MY HOME IS CANADA TERMS AND CONDITIONS

The My Home is Canada Campaign (the “Campaign”) begins at 12:00:01 a.m. Eastern Time (“ET”) on [1.7.21] and ends at 11:59:59 p.m. ET on [2.21.21] (the “Campaign Period”).  By participating in the Campaign, you agree to abide by and be bound by these Terms and Conditions and all decisions of La Cie McCormick Canada Co. (“McCormick”).

Participation in this Campaign is open to legal residents of Canada who are at least eighteen (18) years of age or older as of the date of participation. Participants who are below the age of majority in their jurisdiction of residence must have the permission of their parent or legal guardian in order to participate.

All submissions must meet the following submissions guidelines (the “Guidelines”):

1. Submission must be suitable for family audiences, including without limitation for publication on national television, as determined by McCormick in its sole discretion.
2. Submission must not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable, as determined by McCormick in its sole discretion.
3. Submission must not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.

    

4. The submission must not defame, misrepresent or contain disparaging remarks about McCormick or its parent or affiliated entities, any of their respective products/brands, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill associated with McCormick and its brands (or those of its parent or affiliated entities), as determined by McCormick in its sole discretion.

By submitting a submission, you warrant and represent that: (i) the submission is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright; (ii) the submission has not been previously published; (iii) the submission does not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased; (iv) all individuals appearing in the submission have granted to you permission to publish or otherwise use their likeness in the submission in any manner and media whether now known or hereafter devised including, without limitation, on a website associated with the Campaign (“Campaign Website”); and, (v) that the submission complies with the Guidelines. You agree to indemnify and hold harmless McCormick from any claims to the contrary.  

By entering, you agree as follows: (i) you acknowledge that your submission may be posted by McCormick in a lighted installation in multiple public places in Canada (the “Installation”), on the Campaign Website and/or on McCormick’s social media channels, in McCormick's sole discretion but without obligation; (ii) you have the right and authority to, and do hereby, grant to McCormick an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use without limitation all or any part of the submission in any manner or media, including without limitation in the Installation and on the Campaign Website; (iii) you waive any and all moral rights that you may have in and to the submission with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless McCormick 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 relates in any way to McCormick’s use of the submission.

BY PARTICIPATING IN THIS CAMPAIGN, PARTICIPANTS FURTHER AGREE THAT MCCORMICK AND ITS PARENT AND AFFILIATED ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM THE CAMPAIGN. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.

McCormick and its authorized agents will collect, use, and disclose the personal information you provide when you participate in the Campaign for the purposes of facilitating your participation.  The Campaign Website may be hosted on servers outside of Canada, and the personal information you provide may therefore also be subject to the laws of a foreign jurisdiction. For further information about privacy practices, please see McCormick's Privacy Policy at: https://www.helloflavour.ca/en-ca/our-brands/privacy-policy.

The Campaign is subject to all applicable federal, provincial and municipal laws. Void where prohibited. McCormick reserves the right to correct any typographical, printing, computer programming or operator errors. McCormick's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. If any provision of these Terms and Conditions is determined to be invalid or otherwise unenforceable, then these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Campaign is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering, you completely release Facebook and Instagram of all liability in connection with the Campaign.  WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CAMPAIGN OR UNDERMINE THE OPERATION OF THE CAMPAIGN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND MCCORMICK RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.