BUTTERBALL X DEMPSTER’S PROMOTION OFFICIAL RULES
THE BUTTERBALL X DEMPSTER’S PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) WHO ARE THE AGE OF MAJORITY AND IS GOVERNED BY CANADIAN LAW. VOID IN QUEBEC AND WHERE PROHIBITED.
Standard data rates apply to individuals who choose to participate in the Promotion via a mobile device. Please contact your service provider for pricing, service plan information and rates before mobile device participation.
1. PROMOTION PERIOD:
The Butterball X Dempster’s Promotion (“Promotion”) begins on July 22, 2022 at 12:00 PM Eastern Time (“ET”) and ends on July 29, 2022 at 11:59 PM ET (the “Promotion Period”).
2. PROMOTION ELIGIBILITY:
The Promotion is open to all legal residents of Canada, excluding residents of the Province of Quebec, who are the age of majority* or older in their province or territory of residence at the time of entry (“Entrant”), except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Exceldor Foods Ltd. (the “Sponsor”), Zeno Group Canada Inc. (the “Administrator”), their respective parent companies, subsidiaries, affiliates, prize suppliers, advertising/Promotion agencies and any other entity involved in the development, production, implementation, administration, judging and/or fulfillment of the Promotion (collectively, the “Releasees”).
*Note: The age of majority is 19 in British Columbia (BC), New Brunswick (NB), Newfoundland (NFLD), Northwest Territories (NWT), Nova Scotia (NS), Nunavut (NU) and Yukon Territories (YK) and 18 in Alberta (AB), Manitoba (MB), Ontario (ON), Prince Edward Island (PEI), and Saskatchewan (SK).
3. AGREEMENT TO BE LEGALLY BOUND BY THESE OFFICIAL RULES:
By participating in this Promotion, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules (the “Rules”).
4. ONE WAY TO ENTER:
Limit one (1) Entry per Entrant for the Promotion Period. Data and message rates may apply. Be sure to consult your wireless provider. Sponsor is not responsible for any charges wireless service provider may charge Entrant.
Entries will not be judged but must adhere to the Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion.
- Entry must be original and any text contained in Entry must be in English.
- Entry must not (and Entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
- Entry must not reference any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor/Administrator’s sole discretion.
- Entry must not include any commercial solicitation or promotional materials, websites, contact information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.).
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s/Administrator’s sole discretion, will be disqualified and may be deleted.
- Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Releasees, or their respective products and services, or other people, products or companies.
- Entry must not contain content that is false, inaccurate or misleading.
By submitting an Entry in this Promotion, Entrant grants Sponsor and all other such persons as Sponsor may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, prepare derivative works of and/or otherwise use the Entry, in any manner, form, format or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of Sponsor, the Promotion, and Sponsor’s products, all without further notice, consent or payment.
Potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the Entry. Multiple Entrants are not permitted to share the same Instagram account. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Instagram accounts, identities, registrations, logins, addresses or through any other methods, may void all of that Entrant’s Entries and that Entrant may be disqualified. Entries generated by script, macro, mechanical or other automated means or by any means which subvert the entry process are void. By commenting to and liking the Post, you agree to these Rules and you agree that Sponsor may, in its sole discretion, use your Entry, proper name and state of residence online and in print, or in any other media, in connection with this Promotion, without payment or compensation to you, except where prohibited by law. All Entries become the sole property of the Sponsor and will not be returned. Each Entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry and his/her Instagram handle or first name and last initial, in any media with right to use, copy, modify, edit, and create derivative works there from, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request. All eligible Entries must adhere to the Official Rules, which can be provided by the Sponsor’s representative for all potential Entrants to review.
5. PROMOTION ENTRY LIMITS If it is discovered by the Sponsor or Administrator (using any information and/or evidence available to the Sponsor and Administrator) that any person has attempted to: (i) obtain more than the stated maximum amounts of Entries as provided in these Rules; and/or (ii) 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 Promotion; then (in the sole and absolute discretion of the Sponsor and Administrator) he/she may be disqualified from the Promotion and all of his/her Entries will be voided. Your initial Entry will be rejected if (in the sole and absolute discretion of the Sponsor and Administrator) the Entry is not received during the Promotion Period. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
6. ENTRY VERIFICATION:
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 compliance with these Rules, including, without limitation, proof of identity and/or eligibility, in a form acceptable to the Sponsor (including, without limitation, government issued photo identification) to participate in this Promotion and/or for any Entry entered (or purportedly entered) to be considered valid for the purposes of this Promotion. Failure to provide such proof to the satisfaction of the Sponsor within the timeframe specified by the Sponsor may result in disqualification (as determined by the Sponsor in its sole and absolute discretion). The sole determinant of the time for the purposes of a valid Entry in this Promotion will be the time indicated by the Promotion server machine(s) (as determined by the Sponsor at its sole and absolute discretion on the basis of its records).
One (1) Prize will be awarded (“Prize”). The Prize consists of: one (1) $100 Butterball Gift Certificate, one (1) $100 worth of Dempster’s Gift Certificates, one (1) Butterball branded cooler, three (3) Dempster’s branded hats, two (2) Dempster’s branded aprons, for a total value of CAD$400.00. The Butterball Gift Certificate is subject to the terms and conditions of this issuer. All characteristics and features of the Prize, unless otherwise explicitly described above, are at the Sponsor’s sole and absolute discretion. The Prize must be accepted as awarded and is not transferable, assignable, or convertible to cash. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize (or a component thereof) with a prize of equal or greater value. Terms and conditions on Gift Certificate apply. The Prize will only be awarded to the person associated with the applicable selected Entry (see below for details).
8. PRIZE RANDOM DRAWING:
A Drawing will be conducted on or about July 29, 2022 (“Draw Date”), to select one (1) Prize winning Entry from among all eligible Entries received during the Promotion Period. Drawing will be conducted by Administrator whose decisions are final on all matters relating to the Drawing. The odds of winning the Prize will depend on the number of eligible Entries received during the Promotion Period.
9. ELIGIBLE WINNER NOTIFICATION:
By entering the Promotion, you specifically consent to be contacted by email or social media by the Sponsor or Administrator for the purpose of administering the Promotion. The Sponsor, or its designated representative, will make a minimum of two (2) attempts to contact the potential Prize winner within one (1) week of the Draw Date. If potential Prize winner cannot be contacted within one (1) week of the Draw Date, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate potential Prize winner from among the remaining eligible Entries (in which case the foregoing provisions of this section shall apply to such new potential Prize winner).
Prize winner will be notified by Sponsor (or Administrator on Sponsor’s behalf) via Instagram Direct message and will be asked to privately provide his/her contact information to the Sponsor/Administrator, including email address and date of birth, in order to confirm his/her eligibility within forty eight (48) hours of notification attempt or prize will be forfeited and an alternate winner will be selected.
10. WINNER CONFIRMATION:
NO ONE IS THE WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON HAS BEEN ANNOUNCED AS THE WINNER OR THE ELIGIBLE WINNER. Before being declared A CONFIRMED PRIZE WINNER: the potential Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may be administered via email).
If the potential Prize winner: (a) fails to correctly answer the skill-testing question and/or (b) cannot or is unwilling to accept the Prize as awarded for any reason, the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate potential Prize winner from among the remaining applicable eligible Entries (in which case the foregoing provisions of this section shall apply to such new potential Prize winner).
11. GENERAL CONDITIONS:
All Entries become the property of the Sponsor. This Promotion is subject to all applicable provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Promotion 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 Promotion, you are agreeing to be legally bound by the terms and conditions of these Rules.
By entering the Promotion, each Entrant hereby fully discharges and releases, and agrees to indemnify and hold harmless the Releasees from any and all claims, demands, actions or causes of action for damages, loss, death or injury, howsoever arising, which each Entrant, his/her heirs, executors and administrators may now or hereinafter have against the Releasees related to, arising out of, or resulting from the Promotion or his/her participation in the Promotion or winning the Prize (if applicable), including all damage, loss and injury which may be sustained by an entrant as aforesaid and all effects and consequences thereof.
The Releasees will not be liable for: (i) any failure of any website; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, social media platforms, access providers, computer equipment or software; (iii) the failure of any Entry to be received or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the Internet, 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 Promotion; 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 holder of the email address associated with Entrant’s Instagram account. “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 email address. An Entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the applicable Entry and, if requested by the Sponsor, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
The Sponsor reserves the right to withdraw, amend or suspend this Promotion 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 Promotion as contemplated by these Rules and in the event of termination or cancellation, the Drawing will be conducted from all eligible Entries received prior to cancellation (if any). Any attempt to deliberately damage any website or to undermine the legitimate operation of this Promotion 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. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
A printed copy of these Rules may be obtained by writing to:
Butterball – Butterball x Dempster’s Promotion Rules
6775 Financial Drive, Suite 101, Mississauga, ON L5N 0A4
12. CHOICE OF LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of participant, Sponsor and the Releases in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
13. WINNER LIST:
For the name of the winner, available after August 5, 2022, send a self-addressed, stamped envelope to: Butterball x Dempster’s Summer Promotion – Winner, c/o Exceldor Foods Ltd., 6775 Financial Dr., Suite 101, Mississauga, ON L5N 0A4.
The Sponsor of the Promotion is Exceldor Foods Ltd., 6775 Financial Dr., Suite 101, Mississauga, ON L5N 0A4.
The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Exceldor Foods Ltd. and not to Instagram.