KitchenAid & Chopped Canada Twitter Contest RULES AND REGULATIONS (“RULES”)
Twitter is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to Whirlpool Canada LP and not Twitter.
NO PURCHASE NECESSARY: The “KitchenAid & Chopped Canada Twitter Contest” (the “Contest”) is sponsored by Whirlpool Canada LP (the “Sponsor”). The Contest begins at 10:00:00 PM Eastern Time (“ET”) on April 10, 2014 and ends at 11:00:00 PM ET on April 10, 2014 (the “Contest Period”).
1. ELIGIBILITY: To enter the Contest, you must be a legal resident of Canada and be at least the age of majority at time of entry in the Province or Territory in which you reside and not be an employee of the Sponsor, its affiliated companies or agents, their respective advertising or promotional agencies, its media sponsors, or the third parties engaged by the Sponsor to assist it in administering the Contest or a member of any such employee’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the employee or not). In these Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner and/or spouse. The 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 Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. 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. HOW TO ENTER THE CONTEST:
No purchase necessary. Participants may enter the contest by earning “Ballots” in the contest in two ways:
a. Follow @KitchenAid_CA on Twitter during the Contest Period (limit one Ballot per user account)
b. “Tweet” during the Contest Period using the Hashtag #ChoppedCanada and the Twitter handle @KitchenAid_CA or @Chef_Lynn. You earn one Ballot per eligible tweet you send; there is no limit to the number of ballots you can earn this way. To be eligible, you must be following @KitchenAid_CA and your tweet must:
i. Be in accordance with the specific Submission Requirements listed below in Rule 3;
iii. Include the Hashtag #ChoppedCanada and the @KitchenAid_CA or @Chef_Lynn Twitter handle
iv. Comply with the Twitter Terms of Service and Twitter Rules available at https://twitter.com/tos; and
v. Conform to Twitter’s (140) character limitation, including the Hashtag.
To participate in this Contest, you must have a valid Twitter Account. If you do not have a valid Twitter Account, visit www.twitter.com and register in accordance with the enrolment instructions for a free Account.
Standard text messaging and/or data rates apply to participants who submit a Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
For greater certainty and the avoidance of any doubt, you can only use one (1) Twitter Account to participate in the Contest. If it is discovered by the Contest Sponsor (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor) that any person has attempted to use multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Contest Sponsor.
The Contest Sponsor and members of KitchenAid & Chopped Canada Twitter Contest Team reserve the right, in their respective sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor or the KitchenAid & Chopped Canada Twitter Contest Team – including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification, at the sole and absolute discretion of the Contest Sponsor.
3. TWEET SUBMISSION REQUIREMENTS:
BY SUBMITTING A TWEET, YOU AGREE THAT THE TWEET COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE TWITTER TERMS OF SERVICE AND TWITTER RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY TWEET YOU SUBMIT. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
By participating in the Contest, each entrant agrees to be bound by these Rules and by the interpretation of these Rules by the Contest Sponsor, and further represents, warrants, covenants and agrees to and with the Contest Sponsor that such entrant’s Tweet:
- is original to the entrant;
- will not violate any law, statute, ordinance or regulation;
- will not infringe the copyright, trade-mark or other intellectual property rights of any third party;
- will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- will not be defamatory, trade libelous, pornographic or obscene, and further that it will not describe, imply, depict, discuss or involve, without limitation, any of the following:
(ii) Alcohol/drug consumption or smoking;
(iii) Explicit or graphic sexual activity, or sexual innuendo;
(iv) Crude, vulgar or offensive language and/or symbols;
(v) Derogatory characterizations of any ethnic, racial, sexual or religious groups;
(vi) Content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct;
(vii) Personal information of individuals, including, without limitation, full names, telephone numbers and addresses (physical or electronic);
vi. Will not contain commercial messages, comparisons or solicitations for products or services other than products of the Contest Sponsor;
vii. Will not encourage conduct or other activities in violation of these Rules;
viii. Will not contain any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Contest Sponsor in its sole and absolute discretion; and
ix. Will not discredit the KitchenAid brand and/or product in any way (each of the foregoing conditions being a requirement for eligibility of a Tweet under these Rules)
By entering the Contest and submitting a Tweet, each participant: (i) without limiting the Twitter Terms of Service, grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Tweet in favour of the Contest Sponsor; and (iii) agrees to release and hold harmless the Contest Entities (see below) 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 Tweet. For greater certainty and the avoidance of any doubt, the Contest Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is necessary at any point, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet and/or the associated participant. If the Contest Sponsor determines, in its sole and absolute discretion, that any Tweet does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet and/or the associated participant. Tweets will NOT be judged.
A total of five (5) Prizes are available to be won (each a ‘Prize’). There is one (1) Grand Prize consisting of a choice between a KitchenAid® True Convection Gas Range (YKDRS807SS) valued at $2,499 MSRP†, or a KitchenAid® True Convection Electric Range (YKERS807SS) valued at $1,999 MSRP†. Four (4) Level 2 Prizes consisting of a Contour Silver KitchenAid® 13-Cup Food Processor with ExactSlice System (KFP1333CU) (valued at $299.99 MSRP†), a Frosted Pearl KitchenAid® 5-Speed Architect Series Blender (KSB655AFP) (valued at $199.99 MSRP†), a Cocoa Silver KitchenAid® Architect Series 5-Speed Hand Blender (KHB2561AC5) (valued at $149.99 MSRP†), and an Espresso KitchenAid® 9-Speed Architect Hand Mixer (KHM92OAES) (valued at $99.99 MSRP†). Each Prize must be accepted as awarded without substitution, is not transferable, assignable, not for resale and has no cash surrender value (in whole or in part). Fulfillment of each Prize is based on availability and the Sponsor reserves the right, in the event that a Prize cannot be awarded as described for any reason, to substitute another prize of equal or greater value, without liability. Prize includes delivery to one location in Canada.
5. RANDOM DRAWS:
There will be a total of five (5) random draws held on April 10, 2014 at or about 11:30PM ET in Toronto, ON by an independent judging organization from all eligible entries received. A Level 2 Prize winner is not eligible to win the Grand Prize. The five (5) random draws will occur as follows:
Prize 1: Selected entrant of the First entry drawn from all eligible entries will be eligible to win an Espresso KitchenAid® 9-Speed Architect® Hand Mixer.
Prize 2: Selected entrant of the Second entry drawn from all eligible entries will be eligible to win a Cocoa Silver KitchenAid Architect Series 5-Speed Hand Blender.
Prize 3 Selected entrant of the Third entry draw from all eligible entries will be eligible to win a Frosted Pearl KitchenAid® 5-Speed Architect® Series Blender.
Prize 4: Selected entrant of the Fourth entry drawn from all eligible entries will be eligible to win a Contour Silver KitchenAid® 13-Cup Food Processor with ExactSlice System.
Grand Prize: The selected entrant of the Fifth entry drawn from all eligible entries will be eligible to win the Grand Prize of a KitchenAid® True Convection Range from among all remaining eligible entries received during the Contest Period.
Odds of winning are dependent upon the number of eligible entrants.
No communication will be entered into except with the selected entrants who will be notified via private Twitter message within 3 hours of the close of the contest. If the selected entrant (a) does not respond to the Twitter message within three (3) business days of notification (b) fails to correctly answer the skill testing question (see rule 6); or (c) fails to return the properly executed Release Form within the specified time (see rule 6), then he/she will be disqualified and another entrant will be selected by the same process until such time as a winner is declared or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.
6. In order to win a Prize, the selected participant must correctly answer, unaided, a time-limited arithmetical skill-testing question to be administered by email. The selected entrant will also be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with the Rules, acceptance of the Prize as awarded, without substitution, and releasing the Sponsor, its dealers, agents, affiliated and related companies, advertising and promotional agencies and their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively, the “Releasees”) from any liability arising out of or in any way connected with the operation of this Contest and use of the Prize and return it to Sponsor within 14 days of its receipt. The Prize winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of the Prize and from and against any and all claims. The Release Form must be returned within the time period specified on the Release Form or the Prize may be forfeited. Upon receipt, Sponsor, or its representative, will inform each winner of details related to how the winner will receive the Prize.
7. The Releasees shall not be liable for any damages caused or alleged to be caused by or resulting from any entry, Prize or other correspondence or data that is lost, stolen, late, garbled, distorted, delayed, damaged or misdirected for any reason, including but not limited to: (i) any failure, interruption, technical malfunction or delay; (ii) any e-mail, text or other communication sent or received to or from the Sponsor or any of its agents or designees, for any reason; (iii) for any incorrect, untimely or inaccurate information, whether caused by the website where this Contest was featured, users or by equipment or programming errors associated with or utilized in the Contest; (iv) any technical or human error which may occur in the processing of any entry or entries in the Contest; for problems with the function of any website or website feature, howsoever caused; (v) the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data, software, online systems, servers or access providers; (vi) any functionality lost due to not having cookies enabled; (vii) for traffic congestion on the Internet; (viii) the security or privacy of information transmitted via computer networks; (ix) breaches of privacy due to interference by third party computer “hackers” or for any damage caused to or incurred by any entrant or any other person by reason of any such event or occurrence; or (x) technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant’s ability to participate in the Contest.
8. By entering the Contest, each selected entrant hereby grants to the Sponsor the unlimited right (but not the obligation) to publish and use, without payment or other compensation and without notice, consent or approval, his/her name, photograph and likeness, address (city/town, province or territory), voice, and the whole or part of any statement or statements he/she has made or makes about the Contest or Prize awarded in any publicity, program or advertising, without geographic limit and in perpetuity, in any medium now known or hereafter devised (including, without limitation, the Internet), and hereby consents unconditionally to any such publication or use without further notice, consent, approval or compensation.
9. The Sponsor reserves the right to disqualify any individual that it finds to be violating these Rules or tampering with the entry process. The Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt by anyone to deliberately undermine the legitimate operation of this promotion is in violation of criminal and civil laws and the Sponsor reserves the right to seek damages or other legal remedy to the fullest extent permitted by law. The Sponsor reserves the right to terminate the Contest, suspend the Contest or to amend these Rules at any time without notice if any factor interferes with the proper conduct of the Contest as contemplated by these Official Rules. The Sponsor is not responsible for printing, distribution or production errors. Entry material/data that have been tampered with or altered are void. The use of an invalid email address will disqualify the entry. Users spamming the same email address will disqualify the entry.
10. In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder (defined below) of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is: (a) assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address with the selected entry. If the identity of an entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address. The sole determinant of the time for the purposes of a valid entry in this Contest will be the contest server machine(s).
11. The Sponsor reserves the right to cancel or suspend this Contest or change these Rules for any reason, at any time, at its sole discretion, without notice to participants, including but not limited to lack of entrants, a virus, bug or other cause beyond the reasonable control of the Sponsor corrupting the security or proper administration of the Contest.
12. All entries become the permanent property of the Sponsor and none will be returned. No correspondence will be entered into, except with the selected entrants. The Contest is subject to all applicable Canadian federal, provincial and local laws and regulations. This Contest is VOID WHERE PROHIBITED BY LAW AND IS EXPRESSLY NOT OPEN TO PARTICIPATION BY RESIDENTS OF ANY JURISDICTION OTHER THAN CANADA.
For Québec residents only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie 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.
®/™ © KitchenAid 2014. Used under license in Canada. All rights reserved.
*MSRP is the Manufacturer’s Suggested Retail Price. Dealer prices may vary.