Full Rules & Regulations


THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY
AND IS GOVERNED BY CANADIAN LAW.
ELIGIBILITY:
Contest is open to all legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled) of Joey’s Only Franchising Ltd. (the “Sponsor”), its parent companies, subsidiaries, affiliates, distributors, prize suppliers, advertising/promotion agencies and the Contest judges (collectively, the “Contest Parties”).
UPLOAD PERIOD:
No purchase necessary. The Essay/Video/Photo(s) Upload Period begins on September 1, 2010 at 12:00:01 a.m. Eastern Time (ET) and ends on October 31, 2010 at 7:00:00 p.m. ET (the “Upload Period”).
HOW TO ENTER:
To enter, go to http://www.joeys.ca/contest/howto.html(the “Website”), click on the “Fill out Online Application“button and an entry/nomination form will appear. Fully complete the entry/nomination form, which requires you (the “Entrant”) to enter: (i) your first name, last name, valid email address, telephone number and age; and (ii) the name of the nominated group/facility/charity and their phone number and email address (the “Nominee”).
NOTE: The Entrant will need the permission of the appropriate representative(s) for the Nominee to be eligible for the Contest. In the event that such permission cannot be obtained, that Entry will be disqualified from the Contest. Disqualification as a result of such failure to obtain permission or where permission is revoked by the appropriate Nominee representative(s); can occur at any point in the Contest, including after the winner has been selected. In the event that an Entry is so disqualified, the Sponsor reserves the right, in its sole discretion, to deem the next eligible Entry (according to the next highest vote total) to be the Grand Prize selected Entry. The Sponsors have full and sole authority to determine if the Nominee entered in the Contest is eligible to participate, and if the appropriate authorizations can be obtained.
The Entrant will then be required to upload:
• one (1) essay (the “Essay”) describing how the $25,000 would be used by the Nominee to “Revive the Community” and how the money would be spent; AND
• one (1) video (the “Video”) depicting, describing and/or discussing the Nominee and the Project; AND
• a minimum of one (1) photo with an option of up to three (3) photos (the “Photo(s)”) depicting the Nominee and/or the Project being nominated.
Your Essay/Video/Photo(s) must be in accordance with the specific requirements listed below in Rule 4. When all required fields are completed (including uploading your Essay/Video/Photo(s)), indicate that you agree to accept the terms and condition of these Official Rules and Regulations (the “Rules”) and click the “Submit” button to complete your (entry form and Essay/Video/Photo(s) hereinafter collectively referred to as “Entry/Entries”).
There is a limit of one (1) Entry per person/email address permitted during the Upload Period and you can only use one (1) email address to enter the Contest. More than one Entry can be submitted intothe Contest on behalf of the same Nominee. If this happens, each Entry will be voted on separately. If it is discovered that you attempted to: (i) enter more than one (1) time during the Upload Period; and/or (ii) use more than one (1) email address to enter the Contest; then (in the sole discretion of the Sponsor) your entry may be disqualified from the Contest and all of your Entries voided. Your Entry will be rejected if the entry form is not fully completed (including uploading your Essay/Video/Photo(s)) and submitted during the Upload Period. Use of any automated system to enter, vote or otherwise participate in this Contest is prohibited and will automatically result in disqualification. The Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.
ENTRY REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY BY THE CONTEST PARTIES AND THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES. .
Video Submissions must be uploaded to the JoeysCanada YouTube channel beginning 12:00:01 September 1, 2010 at www.youtube.com/joeyscanada by 11:59:59 GMT October 31, 2010. Once a video is uploaded to the JoeysCanada YouTube Channel it is considered final and may only be modified or edited at the request of the Sponsors. No Video Submissions will be returned. To become a registered user of the YouTube Site, individuals must register for an account and agree to the YouTube Website's “terms of use” set forth at http://www.youtube.com/t/terms (“Terms of Service”). There is no fee or charge to become a registered user.
Your submitted Essay/Video/Photo(s) must never have been selected as a winner in any other contest. To be eligible for entry in this Contest, your Essay/Video/Photo(s) must meet the following specific requirements:
| Type |
Type |
Language |
Acceptable Formats |
| Essay |
Up to 4000 characters |
English or French |
in the space provided |
| Video |
Length: maximum 180 seconds
Size: maximum 0.1 GB (100 MB) |
English or French |
FLV, MPEG-4 (DivX, Xvid) (preferred), MOV, MPEG-2 |
| Photo |
Minimum: 1 Photo
Maximum: 3 Photos
Size: maximum 2 MB |
English or French |
gif, .jpg, .jpeg, .png, |
By participating in the Contest, each entrant agrees to be bound by Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Essay/Video/Photo(s):
| |
- is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the videographer and photographer) in and to the Video to enter the Contest;
- does not violate any law, statute,ordinance or regulation;
- does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Video,then his/her face must be blurred out);
- will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
- is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
• Nudity;
• Explicit, graphic or excessive sexual activity;
• Crude, vulgar or offensive language and/or symbols;
• Derogatory characterizations of any ethnic, racial, sexual or religious groups;
• Content that endorses, condones and/or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
• Personal information of individuals, including, without limitation, names and addresses (physical or electronic);
• Conduct or other activities in violation of these Rules;
• Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
• Any identifiable third party products and/or trade-marks, brands or logos, other than those of Sponsor. For example, any clothing worn by persons and/or products appearing in your Video/Photo(s) must not contain any visible logos, trade-marks or other third party materials; other than those of Sponsor and
• Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest Parties in its/their sole discretion.
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The Sponsor and/or the Contest Parties will initially screen every Essay/Video/Photo(s). Any Essay/Video/Photo(s) that the Sponsor and/or the Contest Parties deem, in its/their sole discretion, to violate the terms and conditions set forth in these Rules will not be posted. Prior to being posted on the Website, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to edit or modify any Essay/Video/Photo(s), or to request an entrant to modify or edit his or her Essay/Video/Photo(s), in order to ensure that the Essay/Video/Photo(s) complies with these Rules, or for any other reason. Any Video that is deemed appropriate will be posted on the Website and the entrant will receive an email notification from Sponsor indicating that the Essay/Video/Photo(s) has been posted. If a Essay/Video/Photo(s) is deemed to be inappropriate, the entrant will receive an email notification from Sponsor indicating that the Essay/Video/Photo(s) has not been posted.
By entering the Contest and submitting a Essay/Video/Photo(s), each entrant: (i) grants to the Sponsor, in perpetuity, a non–exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Essay/Video/Photo(s), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Essay/Video/Photo(s) in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) 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. For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to modify, edit or remove any Essay/Video/Photo(s), or to request an entrant to modify or edit his or her Essay/Video/Photo(s), if a complaint is received with respect to the Video, or for any other reason. If such an action is necessary during the Voting Period (defined below), then the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to reset the vote count associated with the Entry to zero.
GRAND PRIZE:
There will be one (1) prize available to be won consisting of $25,000 CAD (Canadian Dollars) payable by cheque in the name of the Nominee as specified on the eligible Entrant’s Official Contest entry form. In the event that such Nominee has not been established or does not have suitable banking arrangements, the Sponsor reserves the right, at its sole discretion, to pay the prize to an unconnected third party to administer in trust for the purpose of accomplishing the goals outlined in the Entry. The Releasees are not responsible for the distribution of the Grand Prize. The Grand Prize must be used for the purposes outlined in the Entry. The unconnected third party will verify and approve any expenditures related to the accomplishment of goals outlined in the entry and will disperse funds to pay directly for expenses as he or she sees fit.
GRAND PRIZE WINNER SELECTION PROCESS –1 GRAND PRIZE WINNER:
Public voting will commence on November 1, 2010 at 12:00:01 a.m. ET and end on November 30, 2010 at 11:59:59 p.m. ET (the “Voting Period”). Vote on-line at http://www.joeys.ca/contest/nominations.html. A valid phone number is required for each vote for possible verification purposes. These numbers will not be used for anything outside of verifying eligible votes.
There is a limit of one vote per person/email address during the Voting Period. If it is discovered that attempts were made to: (i) vote more than once per person/email address during the Voting Period; (ii) use any automated, script, macro, robotic or other program(s) to submit votes; and/or (iii) engage in systematic voting from the same computer/IP address; then Sponsor reserves the right, in its sole discretion, to disqualify the votes and/or the Entry to which such votes relate.
AT THEIR SOLE DISCRETION, SPONSORS HAVE THE RIGHT TO DISQUALIFY ANY VOTING THAT THEY DEEM TO BE FRAUDULENT, IN VIOLATION OF THE OFFICIAL RULES OR THAT WOULD OTHERWISE UNDERMINE THE INTEGRITY OF THE CONTEST.
Immediately after the Voting Period, the Contest Parties will review the total number of eligible votes received and will select a winning entry based solely on total eligible votes received during the voting period. In the case of a tie, the Sponsor will appoint a panel of Judges to judge the tied entries on the basis of which entry best exemplifies the “revival of community”.
Votes will be tallied on December 1, 2010. Every attempt will be made to contact the Grand Prize selected entrant by email and/or phone by December 15, 2010. If you have not been contacted by this date, you may assume that you are not the Grand Prize selected entrant.
BEFORE BEING DECLARED THE WINNER, the Grand Prize selected Nominee must sign and return within ten (10) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize as awarded (iii) releases the Releasees from any liability in connection with this Contest, the Grand Prize selected Nominee’s participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof; (iv) assigns all intellectual property, including copyright, in and to his/her Entry and waives his/her moral rights therein in favour of the Sponsor; and (v) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry, including, without limitation, any claim that his/her Entry infringes a proprietary interest of any third party.
If: (i) the Grand Prize selected Nominee: (a) cannot be contacted by phone or email within three (3) attempts or ten (10) business days of December 1, 2010 (whichever occurs first); (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot accept the Grand Prize for any reason; (d) is, at the sole discretion of the Sponsor determined to be not attempting to meet the goals outlined and voted upon in the nomination; and/or (ii) there is a return of any notification as undeliverable; then he/she will forfeit their opportunity to be the Grand Prize winner and the Sponsor reserves the right, in its sole discretion, to deem the next eligible Entrant (according to the next highest vote total) to be the Grand Prize selected Nominee.
GENERAL CONDITIONS:
The Releasees will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Releasees will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.
The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries/votes. 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, including, without limitation, any decisions regarding the eligibility/disqualification of Entries, votes, Nominees and/or entrants.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned 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 submitted email address. An entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid Entry/vote in this Contest will be the Contest server machine(s). All Entries/votes are subject to verification. The Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor) to participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification.
The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw or amend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is 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 law. The Sponsor, with the consent of the Régie, reserves the right to cancel or suspend this Contest, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind.
For Quebec residents: 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 the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s Privacy Policy (available at: http://www.joeys.ca/contest/privacy.html, unless the entrant otherwise agrees.
INTELLECTUAL PROPERTY
All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
LANGUAGE DISCREPANCY
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, including, but not limited to: the Contest entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.