“#NATIONAL COOKIE EXCHANGE”
PROGRAM TERMS & CONDITIONS
The “#National Cookie Exchange” Program is administered and sponsored by William Grant & Sons Ltd. (“Amarula Canada”) and Peter Mielzynski Agencies Ltd. (“PMA Canada”) (individually and collectively, the “Sponsors”). The Program runs from December 8, 2021, at 12:01 a.m. Eastern Time (“ET”) to December 23, 2021 at 11:59 p.m. ET (the “Program Period”).
PMA Canada will donate, on behalf of Amarula Canada, CDN$5 to one of three provincial food banks organizations, namely Food Banks BC, Food Banks of Quebec or Feed Ontario for each unique qualifying recipe submitted during the Program Period, in accordance with the instructions outlined in these Terms, up to a maximum of CDN$10,000.
By submitting a recipe, participants automatically agree to comply with these Program Terms & Conditions (the “Terms”).
THE SPONSORs encourage responsible drinking.
- ELIGIBILITY: The Program is open to residents of the Province of Ontario, British Columbia or Quebec who, at the time of the submission of a recipe, have reached the age of majority in their province of residence and who hold a valid, verifiable personal (not business) Facebook or Instagram account. For the purposes of this Program, the participant is the natural person whose name appears as the holder of the Facebook or Instagram account.
- HOW TO SUBMIT A RECIPE: To submit a recipe, participants must share a cookie recipe in compliance with the recipe guidelines outlined below, and post the recipe of the cookie (a) on Amarula Canada’s official Facebook Page or (b) on their personal Instagram page using hashtag #nationalcookieexchange. Submissions must be posted during the Program Period.
All cookie recipes submitted must comply with the following recipe guidelines: (a) the recipe must be an original creation, and/or (b) where the recipe has been created by, or with the input of, a third party, the recipe – along with the cookie name and/or photographs submitted with the recipe, if any – must be expressly credited to such third party (for instance, by providing the name of the source or a hyperlink thereto), where authorized to do so. If participants submit a cookie name, it can feature the Amarula name, for the purposes of this Program. The Sponsors reserve the right, in their sole discretion, to reject any submission that the Sponsors deem not to comply with these Terms.
By submitting a recipe, participants agree that any and all Facebook and Instagram posts, and any materials referring to their cookie and/or identifying the Amarula brand will comply with the requirements prescribed by applicable liquor laws and regulations as well as any guidelines issued by the Liquor Control Boards of Ontario, British Columbia and Quebec (“LCBO, BCLDB, SAQ”), and more specifically, that they will be: (i) consistent with the principle of depicting responsible use/service of alcohol, (ii) not promote the consumption of alcohol in general, (iii) not imply that consumption of alcohol provides personal benefits (such as athletic prowess, social, professional or personal success, etc.), (iv) not appeal to minors, (v) not associate the consumption of alcohol with driving a motor vehicle or with any activity that requires care and skill, (vi) not depict motorized vehicles in motion, and (vii) not suggest illegal sale, purchase or handling of alcohol.
The Sponsors reserve the right, but not the obligation, to amend or remove any posts, which do not comply with these Terms, at their sole discretion.
LIMITATION OF LIABILITY AND INDEMNIFICATION: To the extent allowed by applicable law, the Sponsors shall not be responsible or liable for, and the participants hereby agree to release, discharge, indemnify and hold harmless the Sponsors and their respective shareholders, affiliates, directors, officers, employees, representatives and agents (collectively, the “Program Entities”) from and against, any and all costs, expenses, injuries, losses or damages of any kind whatsoever, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from: (i) participation in the Program or any Program-related activity, (ii) incomplete, lost, stolen, delayed, late, damaged or misdirected recipe submissions, (iii) any human, typographical or other error in the printing of any Program-related materials, the administration of the Program, including any incorrect or inaccurate capture of information, or the failure to capture any information, (iv) any computer virus, bugs, tampering, unauthorized intervention or fraud, (v) any failure of any Program-related website during the Program Period, (vi) any claim related to the infringement of an intellectual property and/or other rights arising from the use, reproduction, uploading and/or sharing of a cookie name, recipe and/or photograph or of a third-party source thereof by participants without the appropriate authorization, and (vii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers, access providers, computer equipment, hardware, software, delay or failure of any email or submission to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to an participant’s or any other person’s computer related to or resulting from accessing any Program-related website or entering or attempting to participate in the Program. Submissions are subject to verification and will be disqualified if they are incomplete, illegible, submitted by macros or other automated means, mechanically or robotically programmed or reproduced, mutilated, forged, falsified, submitted by or via third parties or syndicates, altered or tampered with in any way, or if they do not comply with these Terms. Any attempt to deliberately damage any Program-related website or to undermine the legitimate operation of this Program is a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. The Sponsors shall assume no liability whatsoever for any situation in which their inability to act results from an event or situation unforeseeable or beyond their control, including but not limited to force majeure, a strike, lockout, or any other labour dispute at their location or the locations of the businesses whose services are used to hold this event.
- THIRD PARTIES: The LCBO, BCLDB and SAQ are not connected with this Program in any manner whatsoever and is not liable in any way whatsoever in regard to any matter which relates to this Program. In addition, this Program is in no way sponsored, endorsed or administered by, or associated with, the Facebook, Instagram or any other social media platform where this Program may be promoted. You understand that you are providing your information to the Sponsors and not to the Facebook, Instagram or any other social media platform and that the latter have no liability for any element of this Program.
- MODIFICATION, TERMINATION OR SUSPENSION OF PROGRAM: The Sponsors reserve the right, at their sole discretion, and without notice or compensation, to disqualify any submission, or to modify, terminate, or suspend this Program or these Terms (including the modification of any dates set out herein) for no reason or for any reason whatsoever, including, without limitation, if a virus, bug, non-authorized human intervention, action of participant(s), or other cause corrupts or impairs the administration or security of the Program.
- GOVERNING LAW & VENUE: This Program and any disputes relating thereto are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws, and by submitting a recipe, you consent to the exclusive jurisdiction of the federal and provincial courts in District of Toronto, Ontario, for resolution of any disputes relating to this Program and waive any objection thereto to the extend allowed by applicable law.
- ASSIGNMENT OF INTELLECTUAL PROPERTY AND OTHER RIGHTS: By participating in this Program, participants: (a) agree to submit to the Sponsors the recipe of a cookie, as set out in these Terms; and (b) represent and warrant either (ii) that they personally created the cookie name, recipe and any photographs thereof, without the input of any third party, and that no third party holds any ownership, intellectual property, proprietary or moral rights in the cookie or its name, recipe or photographs, or (ii) that they submitted a cookie name, recipe and/or any photographs created by, or with the input of, a third party, that such third party has authorized them being shared in the manner described in these Terms, and that they have expressly credited their source in their submission (for instance, by providing the name of their source or a hyperlink thereto, where authorized to do so)and (c) where participants submit a recipe that has been personally created by them, transfer and otherwise assign to the Sponsors all related ownership, intellectual property, proprietary and moral rights to the cookie name, recipe and photographs as well as to any variations and/or amendments to any and all part of the cookie name, recipe and photographs. Participants acknowledge that they and their third-party source, if any, will have no claim or right to any royalties, monies or recognition of any sort as a result of the submitted cookie name, recipe and any photographs or to any variations and/or amendments to any and all part of the submitted cookie name, recipe and photographs, other than as expressly granted in these Terms and by the Sponsors, at their sole discretion.
- PUBLICITY: Participation in this Program through the submission of a recipe constitutes permission for the Sponsors and their agencies to use the name, province of residence, voice, biographical information, statements, photographs and likeness of any participants, as well as the name, recipe and any photographs of their cookie for purposes of advertising and publicity in any and all media, now or hereafter known, throughout the world, in perpetuity, without further compensation, notification, or permission, unless prohibited by law.
- SPONSORS: You may contact the Sponsors by sending written communications to: “#National Cookie Exchange” c/o PMA Canada Ltd, 231 Oak Park Blvd, Oakville, ON, L6H 7S8. If you experience technical problems with any Program-related website or social media account and/or for general assistance, you may also contact the Sponsors by e-mail at firstname.lastname@example.org