FRANK’S FOOTBALL GIVEAWAY (“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.
- CONTEST PERIOD:
The Contest begins on February 1st, 2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends on February 13th, 2022 at 11:59:59 p.m. ET (the “Contest Period”).
Contest is open to legal residents of Canada, excluding Quebec, who have reached the legal age of majority in their province or territory of residence at the time of entry; except 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, any of its or their employees, representatives or agents, and any other individual or entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively with the Sponsor, the “Released 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”).
- HOW TO ENTER - NO PURCHASE NECESSARY:
NO PURCHASE NECESSARY. To obtain one (1) entry, answer the survey question on the Frank’s Canada website (www.franksredhot.ca/SuperBowlLVI) during the Contest and submit the answer by accepting these terms and clicking the ‘submit’ button (each, an “Entry” and collectively, the “Entries”). You must submit a valid email address as part of the submission.
All Entries must meet the following submissions guidelines (the “Submissions Guidelines”):
- Entry must not defame, misrepresent or contain disparaging remarks about Sponsor, Sponsor’s products, or other people, products or companies, including without limitation any Released Parties, or communicate messages inconsistent with the positive images and/or goodwill associated with the Sponsor, as determined by Sponsor in its sole discretion.
- Entry must be suitable for family audiences, including without limitation for publication on national television, as determined by Sponsor in its sole discretion.
- Entry 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 Sponsor in its sole discretion.
- Entry must not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.
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 Contest- related website(s) and 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 Contest- related website(s) and/or 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, including without limitation on Contest-related website(s); (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.
4.) ENTRY LIMITS:
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. 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.
There is one (1) prize (the “Prize”) available to be won. The Prize consists of (1) Frank’s Original Hot Sauce, (1) Frank’s Buffalo Wing Sauce, (1) Tee shirt, (1) Frank’s Hot Sauce Bottle Soy Candle, (1) Chicken Wings Mask. The Prize must be shipped to a location within Canada. If, at the time a Prize is awarded, the actual prevailing retail purchase price for the Prize is less than the ARV stated in advertising and promotion materials, and/or in these Rules, the Prize winner will not be entitled to any difference. Chances of being awarded a Prize depend on number of eligible Entries received.
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 Prize, except as otherwise explicitly noted above, will be determined by the Sponsor in its sole and absolute discretion.
Unless prohibited by law, 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.
Any other costs or expenses associated with the prizes not specified herein will be the responsibility of selected winners.
7. ELIGIBLE GIVEAWAY NOTIFICATION AND CONFIRMATION:
On or about 02/16/22 in 2155 Drew Road, Mississauga ON, L5S 1S7 at 12:00 p.m. ET, a random draw will be conducted from among all eligible entries received during the Contest Period for the purpose of selecting one (1) potential winner of the Prize. NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A GIVEAWAY RECIPIENT IN ACCORDANCE WITH THESE RULES. In order to be declared a winner, selected entrants must: (i) respond to notification of selection within two (2) business days of first attempt by Sponsor; (ii) correctly answer a time-limited mathematical skill-testing question to be administered at a mutually convenient time; (iii) sign and return to Sponsor, within two (2) business days of it being sent by Sponsor, a written declaration and release form, releasing the Released Parties from any liability in connection with this Contest or the use, misuse, awarding or possession of any prize (the “Release”); and, (iv) otherwise comply with these Rules.
Return of any Prize or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within two (2) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner (including shipment information), failure to correctly answer the skill-testing question, or other non-compliance with these Rules may result in disqualification, forfeiture of the Prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize in accordance with these Rules, who will be subject to disqualification in the same manner.
If a potential Prize winner: (a) fails to provide the properly executed Contest information, including for greater clarity, the within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) 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.
8. PRIVACY/PUBLICITY RIGHTS
By accepting a Prize, winners grant 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, and may be requested to confirm this in the Release.
9. 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 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, including injury or damage to an entrant or any other person, including to any property such as a computer or other device, related to or resulting from participating in the Contest, including without limitation while reviewing Contest-related material or creating the 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 email address associated with the Entry in question. Authorized account holder is defined as the person who is assigned to an email account an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address (as applicable) (“Authorized Account Holder”). 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 email address (as applicable) 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 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 Canada in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.