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THE DENTYNE* MAKE FACE TIME* CONTEST
RULES & REGULATIONS
Internet access and valid email account necessary in order to participate
1. CONTEST PERIOD The Dentyne* Make Face Time* contest (the “Contest”) commences at 12:00:01a.m. ET on August 1, 2008 and ends at 11:59:59p.m. ET on October 30, 2008 (the “Contest Period”). This Contest is brought to you by Cadbury Adams Canada Inc. (the “Contest Sponsor”).
2. ELIGIBILITY NO PURCHASE NECESSARY. This Contest is open to legal residents of Canada, who have reached the age of majority in their Province or Territory of residence at the time of Contest entry. Notwithstanding the above, this Contest is not open to employees of the Contest Sponsor, its respective divisions, subsidiaries, affiliates, advertising and promotional agencies, Contest suppliers and judges, members of their immediate families (parents, siblings, spouses) and those with whom they are domiciled.
3. HOW TO ENTER To enter the Contest, send us a story telling us the one person in your life who you would like to spend more time with, face to face, and why (the “Story”). Each Story must be submitted in one hundred (100) words or less. To submit your Dentyne* Make Face Time* Story, you must acknowledge having read and agree to abide by these Contest Rules by checking the appropriate box and submitting your Story either on-line or in-person (as further described below):
On-line:
Access the Dentyne* Make Face Time* website by logging on to www.dentyne.ca (the “Contest Website”) during the Contest Period. From the homepage, click on the Enter Contest button to access the web page for Contest entry.
In-Person:
Visit the Dentyne* Make Face Time* lounge (the “Lounge”) in participating malls across Canada (locations listed at www.dentyne.ca) from August 1, 2008 until September 14, 2008 during regular mall hours.
Judging Criteria:
The judging criteria used to select the best top twenty (20) Story entries for public voting, as described in paragraph 5 below (“Selection Process” and Odds of Winning”) is as follows (the “Judging Criteria”):
a. Originality / Uniqueness (40%) b. Compelling & Entertaining (40%)
c. Overall Appeal (20%)
Conditions of Entry: Any elements in your Story must be: (i) entirely original, created and performed by you and (ii) written in either the English or French language. Use of any elements that: (i) are not original, (ii) contain any inappropriate or offensive content, or (iii) contain personally identifiable information about anyone other than the submitter will be considered ineligible for the Contest and may result in disqualification of the Story, in Contest Sponsor's sole discretion. Any entrant that does not comply with these Contest Rules or the website terms of use, as determined by the Contest Sponsor, in its sole discretion, will be disqualified and the entrant will not be eligible for any Prize in this Contest.
As conditions of entry into this Contest, and by submitting a Story, entrant warrants and represents that the Story (a) is original and has been legally created, (b) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (c) has not been entered in or won previous contests or awards; and (d) has not been published or distributed previously in any media. Entrant represents that he/she owns all rights to his/her Story, including, without limitation, the copyrights contained therein. Entrant further represents and warrants that the entrant has obtained permission from each person whose name or likeness ("Likeness") is included in the Story, and that such person(s) have granted the entrant all necessary rights to use the person's Likeness as described in these Contest Rules, and that entrant shall make written copies of such permissions available to the Contest Sponsor upon request. By submitting a Story, entrant irrevocably grants Contest Sponsor and its affiliates, legal representatives, assigns, agents, licensees and advertising & promotional agencies the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation), the entrant's Story, including, but not limited to, the contents contained therein (in each case, as submitted in any way by the Contest Sponsor, in its sole discretion), as well as to use entrant's Likeness and/or statements regarding his/her participation in this Contest (with or without using the entrant's name) in any and all media without limitation and without compensation or approval from, or notice to, the entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Contest Sponsor's use of the Story (whether or not in edited form), and agrees not to sue or assert any claim against the Contest Sponsor for the use of the Story or entrant's Likeness or statements. Entrant agrees to indemnify and hold Contest Sponsor, its affiliated and related companies and advertising, promotional agencies and all of their respective directors, officers, shareholders, employees, agents, successors and assigns (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the entrant's Story, or the entrant's conduct in creating the Story or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation. Entrant further agrees to release Indemnitees from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Contest Sponsor infringes entrant's rights with regard to any elements, characters or ideas contained in the Story.
Additional Requirements: Once you submit your Story, your Story is final and may not be modified or edited. Every Story becomes the property of Contest Sponsor and will not be returned. If any group of individuals elects to collaborate on a Story, they are required to designate one (1) representative to enter the Contest and accept the Prize on behalf of the group. In the event of a dispute between collaborators, the Story will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry as further described in paragraph 12 below. Neither Contest Sponsor nor any of the Contest parties are liable for any disputes between collaborators related to a Story.
Limit one (1) Story entry per person, per email address, per household during the Contest Period. Duplicate or additional Story entries will not be accepted. Your Story entry, or any portion thereof, may be posted on the Contest Website or the Lounge at any time during the Contest Period. The posting of your Story entry to the Contest Website or the Lounge does not suggest or imply you have been selected to win a prize in this Contest.
By entering this Contest, you consent to such use, without any compensation or notice. By entering this Contest, participants agree to be bound by these Contest Rules and the decisions of the Contest Sponsor and Contest judges.
4. PRIZES There will be three (3) Grand Prizes available to be won each consisting of one (1) round trip flight (economy class only) anywhere in the world (up to a maximum of three thousand dollars ($3,000)), to Make Face Time* with the person described in the Story submitted. Total approximate retail value of each Grand Prize is $3,000 (CDN), depending on the destination. The Grand Prize must be booked before December 30, 2009.
Grand Prize must be accepted as awarded, has no cash equivalent and is not transferable or refundable. Any difference between the cost of the flight at the time of booking and the approximate retail value ($3,000) will not be provided in cash. The Contest Sponsor reserves the right, in its sole discretion, to substitute a Prize of equal (or greater) value
5. SELECTION PROCESS AND ODDS OF WINNING
On October 31, 2008 at approximately 9:00 a.m. (ET) in Toronto, one hundred (100) Stories will be randomly selected from all eligible entries received during the Contest Period. Odds of being randomly selected as one (1) of the one hundred (100)Stories chosen will depend on the total number of eligible Story entries received by the Contest close date.
The selected one hundred (100) Stories will then be judged by an independent judging panel (the “Contest Judges”) who will evaluate each entry based on the Judging Criteria set out in paragraph 3 above (“How to Enterthe s”). The twenty (20) Stories which, in the sole discretion of the Contest Judges, best exemplify the Judging Criteria will be selected to be posted on the Contest Website for public voting as further described below. If fewer than one hundred (100) Stories are submitted by the end of the Contest Period, then all valid Stories will be judged as set out above. The entrants who submitted the selected twenty (20) Stories will be notified of such by telephone and/or email on or before November 9, 2008. If a selected entrant cannot be reached, for whatever reason, by November 9, 2008, that entrant may be disqualified, at Sponsor’s sole discretion, and an alternate entrant will not be selected. Odds of being selected as one (1) of the twenty (20) Stories chosen by the Contest Judges will depend on the entrant’s ability to adhere to the Judging Criteria set out in paragraph 3 above.
The selected twenty (20) Stories will be posted on the Contest Website in their entirety beginning on November 10th, 2008 at 12:00:01 a.m. (ET) until November 27th, 2008 at 11:59:59 p.m. (ET) (the “Voting Period”). During the Voting Period, the general public will be permitted to vote on the Contest Website for the Story that they feel most deserves to come true. Voters will be required to submit their email address and voting will be limited to one (1) online vote per person, per e-mail address during the Voting Period. Additional votes will not be accepted.
The entrants who submitted the top three (3) Stories having the most cumulative votes by the end of the Voting Period, wilbl be selected to win one of the three Grand Prizes. In the event of a tie, a random draw will be conducted from all tied entries on November 28, 2008 at 9:00 a.m. (ET) in Toronto. Odds of being selected as one (1) of the final three (3) Stories chosen will depend on the number of votes received by the public during the Voting Period.
Before being declared a winner, the selected entrant must correctly answer, unaided, a mathematical skill-testing question and complete, sign and return a Declaration and Release Form (and any other documents, as applicable) by the date indicated on the form (the “Prize Claim Date”). All Prizes must be claimed by the Prize Claim Date. If a selected entrant cannot be reached within the timeframe specified above, is not in compliance with these Contest Rules, incorrectly answers the skill-testing question, declines the Prize, email correspondence between the Contest Sponsor and selected entrant is returned as undeliverable without a forwarding address, or fails to return the Declaration and Release form (and any other documents, as applicable) by the Prize Claim Date, the Prize may be forfeited and the Contest Sponsor reserves the right to select another entrant whose Story obtained the next greatest number of cumulative votes by the end of the Voting Period (or in the case of a tie, randomly select another entrant from those entrants whose Story obtained the next greatest number of cumulative votes). Prize will be awarded upon receipt of the properly completed and executed Declaration and Release form and verification of Prize winner.
GENERAL
6. Bookings of the round trip flight are subject to availability, changes in itinerary and other restrictions. Blackout dates may apply. At the time of booking, winner must provide valid travel documents (where applicable) for both the Prize winner and if necessary, any traveling companions. Bookings are also subject to all rules and regulations of the applicable airline or other carrier. Trip must be booked through Contest Sponsor’s promotional agency, on economy class, and must be taken during select dates. Trips cannot be modified by winner. All bookings are subject to existing availability and are subject to change. The Contest Sponsor shall have no responsibility for flight cancellations, alterations, weather delays, weather cancellations or other changes to the trip itinerary and by accepting the Prize, the winner acknowledges and accepts such risks. The Prize winner and guests will be responsible for all costs related to the Prize that are not specified as being included in the Prize, including, but not limited to, side trips, departure tax, transportation tax, PST, GST; all other such taxes, travel and health insurance, personal expenses, medical expenses, certain meals, beverages, alcoholic beverages, gratuities, gift shop purchases, phone calls and all other expenses and travel requirements not specifically described above as being included in the Prize. The Prize winner may be required by the airline to provide an accepted and valid credit card to cover incidental charges (including but not limited to: telephone charges, special purchases, etc.) The Prize winner and guests must travel on the same itinerary and must each have valid travel documents (where applicable). Please note that all necessary travel documents are solely the responsibility of the winner and his/her traveling companions. Contest Sponsor is not responsible in the event winner and/or travel companion are refused entry into destination Country or re-entry into Canada for whatever reason. The Prize is non-transferable and must be accepted as awarded, as there will be no substitutions and no cash equivalent.
7. The decisions of the Contest Sponsor and/or the judges are final and entrant agrees to abide by all of the instructions and decisions of the Contest Sponsor and/or judges. In the event of any dispute regarding the interpretation of these Contest Rules, the decision or interpretation of the Contest Sponsor and/or judges shall prevail.
8. No communications will be entered into except with the twenty (20) selected entrants. For a list of winners, visit the Contest Website after November 29, 2008.
9. All entries become the property of the Contest Sponsor. Any entry that is illegible, incomplete, altered, or contains false information, is invalid. Contest Sponsor is not responsible for lost, stolen, delayed, damaged or misdirected claims or entries or for any problems or technical malfunction of any internet or telephone network or broadcast transmission during the Contest Period. The Contest Sponsor is not responsible for any errors or omissions with respect to the printing or advertising of this Contest and reserve the right to withdraw, amend or cancel this Contest in the event of a printing or administrative error.
10. The Contest Sponsor accepts no responsibility for loss, damage or claims caused by the awarded Prizes or the Contest itself. By entering, entrant releases and holds harmless Contest Sponsor, its affiliated and related companies and advertising, promotional agencies and all of their respective directors, officers, shareholders, employees, agents, successors and assigns (collectively, the “Contest Entities”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or any Prize won.
11. Without limiting the release of liability provisions herein, and for greater certainty, the Contest Entities will not be liable for: a) any incorrect or inaccurate information, whether caused by Contest Website users or by any equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of entries in the Contest; b) any error, omission, interruption, deletion, defect or delay in operation of the Contest Website or any transmission in connection with the Contest; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; or e) any injury or damage to entrants’ or to any other person's computer related to or resulting from participating or downloading materials in this Contest. If the Contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause of any nature whatsoever beyond the reasonable control of the Contest Entities which corrupt or affect the administration, security or proper conduct of this Contest, the Contest Sponsor reserves the right at its sole discretion to, without advance notice, terminate or suspend the Contest, in whole or in part, or modify it in any way, subject to the approval of the Régie des alcools, des courses et des jeux in respect of residents of Quebec (where applicable).
12. In the event of a dispute as to who submitted an email entry, the entry will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Selected entrant may be required to provide the Contest Sponsor with proof that he/she is the authorized account holder of the email address associated with the selected entry.
13. The Contest Sponsor reserves the right at its/their sole discretion to disqualify any individual from the Contest, and to ban that individual from any future promotion of the Contest Sponsor, if the Contest Sponsor finds or believes such individual to be tampering with the entry process or the operation of the Contest or where applicable, the Contest Website; to be acting in violation of the Contest Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Contest Sponsor, the Contest Sponsor’s agencies, other entrants or any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. By entering this Contest, you consent to the Contest Sponsor’s use, of your Story entry, or any portion thereof, name, place of residence and photograph or other likeness, without further compensation or notice, for publicity, advertising or informational purposes in any media or format (including the Internet) in connection with this Contest or future similar contests.
15. The Contest Sponsor is collecting personal data about the entrants for the purpose of administering this Contest. No further informational or marketing communications will be received by entrants. The Contest Sponsor respects your right to privacy of your personal information. Please review our Privacy Policy on the Contest Website for details on the manner in which we collect, use, disclose, and otherwise manage your personal information.
16. This Contest is subject to all applicable laws and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
17. The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
18. Any litigation respecting the conduct or organization of a publicity contest may be submitted 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 Regie only for the purpose of helping the parties reach a settlement. Any applicable decision to be made by the Contest Sponsor affecting the conduct of this Contest are subject to a ruling of the Régie des alcools, des courses et des jeux.
19. Full Contest Rules are available at http://www.dentyne.ca/.
*Trademark, used under license.
®Copyright 2008 Cadbury Adams Canada Inc. All Rights Reserved.
*Trademark, used under license.
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