BUTTERBALL X DEMPSTER’S SUMMER GIVEAWAY RULES AND REGULATIONS
BUTTERBALL X DEMPSTER’S SUMMER GIVEAWAY RULES AND REGULATIONS
OFFICIAL RULES AND REGULATIONS
THE BUTTERBALL* X DEMPSTER’S SUMMER GIVEAWAY (THE “PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) 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 Promotion begins on July 29, 2024 at 12:00 PM Eastern Time (“ET”) and ends on August 19, 2024 at 11:59 AM 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 Cooperative (the “Sponsor”), Dempster’s (the “Prize Provider”), 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 “Promotion Parties”).
*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 PROMOTION 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 and Regulations (the “Rules”).
4. ONE WAY TO ENTER:
VIA INSTAGRAM: NO PURCHASE REQUIRED. Winner will be notified via direct message. During the Promotion Period, the Sponsor and the Prize Provider will post a call to action (“Post”) on the Butterball Instagram @Butterball_Ca and Dempster’s Instagram at @dempstersbakery via Instagram Collaborator. Entrant must follow @Butterball_Ca and @dempstersbakery and view the Post and comment who they will be grilling for this weekend, and like the Post to receive one (1) entry (referred to as “Entry” or “Entries”) into the Promotion drawing as indicated in rule 8 (“Drawing”). Entries must be received by 11:59 AM ET on August 19, 2024 in order to be eligible for the Drawing. If you do not have an Instagram account, visit Instagram.com to download the app for free to your mobile device. Your Entry must be uploaded in accordance with the Instagram Terms of Use (http://instagram.com/about/legal/terms/)
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.
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. By entering, you agree to waive any rights you may have to the Entry submitted. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can an Entry defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third-party materials (other than those of Sponsor), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. 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 fully completed with all required information and submitted and 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).
7. PRIZE:
One (1) Prize (“Prize”) will be awarded. The Prize consists of: $100 CAD worth of Butterball Gift Certificates, $100 CAD worth of Dempster’s Coupons, one (1) Butterball X Dempster’s branded cooler (valued at approximately $550) for a total value of CAD $750.00. The Gift Certificates/Coupons are subject to the terms and conditions of the issuers. 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 Prize (or a component thereof) with a prize of equal or greater value. The Prize will only be awarded to the person associated with the applicable selected Entry (see below for details).
8. PRIZE DRAWING:
Drawing will be conducted will be conducted on or about August 23, 2024 (“Draw Date”) from among all eligible Entries received for 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 the 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 and time permitting, 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).
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, 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 A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES, EVEN IF SUCH PERSON HAS BEEN ANNOUNCED AS THE WINNER OR THE ELIGIBLE WINNER. 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 (which may be administered via email), (b) sign and return within seven (7) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize as awarded; (iii) releases Instagram, the Promotion Parties and each of their respective agents, employees, directors, successors, and assignees (collectively, the “Releasees”) from any and all liability in connection with this Promotion, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, voice, statements about the Promotion, 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, including, without limitation, announcing him/her as a confirmed Prize winner on social media channels.
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 Form or 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 ntrant’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 and without prior notice to any other person, 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, Form or Entry 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 Promotion as contemplated in these Rules, or for any other reason. The Sponsor reserves the right to withdraw, amend, cancel 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.
By entering this Promotion, each Entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Form only for the purpose of administering the Promotion and in accordance with Sponsor’s privacy policy (available at: https://www.butterball.ca/en/privacy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules, disclosures or other statements contained in any Promotion-related materials, on any website, Instagram, on any microsite, the terms and conditions of these Rules, govern and control to the fullest extent permitted by law.
A printed copy of these Rules may be obtained by writing to:
Butterball – Butterball x Dempster’s Giveaway 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 Entrant, Sponsor AND the Released Parties 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 27, 2024, send a self-addressed, stamped envelope to: Butterball x Dempster’s Summer Giveaway – Winner, Exceldor Cooperative, 6775 Financial Dr. Suite 101, Mississauga, ON L5N 0A4
14. SPONSOR:
The Sponsor of the Promotion is Exceldor Cooperative, 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 Cooperative and not to Instagram.