KITCHENAID® #GINGERBREADTO CONTEST RULES & REGS
By entering this Contest, entrants agree to abide by these Contest rules and regulations (the “Official Rules”). The decisions of the independent Contest organization with respect to all aspects of the Contest are final. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, and/or Twitter. You understand that you are providing your information to the Sponsor and not to Instagram, Facebook, and/or Twitter. The information you provide will only be used to administer the Contest in accordance with the Sponsor’s privacy policy. Instagram, Facebook, and/or Twitter are completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Instagram, Facebook, and/or Twitter.
1. CONTEST PERIOD: The KitchenAid® GingerbreadTO Contest (the “Contest”) is sponsored by Whirlpool Canada LP (the “Sponsor”). The Contest begins at 9:00:00 AM Eastern Time (“ET”) on November 18, 2016 and ends at 11:59:59 PM ET on December 23, 2016 (the “Contest Period”).
2. ELIGIBILITY: To enter the Contest and be eligible to win, a person (“Entrant”) must, at time of entry, (i) be a legal resident of Canada who has reached the age of majority in his/her province/territory of residence; (ii) have a device enabled to Instagram, Facebook, and/or Twitter; and (iii) not be an employee, representative or agent of the Sponsor or the independent Contest organization (together the “Contest Parties”), or any of their affiliated and related companies and, if applicable, their respective advertising or Contest agencies, or a member of the immediate families of, or a person domiciled with, any of the above. In these Official Contest Rules & Regulations (the “Official Rules”), “immediate family” means mother, father, brothers, sisters, sons, daughters and/or legal or common-law spouse.
3. HOW TO ENTER THE CONTEST: During each weekly Contest period (see rule 4), visit the Sponsor’s window display at the Canadian Tire located in the CF Toronto Eaton Centre, located at 65 Dundas St W, Toronto, ON M5G 2C3 (“GingerbreadTO”). The Entrant will post a photo (the “Contest Post”) of “GingerbreadTO” on their personal Facebook, Instagram and/or Twitter page(s). They are eligible to post once per media (Facebook, Instagram and/or Twitter) per week of the Contest (rule 6). Entrants must use the hashtag #GingerbreadTO in order to be eligible for the Contest. Upon doing so, entrant will receive one (1) entry (an “Entry”) into the applicable prize draw (see rule 8). Any Entries that do not satisfy the requirements set out in rule 5 will be ineligible for entry into the Contest. Entries must be received by each Weekly Contest Period end date and time (see rule 6) in order to be entered into the applicable Weekly Contest Period draw. Entrants are subject to Instagram’s, Facebook’s and Twitter’s Terms of Use; these can be found at http://instagram/com/legal/terms/# for Instagram, https://twitter.com/tos?lang=en for Twitter, and https://www.facebook.com/terms for Facebook. Sponsor is not responsible in any way for any decisions Instagram, Facebook, and/or Twitter make regarding an Entrant’s account with Instagram, Facebook, and/or Twitter.
4. ENTRIES: There is a limit of one (1) Entry per Weekly Contest Period per person per Instagram, Facebook and/or Twitter Account. You may only use one (1) Instagram Account per person, one (1) Facebook account per person, and one (1) Twitter account per person. In the event it is determined that an Entrant has entered in a fashion not sanctioned by these Official Rules and/or has submitted more than the number of Entries permitted by these Official Rules, the Entrant will be disqualified and all of the Entries submitted by the Entrant will be disqualified. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Sponsor will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled or incomplete entries, which will be void. In the event an Entrant uploads inappropriate content or enters contrary to these Official Rules or to Instagram’s, Facebook’s and/or Twitter’s Terms of Use, in the sole discretion of the Sponsor, the Entrant will be disqualified from the Contest. Anyone found “spamming” by posting multiple unrelated updates, comments or pictures or by sending duplicates to #GingerbreadTO through Instagram, Facebook, and/or Twitter unrelated to the Contest will be disqualified from the Contest. All Entries become the property of the Sponsor upon receipt and none will be returned. By posting through Instagram through a wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your device. Other charges may also be applied by your wireless carrier. Proof of participation by wireless mobile device is not a condition of entry.
5. COMMENT FORMAT AND CONTENT:
i. Each submitted entry:
a. must be publicly posted to Facebook, Instagram and/or Twitter account of the Contest entrant;
b. must include the hashtag #GingerbreadTO;
c. must not, in the sole and unfettered discretion of the Sponsor, contain any sexually explicit, disparaging, discriminatory, libellous or other inappropriate content, including, but not limited to, crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, violent, inappropriate or risky behaviour or conduct (including but not limited to the use of alcohol or drugs); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic);
d. must contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for all persons;
e. must not contain any copyrighted works (other than as owned by the Entrant or the Sponsor) nor 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;
f. must not contain commercial messages, comparisons or solicitations for products or services; any identifiable third-party products and/or trade-marks, brands or logos (other than the Sponsor);
g. must not violate any law, statute, ordinance or regulation;
h. must not contain any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.
6. WEEKLY CONTEST PERIODS: The Contest Period will be divided into six (6) Weekly Contest Periods and are as follows:
CONTEST PERIOD
START DATE & TIME
END DATE & TIME
Draw Date
1
Starts at 9:00:00 AM ET on November 18, 2016
Ends at 11:59:59 PM ET on November 25, 2016
November 28, 2016
2
Starts at 12:00:00 AM ET on November 26, 2016
Ends at 11:59:59 PM ET on December 2, 2016
December 5, 2016
3
Starts at 12:00:00 AM ET on December 3, 2016
Ends at 11:59:59 PM ET on December 9, 2016
December 12, 2016
4
Starts at 12:00:00 AM ET on December 10, 2016
Ends at 11:59:59 PM ET on December 16, 2016
December 19, 2016
5
Starts at 12:00:00 AM ET on December 17, 2016
Ends at 11:59:59 PM ET on December 23, 2016
December 27, 2016
6
Starts at 12:00:00 AM ET on December 24, 2016
Ends at 11:59:59 PM ET on December 30, 2016
January 3, 2017
NOTE: Entries will not be carried over into the following Weekly Contest Period.
7. PRIZES: There will be six (6) prizes (each a “Prize”) available to be won, with one (1) Prize awarded in each Weekly Contest Period (see rule 6). Each Prize consists of a KitchenAid® product. The prizes are: (1) KitchenAid® Artisan Mini Stand Mixer, Empire Red (model # KSM3311XER, retail value of this prize is $549.99 (CDN) (MSRP)) with a KitchenAid® Spiralizer Attachment (model # KSM1APC, retail value of this prize is $129.99 (CDN) (MSRP)). Total prize retail value is $679.98 (CAD) (MSRP), (2) KitchenAid® 7 cup Food processor (model # KHB2561QG). Total prize retail value is $169.99 (CAD) (MSRP), (3) KitchenAid® Artisan® Stand Mixer, Crystal Blue (model # KSM150PSCL, retail value of this prize is $399.99 (CDN) (MSRP)) with a KitchenAid® Pasta roller Attachment (model # KSMPSA, retail value of this prize is $149.99 (CDN) (MSRP)) Total prize retail value is $549.98 (CAD) (MSRP), (4) KitchenAid® Pour Over Coffee Maker (model # KCM0802OB) Total prize retail value is $259.99 (CAD) (MSRP), (5) KitchenAid® Professional 5™ Plus Series Stand Mixer, silver (model # 4KV25H0XMC, retail value of this prize is $679.99 (CAD) (MSRP)) with a KitchenAid® Spiralizer Attachment (model # KSM1APC, retail value of this prize is $129.99 (CDN) (MSRP)). Total prize retail value is $809.98 (CAD) (MSRP), (6) KitchenAid® 5-Speed Diamond Blender, White (model # KSB1575WH). Total prize retail value is $229.99 (CAD) (MSRP). Prize for each week will be chosen by the Sponsor, at the sole discretion of the Sponsor. The retail value of each Prize is listed above (CDN) (MSRP). The Prize must be accepted as awarded without substitution, not for resale and has no cash surrender value. 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.
8. PRIZE DRAWS: A total of six (6) random draws will be held, with one (1) random draw (the “Draw”) being held at 11:00 AM ET in Oakville, ON by an independent judging organization on the Monday following each respective Weekly Contest Period End Date unless Monday is a statutory holiday, in which case the Draw will be held the following business day (see rule 6) from among all eligible Entries received for the applicable Weekly Contest Period to determine the selected entrant (the “Selected Entrant”). The odds of being selected as a Selected Entrant will depend on the total number of eligible Entries received during each Weekly Contest Period. Limit of one (1) Prize per person during the Contest period.
9. The Sponsor will attempt to contact each Selected Entrant by sending a direct message to the Selected Entrant’s Instagram, Facebook and/or Twitter account (the “Direct Message”) associated with the potential winning Entry within one (1) business day of the applicable Draw (see rule 8). The Selected Entrant associated with the Instagram, Facebook and/or Twitter Account will then be asked to reply by way of Direct Message to provide his/her contact information including full name, email address, and telephone number within twenty-four (24) hours so that a declaration and release form (the “Release Form”) can be issued. If a Selected Entrant (a) does not reply by way of Direct Message with his/her contact information within twenty-four (24) hours; (b) fails to correctly answer the skill-testing question (see rule 10) or (c) fails to return the properly executed Release Form within the specified time (see rule 10), then he/she will be disqualified and another Entry will be selected until such time as successful contact with a Selected Entrant or there are no more eligible Entries for the applicable Weekly Contest Period, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a Selected Entrant.
10. To be declared the winner, the Selected Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question posed by email and/or telephone. Each Selected Entrant will also be required to sign and return within two (2) business days of notification the Release Form, which (among other things): (a) confirms compliance with these Official Rules including eligibility requirements; (b) acknowledges acceptance of the Prize as awarded; (c) releases the Contest Parties and each of their respective agents and associated companies and each of their respective officers, directors, employees, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the Prize winner’s participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (d) agrees to the publication, reproduction and/or other use of the Prize winner’s name, address, voice, statements about the Contest, photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast and the internet. Each Prize will be shipped to the applicable winner within four (4) to six (6) weeks of receipt and verification of his/her Release Form to the address shown on the Release Form (and subject to compliance with all other condition and requirements provided in these Official Rules).
11. CONDITIONS OF ENTRY: By entering the Contest, Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements, and (ii) agree to be bound by the Official Rules and by the decisions of the independent Contest organization, made in its sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification.
12. By entering and/or accepting a Prize, each winner agrees to the publication, reproduction and/or other use of the potential Prize winner’s name, address, voice, statements about the Contest, photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast and the internet.
13. All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.
14. GENERAL: The Releasees do not assume any responsibility of any nature whatsoever and without limiting the generality of the forgoing, are not responsible for (i) the incorrect or inaccurate capture of entry information and entries that fail to comply with the Official Rules; (ii) any loss, damage, or claims caused by an awarded Prize or the Contest itself; or (iii) any failure of Instagram, Twitter, and/or Facebook during the Contest Period, including any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material connected to the Contest, all of which may affect a person’s ability to participate in the Contest. Entry material/data that has been tampered with or altered is void.
15. In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder (defined below) of the Instagram, Facebook, and/or Twitter account submitted at the time of entry. “Authorized account holder” is defined as the person who is the natural person who is assigned to an account by Instagram, Twitter, and/or Facebook. If the identity of an entrant is disputed, the authorized account holder associated with the Instagram, Twitter, and/or Facebook 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 applicable account. The sole determinant of the time for the purposes of a valid entry in this Contest will be the Contest server machine(s). 16. 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 federal, provincial, territorial and municipal laws.
17. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with (i) the laws of the Province of Québec and the laws of Canada applicable therein in respect of residents of the Province of Québec, and (ii) the laws of the Province of Ontario and the laws of Canada applicable therein in respect of residents of the other Canadian provinces/territories, without regard to conflicts of law principles. Any attempt by a participant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest could be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
18. The Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux, to terminate or suspend this Contest or to amend the Official Rules at any time and in any way, without prior notice, for any reason whatsoever.
19. FOR QUEBEC RESIDENTS: Any litigation respecting the conduct and awarding of the Prize in this Contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the Prize may be submitted to the Régie des alcools, des courses et des jeux only for the purpose of helping the parties reach a settlement.
20. 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 point of sale, television, print or online advertising; the terms and conditions of these Official Rules shall prevail, govern and control.
21. PRIVACY: The Sponsor respects your right to privacy. The information you provided will only be used for the purpose of administering this Contest and prize fulfilment. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please visit http://www.whirlpoolcorp.com/privacy-canada/.
