.00 CND. The total ARV for all the Prizes is $660.00 CDN. For greater certainty and the avoidance of doubt, there is a limit of one (1) Prize per Entry and per Entrant.
Each Prize must be accepted as awarded and it is not transferable, assignable or convertible to cash (except as may be specifically permitted by the Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. The Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at the Sponsor’s sole and absolute discretion, a cash award. A Prize will only be awarded to a person (subject to their compliance with these Official Rules) who is verified as the “authorized account holder” (see below) of the Social Media Platform account used to submit the selected Entry. The Sponsor assumes no responsibility after delivering the Prize, and the winners must assume the risk of loss or damage to their Prize. The Sponsor makes no representations or warranties of any kind regarding the appearance, safety or performance of a Prize. Any and all costs/expenses not specifically included in the Prize description herein are the sole and absolute responsibility of the confirmed Prize winner. The Sponsor reserves the right to change, amend or substitute without notice, any or all aspects of the Prize.
7. WINNER SELECTION:
On August 26, 2023 at 5:00 PM EST (the “Draw Date”), the Sponsor will conduct a random draw at 130 King St W Suite 300, Toronto, ON M5X 2A2, to select thirty (30) potential Prize winners as follows: ten (10) from among all eligible Instagram Entries received during the Contest Period, ten (10) from among all eligible Facebook Entries received during the Contest Period and ten (10) from among all eligible TikTok Entries received during the Contest Period. If a potential Entrant is selected twice, such potential Entrant will not be declared a winner and a new potential winner will be selected in accordance with this rule 7.
8. CONTACTING OF POTENTIAL WINNER:
The Sponsor or its designated representative will send the potential Prize winner individual a direct message to the Twitter or Instagram account from which the selected Entry was submitted on Twitter or Instagram (the “Notification”) within two (2) business days of the Draw Date. The potential Prize winner must respond to the Notification by either direct message or by email (to the email account provided in the direct message) within the forty-eight (48) hours after receiving the Notification by following the instructions provided in the Notification. If the potential Prize winner fails to do so, then they will be disqualified (and will forfeit all rights to the Prize), even if their name or Social Media Platform account may have been publicly announced; forfeited prizes will not be awarded.
9. BEFORE BEING DECLARED THE CONFIRMED PRIZE WINNER, the potential Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return a Prize release within the timelines specified by the Sponsor, pursuant to which the potential Prize winner: (i) confirms compliance with these Official Rules; (iii) provides the Sponsor or its designated agent with their first and last name, complete mailing address including postal code, email address, date of birth and telephone number; (iv) acknowledges acceptance of the Prize as awarded; (v) assigns all intellectual property, including copyright, in and to their Entry (including the Post) and waives their moral rights therein in favour of the Sponsor; (vi) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of their Entry including, without limitation, any claim that the Entry infringes a proprietary interest of any third party; (vii) releases the Releasees from any and all liability in connection with the Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (viii) agrees to the publication, reproduction and/or other use of their name, photograph, 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, worldwide and in perpetuity. If the potential Prize winner fails to correctly answer the skill-testing question, provide the Sponsor with their full contact information, sign and return the Prize release or cannot accept the Prize as awarded for any reason, or otherwise violates these Official Rules (as determined by the Sponsor in its sole and absolute discretion), they will be disqualified and will forfeit all rights to the Prize.
10. GENERAL CONDITIONS:
By participating in the Contest, each Entrant: (i) agrees to be bound by these Official Rules; (ii) agrees to release, indemnify and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other cause of action; and (iii) releases the Releasees from any and all liability in connection with the Contest and their participation therein. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE OFFICIAL RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Releasees will not be liable for: (i) any failure of any website or Social Media Platform during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, social platforms, computer equipment or software; (iii) the failure of any Entry to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website, social platform 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 an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Social Media Platform account used to submit the applicable Entry (as determined in accordance with the official records of Twitter, as applicable). An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that they are the authorized account holder of the Twitter or Instagram account used to submit the applicable Entry and, if applicable, that they have all necessary consents, permissions and/or licenses as required by these Official Rules.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, 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 including, without limitation, any error, problem, computer virus, social platform error, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. 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, with the consent of the Régie, to cancel, amend or suspend this Contest, or to amend these Official 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, and the Sponsor reserves the right, in its sole and absolute discretion, to conduct a random draw from amongst all eligible Entries received.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
The Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of the 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 Entries.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Official 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; French version of these Official Rules, and/or any instructions or interpretations of these Official Rules given by any representative of the Sponsor; the terms and conditions of these English Official Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Sponsor or any of the other the Releases in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, 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. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Official Rules or relating to the Contest.
Tim Hortons Advertising and Promotion Fund (Canada) Inc., 130 King Street West, Suite 300, Toronto, Ontario, M5X 2A2.
© Tim Hortons, 2023