Yogen Früz Easter Hunt Contest – Terms and Conditions
1. PROMOTION DESCRIPTION: Yogen Früz Canada Inc. is hosting an Easter Hunt (the “Contest”) in which 6 prize winners (“Prize Winner”) will each receive a prize (“Prize”) in accordance with the rules of this Contest.
Entry in this Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each contestant and his or her parent or legal guardian if the contestant is an eligible minor, 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 (the “Sponsor”), which shall be final and binding with respect to all aspects of the Contest.
Sponsor reserves the right to amend these Terms and Conditions and/or cancel the Contest at its sole discretion.
2. ELIGIBILITY: The Contest is open to Canadian and U.S residents only, excluding Quebec and Puerto Rico, aged 13 years and older. Void wherever prohibited by law. Employees of the Sponsor, their respective affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and their immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of Sponsor or Sponsor Affiliates are not eligible.
3. CONTEST ENTRY DATES: The Contest starts at 7am EST on April 2, 2015 and ends April 6, 2015 at 11:59pm EST. The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Eastern Time unless expressly noted otherwise.
4. HOW TO ENTER:
To enter the Contest you must: (i) Find a *Hatching Chick or *Bunny emoji in the comments of Yogen Früz Instagram or Facebook posts. Emojis are hidden in posts from January 1, 2014 – March 30, 2015. *You can reference the correct emoji images on the contest page. (ii) Be the first to comment on the post after finding the emoji and tag @yogenfruz.
5. CONDITIONS OF ENTRY: Once submitted, Entries cannot be deleted, cancelled or modified. For an Entry to be valid, the submission must be visible to the Sponsor by April 10, 2015 after the Contest closes.
All Entries must be received by April 6, 2015 at 11:59pm EST. Contestants can submit multiple entries during this time. Each individual can only win one Prize. Proof of sending or submission will not be deemed to be proof of receipt of any Entry by Sponsor. Entries will be deemed to have been submitted at the time when the entry has been received by the Sponsor.
Contestant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein; (b) contestant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; Sponsor reserves the right to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with Sponsor’s images or if it is determined that the contestant has not otherwise complied with these Official Rules.
Sponsor reserves the right to disqualify an Entry for any reason, in its sole and absolute discretion.
6. PRIZES: There are six (6) prizes to be won, each a Prize available to be won.
Five (5) prizes for finding the Hatching Chick emoji (Total Approximate Retail Value: $265)
One (1) Grand Prize for finding the Bunny emoji (Total Approximate Retail Value $103)
Prize must be accepted as awarded and may not be substituted, transferred, or redeemed for cash or otherwise. Any other costs or expenses associated with the prizes not specified herein will be the responsibility of the selected winners. In the event of unforeseen circumstances, Sponsor reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into. Prize winner will be solely responsible for all federal, provincial and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“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. Unclaimed Prize(s) will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prizes 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, in any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules. The total ARV of all of the prizes awarded in this Sweepstakes is $368.00.
For clarity, an entrant shall not be allowed to win more than one Prize.
7. DETERMINATION OF WINNER: The winners will be the first eligible person to correctly identify the emoji (see “how to enter”). Winners will be notified by a reply on the social media platform they used to enter by April 10, 2015. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email. The 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 in entrant’s email account to receive email messages. The potential winners shall have seventy-two (72) hours after notification to claim their prize. In addition, the potential winners may be required to agree to an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”). If you are awarded the Prize and are 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 the Official Rules, of administration of the Contest, and of selection of all winners. Decisions of the Sponsor as to the selection of the winners will be final.
8. ODDS: Odds of winning will depend upon the total number of eligible Entries received.
9. ASSIGNMENT OF RIGHTS: Contestant hereby acknowledges that Entry and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, “Work”) is created for the Sponsor and the Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction.
By submitting an Entry, contestant 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 the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the 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 contestant’s Entry.
10. PUBLICITY RELEASE AND ACCESS: Entry constitutes permission (except where prohibited by law) to the Sponsor to use participant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
11. RELEASES: By entering the Contest, contestants agree to release and hold harmless Sponsor from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the website or Sponsor’s use of any of the rights granted herein. Sponsor assumes no responsibility for the conduct of any contestant or voter or the responses of anyone appearing in any Entry.
12. LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities, including, without limitation, any event attended as part of a prize, and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; any defects in any prize, any inability to use any prize, any damages or loss caused, or claimed to be caused, in whole or in part, directly or indirectly, as a result of acceptance or use of the prize; any lost, late, stolen, misdirected or damaged prizes; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest. The prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). No express or implied warranties are given and no affirmation of the Sponsor by word and/or inaction will constitute a warranty.
13. SPONSOR: The Sponsors is Yogen Früz Canada Inc., addressed at 210 Shields Court, Markham, Ontario, Canada, L3R 8V2
You understand that you are providing your information to Sponsor. The information you provide will only be used in connection with, or relating to, the administration of this Contest and support of the Sponsor social network pages (including, without limitation, any marketing communications you opt-in to receive from Sponsor) and in accordance with these Official Rules.
14. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provisions were not contained herein.
15. WAIVER: The Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
16. GENERAL: Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision. Participants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in the Sponsor’s sole and absolute discretion.
17 GOVERNING LAW: The Contest and the Official Rules shall be governed and construed in accordance with the Law of the Province of Ontario, and applicable Federal law. Any dispute shall be subject to the exclusive jurisdiction of the Province of Ontario.