LUNCHMATE
CITY
OFFICIAL TERMS & CONDITIONS (the “Conditions”)
General
a. LUNCHMATE CITY is an online reward program (the “Program”) sponsored by Maple Leaf Foods Inc. (“MLF”) in which a Participant (see below) becomes a Citizen (a “Citizen”) of Lunchmate City and collects Lunchmate virtual dollars (“Bucks”) to have available to redeem for rewards (each, a “Reward”) offered by MLF under the Program. In these Conditions, the term “MLF” includes any representative of MLF where the context of these Conditions so permits or requires.
b. A person must be a Canadian resident, 9 years of age or older (13 years of age or older in the Province of Quebec), to participate in the Program. In these Conditions, a person who participates in the Program is called a “Participant”. For eligibility details, see paragraph 4. below.
c. The Program is planned to expire December 31, 2011 (the “Planned Termination Date”). However, Participants will have until June 30, 2012 to redeem their Bucks accumulated up to the Planned Termination Date, after which date all Bucks will expire and have no redemption or other value. In these Conditions, the period during which the Program is in effect is called the “Term”.
d. Notwithstanding the Planned Termination Date, MLF, at any time and in its sole discretion and without notice, may extend the Program beyond the Planned Termination Date, or may amend, modify, suspend or terminate the Program.
e. MLF may restrict, suspend or otherwise alter any aspect of the Program, and may amend these Conditions, at any time, without notice. At all times during the Term, the then-current version of these Conditions will be available on the website www.lunchmatecity.com (the “Website”). Participants are responsible for keeping themselves informed of changes to the Conditions.
f. Upon suspension, restriction, amendment or termination of the Program, MLF will not be liable for any accumulated Bucks and, by participating in the Program, all Participants release MLF from all claims in respect of any such suspension, restriction, amendment or termination of the Program and in respect of the forfeiture of Bucks, redemptions or otherwise flowing or resulting from any such suspension, restriction, amendment or termination.
The Program’s Specific Conditions
1. GENERAL: Subject to these Conditions, during the Term, Lunchmate Bucks are found on specially marked packages (each, a “Package”) of Schneiders Lunchmate and Schneiders SmartSnax products. A 16-character code (a “Code”) is included with each Package (either printed on the inside of, or inserted into, the Package). During the Term, a Participant can log onto the Website and then follow the instructions on the Website to register to become a Citizen of Lunchmate City. A Citizen can then select a user name and password establishing a virtual bank account (a “Bank Account”) into which the Citizen can ‘deposit’ Lunchmate Bucks by entering a Code into the virtual teller machine (the “ATM”) on the Website. A Citizen’s Bank Account keeps an up-to-date record of the number of Bucks which that Citizen has deposited into his/her Bank Account and of withdrawals of Bucks made by the Citizen from his/her Bank Account in accordance with these Conditions. A Citizen may only enter a Code once and each Code has a specific number of Bucks associated with it. Each Code from a Lunchmate Stacker Package, Lunchmate Combo Package, Lunchmate Kit Package or SmartSnax Package is valid for five (5) Bucks. If, at MLF’S sole discretion, MLF chooses to include any Bucks on other Packages or on promotional materials, those Codes will be valid for the number of Bucks assigned to those Codes from time to time during the Promotion. The number of Bucks assigned to a Code are subject to change at any time in MLF’s sole discretion and, as is noted below, the Rewards available under the Program are subject to change at any time in MLF’s sole discretion. Please refer to the corresponding marketing materials for details.
2. HOW TO REDEEM BUCKS FOR A REWARD: A Citizen can deposit and accumulate Bucks in his/her Bank Account and, upon and subject to these Conditions, can redeem those Bucks online for one or more Rewards. Browse the Website to see the Rewards currently offered in the buildings (each, a “Store”) which comprise Lunchmate City. The Rewards available under the Program are subject to change at any time in MLF’s sole discretion. MLF will assign to each Reward, at MLF’s sole discretion, a certain number of Bucks (the “assigned value”) which will be required to redeem the Reward. The assigned value for each Reward is stated on the Website. A Citizen cannot redeem a Reward unless he/she has accumulated in his/her Bank Account a number of Bucks equal to the then current assigned value for that Reward. To use Bucks to redeem a Reward, a Citizen should browse the Stores on the Website, select the Reward he/she wishes to obtain, and then follow the instructions on the Website to confirm the Reward selected and to submit an order for that Reward. IMPORTANT NOTE: Subject to the provisions of these Conditions, there is a limit of one Reward redemption per order and a limit of two merchandise Reward redemptions per Citizen per calendar month. However, if a Citizen wishes to redeem Bucks for a Reward other than a merchandise Reward (e.g. a Reward which is a software download), this monthly Reward redemption limitation does not apply to redeeming Bucks for that kind of Reward. Once a Citizen has submitted an order for a Reward to MLF, a number of Bucks equal to the assigned value of that Reward will be deducted from the Citizen’s Bank Account and the Citizen will receive an on-screen message confirming the transaction. Shipping and handling charges for Rewards ordered do not apply and will be borne by MLF. Bucks have no cash value.
3. HOW TO DONATE DOLLARS TO A CHARITY: A Citizen may donate Bucks to The Children’s Miracle Network (the “Charity”) as follows: the Citizen should click on the “Donate Your Lunchmate Dollars” button on the ATM and then insert the number of Bucks the Citizen wishes to donate to the Charity. The number of Bucks so indicated will be deducted from the Citizen’s Bank Account, that number of Bucks will be credited to the Bank Account the MLF maintains in the name of the Charity, and the Citizen will see an on-screen message confirming the donation transaction. Note that upon clicking “Submit”, this transaction is final and cannot be reversed. The Charity intends to use the Bucks it receives as donated by Citizens in this manner to acquire toys for children in hospitals. For additional information about the Charity and the hospitals they support, please visit www.childrensmiraclenetwork.ca. Any Bucks a Citizen donates to the Charity will no longer be available for use in the Program by the Citizen.
IMPORTANT NOTE: It is essential for Citizens to retain and keep in a safe place all original Codes by cutting out the “Bucks” from the original Package for verification purposes if required by MLF in its sole discretion. MLF may at any time in its sole discretion request that original Code(s) be sent to it for verification purposes. Any such requests will be made by MLF in writing and sent via Canada Post to the address provided by the Citizen upon registration in the Program. Participants must bear all costs associated with sending the required Code(s) to the address provided by MLF. Only original Code(s) (i.e. no photocopies) will be accepted.
4. WHO IS ELIGIBLE TO BECOME A CITIZEN: Any Canadian resident who has reached the age of 9 years of age or older (13 years of age or older in the Province of Quebec), as of the date the resident registers to be a Citizen in accordance with the provisions of paragraph 1 of these Conditions, is eligible to be a Participant and to become a Citizen except for i) employees, representatives and agents of MLF, of MLF’s affiliates, franchisees, packaging companies (Beresford Box Company Inc.), of advertising or promotional agencies of the foregoing firms, of Reward suppliers, and of any companies engaged in the development, production, or distribution of materials for the Program, (ii) employees of any reuse or recycling depot; (iii) any members of the immediate families of, or persons residing or domiciled with, any of the foregoing persons.
IMPORTANT NOTE: Any non-Quebec resident who is between the ages of 9 and 13 will require the permission of his/her parent or legal guardian to register and participate in the Program and to become a Citizen, provided that, if MLF discovers that such a person did not obtain his/her parent’s or legal guardian’s actual consent as just described, then any and all Bucks in any Bank Account assigned to that person will be forfeited and void. Title to any Reward ordered by a Participant who is a minor in his/her Province of residence will be transferred to that minor’s parent or legal guardian, in trust for the minor.
5. PROGRAM REGISTRATION LIMITATIONS AND REQUIREMENTS: An eligible Canadian resident (see paragraph 4 above) may register in the Program only under one (1) username and password and may only use one (1) email address to participate in the Program. If MLF discovers that a person has attempted or is attempting to register as a Participant more than once, any and all Bucks in any Bank Account assigned to that person will be forfeited and void. In the event of a dispute regarding the identity of a Participant, the registration will be deemed to have been made by the authorized account holder of the Participant’s e-mail address at the time of registration. An authorized account holder is the natural person who is assigned an email address by an Internet access or online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
6. SHIPMENT OF REWARDS: In most cases, allow 6-8 weeks from receipt by MLF of an order for a Reward for shipment by MLF of that Reward via, at MLF’s sole discretion, courier or Canada Post, unless otherwise stated on the Website. All Rewards will be shipped to the postal address submitted by a Citizen at time of his/her registration and if any information, including address information, which is provided by a Citizen at the time the Citizen registers for the Promotion changes, it is the Citizen’s responsibility to promptly amend his/her registration information accordingly in order that MLF will possess current, accurate delivery information. Rewards will only be delivered to addresses within Canada. MLF, and its representatives and agents, accept no responsibility for any postal, mail or courier delivery which is returned as “undeliverable” with no forwarding address. MLF and its representatives and agents accept no responsibility for a Reward after it has been given into the possession of Canada Post or a courier for shipment.
7. AVAILABILITY OF REWARDS: Each Reward offered in the Program and on the Website, and the assigned value for each Reward, is subject to change by MLF, without notice and at MLF’s sole discretion. A Reward is available only while MLF’s supplies of the Reward last. Only a Citizen can ‘purchase’ a Reward, and a Reward can only be ‘purchased’ with Bucks (which as stated above have no cash value). In the event MLF’s supplies of a Reward which has been ordered are exhausted, in its sole discretion, MLF reserves the right (but without any obligation to do so) to substitute an item of equal or greater value for the Reward ordered. No exchanges, returns or refunds will be permitted for any Reward.
8. NO CANCELLATION, EXCHANGE OR RETURN OF A REWARD: MLCF will not accept, or provide, any cancellation, exchange, refund or return for any Reward once the Reward has been ordered in accordance with these Conditions.
9. CODES, DOLLARS AND BANK ACCOUNTS - GENERAL CONDITIONS AND RESTRICTIONS:
a. Code Usage Limits: Subject to the provisions of these Conditions, Codes have a Buck ‘value’ as described in paragraph 1 above. A Code can only be used once and any attempt to re-submit or re-use the same Code will be void and have no effect.
b. Code Expiry Dates: Any Code which does not have a date printed with it will expire on June 30, 2010 and cannot be deposited in a Bank Account or otherwise used in the Program after that expiry date. Any Code which does have a date/year printed with it will expire on that date/year and cannot be deposited in a Bank account or otherwise used in the Program after that expiry date.
c. Bank Account: There is a limit of one (1) Bank Account per Participant. A Participant may only enter Codes into one Bank Account. If MLF discovers that a Participant has attempted or is attempting to enter Codes into multiple Bank Accounts under different e-mail addresses, any and all Bucks in any Bank Account assigned to that Participant will be forfeited and void. Possession of a Code does not constitute proof of entering, or the recording of, a Code into a Bank Account. MLF reserves the right, in its sole discretion and from time to time and without notice, to limit the number of Codes which Participants can enter into a Bank Account and/or the number or numbers of invalid attempts by a Participant to enter one or more Codes in a given 24-hour period, and/or to limit or modify any Code entry limits and/or conditions set out on the Website or in these Conditions, without prior notice to, or the consent of, any Participant(s) or Citizen(s). If a Citizen takes steps to delete his/her registration/profile for the Program, any and all Bucks in any Bank Account assigned to that Citizen will be forfeited and void.
d. No Transfer of Bucks: No Bucks in a Bank Account assigned to a Participant may be transferred to or combined with or shared with any other Bank Account in the Program irrespective of the identity of the person in whose name such other Bank Account has been created in accordance with these Conditions.
e. No Sale or Other Dealings of/with Bucks, Codes etc.: No Code, Bucks or Bank Account can be sold, traded, bartered, assigned or transferred to or shared by a Participant or a Citizen to or with any other person or auctioned through an online auction site or otherwise. Any Bucks redeemed for Rewards become null and void and cannot be refunded, transferred or re-used.
10. CODE VERIFICATION: All Codes are subject to verification at the sole discretion of MLF. MLF may use anti-fraud detection devices for Code-verification purposes. A Code will be deemed void if it fails to pass MLF’s anti-fraud detection measures, or if MLF considers, in its sole discretion, the Code to be any of the following: duplicated, photocopied, reproduced, forged, defaced, tampered with, mutilated, cut, torn, erased or blank in whole or in part, illegible in whole or in part, smudged, disassembled or altered from the form in which it was issued, or if it is stolen, transferred, bartered, traded or auctioned (including, but not limited to, an online internet auction site), un-issued, unauthorized, illegitimately obtained, (i.e. through means other than retail purchase or another method expressly authorized and approved by MLF), or if it fails to contain special markings, inks and/or security codes that may be applied by MLF at the time of production, or if it contains an unauthorized message, code or other marking not issued by MLF for use in this Program, or if it is otherwise defective, or if it contains printing or other mechanical errors or is printed or produced in error. No Bucks will be credited for any Code which, in its sole discretion MLF considers is void for any reason, including without limitation the following: a Code is not verified or recognized as a valid Code issued by MLF in the Program; or a Code is determined to be previously entered and used; or a Code is incorrectly or incompletely entered or submitted. In such a case, MLF shall have no obligation whatever to the holder of any such Code. Notwithstanding the forgoing, MLF may upon request, but at MLF’s sole discretion and without obligation, elect to replace an illegible Code with another randomly selected Code if deemed appropriate by MLF in its sole discretion, while Code supplies last. MLF reserves the right to inspect and examine any allegedly illegible or otherwise allegedly defective or deficient Code prior to issuing a replacement. Any request for a replacement Code may be denied by MLF in the event of non-compliance with these Conditions. MLF may change its policy or set limitations and restrictions on Code replacement at any time and without notice. Except as expressly stated above, MLF shall have no liability or obligation with respect to any void, illegible, defective or deficient Code. Only Codes from Packages issued by MLF are eligible for the Program. No Code can be combined with any codes from any other game or promotion. Any Code collected through a recycling centre is void.
11. LIMITATIONS OF LIABILITY: Neither MLF, nor any representative or agent of MLF, assumes or shall have any responsibility or liability to any Citizen, Participant, or any other person, for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Program or the Website: telephone system problems, breakdowns or interruptions; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or telephone transmissions to be sent to or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Website or phone system in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines that delay, interrupt or prevent the capture, or entry, or both, or the delay, interrupt or prevent the accurate capture, or entry, or both of Codes into the Program or of Bucks into any Bank Account or the redemption of Rewards; human or non-human intervention into or corruption of the operation of the Program, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Program or data related thereto, including, without limitation, tampering of or hacking into the telephone lines or computer connections, or loss, miscount, misdirection, inaccessibility or unavailability of a Bank Account or Bucks or a Code used in connection with the Program. MLF and its representatives and agents are not responsible for any personal injury or property damage or losses of any kind which may be sustained to any Participant’s, Citizen’s or any other person’s computer equipment resulting from participation or attempted participating in the Program, or use of or download of or attempted use of or download of any information from the Website. Use of the Website is entirely at user’s own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ALL REWARDS ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MLF and its representatives and agents make no representations or warranties of any kind concerning the appearance, safety or performance of any Reward and Citizens and Participants bear all risk of loss or damage to a Reward after MLF delivers possession of the Reward to the post office or other shipping medium for shipment to a Citizen.
12. CONDITIONS APPLICABLE TO PARTICIPATION: By participating, all Participants and Citizens signify their agreement to be bound by these Conditions. MLF and its representatives and agents, at their sole discretion, may cancel, suspend or block any Bank Account set up for any Participant if MLF and its representatives and agents, in their sole judgment and discretion, deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Conditions; or (b) damaging, tampering with or corrupting the operation of the Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeatedly attempting to enter void Codes in one or more Accounts; or (f) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) engaging in any activity deemed in sole discretion of MLF to be generally inconsistent with the intended operation of the Program or with the good reputation of the Program or of MLF.
ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO PROSECUTE AND TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
13. RELEASE OF LIABILITY: By participating in the Program, all Participants and Citizens, on behalf of themselves, their executors, heirs and assigns, agree to release MLF, their affiliates, franchisees, agencies, agents, representatives, Reward suppliers, and each of their respective officers, directors, employees, representatives and agents, (collectively the “Releasees”), from any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons or property which may be sustained in connection with the conduct of the Program, or in connection with the receipt, ownership, use or misuse of one or more Rewards, or from any typographical or other errors in these Conditions, or from any inaccurate or incorrect data contained or captured (or not contained or captured) on the Website or entered (or not entered) in any Bank Account. Under no circumstances will the Releasees be liable for punitive, incidental, consequential, or any other damages.
14. PERSONAL INFORMATION: Unless a Participant or Citizen otherwise indicates, the personal information gathered about any Participant or Citizen in the course of this Program will be used by MLF solely for the administration of the Program, and will be used by MLF in connection with any publicity relating to the Program. MLF is not obliged to engage in any correspondence with any person except with a person who has redeemed or attempted to redeem a Reward.
15. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Conditions, or the rights and obligations of any Participant or Participants or of any Citizen or Citizens, and MLF, in connection with the Program, shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. All Participants, and Citizens, the MLCF, and all other parties, hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Program or these Conditions and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
16. GOVERNING LANGUAGE: In the event of any discrepancy or discrepancies as between the English language Conditions and the French language Conditions for this Program, the English language Conditions shall prevail.
LUNCHMATE CITY
OFFICIAL CONTEST RULES (the “Official Rules”)
LUNCHMATE CITY CONTESTS (each a “Contest”)
IMPORTANT NOTES:
A. IT IS PLANNED THAT, UNTIL FURTHER NOTICE, MLF WILL BE CONDUCTING CONTESTS IN CONNECTION WITH ITS LUNCHMATE CITY PROGRAM. EACH CONTEST WILL INVOLVE A DRAW FROM ENTRIES RECEIVED DURING THE CONTEST PERIOD [SEE RULE 1 BELOW FOR DEFINITION OF “CONTEST PERIOD”] FOR THAT CONTEST FROM CONTEST-ELIGIBLE CITIZENS [SEE THE “ELIGIBILITY” CONDITIONS IN RULE 4 BELOW].
B. TO BE ABLE TO ENTER A CONTEST, IT IS NECESSARY FOR A CONTEST-ELIGIBLE CITIZEN TO HAVE A MINIMUM OF 5 LUNCHMATE BUCKS AND BE A CITIZEN IN THE LUNCHMATE CITY PROGRAM. NOTE THAT, REGARDLESS WHETHER YOU ENTER A CONTEST USING A CODE YOU OBTAINED BY PURCHASING A PACKAGE, OR BY MAILING IN A REQUEST FOR A CODE, YOU SHOULD KEEP THAT ORIGINAL CODE [BY CUTTING OUT THE CODE FROM YOUR PACKAGE OR, IN THE CASE OF A CODE OBTAINED AS A RESULT OF A MAIL-IN REQUEST, BY RETAINING THE CODE YOU RECEIVED FROM MLCF], AS YOU MAY NEED IT TO COMPLETE THE PRIZE VERIFICATION AND REDEMPTION PROCESS.
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GENERAL CONTEST PERIOD, PRIZE(S), GENERAL CONTEST INFORMATION AND DEFINITIONS
No Purchase Is Necessary to Enter a Contest
1. The Contest period (the “Contest Period”) for a Contest will begin on the day and time specified in the description of the prize (the “prize”) available to be won in that Contest and will end on the day and time specified in that prize description. Each Contest is sponsored by MLF.
2. The description and approximate value of the prize(s) which are offered in a Contest (together with the Contest Period which applies to that Contest) can be found by clicking on the Lunchmate Clubhouse at www.lunchmatecity.com.
3. The Conditions of the Program which are set out above contain a number of defined terms. When a term is defined in the Program’s Conditions, and that term is used in these Official Rules, the definition of that term which appears in the Conditions will apply to that term when used in these Official Rules.
4. ELIGIBILITY
A Contest is open to all Citizens in the Program except:
a) employees, directors, agents or representatives of MLF or of any of its divisions, subsidiaries, affiliates, franchisees, or promotional agencies, or of any supplier providing any Contest materials or services; and
b) any person who is or purports to be an immediate family member (defined as a step-, adoptive or biological mother, father, daughter, son, sister, brother or spouse) of any person described in Rule 4a. and any person with whom such immediate family member resides or is domiciled.
Any person to whom a Contest is open is called a “Contest-eligible Citizen”.
PRIZE DESCRIPTION, CHANCES OF WINNING AND HOW TO ENTER A CONTEST TO WHICH THESE OFFICIAL RULES APPLY
5. HOW TO ENTER A CONTEST: To enter a Contest, a Contest-eligible Citizen must have 5 Bucks (see Rule 7 below) to ‘purchase’ an entry (an “Entry”) into the Contest. Subject to the provisions and requirements of these Official Rules, if you are a Contest-eligible Citizen (see Rule 4 above), click on the Lunchmate Clubhouse in the City. You then will see the Contest(s) which you can enter at that time. Next, click on the “ENTER” button for the Contest you wish to enter and then click on “YES PLEASE” when you are asked if you wish to redeem Bucks to enter that Contest. You then will be asked a second time to confirm that you wish to ‘purchase’ an Entry into the Contest and you must click “YES”. You will then be asked to either confirm your shipping address by clicking “CONFIRM” or to update your shipping address in which case you update that address by clicking “UPDATE”, whereupon your Entry will be recorded into the applicable Contest.
6. CHANCES OF WINNING: Chances of winning a Prize in a Contest depend on number of Entries received from Contest-eligible Citizens during the Contest Period which applies to that Contest.
7. HOW TO GET THE BUCKS WHICH ARE REQUIRED TO ENTER A CONTEST: A Contest-eligible Citizen must have five Bucks to enter a Contest. As is described in the Program Conditions above, it is necessary to obtain a Code in order to be credited with Bucks in the Program. A Contest-eligible Citizen can obtain such a Code in one of two ways.
a) By Purchasing a Package: see Condition #1 in the Lunchmate City Conditions above which describes how a Contest-eligible Citizen can obtain a Code which is valid for Bucks in the Program by purchasing a Package with which a Code appears; or
b) By Mail-In Request for a Code: a Contest-eligible Citizen can mail, postage-prepaid, an envelope (an “outer envelope” - see detailed requirements below in this paragraph) which bears a return address on its exterior, contains a handwritten request for a Code (a “Mail-in Code Request” - see detailed requirements below in this paragraph) and contains a minimum 4” x 6” self-addressed envelope bearing sufficient return postage to: “Schneiders Lunchmates Sweepstakes Code Request”, P.O. Box 98, Toronto, Ontario M6J 3M7, to receive a Code valid for five virtual Lunchmate Bucks. Note: Each outer envelope must contain only one Mail-in Code Request, must be original, must be legibly printed entirely in ink by hand, must bear a return address on its exterior, must bear sufficient postage, and must contain a self-addressed envelope which is original, is legibly printed entirely in ink by hand, bears sufficient return postage and on which the mailing address is the same as the return address on the outer envelope in which it is enclosed. A Mail-in Code Request must request a Code, must be original, must be legibly printed entirely in ink by hand and must set out the full name, residential street address, daytime and nighttime phone numbers, email address, date of birth, and gender of the Contest-eligible Citizen who is sending the Mail-in Code Request. No Mail-in Code Request will be fulfilled if all Codes MLF has set aside to satisfy Mail-in Code Requests have been distributed by the date on which the Mail-In Code Request is received by MLF at the above address. Provided a Mail-in Code Request complies with the requirements just described, MLF will mail one Code which is worth five Bucks, while supplies last, using the self-addressed envelope which was enclosed with the applicable Mail-in Code Request. Only one (1) Mail-in Code Request will be honoured per Contest-eligible Citizen per Contest.
8. THE DRAW: On or about the fifth business day of the calendar month after the end of the Contest Period for a particular Contest (the “Prize Selection Date”), MLCF will cause a computerized random selection to be made from all Entries recorded during the previous Contest Period in order to identify the potential prize winner(s) (each, a “Potential Prize Winner”) of the prize(s) which was/were offered in the Contest to which that Contest Period applies. The Contest-eligible Citizen(s) on whose behalf a Entry selected in that manner was recorded will be the Potential Prize Winner(s) of the applicable prize(s) offered in that Contest. To be declared a Prize Winner, each Potential Prize Winner must be a Contest-eligible Citizen, must correctly answer without assistance a skill-testing question, and must comply in full with the Rules. The skill-testing question will be contained in a Declaration and Release which will be provided by MLF to each Potential Prize Winner (see Rules 9 and 10 below). Each Potential Prize Winner will be mailed a notice (the “notice”) in the manner and time as described in Rule 10 below. Note: if an Entry into a Contest is not selected in respect of the Contest applicable to that Entry, that Entry will be null and void and will not be carried over to be an Entry in any other Contest.
9. THE DECLARATION AND RELEASE - GENERAL: It is a condition of the award to a prize to a Potential Prize Winner that the Potential Prize Winner must properly complete, sign and deliver promptly to MLF, in the manner and at the time(s) specified in Rule 10 below, a Declaration and Release (the “Declaration and Release”) which will be supplied by MLF to that Potential Prize Winner. The Declaration and Release will confirm that a Potential Prize Winner is a Contest-eligible Citizen and that he/she has complied with the Official Rules, will contain a skill-testing question (which the Potential Prize Winner must answer correctly without any mechanical, electronic or other assistance), will release MLF and others from any liability arising from receipt, use and/or misuse of the Prize, and will grant a publicity consent.
Note: If a prize winner is a minor in his/her Province of residence, the title to any prize to which any such minor prize winner otherwise would be entitled will be awarded to that minor’s parent or legal guardian in trust for the minor, and the minor’s parent or legal guardian must also sign the Declaration and Release where and in the manner indicated thereon.
10. POTENTIAL WINNER NOTICE AND THE DECLARATION AND RELEASE – SPECIFIC PROVISIONS: On or about the Prize Selection Date, MLF will use the ordinary Canadian mail system to send a notice to each Potential Prize Winner in the applicable Contest, at the residential address that Potential Prize Winner provided at the time he/she registered on Lunchmatecity.com, that he/she is a Potential Prize Winner of a prize. The notice will include the Declaration and Release.
The Potential Prize Winner then must legibly complete and sign, in ink, the Declaration and Release, including filling in his/her correct answer to the skill-testing question in the space provided on the Declaration and Release, and must send to MLF (at the address which appears on the Declaration and Release) the properly completed and signed Declaration and Release, at his/her sole expense and risk, for receipt by MLF no later than 14 days from the date which appears on the notice.
GENERAL
11. Each Contest is subject to applicable federal, provincial and municipal laws.
12. MLF reserves the right, at its sole discretion, to substitute a prize of like kind/value for the prize(s) being offered in any Contest. No prize is transferable and every prize must be accepted as awarded. All decisions of MLF and its representatives concerning a Contest are final and binding on all Citizens; and all Contest-eligible Citizens agree to abide by all MLF instructions and decisions in respect of any Contest. MLF’s decisions/interpretations in any dispute regarding the Rules are final and binding on all Citizens.
13. The Conditions of the Program which appear above in paragraphs 10 (“Code Verification”), 11 (“Limitations of Liability”), 12 (“Conditions Applicable to Participation”), 14 (“Personal Information”), 15 (“Governing Law”) and 16 (“Governing Language”) of the Conditions of the Program are hereby incorporated, mutatis mutandis, into these Official Rules and apply to these Official Rules and to all Contests which MLF conducts in connection with its Lunchmate City Program.
14. Any Contest-eligible Citizen who enters a Contest consents to the collection, use and disclosure of his/her personal information by MLF, and its representatives, for the purposes of Contest administration, regulatory compliance and marketing analysis. Personal information will not be transmitted to third parties other than to achieve these stated purposes.
15. Subject to any governmental approval which may be required, MLC reserves the right, without prior notice and at any time, to terminate any Contest, in whole or in part, or modify, amend, extend or suspend any Contest or the Official Rules applicable to any Contest in any way MLF chooses, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event MLF is prevented from continuing with any Contest as contemplated herein by any event beyond its control, or by any federal, Provincial or local government law, order, or regulation, or by order of any court or jurisdiction, then MLF shall have the right to modify, extend, suspend, or terminate the Contest.
16. FOR RESIDENTS OF QUEBEC IN CONTESTS TO WHICH QUEBEC LEGISLATION IS APPLICABLE: 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 Régie only for the purpose of helping the parties reach a settlement.
©Copyright Maple Leaf Foods Inc. 2010. All Rights Reserved
SCHNEIDERS “Be a Good Sport” (the “Contest”)
OFFICIAL RULES (the “Official Rules”)
IMPORTANT NOTE: It is necessary for an eligible person (see definition in Rule 4 below) to have a minimum of five (5) Lunchmate virtual “Bucks” (“Bucks”) and be a registered citizen (a “Citizen”) of Lunchmate City (the “City”), in order to be able to enter the Contest. See Rule 5 below which describes how to obtain a 16-character code (a “Code”) which is necessary to obtain the Bucks required to enter the Contest. Keep your original Code(s) by cutting out the Code(s) from your original Qualifying Product Package*s( (see Rule 5 below) or by keeping the Code which is supplied on a no purchase basis (see Rule 5 below), as you may need it to complete the Prize verification and redemption process. The Contest is sponsored by Maple Leaf Consumer Foods Inc. (“Maple Leaf”).
CONTEST PERIOD AND GENERAL CONTEST INFORMATION AND DEFINITIONS
1. The Contest begins at 8:00:00 a.m., Eastern Daylight Time (“EDT”), on Monday May 7,2010 and ends 11:59:59 p.m., EDT on Monday, June 7, 2010 (the “Contest Period”).
2. There is one (1) Grand Prize (the “Grand Prize”) available to be won in the Contest. During the week commencing Monday, June 14, 2010, Maple Leaf will conduct a computerized, random selection (the “Prize Selection”) of one Entry (see the definition in Rule 3 below) from all Entries received by Maple Leaf from eligible persons during the Contest Period in order to identify the potential winner of the Grand Prize (the “Potential Grand Prize Winner”).
3. In these Official Rules a) the term Maple Leaf includes, where the context permits or requires, any representative or representatives of Maple Leaf, b) when the Potential Grand Prize Winner is verified as the winner of the Grand Prize, that eligible person is called the “Grand Prize Winner, c) the term “Prize” means the prize which is available to be won in the Contest, d) the term “Entry” means an electronic entry into the Contest which is recorded during the Promotion Period by Maple Leaf on behalf of an eligible person who enters the Contest in accordance with the provisions of Rule 6 below and e) the term “the Website” means www.lunchmatecity.com.
4.
ELIGIBILITY
No Purchase Is Necessary to Enter the Contest
1. The Contest is open to any resident of Canada who has reached the age of 9 years or older ( 13 years of age older in the Province of Quebec) by May 10, 2010, and is a member or is the parent or legal guardian of a person who is a member of sports team (a “team”) which participates in an organized league that operates under guidelines as perscribed by the applicable Governing Sports Association in the Provincial /Territory of residence of the entrant, except:
1.1. persons who are or become, at any time during the Contest Period, employees, directors, agents or representatives of Maple Leaf, or of any of Maple Leaf’s divisions, subsidiaries, affiliates, or advertising or promotional agencies, or of any supplier providing the whole or any part of the Prize which is available to be won in the Contest or providing any materials or services directly in connection with the Contest; and
1.2. any immediate family member (defined as biological, step-, or adoptive mother, father, daughter, son, sister, brother or spouse) of any person described in Rule 4.1.1., any person with whom any such immediate family member resides, and any person who resides in the same residence as any such immediate family member.
Any person to whom the Contest is open is referred to in these Official Rules as an “eligible person”.
HOW TO GET BUCKS REQUIRED TO ENTER THE CONTEST
5. Codes which may be converted into Bucks are found on specially marked packages (each a “Qualifying Product Package”) of Schneiders Lunchmate®, Schneiders SmartSnax™ and Schneiders SmartLunch® products, or an eligible person may obtain a Code, which provides the right to five Bucks which are required to enter the Contest, without purchase (see below). A Code is printed inside each Qualifying Product Package. Each Code is unique and a Code which is printed in a Qualifying Product Package is worth at least five (5) Bucks. Subject to the provisions of these Official Rules, an eligible person can use five (5) Bucks to effect and Entry into the Contest. An eligible person can obtain a Code in one of two ways.
Either:
(i) visit a participating retailer and purchase a Qualifying Product Package; or
(ii) mail an envelope (an “outer envelope” - see detailed requirements below in this paragraph) which bears a return address on its exterior, has on it sufficient postage, contains a handwritten request for a Code (a “Mail-in Code Request” - see detailed requirements below in this paragraph) and contains a minimum 4” x 6” self-addressed envelope bearing sufficient return postage to: “Schneiders Be a Good Sport Contest Code Request”, 24 Baby Point Crescent, Toronto, Ontario M6S 2B8, to receive a Code which is worth five (5) Bucks. Note: Each outer envelope must contain only one Mail-in Code Request, must be original, must be legibly printed entirely in ink by hand, must bear a return address on its exterior, must bear sufficient postage, must be received by Maple Leaf no later than 5:00 pm EDT on May 21, 2010, and must contain a self-addressed envelope which is original, is legibly printed entirely in ink by hand, bears sufficient return postage and on which the mailing address is the same as the return address on the outer envelope in which it is enclosed. A Mail-in Code Request must request a Code, must be original, must be legibly printed entirely in ink by hand and must set out the full name, residential street address (including City/Town name and Province/Territory), daytime and nighttime phone numbers, email address, date of birth, and gender of the eligible person who is making the Mail-in Code Request. No Mail-in Code Request will be fulfilled if all Codes Maple Leaf has set aside to satisfy Mail-in Code Requests have been distributed by the date on which the Mail-In Code Request is received by Maple Leaf at the above address. Provided a Mail-in Code Request complies with the requirements of these Official Rules, Maple Leaf will mail one (1) Code, cut out from a Qualifying Product Package, while supplies last, using the self-addressed envelope which was enclosed with the applicable Mail-in Code Request. Irrespective of the number of Mail-in Code Requests submitted by an eligible person, only one (1) Mail-in Code Request will be honoured per eligible person throughout the Contest Period.
HOW TO ENTER THE CONTEST AND CHANCES OF WINNING
NOTE: Minimum browser requirements to enter the Contest are: a) for PC users, Internet Explorer version 5.0 or Netscape Navigator version 4.7, Flash Player 7 plug in; OR b) for MAC users, OSX 10.2 and Internet Explorer version 5.0. JavaScript and all browser cookies must be enabled, Flash Player 7 plug in.
Important Limitations on Code Use and Retention of original Codes from Packages: A Code can only be used once (see Terms and Conditions at Lunchmatecity.com for details). A submission of five (5) Lunchmate Bucks is required during the Promotion Period to record an Entry into the Contest on behalf of the eligible person to whom the Lunchmate Bucks belong.
6. Subject to the provisions of these Official Rules, if you are an eligible person and have a Code, you must visit the Website to enter the Contest.
a) Visit the Website and then click on your language preference (English or French), and you will be taken to a Welcome page where you will be prompted to take one of the following three actions: a) register as a Citizen, b) I’m already a Citizen or c) Visit as a guest.
If you are a Citizen of the City, click on the box that says “I’m already a Citizen” and proceed to enter your user name and password and click on the “Submit” button. Follow the instructions to get to the City. Once you reach the City, you may click on any one of the “Be a Good Sport” signs located throughout the City or you may click on “The Lunchmate Sports Store”, where you will select the “Be a Good Sport” and click on the “ENTER” button. You must then review the Official Rules accessed by clicking on the “Official Contest Rules” link and then confirm that you have read, accept and agree to comply with the Official Rules by clicking in the box which follows the statement: “yes, I have read and accept the Official Contest Rules”. If you do not accept and agree to comply with the Official Contest Rules, you cannot proceed further in the Contest portion of the Website. If you do accept and agree to comply with the Official Contest Rules, you will be able to proceed by clicking on the “Submit” button on the web page and you will then be taken to the confirmation page where you must confirm that you wish to submit five (5) Lunchmate Bucks to be entered into the Contest by clicking on the “YES PLEASE!” button. You will then be taken to another page to re-confirm that you wish to submit five (5) Lunchmate Bucks to enter the Contest, where you must click on the “Yes” button to proceed further in the Contest. You will then be taken to a registration page where you must fill in your residential address. Once completed, click on the “Submit” button to proceed further in the Contest. You will then be prompted to confirm your registration details and click “Confirm” or “Update”. You must confirm your correct residential address and the details of the educational institution applicable to you being an eligible person (see Rule 4 above) in order to complete your Entry.
b) If you are not a member of The City, you must click on the “Register as a Citizen” box and follow the instructions to become a Citizen. Once you have become a registered Citizen of the City, follow the instructions in Rule 6 a) above on how to enter the Contest. You must have a minimum “Bank Account Balance” (see Terms and Conditions at lunchmatecity.com for details) of five (5) Lunchmate Bucks to enter the Contest.
CHANCES OF WINNING
The chances of winning the Prize will depend on the number of Entries recorded in accordance with the provisions of these Official Rules during the Contest Period.
PRIZE
NOTE: In order to win the Prize, a Potential Winner must be an eligible person, must correctly answer a mathematical skill-testing question (the “skill-testing question”) without any mechanical, electronic or other assistance, and must have complied and continue to comply in full and in all respects with these Official Rules.
The Prize: There is one (1) Prize available to be won in the Contest consisting of one (1) Five Hundred Dollar ($500) cash donation to the winner’s sports team. Subject to the provisions of these Official Rules, Maple Leaf will provide a cheque in the amount of five hundred (500) dollars Canadian, payable to the Sports Team that the Grand Prize Winner [or, if applicable, the child of the Grand Prize Winner], plays upon.
Any cost or expense (including, without limitation, any applicable taxes) which is incurred by the Potential Grand Prize Winner, whether in claiming or attempting to claim or using the Prize, or any part or parts of the Prize, or otherwise, is the sole responsibility of the Potential Grand Prize Winner or the Grand Prize Winner, as the case may be.
NOTIFICATION OF POTENTIAL GRAND PRIZE WINNER
SELECTION OF POTENTIAL PRIZE WINNER
Note: In order to win the Prize, the Potential Grand Prize Winner must be an eligible person, must correctly answer the skill-testing question without any mechanical, electronic or other assistance, and must have complied and continue to comply in full and in all respects with these Official Rules
7. Maple Leaf will conduct the Grand Prize Draw during the week commencing Monday, June 14, 2010. At that time, Maple Leaf will cause a computerized random selection to be made from all Entries recorded during the Contest Period in order to identify a POTENTIAL Grand Prize Winner. In these Official Rules, the date upon which Maple Leaf identifies a Potential Winner is called a “Prize Selection Date”.
NOTIFICATION OF POTENTIAL GRAND PRIZE WINNER
8. Commencing the first business day following the Prize Selection, Maple Leaf will inform the applicable potential winner, by mail sent to the address that was recorded with the selected Entry, that he/she is a potential winner, will specify the Prize which he/she has potentially won, and will include the Declaration and Release which contains the skill testing question and has spaces for the participant to provide his/her full contact information (including the potential winner’s first and last name, gender, date of birth, complete mailing address, city/town, Province/Territory, postal code, daytime and evening phone numbers including area codes, and e-mail address), and among other things, confirms the potential winner’s acceptance of and compliance with these Official Rules, declares that the potential winner is an eligible person, releases Maple Leaf and others from any liability for any loss or damage the participant may suffer by reason of the participant’s receipt, use or misuse of any Prize in the terms of Rule 12 below, and grants the publicity consent in the terms of Rule 13 below. The declaration and release also contains the skill testing question.
The potential winner then must legibly complete, printed in ink, and sign, the Declaration and Release, including filling in his/her correct answer to the skill-testing question which appears on the Declaration and Release and must send [Maple Leaf strongly recommends using registered mail or courier], at the potential winner’s sole expense and risk, for receipt by Maple Leaf within the time limit specified in Rule 10 below, for verification, his/her submission consisting of his/her original, fully completed and signed Declaration and Release (which must include his/her correct answer to the skill-testing question on the Declaration and Release), to the address which appears on the Declaration and Release. In addition, if the potential winner is a minor in his/her Province/Territory of residence, title to the Prize will be transferred to the minor’s parent or legal guardian, in trust for the winner who is a minor, and the minor’s parent or legal guardian must also sign the Declaration and Release.
9. In these Official Rules, the submission just described is referred to as the “Game Materials”. Maple Leaf strongly recommends that the Potential Winner make copies of the Game Materials before sending the original Game Materials to Maple Leaf.
Note: The mailing, or the delivery into the hands of a courier service, of Game Materials does NOT constitute proof of actual delivery of the Game Materials to Maple Leaf and does NOT constitute proof of receipt by Maple Leaf of the Game Materials. It is strongly recommended that the Potential Winner, at his/her own cost, purchase postal or courier insurance, as applicable, for all Game Materials which he/she sends in accordance with the requirements contained in this paragraph 10,
10. TIME LIMIT FOR RETURNING THE GAME MATERIALS: IF, BY 5:00 P.M. EDT ON THE 21ST DAY FOLLOWING THE DATE ON MAPLE LEAF’S COVERING LETTER WHICH ACCOMPANIED THE DECLARATION AND RELEASE, MAPLE LEAF HAS NOT RECEIVED THE GAME MATERIALS FROM A POTENTIAL WINNER, INCLUDING, WITHOUT LIMITATION, THE ORIGINAL DECLARATION AND RELEASE PROPERLY COMPLETED AND SIGNED, ALL IN ACCORDANCE WITH THE REQUIREMENTS SET OUT IN RULE 10 ABOVE, THAT POTENTIAL WINNER SHALL FORFEIT ALL RIGHTS TO THE PRIZE TO WHICH HE/SHE MAY OTHERWISE HAVE BEEN ENTITLED (AND WILL HAVE NO CLAIM AGAINST MAPLE LEAF OR ANY OTHER PERSON IN RESPECT OF THE CONTEST OR IN RESPECT OF THE APPLICABLE PRIZE OR ANY OTHER MATTER RELATED TO THE CONTEST), AND THE APPLICABLE PRIZE WILL BE REDRAWN AND A NEW POTENTIAL WINNER NAMED.
11. By participating in the Contest, the Potential Winner releases and agrees to indemnify and hold harmless Maple Leaf, its representatives, successors, assigns, licensees, franchisees, parent, affiliates, subsidiaries, local corporate advertising cooperatives, advertising and promotional agencies, and all of their respective directors, officers, employees, representatives, and agents (collectively, the “Releasees”) from and against any and all liability for any and all costs, injuries, losses or damages of any kind, including, without limitation, death and injury and property loss or damage, due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related activity, or due or related to the receipt, use or misuse of the whole or any part of the applicable Prize. The Potential Winner waives the right to assert as a cost of winning the applicable Prize any claim respecting liability and publicity which might arise from redeeming or seeking to redeem that Prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ON THE PART OF MAPLE LEAF, AND MAPLE LEAF HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
12. By participating in the Contest, the Potential Winner agrees to the use (but not the obligation to use) by the Releasees of his/her name, photograph, voice, and image along with (or without) his or her address (city and Province/Territory) and to the use (but not the obligation to use) by such persons or corporations of any statements made by or attributed to him/her in or in connection with the Contest, or the applicable Prize, or both, in any and all media (including, without limitation, print, broadcast and Internet) now known or hereafter devised, in perpetuity in any language and throughout the universe for advertising, promotional or any other purposes as determined by Maple Leaf, in its sole discretion, in connection with the Contest and in other promotions conducted by Maple Leaf, or its affiliates, parent or subsidiaries, without further compensation, notice, review or approval, and hereby releases Maple Leaf, and the Releasees from any claims or liability arising out of or with respect to such use, if any.
13. By participating in the Contest, the potential winner agrees to fully cooperate, at his/her sole expense, in a confidential background check if so required by Maple Leaf in Maple Leaf’s sole discretion to check to confirm eligibility and to help ensure that the use of the potential winner in advertising or publicity for the Contest will not bring Maple Leaf into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Contest or Maple Leaf as determined by Maple Leaf in its sole discretion. Without limiting the generality of the foregoing, Maple Leaf may request a potential winner to provide his/her occupation, employment history and employer’s name, in order to assist in verification of the potential winner’s eligibility and the potential winner agrees to comply promptly with any such request. Maple Leaf also has the right, but not the obligation, to require the potential winner, at the potential winner’s sole expense, to deliver to Maple Leaf, on demand, the original Lunchmate Bucks bearing the Code which the potential winner used in connection with his/her potential winning Entry in order to permit Maple Leaf to verify that the potential winner, in fact, possesses that Lunchmate Bucks and does so on a lawful basis. If a potential winner fails to provide Maple Leaf with his/her original Lunchmate Bucks as just described, then Maple Leaf may disqualify that potential winner from the Contest, in which case that potential winner will have no claim against Maple Leaf or any other person in respect of the Prize or the Contest and the Prize which that potential winner may otherwise have received will not be awarded in the Contest. If a winner makes any false statement in any Game Materials or other document(s) related to the Contest, the winner may be required to promptly return to Maple Leaf, upon demand, the Prize or, at Maple Leaf’s option, the cash equivalent of the Prize based on the approximate value published in these Official Rules.
14. Maple Leaf is not obliged to engage in any individual contact, or correspondence, with any person, except with a potential winner or a winner, as the case may be, of a Prize.
GENERAL
15. All decisions of Maple Leaf concerning any matter involved in the Contest are final, and all eligible persons who enter the Contest agree to abide by all of the instructions and decisions of Maple Leaf. In the event of any dispute regarding the interpretation of any provision of these Official Rules, the decision or interpretation of Maple Leaf in that regard shall be final and binding upon all persons who enter the Contest.
16. All Entries recorded in the Contest for any person become the sole property of Maple Leaf, and are subject to verification by Maple Leaf. Any Entry, which, for any reason, is incomplete, altered, or contains false or misleading information is invalid and will be disqualified for a Prize in the Contest. Allow approximately 6-10 weeks following receipt by Maple Leaf of the Game Materials for verification of the Game Materials and delivery of any Prize.
17. In the event of a dispute over the identity of the person who submitted the entry, which in the opinion of Maple Leaf cannot be determined based on the content of the entry, the entry will be deemed to be submitted by the Authorized account holder of the e-mail account through which the entry was made. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Maple Leaf with proof that the potential winner is the Authorized account holder of the email address associated with the potentially winning entry
18. By entering the Contest, all persons consent to the collection, use and distribution of their personal information by Maple Leaf for the purposes of running the Contest and distributing Prizes, and for the purposes described in Maple Leaf’s Privacy Policy, which is available on the Website. The “personal information” of a person is information that identifies that person as an individual, for example home telephone number, e-mail address and home address. Maple Leaf stores personal information for approximately two (2) years. Maple Leaf will only use this personal information internally within Maple Leaf (including Canada Bread Inc.) and will never share this information with third- party vendors. This is outlined on the privacy policy at the Website.
19. Any action which, in the sole opinion of Maple Leaf, represents an attempt a) to tamper with the Contest entry process, b) to interfere with the operation of the Contest, or with the enforcement or functioning of these Official Rules, c) to damage the Website or d) to undermine or corrupt the fair and proper administration, security or legitimate operation of the Contest, may be a violation of criminal and civil laws, and Maple Leaf reserves the right to seek damages and/or other relief from any and all persons responsible for any such actions or attempts to the fullest extent permitted by law, which may include banning or disqualifying persons from entering the Contest and any future Maple Leaf contests.
20. Maple Leaf assumes no responsibility for any Entry which is, or any Game Materials which are, lost, stolen, delayed, damaged, for any Entry or attempted Entry which is not correctly entered or recorded or which is not completely entered or recorded or which is misdirected for any reason whatsoever; or for the failure to enter, or for the incorrect entry of Codes, whether or not due to the fault of Maple Leaf or of any other person or thing; and, without limiting the generality of the foregoing, Maple Leaf assumes no responsibility if the Website is compromised by virus, bugs, unauthorized human or unauthorized non-human intervention, browser or network server malfunction, incompatibility, misconnection or miscommunication, failed or lost computer transmissions, or for the failure, interruption or delay, for any reason whatever, of any mail, courier delivery or email, online or Internet entry, or other communication to be received, delivered or sent in connection with the Contest; or for any problem or problems with the functioning of the Website or any website or of any Website feature howsoever caused; or for any malfunction of, or damage caused to, any telephone network or lines, computer equipment, data or software, online systems or servers or access providers; or for any computer functionality lost due to not having cookies enabled; or for any traffic congestion on the Internet or any web site, or any combination thereof; or for the security or privacy of information transmitted via computer networks; or, for any breaches of privacy due to interference by third party computer “hackers”, or other similar technical problems or malfunctions, whether or not beyond the reasonable control of Maple Leaf, (collectively, "technical problems"), or for any Internet charges or costs incurred by any person.
21. Subject to obtaining any requisite governmental consent or approval, Maple Leaf reserves the right in its sole discretion and without prior notice to cancel, modify, amend, suspend, reinstate or terminate this Contest with no obligation or liability in its sole discretion, in the event a virus, bug or any other cause beyond the reasonable control of Maple Leaf, in the sole opinion of Maple Leaf adversely affects the security or proper administration of the Contest, or if, in the sole opinion of Maple Leaf, any other cause beyond the reasonable control of Maple Leaf, or any of the technical problems, prevents the fair or proper administration of the Contest. Maple Leaf will have no liability whatsoever if for any reason the Contest is not capable of running as planned due to technical problems, including without limitation due to computer virus, bugs, unauthorized tampering, unauthorized intervention, fraud, technical failures, or any other causes. Maple Leaf shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest including without limitation any injury or damage to an entrant's or any other person’s computer equipment, system, software or any combination thereof, as a result of participation in the Contest or related to or resulting from any material related to this promotion, or any other matter, occurrence, act or omission arising in respect of the Contest. Subject to these Official Rules, only the number and kind of Prizes contemplated to be available to be won in the Contest will be awarded in the Contest.
22. Maple Leaf and its agents are not responsible for printing, distribution or production errors in or related in any way to the Contest. Subject to any required governmental approval, Maple Leaf reserves the right, in its sole discretion and without prior notice, to amend, cancel, close, suspend or reinstate the whole or any part of the Contest at any time, for any reason whatsoever, without liability or notice.
23. The Contest is void where prohibited by law and is subject to all applicable federal, Provincial and municipal laws and regulations.
24. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between eligible persons and Maple Leaf in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. All eligible persons, Maple Leaf, and all other parties hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Contest or these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.
25. For residents of the Province of Quebec, any litigation respecting the conduct or organization of this Contest may be submitted to the Régie des alcools, des course et des jeux (the “Régie”) for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
©Copyright Maple Leaf Foods Inc. 2010. All Rights Reserved