Oat Contest

EARTH’S OWN BEST TASTING OAT CONTEST

OFFICIAL RULES & REGULATIONS

THIS CONTEST IS OPEN TO RESIDENTS OF CANADA

 

  1. KEY DATES:
    The EARTH’S OWN Best Tasting Oat Contest (the “Contest”) begins at 12:01 a.m. Pacific Time (PT) on March 23rd 2020 (the “Contest Start Date”) and ends at 11:59 p.m. PT on August 15th 2020 (the “Contest Period”).
  2. ELIGIBILITY:
    Contest is open to residents of Canada (a) who have reached the legal age of majority in their province/territory of residence at the time of entry or (b) who are between the ages of thirteen (13) and the legal age of majority in their province/territory of residence (each, a “Minor”) provided any such Minor’s parent or legal guardian has consented to his/her participation in the Contest and has accepted and agreed to be legally bound by these Official Rules and Regulations (the “Rules”) on the Minor’s behalf.  This Contest is not open to employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of (a) Earth’s Own Food Company (the “Sponsor”), its parent company, subsidiaries, associated and affiliated entities, (b) prize suppliers, (c) advertising/promotion agencies and (d) any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (individually, “Contest Party“,  and collectively, the “Contest Parties”), nor is it open to any Minor whose parent or legal guardian is a Contest Party.
    IMPORTANT NOTE TO MINORS: The Sponsor reserves the right, in its sole and absolute discretion, to contact a Minor’s parent or legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Rules on the Minor’s behalf; (ii) consent to the Minor’s participation in this Contest; and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information.  Failure of a Minor’s parent or legal guardian to complete any such required verification to the complete satisfaction of the Sponsor within the time frame specified by the Sponsor may, in the sole and absolute discretion of the Sponsor, result in disqualification of the Minor.
  3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
    By participating in this Contest, you (and your parent or legal guardian on your behalf if you are a Minor) confirm that you have read the Rules and agree to be legally bound by the terms and conditions of these Rules.
  4. HOW TO ENTER:
    No purchase necessary. Internet access and valid email address required. You can earn a maximum of two (2) Entriesduring the Contest Period (each, an “Entry” and collectively, the “Entries”), as follows:
    ENTERING CONTEST:  To earn an initial Entry, you must enter your name and valid email address on the contest entry form found in our automated pop up on our website (https://earthsown.com) or on our contest page, during the Contest Period. To receive an additional Entry, you must sign up for our marketing email newsletter by clicking on the additional box found on the contest entry form.
  5. ENTRY CONDITIONS AND LIMITS:
    There is a limit of two (2) Entries (one initial Entry and one additional Entry) per person and per email address 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: (i) obtain more than two (2) Entries (regardless of the method of entry); and/or (ii) use multiple names, identities, 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/or 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.
    To the fullest extent permitted by law, the Sponsor, its parent company, subsidiaries, associated and affiliated entities, prize suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest, and each of the foregoing entities’ respective  employees, officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) shall not be responsible for, and shall bear no liability whatsoever in relation to, (i) any mechanical, technical, electronical or other failure; (ii) any malfunction or other problems of any nature whatsoever; (iii) the failure of any Entry, request for information and/or other information to be received, captured or recorded for any reason whatsoever; (iv) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; (v) any late, lost, misdirected, delayed, illegible, inaccurate or incomplete Entries (all of which are void); (vi) the use of Entries or any portion(s) thereof; (vi) the participation of entrants in the Contest, (vii) and/or the awarding, use or misuse of the Prize of any component thereof.
    Any Entry may be rejected, denied or disqualified if, in the sole and absolute discretion of the Sponsor, the Entry is not submitted and received in accordance with these Rules.
  6. VERIFICATION:
     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 or legitimacy of any Entry or other information entered (or purportedly entered) for the purposes of this Contest; 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.  The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor.
  7. PRIZES:
    There will be seven (7) Grand Prizes (individually, the “Prize” and collectively, the “Prizes”) available to be won during the Contest Period.  Each Prize consists of one (1) year’s worth of free Earth’s Own products (the “Product”) delivered to the winner of the contest in the form of fifty (50) coupons, each of which is redeemable at participating retail stores in Canada where the Product is available for sale for one (1) free Product. The Prize is subject to the terms, conditions and restrictions printed on the coupons, including but not limited to the expiry date. The Prizes will be delivered by the Sponsor to the Confirmed Prize Winners (as defined  below).

    The approximate retail value of each Prize is $275.00 CAD.
    The Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash.  No substitutions are permitted, except at Sponsor’s option and in its sole and absolute discretion.  What is not expressly included in the Prize description stated above is excluded, and it is the sole and absolute responsibility of the Confirmed Prize Winner. Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of a Prize or any component thereof; and (b) substitute a Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value.
    To the fullest extent permitted by applicable law, each of the Confirmed Prize Winners 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 the Prize, the Confirmed Prize Winner agrees to waive any and all recourses 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.
  8. ELIGIBLE WINNER SELECTION PROCESS:
    On each of the following dates (“Dates”) at 5pm PT, seven (7) Entries in total will be selected by random draw at the following location: Earth’s Own Food Company, 601, 4180 Lougheed Highway, Burnaby, BC, V5C 6A7 from among the eligible Entries received during the time between the Contest Start Date and each of the Dates, respectively:  (1) April 16, 2020, (2) May 14, 2020, (3) June 15, 2020, (4) July 15, 2020, and (5) August 16, 2020). The odds of winning depend on the number of eligible Entries received before each of the Dates, in accordance with these Rules. 
  9. ELIGIBLE WINNER NOTIFICATION PROCESS:
    The Sponsor or its designated representative will notify each of the selected entrants (“eligible winner”) (through the email address provided at the time of entry) within two (2) business days of selection. If an eligible winner does not respond to the Sponsor within two (2) business days of notification, or if there is a return of any email notification as undeliverable; then the eligible winner may,  in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible winner from among the remaining eligible Entries in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).  The Sponsor is under no obligation to select an alternate eligible winner for the scheduled draws.
  10. ELIGIBLE WINNER CONFIRMATION PROCESS:
    NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES.  BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER (individually, a “Confirmed Prize Winner” and collectively, the “Confirmed Prize Winners”), the eligible winner must: (a) correctly answer a time-limited mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s Declaration and Release form); and (b) sign (and have his/her parent or legal guardian sign if he/she is a Minor) and return within two (2) business days of notification the Sponsor’s Declaration and Release form, in which the eligible winner (among other things):
    – confirms compliance with the Rules;
    – accepts the Prize (as awarded);
    – agrees to the publication, reproduction and other uses of his/her name, address, voice, statements about the Contest and photograph or other likeness, in perpetuity, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor, in any manner or medium whatsoever, including without limitation print, broadcast or the internet;
    – agrees to release and to indemnify the Released Parties from and against any and all claims, damages, liabilities, costs and expenses whatsoever arising from, or in connection with, the Contest, the use of his/her Entry or any portion(s) thereof, his/her participation in the Contest, his/her acceptance of the Prize, his/her participation in the Prize, and his/her use or misuse of the Prize or any component thereof;
    – accepts that notwithstanding any other provision in the Declaration and Release, the sole obligation and collective liability of the Released Parties, and my sole remedy for any claim in any way connected with or arising out of the Declaration and Release, the Prize and his/her acceptance, use or misuse of such Prize or any component thereof, shall be for actual and direct damages only, which shall not exceed, in the aggregate, the approximate retail value of the Prize, as set forth above;
    – accepts that in no event shall the Released Parties be liable for loss of savings or earnings, mental distress, inconvenience, or indirect, special, consequential, incidental, punitive or exemplary damages, losses, costs or expenses, arising hereunder or in connection with the Contest, the Declaration and Release, the Prize and his/her acceptance, use or misuse of such Prize or any component thereof, or the Contest and his/her participation therein, even if the Sponsor has been advised of or is aware of the possibility of such losses, expenses or damages;
    – agrees that, to the fullest extent permitted by applicable law, he/she may not seek reimbursement or pursue any legal or equitable remedy from the Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory;
    – accepts that the limitations, exclusions and disclaimers set out shall apply irrespective of the nature of the cause of action or claim, including, but not limited to, breach of contract, tort (including negligence) or any other legal theory and shall survive any consummation of the Prize; and
    – understands that Sponsor holds in trust for and on behalf of the Released Parties the benefit of the releases, limitations, exclusions and disclaimers set forth herein and such Released Parties are third party beneficiaries of such releases, limitations, exclusions and disclaimers.If an eligible winner: (a) fails to correctly answer, unaided, the time-limited mathematical skill-testing question administered by the Sponsor; (b) fails to return or returns incomplete or improperly executed the Declaration and Release or other Contest-related documents requested by the Sponsor within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; (d) is otherwise in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); and/or (e) has already been declared a Confirmed Prize Winner in any preceding scheduled draw during the Contest Period, then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible winner from among the remaining eligible Entries received in accordance with these Rules (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).  The Sponsor is under no obligation to select an alternate eligible winner.
  11. GENERAL CONDITIONS:
     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 Sponsor reserves the right, in its sole and absolute discretion and subject to the prior approval of the Régie des alcools, des courses et des jeux, where necessary, to cancel, amend or suspend this Contest (or to amend these Rules) in any way, for any reason, including in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules (including, without limitation, in the event of an accident, error (printing, administrative or otherwise), problem, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.) Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances or to comply with applicable law. The Sponsor also reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant, Entry, and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by applicable law.By entering this Contest, each entrant expressly consents to the Sponsor, its agents and representatives collecting, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: https://earthsown.com/privacy/).  This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Rules shall prevail, govern and control to the fullest extent permitted by applicable law.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.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 entrants, the Sponsor or any of the other the Released Parties in connection with the Contest will be governed by, and construed in accordance with, the laws of the Province of Ontario 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.FOR RESIDENTS OF QUEBEC: 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 Régie only for the purpose of helping the parties reach a settlement.

 

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