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FRANK’S REDHOT NFL CONTEST (“Contest”)
OFFICIAL RULES AND REGULATIONS
THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF CANADA ONLY,
AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
INSTAGRAM, AS WELL AS THE NATIONAL FOOTBALL LEAGUE, ITS MEMBER PROFESSIONAL FOOTBALL CLUBS, NFL VENTURES, INC., NFL VENTURES, L.P., NFL PROPERTIES LLC, NFL ENTERPRISES LLC, NFL INTERNATIONAL LLC AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT SUBSIDIARIES, AFFILIATES, OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES (COLLECTIVELY, THE “NFL ENTITIES”), SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES OR ANY PRIZE AWARDED. NEITHER INSTAGRAM NOR THE NFL ENTITIES HAVE OFFERED OR SPONSORED THIS CONTEST IN ANY WAY.
The Contest is open during the following dates and times (collectively, the “Contest Period”), at the Frank’s booth at the following locations (each, an “Event” and collectively, the “Events”):
Contest is open to legal residents of Canada who have reached the legal age of majority in their province or territory of residence at the time of entry; and is not open to (i) employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of La Cie McCormick Canada Co. (the “Sponsor”), and any of its parent companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies; (ii) employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the NFL Entities and (iii) any other individual or entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”). By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
NO PURCHASE NECESSARY. If you are an eligible entrant, to obtain one (1) entry in the Contest, you must attend an Event during the applicable Contest Period, take a photo of yourself in front of the Frank’s photo backdrop, and post the picture to your public Instagram account, tagging all of the following: @FranksRedHot, #FranksContest, and #NFL100Canada (each, an “Entry”, and collectively, the “Entries”).
All Entries must meet the following submissions guidelines (the “Submissions Guidelines”):
By submitting an Entry, you warrant and represent that: (i) the Entry is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright; (ii) the Entry has not been previously published; (iii) the Entry 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 Entry have granted to you permission to publish or otherwise use their likeness in the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Sponsor’s social media channels; and, (v) that the Entry complies with the Submissions Guidelines. You agree to indemnify and hold harmless Sponsor from any claims to the contrary.
By entering, you agree as follows: (i) you acknowledge that your Entry may be posted by Sponsor on Sponsor’s social media channels, in Sponsor's sole discretion but without obligation; (ii) you have the right and authority to, and do hereby, grant to Sponsor 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, and/or otherwise use without limitation all or any part of the Entry in any manner or media; (iii) you waive any and all moral rights that you may have in and to the Entry with respect to the uses contemplated herein; and, (iv) you agree to release and hold harmless Sponsor 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 Sponsor’s use of the Entry.
There is a limit of one (1) Entry per entrant during the Contest Period. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: use multiple names, multiple identities, multiple email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties, the NFL Entities and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entry (all of which are void). An Entry may be rejected if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
All Entries and entrants are subject to verification at any time and for any reason. 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): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.
All eligible entrants will receive 1 bottle of Frank’s RedHot (148 mL). There are three (3) grand prizes available to be won, one (1) per Event, as follows (each, a “Prize”):
Without limiting the generality of the foregoing, the following general conditions apply to each Prize: (i) Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions except at Sponsor’s option; (iii) Sponsor reserves the right at any time to substitute a Prize for any reason with a prize or prize component(s) of equal or greater retail value; and (iv) all characteristics and features of the Prizes, except as otherwise explicitly noted above, will be determined by the Sponsor in its sole and absolute discretion. Prize includes delivery to one (1) address in Canada.
None of the Released Parties make any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Prize, each confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if his/her Prize or a component thereof does not prove satisfactory, either in whole or in part. There is a limit of one (1) Prize per person.
Draws will happen on the following Monday after each Event as follows (each, a “Draw Date”):
On each Draw Date, one (1) eligible entrant will be selected by random draw from among all eligible Entries received in accordance with these Rules in connection with the applicable Event. The odds of winning a Prize depend on the number of eligible Entries received at the applicable Event.
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each eligible winner via Instagram within two (2) business days of the applicable Draw Date. If an eligible winner cannot be contacted within two (2) business days of the applicable Draw Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to a Prize) and the Sponsor reserves the right, in their sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining Entries received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRM HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, each potential Prize winner: (a) will be required to correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) may be required to sign and return within one (1) business day of notification the declaration and release form provided by the Sponsor’s designated administrator (the “Declaration and Release Form”), which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of a Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of a Prize or any portion thereof; and (iv) agrees to the publication, reproduction, communication to the public by telecommunication and/or other use of his/her name, city and province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet, worldwide in perpetuity.
If a potential Prize winner: (a) fails to correctly answer the skill-testing question; (b) if requested, fails to return the properly executed Contest documents, including for greater clarity, the Declaration and Release Form, within the specified time; (c) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserve the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant from among the remaining Entries received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected potential Prize winner). No responsibility is assumed by the Sponsor for any Prize returned as undeliverable without a forwarding address. No responsibility is assumed by the Sponsor for the Prize after it has been shipped. Unclaimed prizes will not be awarded. Failure to redeem a Prize will result in forfeiture of the Prize. Winner bears all risk of loss or damages to Prize after delivery.
By accepting the Prize, the winner grants to the Released Parties the perpetual right to use his/her name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes related to this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website or any interruption or delay in mail delivery; (iv) any injury or damage to an entrant, or an entrant or any other person’s computer or other device related to or resulting from participating in the Contest, including without limitation attendance at an Event or while creating or submitting an Entry; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.
In the event of a dispute regarding who submitted an Entry, such entry will be deemed to have been submitted by the authorized account holder of the social media account associated with the Entry in question. An entrant may be required to provide proof (in a form acceptable to the Sponsor) that he/she is the authorized account holder of the social media account associated with the Entry in question.
Sponsor's failure to enforce any term of these Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the respective cities in which the contest is held (Province of Ontario, British Columbia and Quebec) 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 jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
All entrants agree to release Instagram, as well as the NFL Entities from and against any injuries, losses, damages, claims, actions, and liabilities of any kind resulting or arising from participation in this contest and/or acceptance, possession, use, misuse or nonuse of any prize (including any travel or travel-related activity). NEITHER INSTAGRAM NOR THE NFL ENTITIES HAVE OFFERED OR SPONSORED THIS CONTEST IN ANY WAY.