Yogen Früz #YFDesignedByÜ Contest – Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
Entry in this Yogen Früz #YFDesignedByÜ contest (“Contest”) does not constitute entry into any other promotion, contest or sweepstakes. By participating in this Contest, each entrant and his or her parent or legal guardian if the entrant is an eligible minor (each an “Entrant”), unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Yogen Früz Canada Inc., 210 Shields Court, Markham, Ontario, L3R 8V2 (“Sponsor”), which shall be final and binding with respect to all aspects of this Contest. Sponsor reserves the right to amend these Official Rules and/or cancel this Contest at its sole discretion.
This Contest is open to Canadian (excluding the province of Quebec) and U.S. (including the District of Columbia and Puerto Rico, but excluding the territory of Guam) residents ONLY and is governed by applicable federal, state/provincial and local laws and regulations.
To enter the Contest, Entrant must: (i) Visit a participating full-serve Yogen Früz® store in Canada or the U.S. and purchase a frozen yogurt menu item with a frozen yogurt cup OR visit www.yogenfruz.com/yogenfruzturns30/ and print out the die-cut cup image from the website (ii) decorate Entrant’s cup (“Cup Design”); (iii) take a photo of Entrant’s original Cup Design (iii) Share the photo on Instagram, Twitter and/or Facebook using the hashtags #YFDesignedByÜ and mention @yogenfruz (see more details below).
A Follower will receive one (1) Entry (defined below) when he/she submits a Tweet or original photograph on Instagram or Facebook in accordance with these Official Rules.
Standard text messaging and/or data rates may apply to Followers who submit an Entry via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call Entrant’s service provider for pricing and service plan information and rates before mobile device participation.
Once submitted, an Entry cannot be deleted, cancelled or modified. For an Entry to be valid, the submission must be visible to the Sponsor on April 29, 2016 after the Contest closes.
An Entry that does not follow the above requirements (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest.
An Entry will be considered to be void (and an Entry will not be granted) if the Entry: (i) is incomplete or illegible; (ii) is not submitted and received during the Contest Period in accordance with these Official Rules; (iii) if submitting through Twitter, Facebook and/or Instagram, does not include Entrant’s original photograph, @YogenFruz and the Hashtag; (iv) if submitting through Twitter, does not conform to Twitter’s (140) character limitation including the Hashtag and original photo; (v) does not comply with the Twitter Terms of Service and Twitter Rules or Instagram Terms of Service and Instagram Rules, Facebook Terms of Service and Facebook Rules, including any technical requirements (i.e. file size limits for uploading or character restrictions); and/or (vi) is not in accordance with the specific Submission Requirements listed below (all as determined by Sponsor in its sole and absolute discretion).
Each Entry is subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. Entries will not be returned or acknowledged. Entries received from a Twitter, Facebook and/or Instagram Account associated with any organization, company, corporation, partnership or other entity will be void.
BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES AND TO THE TWITTER, FACEBOOK AND/OR INSTAGRAM TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF AN ENTRY ENTRANT SUBMITS. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY THE ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES.
Without limiting the generality of the requirements noted above in Section 3 above, to be eligible for an Entry in this Contest, any Tweet, photograph or Cup Design submitted must be unique and original (i.e. an Entrant cannot submit a Cup Design more than once and/or copy someone else’s Cup Design, in whole or in part, or take a photograph from the worldwide web and any written text must be in English only and that the Entry was submitted by the holder of the account and not by another individual on his/her behalf.
By participating in the Contest, each Entrant agrees to be legally bound by these Official Rules and by the interpretation of these Official Rules by the Sponsor and further warrants and represents that the Entry that he/she submits:
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN THE SPONSOR’S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to Sponsor’s Website. By entering, Entrant acknowledges that Sponsor has no obligation to use or post any Entry Entrant submits. Through submission of an Entry, Entrant hereby grants to Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, edit, use, publicly display Entrant’s name, image, username, social media post, city, State or Province of residence, in any way, in any and all media, without limitation, without consideration and without further notice to the Entrant.
Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.
By submitting an Entry, Entrants agree that his or her submissions are gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in an Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or further notice to the Entrant. Entrants acknowledge that, by acceptance of his or her submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Entrant.
Each Entrant irrevocably and unconditionally agrees that all Entries become the exclusive property of Sponsor upon submission in this Contest and hereby irrevocably assigns all of Entrant’s rights, title and interest throughout the world, including, without limitation, all copyrights, moral and other intellectual property rights, in Entrant’s Entry, including, without limitation, the Cup Design, photographs, drawings, design descriptions, posts and all derivatives thereof (individually and collectively, “Assigned Works”),, and they will not be acknowledged or returned. Entrant hereby agrees that he or she will not challenge or otherwise contest, directly or indirectly, Sponsor’s ownership rights in the Assigned Works. Entrant further agrees to cooperate with Sponsor in Sponsor’s protection and enforcement of the Assigned Works, including, without limitation, to execute any further documents necessary to affect Sponsor’s registration and ownership of the Assigned Works. Entrants waive all rights that they may have under any laws or statutes worldwide that concern “moral rights” or “droit moral” in connection with the Entry, unless prohibited by law. Should Sponsor be required to limit the number of Entries accepted during the Contest Period, whether due to technical reasons, lack of Entries or for any other reason, an announcement will be posted on the Website as soon as possible after such election has been made. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries, which will be considered disqualified.
Sponsor may produce and sell a cup inspired by the winning Cup Design at the sole discretion of the Sponsor and Sponsor Affiliates. Timing of production, availability of the cup and ultimate design for the cup will be determined at the sole discretion of Sponsor and Sponsor Affiliates. By entering, all Entrants irrevocably and unconditionally agree that their Cup Design becomes the exclusive property of Sponsor. Entrant waives any moral rights he/she may have in the Cup Design. Entrant agrees that Sponsor and Sponsor Affiliates may produce, distribute and offer for sale a Yogen Früz cup based on any Cup Design and reproduce and use Cup Design at the sole discretion of Sponsor and Sponsor Affiliates and without any remuneration or further notice to Entrant. The Cup Design may be modified and adapted at the sole discretion of Sponsor and Sponsor Affiliates for the purposes of producing and/or marketing the cup inspired by this Contest. Sponsor and Sponsor Affiliates are under no obligation to market the winning Cup Design and Entrant will not now nor in the future be paid a fee or royalty for granting to Sponsor these rights.
By entering the Contest and submitting an Entry, each Entrant agrees to release and hold harmless the Sponsor and Sponsor Affiliates, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Entry. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during this Contest, to modify, edit or disqualify any Entry if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary at any point, Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated Entrant. If the Sponsor determines, in its sole and absolute discretion, that any Entry does not comply with these Official Rules for any reason at any time, Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Entry and/or the associated Entrant. Disqualified Entries will NOT be judged.
The Releasees are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). Entrant’s Entry must remain active on his/her Twitter, Facebook or Instagram account throughout the Contest Period in order to be eligible for the Prize. Sponsor may not be able to view Entries or otherwise receive entries or detect participation from Twitter, Facebook or Instagram users whose accounts are set to “private” (i.e., where user has set his or her account so that only people the user has approved can view their posts) due to the way Twitter, Facebook or Instagram operates the Twitter, Facebook or Instagram service.
By submitting an Entry to this Contest as describe above, Entrant (the person who submitted the Entry) agrees to do business with Sponsor electronically and agrees that his/her act of submitting the Entry to this Contest is a binding form of Entrant’s electronics signature, which Entrant agrees binds him/her to these Official Rules.
Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion or as required by law). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. The approximate retail value (“ARV”) of five (5) years’ worth of free frozen yogurt is based on the price in British Columbia for one (1) small basic mix-it Yogen Früz® frozen yogurt per week at the price of CAD $3.95 multiplied by 260 weeks = $1,027.00. The ARV of the $1,000 cash prize towards a post-secondary education in an accredited College or University is $1,000. The Prize, in the amounts noted above, will be awarded in the winner’s local currency; provided, however, that no adjustment will be made for any difference in the exchange, tax or other rates To qualify for this Prize, the selected winner must be enrolled full-time in an accredited post-secondary institution. The winner must provide proof of enrollment. The ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as required by law.
Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. No more than the stated Prize will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the Prize. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules.
Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Twitter account, Facebook account or Instagram account associated with the selected Entry. There is a limit of one (1) Prize per person for this Contest. A person may continue to enter this Contest or any other contest hosted by the Sponsor or Sponsor Affiliates however he/she will not be eligible for any other prize.8. JUDGING CRITERIA: Judging will begin on April 30, 2016 at 12:01AM EST and end on May 13, 2016 at 9:59AM EST (the “Judging Period”). During the Judging Period, the Sponsor will judge all eligible Entries received during the Entry Period on the basis of creativity, originality, and style (“Judging Criteria”). All criteria will be weighed equally. Each Entry will be given a score (“Score”) to be determined by the Sponsor in its sole and absolute discretion. The one (1) Entrant associated with the Entry that receives the highest Score during the Judging Period will be selected as the winner of this Contest. In the event of a tie between two or more Entries based on the total Score, the eligible Entrant associated with the Entry (from amongst all such Entries that are tied) with the highest Score on creativity will be deemed to be the selected winner. The winner will win one (1) Prize.
ODDS OF BEING SELECTED DEPEND ON THE NUMBER AND CALIBER OF ELIGIBLE ENTRIES RECEIVED DURING THE ENTRY PERIOD.
On May 16, 2016 in Markham, Ontario, beginning at approximately 10:00 AM. EST, Sponsor will contact the winner by sending him/her a private message to the account.. The winner must reply to the private message by either direct message or by e-mail, within seventy-two (72) hours of receipt of the notification (the “Contact Period”), by following the instructions on the notification. During the Contact Period the winner must provide the Sponsor with a telephone number and e-mail address at which the winner can be reached. It is Entrant’s responsibility to set his/her account settings to accept messages by Sponsor and to check his/her Twitter, Facebook and/or Instagram account for such messages. Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space or service interruption or error. If the winner fails to respond to the Sponsor within the Contact Period, then he/she will be disqualified (and will forfeit all rights to a Prize), even if the winner’s name or Twitter/Facebook/Instagram account may have been publicly announced. A forfeited Prize will not be awarded. If the winner of the Prize is a minor, the Prize may be awarded to the winner’s parent or legal guardian.
Prior to being awarded the Prize, the winner will be contacted by e-mail, and will be required to sign and return, within forty-eight (48) hours, a declaration of eligibility and a liability/publicity release, which:
If a winner: fails to return the declaration of eligibility and a liability/publicity release within the specified time; or if there is a return of any notification as undeliverable, then winner will be disqualified and forfeit the Prize and Sponsor, at its sole and absolute discretion, may select the eligible Entrant associated with the eligible Entry with the next highest Score as the winner.
If Entrant is awarded the Prize and is unable to claim the Prize, there is no compensation. The Prize is non-transferable and cannot be redeemed for cash. Sponsor will have complete discretion over interpretation of these Official Rules, of administration of this Contest, and of selection of all winners. Decisions of the Sponsor will be final.
By participating in this Contest, each Entrant: (i) agrees to be bound by these Official Rules; (ii) agrees to release and hold harmless the Releasees from and against any and all claims, damages, threats, taxes, fees, fines, penalties, royalties, judgments, injunctive relief arising from or in connection with the Entry, photograph, post, use of Prize, etc. as well as any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (iii) releases the Releasees from any and all liability in connection with this Contest and his/her participation therein. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE OFFICIAL RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF SPONSOR AT ANY TIME.
The Releasees will not be liable for: (i) any failure of any service or website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an Entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in connection with this Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the Twitter, Facebook or Instagram account submitted at the time of entry (as determined in accordance with the official records of Twitter, Facebook or Instagram). An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter, Facebook or Instagram account associated with the selected Entry and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Official Rules.
Void wherever prohibited or restricted by law. Prize winners will be solely responsible for all applicable federal, state, provincial and local taxes on Prize. U.S. resident Prize winner will receive an IRS Form 1099 for the retail value of the Prize. All other expenses on the receipt and use of the Prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a Prize not accepted by winner will be forfeited. Winner’s first name, last initial, hometown and state will be disclosed on a Winner’s List which will be distributed upon request and as required by law. No groups, clubs or organizations may reproduce or distribute any portion of these Official Rules to its members. All Entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor and Sponsor Affiliates.
Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Official Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Sponsor that interferes with the proper conduct of this Contest as contemplated by these Official Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Contest, or to amend these Official Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entrants and/or Entries.
Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any Entrant or Entries with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Sponsor, in its sole and absolute discretion, affect the proper administration of this Contest as contemplated in these Official Rules, or for any other reason. In no event will Sponsor be liable for more than the stated number of Prizes available to be awarded.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: Sponsor’s website and/or point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsor, and Entrant hereby waives any and all claims he/she may have had, may have, and/or may have in the future, that any Cup Design accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Entrant acknowledges and agrees that Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Entrant’s Entry.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein and Sponsor hereby reserves the right to amend and replace the provisions found to be invalid or unenforceable consistent with then-current law and the original intent of Sponsor and these Official Rules.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or any of the other the Releasees in connection with this Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in the jurisdiction in which the Entrant resides, for any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
Sponsor: Yogen Früz Canada Inc., 210 Shields Court, Markham, Ontario L3R 8V2.
Winner’s List: Entrants can request a copy of the winner list for a period of 4 weeks after the Contest closes by writing to the Sponsor by mail at the above address Attention: #DesignedByÜ Contest or by private message on Twitter, Facebook or Instagram.
Yogen Früz® is a registered trademark of Yogen Früz Canada Inc. All other trademarks referenced in these Official Rules are the property of their respective owners.