Official Rules - Tim Hortons Share A Moment, Share A Coffee Contest 2011
1. HOW TO PLAY: Write a story on the topic "Tim Hortons Coffee" and submit your story online (see section 4 "How to Enter" for more detail). Stories must not exceed 2,500 characters.
2. CONTEST PERIOD: The "Share A Moment, Share A Coffee" Contest (the "Contest") begins Thursday September 1st, 2011 at 12:01 A.M. EDT and ends on Sunday October 9th, 2011 at 11:59:59 P.M. EDT (the "Qualifying Phase"). The Voting Phase (as defined below) will run from Monday October 17th, 2011 at 12:01 A.M. EDT to Sunday October 30th, 2011 at 11:59:59 P.M. EDT (the "Voting Phase").
3. 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 September 1, 2011 (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 September 1, 2011 the Entrant shall be considered an eligible minor ("Eligible Minor").
For Entries submitted on Sunday October 9th, 2011, to be eligible, the story 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") and Henderson Bas Kohn (referred to as the "Administrator"), which shall be final and binding in all respects. The Sponsor's agent'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 or the Administrator or of any representative of Sponsor or the Administrator, 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; (c) Tim Hortons' franchisees and employees, and (d) 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. Employees of Tim Hortons' franchisees as described in this paragraph are limited to those employees who are providing services in any way to the Tim Hortons restaurant.
4. HOW TO ENTER:
(a) 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 during the Qualifying Phase. You will be required to read and agree to these Official Rules by clicking on the check box marked "I have read and agree to the Contest Rules & Regulations. " (or the French language equivalent) to enter. The submitted story must be about Tim Hortons Coffee in order to be eligible to win. By way of example only, Eligible Minors are encouraged to tell stories about their family members drinking Tim Hortons Coffee. Once your story (the "Entry") is approved (see Guidelines and Restrictions below), you will then be automatically entered. Limit one (1) Entry per person per day during the Qualifying Phase. Stories must not exceed 2,500 characters. No purchase or payment of any kind is necessary to enter or win.
(b) 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 first and last name, your city of residence and story on the Website during the Qualifying Phase, and, if selected as a Finalist in the Contest pursuant to section 6 hereof, during the Voting Phase, 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:
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR'S WEBSITE, AT 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 Entry in any way, in any and all media, without limitation, and without consideration to the Entrant.
ENTRIES POSTED TO THE WEBSITE ARE 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. In the event that you are the winning Entrant, Sponsor can use your name, voice, and/or photograph in any publicity or advertisement carried out by Sponsor (including, but not limited to, being promoted in the regional press releases announcing the winning Entrant), without further remuneration, except where required by law. 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 of any third party rights. Any such Entrant will indemnify and hold harmless, Sponsor from any claims to the contrary.
(c) For all Entries: 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 Qualifying Phase, 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.
5. PRIZE INFORMATION: There are three tiers of prizing available in the Contest as follows:
(A) Grand Prize: The Entrant of the story that obtains the most votes in accordance with section 6 will win Five Thousand Dollars ($5,000) worth in Tim Cards. ARV: $5,000 USD/ $5,000 CDN.
(B) Secondary Prizes: Four (4) Entrants of the stories that obtain the most votes after the first place winner in accordance with section 6 will win Five Hundred Dollars ($500) worth in Tim Cards. ARV: $500 USD/$500 CDN.
(C) Consolation Prizes: Five (5) Entrants that obtain the most votes after the Secondary Prize winners in accordance with section 6 will win a Fifty dollar ($50) Tim Card. ARV: $50 USD/$50 CDN.
Total ARV of all prizes: $7,250.00 USD/ $7,250.00 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.
6. JUDGING OF ENTRIES AND SELECTION OF FINALISTS AND VOTING:
(i) ROUND ONE: After the close of the Qualifying Phase, between Monday October 10th, 2011 at 12:00:00 A.M. EDT and Sunday October 16th, 2011 at 11:59:59 P.M. EDT the Sponsor will select up to ten (10) stories from all eligible Entries received by the Entry Deadline (each a "Finalist", collectively the "Finalists"). The selection criteria will be based on quality and originality of the eligible Entrants' Tim Hortons Coffee story at the discretion of the Sponsor (the "Judges").
(a) 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);
(b) Up to 30 points will be awarded for how the story relates to your coffee experiences at Tim Hortons; and
(c) 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.
Ten (10) potential Finalists will be contacted by the Administrator by e-mail by no later than Monday October 17th 2011, using the email address provided by the Entrant at the time of Entry. For an Entrant to be declared a Finalist, each potential Finalist 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 seven (7) days 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 October 21, 2011, or if potential Finalist is found to be ineligible or not in compliance with these Official Rules, such potential Finalist will be disqualified.
(ii) ROUND TWO, VOTING PHASE: Once the Finalists have been selected by the Judges, each verified Finalist's story submitted as part of his/her Entry will be posted on the Website, together with the Finalist's User Name, first and last name, and City of residence. The Voting Phase will commence October 17, 2011 at 12:01 A.M. EDT to and ending October 30, 2011 at 11:59:59 P.M., the public will be invited to vote for their favourite story using the online poll available on the Website. Registered Website visitors will be eligible to vote for their favourite story. Limit one (1) vote per person, per story, per day during the Voting Phase. Online voting will account for one hundred percent (100%) of the overall score. The Finalist whose story receives the highest number of votes during the Voting Phase will be declared the potential Grand Prize winner of the Contest. In the event of a Voting tie, the Entrants with the most votes will be judged by the Judges and their decision shall be final and binding. Any attempt by the Finalist and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify Finalist in Sponsor's reasonable discretion. The decisions of the Judges are final and binding in all judging matters relating to this Contest.
The potential Grand Prize winner will be contacted by e-mail within three (3) to five (5) days after the closing of the Voting Phase using the email address provided by the Entrant at the time of Entry and instructed as to how the Grand Prize can be claimed. Upon notification and BEFORE BEING DECLARED THE GRAND PRIZE WINNER, if a Canadian resident, the selected entrant must first, unaided, correctly answer a time-limited mathematical skill-testing question. The skill-testing question will be administered online or by telephone. If the selected Entrant: (a) cannot be contacted by phone or email by November 5, 2011; or (b) fails to return the contest documents within the specified time, then he/she will forfeit the prize and their opportunity to be a winner and the next Eligible Entrant will be selected in the manner as stated below.
In the event that the selected entrant is unable to correctly answer the skill-testing question, the Sponsor will select the next Eligible Entrant, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard.
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 sixty (60) days after the end of the Voting Phase. To be eligible to claim a prize, a person must be a legal resident of Canada or the United States who has reached the age of majority in the state, province or territory in which he/she resides. 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 IN EITHER ROUND ONE OR ROUND TWO DOES NOT RESPOND WITHIN THE INDICATED TIME OF THE ADMINISTRATOR'S OR THE SPONSOR'S NOTIFICATION ATTEMPT, OR IF A NOTIFICATION TO ANY ROUND ONE OR ROUND TWO 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. THIS PROCESS SHALL CONTINUE UNTIL A WINNER IS DETERMINED OR ALL FINALISTS ARE DISQUALIFIED. IN THE EVENT THAT ALL FINALISTS ARE DISQUALIFIED, THE SPONSOR SHALL AWARD THE PRIZE BY RANDOM DRAW OF ALL REMAINING ENTRANTS.
7. ODDS: The odds of being selected as a Finalist depend on the total number, calibre and timing of entries received during the Qualifying Phase. Odds of a Finalist being selected as the Grand Prize winner are 1 in 10. Odds of winning depend upon the number of participating voters and the number of votes received by each Finalist. If it discovered that you attempted to enter more than once per Qualifying Phase, all of your entries will be void.
8. 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).
9. GENERAL CONDITIONS: 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 Contest, 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.
10. 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 email account holder of an email address. "Authorized email account holder" is defined as the natural person who is assigned to an email address by Internet access provider, online service provider, or other organization (e.g. business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with submitted email address. The Finalists may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the potentially winning entry. 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 the aid of computer software programs to auto-fill entries and/or commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Sponsor reserves the right to disqualify all such Entrants from future contests conducted by Sponsor without further notice. 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.
11. 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.
12. 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.
13. 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. By entering this Contest, 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 Contest and in accordance with Sponsor's Privacy Policy (available at www.timhortons.com), unless the Entrant otherwise agrees.
14. 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 (the "RACJ") for a ruling. Any litigation respecting the awarding of a prize may be submitted to the RACJ only for the purpose of helping the parties reach a settlement. In Quebec, any litigation respecting the conduct or organization of this publicity contest may be submitted to the RACJ for a ruling. Any litigation respecting awarding of a prize may be submitted to the RACJ only for the purpose of helping the parties reach a settlement.
15. 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.
16. A list of all Finalists and the Grand Prize winner, which includes their respective first and last name, 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, 2011.
©2011 Tim Hortons | Site Feedback | Site Requirements | Privacy Policy | Terms of Use | timhortons.com
