SIR CORP. RECIPE CHALLENGE
THE SIR CORP. RECIPE CHALLENGE (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN ONTARIO, CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN AND PROVINCIAL LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THE PROVINCE OF ONTARIO OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).
1.ELIGIBILITY. To be eligible for this Contest, an individual must:
(a)be a legal resident of the Province of Ontario;
(b)be eighteen (18) years of age or older at the time of entry; and
(c)be the sole owner of all right, title and interest (including copyright) in and to the Recipe (as defined below) submitted in connection with the Contest.
Employees of SIR Corp. (the “Contest Sponsor”), its respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.
The Contest Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Contest Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Contest Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
2.CONTEST PERIOD. The Contest begins at 10:00 a.m. Eastern Daylight Time (“EDT”) on Monday, June 20, 2011 and ends at 5:00 p.m. ET on Friday, November 16, 2012 (the “Contest Period”) after which time the Contest will be closed and no further entries shall be accepted.
3.HOW TO ENTER.
(a)There is no purchase necessary to enter the Contest. Enter online as outlined below. No entries will be accepted by any other means.
(i)Complete and submit online the entry form located at www.recipechallenge.ca (the “Contest Website”).
(b)Each entrant must submit an online entry form together with one (1) original recipe only through the Contest Website template making sure that the recipe includes a listing of all ingredients and directions for preparation (the “Recipe”). The Recipe must be either an appetizer, entree, salad/vegetable or dessert. Entrant may enter more than one Recipe.
(c)By participating in this Contest, entrant represents and warrants that: (i) the Recipe does not contain any material that is libelous, defamatory, profane or obscene; (ii) the Recipe is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Contest Sponsor to use the Recipe as contemplated by these Contest Rules; and (iii) the Recipe does not infringe upon the intellectual property or other statutory or common law rights of any third party. Should any action be brought against the Contest Sponsor by a third party due to any intellectual property infringement by a Recipe the Contest Sponsor will seek remedies against the entrant of the applicable Recipe.
(d)All entries including the Recipe, become the sole property of the Contest Sponsor and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for the Finalist or Grand Prize.
(e)All online entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of the Contest Rules, “authorized account holder” of an e-mail address 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 responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected entrant may be required to provide the Contest Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning entry.
4.PRIZE.
(a)Finalist Prizes. There are three (3) finalist prizes (the “Finalist Prizes” and each a “Finalist Prize”) available to be won by the Finalist Prize winners (the “Finalists” and each a “Finalist”) consisting of a dinner for six (6) prepared by one of the Judging Chefs at a time convenient to both the Finalist and the Judge Chef.
(b)Grand Prize. There is one (1) grand prize (the “Grand Prize”) available to be won by the Grand Prize winner (the “Grand Prize Winner”) consisting of at trip for two to Napa Valley including a weekend class at the Culinary Institute of America. Further details to be provided and discussed with Grand Prize Winner.
(c)The Grand Prize is valued at Seven Thousand Five Hundred Dollars (CDN $7,500.00 CDN).
(d)The Grand Prize Winner is not entitled to monetary difference between the actual Grand Prize value and stated approximate Prize value, if any. Finalists are not entitled to any monetary compensation or remuneration for their Recipe, photograph, likeness or name appearing in any media whatsoever, including but not limited to related Contest Sponsor websites, social media websites, email blasts and menus in conjunction with this Contest.
(e)Grand Prize and Finalist Prizes are hereafter collectively referred to as a “Prize” or “Prizes”. Grand Prize Winner and Finalists are hereafter collectively referred to as a “Winner” or “Winners”.
(f)Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Contest Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Contest Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
(g)Shipped Prizes shall not be insured and the Contest Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
5.(A) FINALIST SELECTION.
There will be three Finalist contest periods with them individually ending on: March 30, 2012, August 3, 2012 and November 16, 2012 (each a “Finalist Contest Period”, collectively, “Finalist Contest Periods”). Selection of the Finalist in each Finalist Contest Period will be made within two weeks of the Final Contest Period (each a “Finalist Selection Date”, collectively, “Finalist Selection Dates”)
Three (3) Finalists shall be selected as follows:
(a) On or about the closing of each Finalist Contest Period all eligible entries received up to that point during each Finalist Contest Period will be judged by a panel of Chef Judges. Each entrant shall be eligible to win only one (1) Finalist Prize. The odds of being selected as a potential Finalist are dependent upon the number of eligible entries received by the Contest Sponsor. Before being declared a Finalist, the selected entrant shall be required to comply with the Contest Rules and sign and return the Release (described below). Entries not selected in each Finalist Contest Period will automatically carry over and be eligible for the remaining Finalist Contest Periods, if any.
(b)Entries will be judged on originality, appeal and taste. The Chef Judges, in their absolute discretion, shall select the Finalists based upon the above criteria. The decisions of the Chef Judges shall be final and binding and may not be challenged in any way.
(c)THE SELECTED FINALIST WILL BE NOTIFIED BY E-MAIL OR PHONE NO LATER THAN THREE BUSINESS DAYS FROM THE FINALIST SELECTION DATE AND THE SELECTED FINALIST MUST RESPOND WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION. Upon notification, the Selected Finalist must respond by telephone to the contact number provided in the notification to confirm the notification. If the Selected Finalist does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Contest Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Contest Sponsor is not responsible for the failure for any reason whatsoever of a Selected Finalist to receive notification or for the Contest Sponsor to receive a Selected Finalist’s response.
(d)If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contest’s closing date to award the correct number of Prizes.
(B) GRAND PRIZE WINNER SELECTION.
One (1) Grand Prize Winner shall be selected as follows:
(a)On January 16, 2013 (the “Grand Prize Selection Winner Date”) the three (3) Finalists’ Recipes will be judged by the Chef Judges from which the Grand Prize Winner will be selected and announced on January 31, 2013 (the “Grand Prize Winner Announcement Date”). Before being declared the Grand Prize Winner, he/she shall be required to comply with the Contest Rules and sign and return the Release (described below).
(b)Entries will be judged on originality, appeal and taste. The Chef Judges, in their absolute discretion, shall select the Grand Prize Winner based upon the above criteria. The decisions of the Chef Judges shall be final and binding and may not be challenged in any way.
(c)THE GRAND PRIZE WINNER WILL BE NOTIFIED IN PERSON, BY E-MAIL OR PHONE NO LATER THAN THREE (3) BUSINESS DAYS FROM THE GRAND PRIZE WINNER ANNOUNCEMENT DATE AND THE GRAND PRIZE WINNER MUST RESPOND WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION. Upon notification, the Grand Prize Winner must respond by telephone to the contact number provided in the notification. If the Grand Prize Winner does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another winner will be selected from the remaining Finalists in the Contest Sponsor’s sole discretion until such time as a Grand Prize Winner satisfies the terms set out herein. The Contest Sponsor is not responsible for the failure for any reason whatsoever of a Grand Prize Winner to receive notification or for the Contest Sponsor to receive a Grand Prize Winner’s response.
6.RELEASE. All Finalist Prize Winners and the Grand Prize Winner (the “Winners”) will be required to execute a legal agreement and release (“Release”) that confirms Winner’s:
(i)eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of the Contest Sponsor and its respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) grant to the Contest Sponsor the unrestricted right, in the Contest Sponsor’s collective or individual discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit,
distribute, translate, adapt and otherwise use and re-use the Recipe and/or Winner’s name, photograph, likeness, voice and biography in any and all media, including Sponsor’s menus, now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof without any remuneration. The executed Release must be returned within three (3) business days of the verification as a Winner or the selected entrant will be disqualified and the Prize forfeited.
7.INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.
8.RIGHTS CLEARANCE. By providing the Recipe to the Contest Sponsor in connection with the Contest, each entrant shall grant to the Contest Sponsor a worldwide, gratuitous, irrevocable, and exclusive licence to copy, use, modify, reproduce, display, adapt and transmit the Recipe for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest. The entrant hereby confirms that the Recipe is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Recipe or any part thereof. Additionally, entrant confirms that if the Recipe has been previously entered into another unrelated recipe contest that contest sponsor has no right to or the entrant has not entered into any contract assigning the rights of the Recipe to that contest sponsor. Contest Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to the Contest Sponsor that the Recipe does not infringe any copyright interest of any third party and that the Recipe is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. Contest Sponsor reserves the right to exclude any Recipe on the basis of concerns relating to the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by the Contest Sponsor in its sole discretion.
9.LIMITATION OF LIABILITY. The Contest Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Contest Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Contest Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Contest Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on
account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing The Contest Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Contest Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Contest Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest Website.
10.CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Chef Judges and Contest Sponsor, which shall be final and binding in all respects. The Contest Sponsors reserve the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest the Contest Website, or any canada.com website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any canada.com property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
11.PRIVACY / USE OF PERSONAL INFORMATION.
(a)By participating in the Contest, entrant: (i) grants to the Contest Sponsor the right to use the Entrant Information provided in the attached Schedule “A” including his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners; (ii) grants to the Contest Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Contest Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Contest Sponsor in connection with any of the activities listed in (i) and (ii) above.
(b)The Contest Sponsor will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with the Contest Sponsor’s Privacy Policy at: www.sircorp.com.
12.INTELLECTUAL PROPERTY. All Contest Sponsor’s trademarks and associated logos are property of SIR Royalty Limited Partnership (“SRLP”) (“Owner”) and are used by the Contest Sponsor and its affiliates under licence. Any reproduction of any of these marks or logos without expressed written consent of SRLP is strictly prohibited. .
13.TERMINATION. The Contest Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
14.LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Contest Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions 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.
15.LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.
Schedule “A”
I: Entrant Information:
The Entrant Information collected shall consist of the following information:
Email addressFirst Name
Last NameDate of BirthAddress
City
Province
Postal Code
Phone Number
II: Use of Entrant Information
Unless otherwise permitted hereunder and only where online Entrants have “opted in” for such uses, Entrant Information may be used solely for the following purposes:
1.Contest Sponsor’s Permitted Use: the Contest Sponsor may use Entrant Information to contact Entrant to: (i) promote draws, interactive features and contests similar to the Contest; (ii) promote opportunities to subscribe to Contest Sponsor’s newsletters and promotional clubs; and (iii) notify Entrants about programs and special events.
