Easter 2016 Facebook Contest
Easter 2016 (Facebook contest) – Terms & Conditions
This Contest is open to participants (“Participants” or “you”) who are legal residents of the province of Alberta, Canada and age 18 years or older at the time of entry. This Contest is not open to: (1) employees or internally contracted vendors of Egg Farmers of Alberta or its parent/subsidiaries, agents and affiliates; (2) the immediate family members or members of the same household of any such employee or vendor; (3) anyone professionally involved in the development or administration of this Contest; or, (5) any employee whose employer’s guidelines or regulations do not allow entry in the Contest or acceptance of the prize(s).
HOW TO ENTER
This contest is happening over Facebook. For a chance to be selected as a winner, contestants must do the following: submit a photo of you and/or your family decorating Easter eggs via EFA’s Facebook page on or before March 27, 2016. Entries must be received during the Contest Period. Egg Farmers of Alberta is not responsible for late, lost, delayed, damaged, misdirected, incomplete, void, corrupted, garbled, illegible, and/or unintelligible entries, or for any problems, bugs or malfunctions Participants may encounter when submitting their entry. Only complete valid entries shared on Facebook will be accepted. Egg Farmers of Alberta will not verify receipt of entries. Participants must provide all information requested to be eligible to win. Egg Farmers of Alberta reserves the right to disqualify false entries or entries suspected of being false. Incomplete, unreadable, or unintelligible entries, in the sole discretion of Egg Farmers of Alberta, will be disqualified. All entries submitted become the sole property of Egg Farmers of Alberta and will not be acknowledged or returned.
The contest entry must be free of profanity and obscene language. All valid submissions will be judged according to originality, quality and best use of creativity to decorate eggs for Easter.
Subject to the terms of these Official Rules, once confirmed by Egg Farmers of Alberta, the contestant who complies with the conditions herein (the “Winner”) will receive the follow prize: Egg Farmers of Alberta gift basket. Odds of winning depend on the number of entries received. The approximate retail values are subject to change based on current market conditions at the time of prize fulfillment. The Winner is not entitled to any surplus between actual retail value (ARV) of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, assignment, transfer, or cash redemption of any prize is allowed by Winner. Egg Farmers of Alberta reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. If applicable, prizes may be awarded in the form of voucher(s), coupon(s) and/or gift card(s) in Egg Farmers of Alberta’s sole discretion. If a potential winner is unable to participate in or accept the prize or any portion of the prize for any reason, Egg Farmers of Alberta shall have no further obligation to such potential winner. Neither Egg Farmers of Alberta nor any of its prize suppliers will replace any lost or stolen prizes, cards or certificates after being awarded to the Winner. In no event will Egg Farmers of Alberta be responsible for awarding more than the stated number of prizes.
The submission period will take place on a beginning March 19, 2016 ending on March 27, 2016. The deadline for submission will be on March 27 at 11:59 p.m. The Winner will be announced on March 28, 2016.
NOTIFICATION OF WINNER(S)
The potential winners will be notified through a Facebook post tagged with their username, as well as a reply email to their submission. Egg Farmers of Alberta’s decision will be final in all matters. Egg Farmers of Alberta may also send potential winner(s) a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, potential winners receiving such a Release may be required to complete and return it with in the time period specified there in. The prize may be forfeited and, in such case, an alternate potential winner may in Egg Farmers of Alberta’s discretion be selected from among the remaining eligible entries (using the criteria described above), if a potential winner: (i) cannot be reached after reasonable efforts have been made; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot accept or receive the prize for any reason. Prizes will be sent to Winners as quickly as practicable following notification (and receipt of any Release and related document, if applicable).
CONTENT AND LICENSE TERMS
Originality: By participating in this Contest, Participant warrants and represents that his or her entry:
- is original and has been legally created, and that Participant owns all rights to the entry;
- does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
- has not been entered in any previous contest or won any previous award;
- has not been published or distributed previously in any media; and
- complies in all respects with the requirements set out in these Official Rules.
Third Party Rights. No part of any entry may depict recognizable third party marks, copyrights, brands or other property, unless Participant has obtained all proper licenses. The entry must not contain any elements that would infringe upon any third party’s rights (intellectual property or otherwise), and must not include any commercial content that: (1) promotes any product or service, other than one owned or branded by Egg Farmers of Alberta, or (2) disparages Egg Farmers of Alberta, its affiliates, partners, customers, competitors or any third party in any way. Egg Farmers of Alberta’s determination as to whether Participant’s submission potentially violates the rights of any third party is final. Permissions and Releases. If applicable: Participant represents and warrants that he or she has obtained permission from each person whose name, image, likeness and/or voice (“Likeness”) is included in any entry, and that such person(s) has/have granted Participant all necessary rights to use the person’s Likeness as described in these rules, and that Participant can make written copies of such permissions available to Egg Farmers of Alberta upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor’s parent or legal guardian authorizing the use of the minor’s likeness on behalf of the minor. Participant represents and warrants that he or she has obtained written permission when filming or photo graphing any part of his or her entry on private property not owned or controlled by Participant, where such permission is required. Additional Content Limitations. Participant’s entry must not include anything in its theme or language that would offend parents acting reasonably within contemporary community standards, whose young children view the entry, and must not include any nudity, sex, explicit activity, violence or drug use, nor any references to same. License Grant. By submitting any entry in this Contest, Participant irrevocably grants Egg Farmers of Alberta and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, irrevocable and perpetual right and permission, royalty-free, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), for any purpose, the Participant’s entry and ideas and materials contained therein, including, but not limited to, any recordings and performances contained therein (in each case, as submitted or as edited/modified in any way by the Egg Farmers of Alberta, in its sole discretion), as well as to use Participant’s Likeness, and/or statements regarding his/her participation in this Contest (with or without using the Participant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Participant, or any other party. Participant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude Egg Farmers of Alberta’s use of the Submission, and agrees not to sue or assert any claim against Egg Farmers of Alberta for the use of the Submission or Participant’s Likeness or statements.
The Contest is subject to applicable federal, provincial and local laws, and these Official Rules. Each Winner will be solely responsible for any local, provincial, country or any other applicable taxes, and any other costs, expenses and fees in connection with the prize. Participant grants permission to Egg Farmers of Alberta and its authorized representatives to use his/her name, address (city and province/territory/country), photograph, voice, and/or other likeness for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, and on the Internet and world wide web, in perpetuity, without notice, consideration, review or approval. Following the Contest Period, Egg Farmers of Alberta shall not be required to retain records of any Entries. By participating, Participant thereby: (a) agrees bound by these Official Rules, and the decisions of Egg Farmers of Alberta, which shall be final and binding; and (b) waives any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. Once submitted, an Entry cannot be deleted or cancelled. If any prize involves travel, all Winners are responsible for applicable costs, expenses and fees. Participant acknowledges and agrees that Egg Farmers of Alberta has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize or the Contest. All warranties are hereby disclaimed; and each potential winner will accept the Prize “AS IS.” All costs and expenses, including support services, not specifically listed above as part of the prize, are solely the Winner’s responsibility. In the event of a dispute as to the source of any Entry, the authorized account holder of the email address used to enter will be deemed to be the person making the Entry. The authorized “account holder” is the natural person assigned to the email address by the organization responsible for assigning Facebook pages. Subject to applicable law, Egg Farmers of Alberta reserves the right in its discretion, to (a) cancel, terminate, modify or suspend this Contest and these Official Rules, for any reason, at any time and without any liability, and (b) limit or restrict participation in the Contest, upon notice. All Participants are solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or company policies, if any, regarding Participant’s participation in trade promotions or acceptance of promotional prizes; and by entering this Contest, Participant confirms that he or she is not in violation of any of the foregoing and has obtained the consent of his or her employer to participate, if applicable. If a Participant is not permitted to accept any received prize, then the Participant may return such prize to Egg Farmers of Alberta; and Egg Farmers of Alberta will refund the cost of shipment, as appropriate. Use of any automated entry device or software is prohibited. Creation or use of multiple accounts for registration or participation in the Contest is prohibited. To the extent the Contest uses or requires functionality of any third party website (e.g., Facebook, or platforms that enable broad communications, collaboration and/or posting of videos), you understand that the Contest is not sponsored by Facebook or any other third party site, and further agree to follow the policies onFacebook or other such websites, as applicable. Egg Farmers of Alberta reserves the right to disqualify any Participant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules, or otherwise acts in an uncooperative, unsportsmanlike, disruptive, abusive, or threatening manner; and Egg Farmers of Alberta reserves the right to cancel the Contest should it suspect fraud or for reasons out of its control. Disputes regarding these Official Rules and/or this Contest will be governed by the contest laws of Alberta, Canada. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, EGG FARMERS OF ALBERTA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Egg Farmers of Alberta is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Contest administration; (e) technical or human error which may occur in the administration of the Contest or the processing of entries; or (f) other factors beyond Egg Farmers of Alberta’s reasonable control. Egg Farmers of Alberta is not responsible for injury or damage to any Participant’s or any other person’s computer related to or resulting from participating in the Contest or its prizes. If for any reason the Contest is not capable of running as planned by Egg Farmers of Alberta, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in Egg Farmers of Alberta’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Egg Famers of Alberta reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. If Contest is cancelled prior to the end of the Contest Period, for the reasons stated above, notice will be posted on Facebook; and some or all of the prizes may, in Egg Farmers of Alberta’s sole discretion, be awarded to potential winners to be selected (using the judging criteria described above) from among all the remaining uncorrupted entries received up until the time of modification or cancellation. Egg Farmers of Alberta shall not be liable to any Participant or other person for failure to supply any prize or any part thereof, by reason of the prize becoming, for reasons beyond the reasonable control of Egg Farmers of Alberta, unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Egg Farmer of Alberta’s control. Contest will not take place on Canadian holidays that fall on a Friday or Monday.
LIMITATIONS OF LIABILITY AND RELEASE
PARTICIPANT AGREES THAT EGG FARMERS OF ALBERTA, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY PARTICIPANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR DEATH. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND IN CONNECTION WITH THE CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
Participant acknowledges and agrees that Egg Farmers of Alberta may use the Contest (including any submission) for publicity, advertising or other marketing purposes, in any media, and may use the name, likeness, and hometown name and/or prize information of potential winners as part of that publicity, without additional compensation to the potential winners.
OFFICIAL RULES AND WINNERS’ LIST
For a copy of these Official Rules or the names of Winners, please send your request and a self-addressed, stamped envelope to David Webb, Egg Farmers of Alberta #101-90 Freeport Blvd NE, Calgary, AB T3J 5J9. Winners list to be available approximately ten days after the Contest Period.