HOW TO PLAY: Write a story or submit a video on the topic “Your Curling Moments/Experiences And How Tim Hortons Was Part Of It” and submit your story online (see section 4 “How to Enter” for more detail). Stories must not exceed 2000 characters.
CONTEST PERIOD: The Tim Hortons Canadian Curling Trials Trip Contest (the "Contest") begins October 5, 2009 at 12:01 A.M. EDT and ends on November 15, 2009 at 11:59:59 P.M. EDT (the "Promotion Period"). The winner will be determined by panel of judges by November 20, 2009.
ELIGIBILITY: The Contest is open to legal residents of Canada and the United States and Washington D.C. (except Vermont, Hawaii, Florida, Alaska and Puerto Rico). Void in AK, FL, HI, PR, VT, and where prohibited by law. Entrants must be 13 years of age or older on October 5, 2009 (each an “Entrant”). If an Entrant is 13 years or older but less than the age of majority in their province or state of residence on October 5, 2009 the Entrant shall be considered an eligible minor (“Eligible Minor”).
For Entries submitted on November 15, 2009, to be eligible, the story or video must be submitted and posted by no later than 11:59:59 P.M. EDT to be entered into the Contest. Each Entrant who participates in the Contest fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Tim Hortons Advertising and Promotion Fund (Canada) Inc. and The Tim’s National Advertising Program, Inc. (collectively the "Sponsor"), which shall be final and binding in all respects. The Sponsor's computer servers shall serve as the official clock for all purposes of this Contest.
Individuals who were or are (a) directors, officers, employees or agents of Sponsor, Canadian Curling Association, or of any representative of Sponsor, Canadian Curling Association, or of any of Sponsor's parent, franchisees, subsidiaries, affiliates or agents including Sponsor's advertising, promotion and public relations agencies; (b) individuals engaged in the development, production, distribution or supply of materials or prizes for the Contest; and (c) persons who are or purport to be immediate family (defined as mother, father, sister, brother, daughter, son or spouse) of any person in any of the preceding categories, regardless of where they live, and any persons who reside in the same household, whether related or not, to any person in any of the preceding categories are not eligible to enter the Contest.
HOW TO ENTER:
How to enter: To enter the Contest, log onto www.everycup.ca; www.everycup.com (English) or www.uncafeunehistoire.ca (French) (each individually or collectively referred to as the "Website"). If you have not previously registered, please complete the registration form to be eligible to submit your story. If you are already registered, then submit your story via the “Tell Your Story” link. You will be required to read and agree to these Official Rules by clicking on the check box marked "I Agree to the above Official Rules" (or the French language equivalent) to enter. Once your story (the “Entry”) is approved (see Guidelines and Restrictions below), it will automatically be entered in the Contest. Stories must not exceed 2000 characters.
Entry Guidelines: : By submitting your Entry: (i) you agree that your Entry conforms to the Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that either the Administrator or the Sponsor may remove your Entry and disqualify you from the Contest if it believes, in its sole discretion, that your Entry fails to conform to the Guidelines and Restrictions; and (ii) subject to the foregoing, you consent to the posting of your User Name, your city of residence and story on the Website during the Promotion Period, and, if selected as the winner of the Contest pursuant to section 6 hereof, for a period of time to be determined by Sponsor in its sole discretion.
Guidelines and Restrictions:
The story must be about the topic of “Your Curling Moments/Experiences And How Tim Hortons Was Part Of It”;
The story must be an original, true story;
The Entrant must complete his/her own Entry (the term Entry includes both the story and accompanying photo and/or video clip), and an Entrant cannot complete or send an Entry on behalf of another person;
Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, plagiarism or that constitutes copyright infringement;
Entry must not disparage Sponsor, the Contest Administrator, or any other person or party affiliated with the promotion and administration of this Contest;
Entry must not feature competitors of Sponsor;
Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot be obscene or offensive, endorse any form of hate or hate group;
Entry cannot defame, misrepresent or contain disparaging references about Sponsor or its products, or other people, products or companies;
Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any sensitive personally identifiable information, such as license plate numbers, personal names, e-mail addresses or street addresses;
Entry cannot contain copyrighted materials owned by others without permission;
Entry cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than Entrant, without permission;
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Entry cannot depict, and cannot itself, be in violation of any law.
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 the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, edit, use, publicly display the Story in any way, in any and all media, without limitation, and without consideration to the Entrant.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. 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 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 you.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) and that publication of the story via various media including Web posting, will not infringe on the rights any third party rights. Any such Entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
All Entries will be judged by the Sponsor. All Entrants irrevocably and unconditionally agree that all Entries will become the exclusive property of Sponsor, and none will be acknowledged or returned. Should Sponsor be required to limit the number of Entries accepted during the Promotion 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. 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. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries, which will be considered disqualified.
PRIZES:
Secondary Prizes Ten (10) Finalists (as that term is defined below) who have been successfully notified will win One Hundred Dollars ($100.00) worth of Tim Cards. Approximate Retail Value (“ARV”): $1,000.00 USD/ $1,000.00 CDN. Odds of winning depend upon the number of eligible Entries received and the number of points awarded pursuant to the judging criteria set forth in section 6 below.
Grand Prize: The Entrant of the winning story (as described below) wins a trip to the Tim Hortons Canadian Curling Trials to be held in Edmonton, Alberta. Prize package includes: Two (2) Return Flights to Edmonton, Alberta from Entrant’s departure city for arrival in Edmonton on Friday December 11, 2009 and depart Edmonton the morning of December 14, 2009. Three (3) Nights Accommodations in Edmonton, Alberta from December 11 – 13, 2009. (at the Westin Hotel). Two (2) tickets to the 2009 Tim Hortons Canadian Curling Trials Women’s Finals on Saturday December 12th, 2009. Two (2) tickets to the 2009 Tim Hortons Canadian Curling Trials Men’s Finals on Sunday December 13, 2009. All other expenses, including without limitation, food and drink, transfer to and from airports, spending money, etc shall be at the expense of the Entrant. ARV: $2,500.00 USD /$3,000.00 CDN.
Total ARV of all prizes: $3,500.00 USD /$4,000.00 CDN. Gift cards subject to the terms and conditions set by issuer. Limit one (1) prize per person/household. Prizes will be awarded in the currency of the prize winner’s country of residence.
JUDGING OF ENTRIES AND SELECTION OF FINALISTS:
Between November 15, 2009 and November 19, 2009 the Sponsor and a judging panel will select up to ten (10) stories from all eligible Entries received by the Entry Deadline (each a “Finalist”, collectively the “Finalists”). Eligible Entries will be evaluated on a points basis with the maximum number of points available being 100 points. Eligible Entries will be evaluated by the Sponsor as follows:
Up to 50 points will be awarded for how well your story is crafted (e.x. how well written the story is and how compelling the story is);
Up to 30 points will be awarded for how the story relates to your experience(s) at Tim Hortons or with Tim Hortons product; and
Up to 20 points will be awarded for the originality of the supporting photograph or video clip.
In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. The decisions of the judges are final and binding in all judging matters relating to this Contest.
(ii) Ten (10) potential Finalists will be contacted by the Administrator by e-mail by no later than November 19, 2009, using the email address provided by the Entrant at the time of Entry and each will win one $100 Tim Card (as defined in Section 5 (a) above). Potential Finalists will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release (collectively, the "Prize Claim Documents") within one (1) day after notification. The Prize Claim documents shall confirm the Prize Winner’s: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Contest Sponsor and` Administrator and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors, administrators and Tim Hortons Franchisees/Licensees (collectively, the "Releasees") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this 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; and (iv) grant to the Contest Sponsors the unrestricted right, in the Contest Sponsors' collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Photograph and the Description and prize winner's name, photograph, likeness, voice and biographical material, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.
If potential Finalist is an Eligible Minor, minor’s parent or legal guardian must sign and return all documents. If documents are not returned by November 19, 2009, or if finalist is found to be ineligible or not in compliance with these Official Rules, such Finalist will be disqualified.
Choosing from the ten (10) Finalists, the judging panel will select the best Entry, on the basis of the aforementioned judging criteria, who will win the Grand Prize. The potential Grand Prize winner will be contacted by e-mail by November 20, 2009 using the email address provided by the Entrant at the time of Entry. Prizes will be delivered by the Sponsor to the prize winners as soon as is practicable in the circumstances but in no event more than thirty (30) days after contesting closing. If a prize is won by an Eligible Minor, the prize will be awarded to the minor's parent or legal guardian who previously signed the Prize Claim Documents.
IF, DESPITE REASONABLE EFFORTS BY THE ADMINISTRATOR, ANY FINALIST DOES NOT RESPOND WITHIN THE INDICATED TIME OF THE ADMINISTRATOR'S OR THE SPONSOR’S NOTIFICATION ATTEMPT, OR IF A NOTIFICATION TO ANY FINALIST IS RETURNED AS UNCLAIMED OR UNDELIVERABLE TO THE CONTEST ADMINISTRATOR, SUCH FINALIST WILL FORFEIT HIS OR HER OPPORTUNITY TO PARTICIPATE FURTHER IN THE CONTEST, AND THE SPONSOR MAY, IN THEIR SOLE DISCRETION, SELECT AN ALTERNATE FINALIST FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED (I.E. THE ELIGIBLE ENTRY WITH THE NEXT HIGHEST RANKING BY THE PANEL OF JUDGES). FURTHER, IF A FINALIST WHO HAS BEEN SELECTED DECLINES TO PARTICIPATE FURTHER IN THE CONTEST, OR IS FOUND TO BE INELIGIBLE, OR HAS NOT COMPLIED WITH THESE OFFICIAL RULES, SUCH FINALIST WILL BE DISQUALIFIED AND THE SPONSOR MAY, IN THEIR SOLE DISCRETION, SELECT AN ALTERNATE FINALIST FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED (I.E. THE ELIGIBLE ENTRY WITH THE NEXT HIGHEST RANKING BY THE PANEL OF JUDGES). NEITHER THE CONTEST ADMINISTRATOR, NOR THE SPONSOR SHALL HAVE ANY LIABILITY FOR ANY FINALIST NOTIFICATION THAT IS NOT RECEIVED BY ANY FINALIST FOR ANY REASON, INCLUDING BUT NOT LIMITED TO LOST OR MISDIRECTED E-MAIL.
PRIZE RESTRICTIONS: Each prize winner is solely responsible for all federal, provincial, and/or local income taxes, sales tax, gift taxes, surcharges, service charges, processing and handling fees, and all other costs incurred in claiming prize(s). Prize transfers are not allowed, except with the express consent of Sponsor (which may be withheld for any reason). The prizes must be accepted as awarded and no substitutions, exchange, or conversion to cash will be made (except at the Sponsor’s sole option the Sponsor may substitute a prize having an approximate retail value of no less than the approximate retail value of the prize in question).
By participating in this Contest, Entrants agree to be bound by these rules and all decisions of the Sponsor which are final. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, Administrator, and each of their respective affiliates, subsidiaries, retailers, sales representatives, distributors, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Competition, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
For Residents of the United States, by accepting a prize, the winner agrees that its story will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her story, including, but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.
DISQUALIFICATION/FORCE MAJEURE: It is the Entrant's responsibility to ensure that he/she has complied with the conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of an email address. If a dispute cannot be resolved to Sponsor's satisfaction, the Entry will be deemed ineligible. No illegible, incomplete, forged, software generated or other automated entries will be accepted. Entries made by any other individual or any entity, and/or originating at any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Sponsor is not responsible for printing or typographical errors in any Contest-related materials, for stolen, lost, late, misdirected, damaged, incomplete, illegible email; or for transactions processed late or incorrectly due to computer or electronic malfunction. With respect to computer entries, sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor assumes no responsibility for any damage to an Entrant's or a third party's computer by participating in this Contest (including but not limited to the corruption/loss/destruction of any information/data stored therein). Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, 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 Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or any federal, provincial or local government law, order, or regulation, or order of any court or jurisdiction, then Sponsor shall have the right to modify, extend, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will randomly award the prizes from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Entrant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal 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 laws.
LANGUAGE DISCREPANCY: In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules or any Contest materials, the English version shall prevail, govern and control. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
ENTRANT'S PERSONAL INFORMATION: Personal information will only be collected, used and disclosed by Sponsor, the Contest Administrator and their respective designees for the purpose of administering the Contest in accordance with these Official Rules. For more information, see Sponsor's Privacy Policy posted on the Website.
QUEBEC RESIDENTS: Residents of the Province of Quebec may submit any litigation respecting the conduct of this publicity Contest 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.
INCONSISTENCY: 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 the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
WINNERS LIST: A list of winners will be available on the Website.
Sponsors: Tim Hortons Advertising and Promotion Fund (Canada) Inc. and The Tim’s National Advertising Program, Inc.
©Tim Hortons, 2009.