OFFICIAL RULES AND REGULATIONS

Transcription

1 Plats du Chef Inc. HOW DO YOU LIKE YOUR SOUP? SWEEPSTAKES OFFICIAL RULES AND REGULATIONS NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA ONLY. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF CANADA, THE 50 UNITED STATES AND D.C. 18 YEARS OF AGE OR OLDER WHO ENTER FROM WITHIN CANADA, THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. THE Plats du Chef Inc. HOW DO YOU LIKE YOUR SOUP? SWEEPSTAKES (THE SWEEPSTAKES ) IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO THE SWEEPSTAKES SPONSORS AND NOT TO FACEBOOK. THE INFORMATION YOU PROVIDE WILL ONLY BE USED FOR THE ADMINISTRATION OF THIS SWEEPSTAKES AND IN ACCORDANCE WITH EACH SWEEPSTAKES SPONSORS PRIVACY POLICY (SEE BELOW). FACEBOOK IS COMPLETELY RELEASED OF ALL LIABILITY BY EACH ENTRANT IN THIS CONTEST. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE SWEEPSTAKES MUST BE DIRECTED TO THE SWEEPSTAKES SPONSORS AND NOT FACEBOOK. YOU MAY ONLY USE ONE (1) FACEBOOK ACCOUNT (THE ACCOUNT ) TO PARTICIPATE IN THIS SWEEPSTAKES. 1. CONTEST PERIOD: The Plats du Chef Inc. HOW DO YOU LIKE YOUR SOUP? Sweepstakes begins on Monday November 11, 2013 at 12:00:01 a.m. Eastern Time ( EST ) and ends on Tuesday, June 10, 2014 at (the Sweepstakes Period ). 2. SPONSOR/ADMINISTRATOR: Canadian Sponsor: Plats du Chef Inc., Montreal, Quebec H9B 3J1; U.S. Sponsor: Plats du Chef USA, Inc., Tustin, CA, (individually or jointly the Sponsor ). Administrator: The Marco Corporation, 470 Hardy Rd., Brantford, Ontario, Canada, N3V 6T1 (the Administrator ). 3. ELIGIBILITY: Sweepstakes is open to all legal residents of Canada and the 50 United States and the District of Columbia who have reached the age of 18 or the age majority in their state/province/territory of residence at the time of entry (whichever is higher), except that employees, representatives or agents (and members of such persons immediate family [spouse, parent children, sibling and their respective spouses] and those with whom such persons are domiciled, whether related or not) of the Sponsor its distributors, prize suppliers, advertising/promotion agencies and The Marco Corporation (collectively, the Sweepstakes Parties ) are not eligible to participate or win. By participating in this Sweepstakes, you agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the Rules ). Void where prohibited. 4. HOW TO ENTER - NO PURCHASE NECESSARY: To enter, go to facebook.com/platsducheffoods (the Website ) during the Sweepstakes Period and Like the official Plats du Chef Inc. Fan Page (note: this is not required if you have already Liked the official Plats du Chef Inc. Facebook Fan Page and you can Unlike the official Plats du Chef Facebook Fan Page at any time). Next, click to allow the Sweepstakes application, and then complete the five (5) question Survey (the Survey ). You cannot attempt to complete the Survey more than one (1) time during the Sweepstakes Period. Any attempt to complete the Survey more than one (1) time by any means (including, without limitation, by refreshing the page and/or using the back button) may result in disqualification. Once you have answered the Survey you will be required to fully complete the online entry form, which requires you to: (i) 1

2 enter your first name, last name, complete mailing address (including zip/postal code), valid address, ten digit telephone number, and (ii) agree to the terms and condition of these Rules. Once you have fully completed the entry form, click the Submit button to complete your entry (the Entry ). To be eligible, your Entry must be submitted and received within the Sweepstakes Period). There is a limit of one (1) Entry per person/ address permitted during the Sweepstakes Period. For greater certainty, you can only use one (1) address to enter the Sweepstakes. If it is discovered that you have attempted to: (i) obtain more than one (1) Entry per person/ address during the Sweepstakes Period; or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) address to enter the Sweepstakes; then (in the sole and absolute discretion of the Sponsor) you may be disqualified from the Sweepstakes and all of your Entries are subject to disqualification. Use of any automated, script, macro, robotic or other program(s) to enter is prohibited and will automatically result in disqualification. All eligible Entries submitted and received during the Sweepstakes Period in accordance with these Rules will be entered into the applicable random prize draws (see Rule 6). 5. THE MONTHLY PRIZES AND APPROXIMATE RETAIL VALUE: Monthly Prizes: There will be seven (7) Monthly Prizes available to be won, each consisting of Five Hundred Dollars ($ US or CDN, as determined by address listed by entrant on entry form), to be awarded in the form of a check (the Monthly Prize ). Total Approximate Retail Value: $3,500 USD-$3,500 CND. Without limiting the generality of the foregoing, the following general conditions apply to the Monthly Prizes: All prizes must be accepted as awarded and are not transferable.. Each Monthly Prize will only be awarded to the person whose verifiable full name and valid address appears on the official Sweepstakes entry form. Winners acknowledge that Sweepstakes Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize. Limit: one (1) Monthly Prize per person/household. FOR US RESIDENTS: Monthly Prize winners will be solely responsible for all federal, state and/or local taxes. FOR ALL WINNERS:. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law. 6. MONTHLY RANDOM MONTHLY PRIZE DRAWS AND WINNER SELECTION: There will be one (1) Monthly Prize available to be won per Month during the Contest Period, as follows: Month ( Month ) Month Start Date/Time Month End Date/Time Draw Date ( Draw Date(s) ) 1 November 11, 2013 at December 10, 2013 at December 17, December 11, 2013 at 3 January 11, 2014 at 4 February 11, 2014 at 5 March 11, 2014 at 6 April 11, 2014 at 7 May 11, 2014 at January 10, 2014 at February 10, 2014 at March 10, 2014 at April 10, 2014 at May 10, 2014 at June 10, 2014 at January 17, 2014 February 17, 2014 March 17, 2014 April 17, 2014 May 17, 2014 June 17, 2014 On each of the Draw Dates listed above in Brantford, Ontario at approximately 2:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries received to date during the Sweepstakes Period.. Non-winning eligible Entries automatically carry-forward to subsequent Months. The draw will be performed by an independent judging organization, whose decisions will be final and binding in all matters pertaining to the random drawing. The odds of winning depend on the number of eligible Entries submitted and received during the Sweepstakes Period prior to the applicable Month end date. Entries become property of sponsor and will not be returned. 2

3 The Sponsor or its designated representative will make three (3) attempts to contact each selected entrant beginning on each Draw Date by telephone or (using the information provided at the time of entry). If a selected entrant cannot be contacted within three (3) attempts or within ten (10) business days of the Draw Date (whichever occurs first), or if there is a return of any notification as undeliverable; then that selected entrant will be disqualified and any rights he/she may have had to the applicable Monthly Prize will be forfeited. Sponsor is not responsible for any change of address, mailing address and/ or telephone number of entrants. BEFORE BEING DECLARED A WINNER, each selected entrant will be required to sign and return within ten (10) business days of notification an Affidavit of Eligibility and a Liability/Publicity Release, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Monthly Prize as awarded; (iii) releases the Sweepstakes Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the Releasees ) from any and all liability in connection with this Sweepstakes, the selected entrant s participation therein and/or the awarding and use/misuse of the applicable Monthly Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/ or other use of the selected entrant s name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the internet, except where prohibited by law. If a selected entrant fails to return the properly executed Sweepstakes documents within the specified time, or is otherwise disqualified for any reason, then he/she will forfeit the applicable Monthly Prize and Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries. 7. SKILL-TESTING QUESTION AS APPLICABLE TO POTENTIAL WINNERS WHO ARE RESIDENTS OF CANADA: Any potential winner who is a resident of Canada will, along with the requirements as stated herein before being declared a winner, will also be required to correctly answer a time limited mathematical skill-testing question without mechanical or other aid to be administered by telephone, mail or , as designated by the Administrator. If a selected entrant who is a resident of Canada: (a) fails to correctly answer the skill-testing question; and/or (b) fails to return the properly executed Sweepstakes documents within the specified time, then he/she will forfeit the applicable Monthly Prize and Sponsor reserves the right, in its sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries. 8. GENERAL CONDITIONS: By accepting a prize, each entrant agrees to the use of his/her name, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet, except where prohibited by law. The Releasees will not be liable for any failure of the Website during the Sweepstakes; for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Sweepstakes Parties for any reason including, but not limited to, technical problems or traffic congestion on the internet or at any website; or any combination of the above. Further, the Releasees will not be liable for any injury or damage to an entrant s or any other person s computer related to or resulting from participating or downloading any material in the Sweepstakes. All Entries are subject to verification. The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor) to participate in this Sweepstakes. Failure to provide such proof in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Sweepstakes will be the Administrator s server machine(s). Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her Entries) who tampers with the entry process. By entering this Sweepstakes, entrants release and hold harmless the Releasees from any liability in connection with this Sweepstakes or participation in any Sweepstakes related activities or, if declared a winner, the use or misuse of a Monthly Prize. In particular, the Sweepstakes Sponsor will not be held responsible if for any reason the Monthly Prize winner is not satisfied with his/her Monthly Prize. Under no circumstances, including negligence, shall the Sponsor or Sweepstakes Parties be liable for; any claims, injuries, losses, damages or expenses of any kind (compensatory, direct, incidental, consequential, or otherwise) with respect to, or in any way arising from, this Sweepstakes or the prizes awarded. Sponsor will not be held responsible for any lost, misdirected, destroyed, incomplete, late, altered or damaged Sweepstakes Entries. Any attempt to undermine the legitimate operation of the Sweepstakes is a violation of laws and may be subject to remedies and damages, including criminal prosecution. The Sponsor and Sweepstakes Parties shall not be responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to, errors in advertising, the Rules, the announcement 3

4 of the winner(s), distribution of prizes, or any technical malfunctions. All Entries become property of the Sponsor and will not be returned. Should multiple users of the same account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized subscriber of said account at the time of entry will be considered the entrant. 9. GOVERNING LAW: Except where prohibited, by participating in the Sweepstakes, participants agree that: (i) except as otherwise specifically set forth in the Rules, any action arising out of or relating to these Rules or the rights and obligations of any Canadian participant and/or Sponsor shall be filed in the courts located in Toronto, Ontario and Canadian participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action; any action arising out of or relating to these Rules or the rights and obligations of any United States participant and/or Sponsor shall be filed in courts located in California and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to personal service or to a trial by jury is hereby waived; (ii) any and all disputes, claims, and causes of action arising out of or connected with the Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (iii) and any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorney s fees or other legal costs; (iv) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant s sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (iii) and (v) of this Rule 9; and (v) under no circumstances will participants be permitted, and participants hereby waive all rights to: (a) claim punitive, exemplary, special, incidental, indirect, and consequential damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs described in (iii) above; and (b) have damages multiplied or otherwise increased. For Canadian participants, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any Canadian participant and/or Sponsor shall be governed by and construed in accordance with the laws of the province of Ontario 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. For United States participants, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any United States participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of California without giving effect or regard to any principles or doctrines of conflicts of the law of the State of California or any other jurisdiction. If any provision of provisions of these Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Sponsor reserves the right, subject only to any applicable laws and regulations (and subject to the consent of the Régie des alcools, des courses et des jeux [the Régie ] with respect to the province of Quebec) to withdraw, suspend or amend this Sweepstakes (or to amend these Rules) in any way, and award the prizes from among all valid, non-suspect Entries received prior to action taken or as otherwise deemed fair and appropriate by sponsor 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 Sweepstakes as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel or suspend this Sweepstakes, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind. For Quebec residents: Any litigation respecting the conduct or organization of a publicity Sweepstakes may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the board only for the purpose of helping the parties reach a settlement. By entering this Sweepstakes, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Sweepstakes and in accordance with Sponsor s Canadian privacy policy, and with Sponsor s U.S. privacy policy unless the entrant otherwise agrees. If you are selected as a winner, your information may also be included in a publicly-available winner s list. 10. INTELLECTUAL PROPERTY All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Sweepstakes, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited. 4

5 11. LANGUAGE DISCREPANCY In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Sweepstakes-related materials, including, but not limited to: the Sweepstakes entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control. 12. WINNERS LIST Winner List requests must be received by July 17, For a list of winners send a self-addressed stamped envelope by July 10, to Plats du Chef Inc., 51 Kesmark Montreal (Quebec) H9B 3J1. U.S. residents may omit return postage. 5