Contest Rules – An Ambrosia Apple A Day Contest

Contest Rules & Regulations

The An Ambrosia Apple A Day Photo Contest (the “Contest”) allows entrants the opportunity to compete for a chance to win by submitting an original photo of Ambrosia apples. By entering the Contest, each entrant agrees to abide by these Contest rules and regulations (the “Rules”) and the decisions of the Contest Sponsor, and to comply with all applicable laws. The Rules may be updated or revised from time to time without notice to entrants and will be available at www.AmbrosiaApplesContest.com.

Contest Sponsor

The New Varieties Development Council (“NVDC” or the “Sponsor”) is the Sponsor of the Contest. The NVDC is based in Summerland, British Columbia and is responsible for the marketing and promotion of Ambrosia apples.

Contest Period

The Contest opens at 9:00 a.m. Pacific Standard Time on Tuesday, January 8, 2019 and closes at 4:00 p.m. Pacific Standard Time on Friday, March 15, 2019 (the “Contest Period”). Only entries received by the Sponsor within the Contest Period will be eligible to win.

Entrant Eligibility

The Contest is open to any entrant who:

  • is a legal resident of any province or territory in Canada, except Quebec;
  • has reached the age of majority in his or her province or territory of residence; and
  • submits a valid and complete contest entry form during the Contest Period online at www.AmbrosiaApplesContest.com.
  • Employees and representatives of the Sponsor or its affiliates, orchardists, subsidiaries, related companies, agents, associates, dealers, representatives, contest judges, prize sponsors, advertising and promotional agencies (collectively the “Contest Entities”) or any members of the immediate families of the Contest Entities (defined as siblings, step-siblings, spouses, parents, step-parents, grandparents, grandchildren, or children) or any persons with whom they are domiciled are not eligible to participate in the Contest.

The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest.  Failure to provide such proof may result in disqualification.

The Sponsor may at any time, and in its sole discretion, disqualify any entrant who:

  • does not meet the eligibility criteria described herein;
  • fails to comply with the Rules;
  • attempts to enter the Contest in any manner or through any means other than as described in Rules; or
  • attempts to disrupt the Contest or circumvent any of the Rules.

How to Enter

Entrants will submit an original photo featuring Ambrosia apples (the “Photo”) to the Contest website. The Photo must be an original of the entrant and, for greater certainty, must not be copied from or based on copyrighted or other works of third parties.

No purchase or entry fees are required to enter the Contest or to be awarded a prize.

Only one (1) entry per person, per day will be accepted during the Contest Period.  Incomplete entries will not be considered.  Repeat entries of the same Photo will only be considered once.

Entrants who meet the eligibility criteria must go to www.AmbrosiaApples.com/Canada and submit their entries online.  Instructions will be provided on the Contest entry form regarding uploading the Photo.

Entrants must complete the Contest entry form in full, including all required contact information. Entrants are solely responsible for ensuring that all information submitted is accurate, truthful, complete, and in no way misleading. Each Contest entry form that complies with, and is submitted in accordance with, these Rules will be eligible for entry in the Contest.

The Sponsor will not be responsible for any lost, delayed, misdirected, illegible, incomplete, damaged or undeliverable entries, or any delay or failure to transmit, process, receive or consider entries.

Entries made using multiple addresses or e-mail addresses, multiple names or identities, or through the use of any device or artifice, such as any automated, script, macro or robotic program(s), to enter in excess of the permitted number of entries during the Contest Period are automatically void. In the event of a dispute, submissions shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. The authorized account holder is deemed to be the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.

Selection of Winners

One GRAND PRIZE winner will be announced.

A panel of three (3) judges (the “Judges”) appointed by the Sponsor will judge all eligible entries. The Judges will select the Grand Prize described below.

The judging will take place after the Contest Period, on or about the week of March 15, 2019.

The chances of winning the grand, second, or third prizes depend on the number and quality of entries received by the Sponsor and on the decisions of the Judges acting in their sole discretion.

The public is also encouraged to vote for their favourite photo by visiting www.AmbrosiaApplesContest.com. There is no prize awarded for the winner of the popular vote. Voting will be available from 9:00 a.m. Pacific Standard Time on Tuesday, January 8, 2019 and closes at 4:00 p.m. Pacific Standard Time on Friday, March 15, 2019. Each voter is limited to one (1) vote per photo per IP address per day.

General

The entrants who are selected to win (the “Selected Winners”) will be notified by e-mail or telephone on or about the week of March 18, 2019.  If a Selected Winner cannot be contacted by March 25, 2019, despite customary diligent efforts, that Selected Winner will be disqualified and another entrant will be chosen as a Selected Winner.

In order to be eligible to claim the prize, a Selected Winner must:

  • correctly answer (un-aided) a time-limited, mathematical, skill-testing question to be administered by a representative of the Sponsor;
  • produce valid identification and, if requested by the Sponsor, proof of age and photo identification;
  • comply with all terms and conditions set out in the Rules; and
  • sign a Declaration of Compliance with Rules and Assignment, Release and Indemnity Form, which:
    • requires the Selected Winner to confirm compliance with the Rules and acceptance of the prize as offered;
    • releases the Sponsor and the Contest Entities with respect to injuries, accident, loss, damages or any other liability relating to the Contest or the awarding of the prize, and indemnifies the Sponsor and the Contest Entities against any and all claims, damages, liabilities, costs, and expenses incurred in connection with the Contest and any prize;
    • acknowledges the Sponsor’s and Contest Entities’ right to publish and/or broadcast the Selected Winner’s picture, name, address, voice, and statements without further compensation other than the prize offered; and
    • assigns the Selected Winner’s rights in any user generated content (“UGC”), including original recipes and photos submitted by the entrant, to the Sponsor.

Prizes will be awarded to each Selected Winner upon receipt of the signed and fully completed Declaration of Compliance with Rules and Assignment, Release and Indemnity Form. If the above requirements are not met, the Selected Winner will be disqualified and another winner will be selected.

If a Selected Winner cannot accept the prize as awarded for any reason, including inability to correctly answer the skill-testing question, decline of the prize, or failure to return the Declaration of Compliance with Rules and Assignment, Release and Indemnity Form as specified above, the Sponsor reserves the right, at its sole discretion, to select another eligible entrant to win the prize.

Prize

One GRAND PRIZE will be awarded of: Three nights at the Spirit Ridge Resort in Osoyoos, winery tour tasting and lunch at Nk’mip winery, $200 credit for Solterra Spa, access to the Nk’Mip Desert Cultural Centre, and $500 spending money. Total prize value: $2070 CD.

Prize must be accepted as awarded and used by May 31, 2019.

General

Prizes must be accepted by the Selected Winners, as described in the Rules, and cannot substituted for another prize, or exchanged in whole or in part, for cash, except as otherwise set out in the Rules. The Sponsor reserve the right to substitute any prize outlined in the Rules for a prize of at least equal or greater value in the event that the original prize is no longer available, or for any other reason. Under no circumstances will the Sponsor or the Contest Entities be required to award more prizes than those set out in the Rules or to award a prize other than in accordance with Rules.

Prizes will only be awarded to Selected Winners whose name, e-mail address, and any other required contact information appear on the online Contest entry form. Any expenses or costs associated with accepting or collecting any prize shall be the sole responsibility of the winner of that prize.

Conditions of Winning

Without limiting the generality of the Rules, each Selected Winner shall irrevocably grant, transfer, convey and assign to the Sponsor the entirety of the rights in and to any UGC submitted by such Selected Winner and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the UGC for any and all purposes in any and all media whether now known or hereafter developed, in perpetuity. Each entrant accepts and acknowledges that the Sponsor shall not be obligated to use the UGC and that the Sponsor in its sole discretion shall have the right to refrain from using the UGC. The Sponsor shall not incur any liability whatsoever to the extent the Sponsor choose to refrain from any exploitation of its rights hereunder. Furthermore, each Selected Winner agrees to indemnify the Sponsor and any licensee of the Sponsor against all claims, damages, liabilities, and expenses (including legal fees and expenses on a solicitor and own client basis) arising out of any breach of these terms.

Conduct

By participating in the Contest, each entrant agrees to be bound by the Rules and by the interpretation of the Rules by the Sponsor. Entrants further agree to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserve the right, in its sole discretion, to disqualify any entrant found to be:

  • violating the Rules;
  • tampering or attempting to tamper with the entry process or the operation of the Contest;
  • violating the terms of service, conditions of use and/or general rules or guidelines of the Contest website; or
  • acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

Any attempt to deliberately damage the Contest website or interfere with the legitimate operation of the Contest may be a violation of criminal and civil laws, and the Sponsor reserves the right to seek damages and/or other relief from all responsible persons to the fullest extent permitted by law.

By participating in the Contest, each entrant further represents and warrants to the Sponsor that the entrant has obtained all permissions, licenses and rights required to lawfully participate in the Contest, and that any UGC created, entered or submitted to the Contest, including the Photo:

  • is original to the entrant and that the entrant has all necessary rights in and to the UGC to enter it in the Contest;
  • does not and will not violate any law, statute, ordinance or regulation;
  • does not contain any reference to or likeness of any third parties, unless consent has been obtained from all such individuals;
  • 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;
    • sexual activity;
    • crude, vulgar or offensive language and/or symbols;
    • derogatory characterizations of any ethnic, racial, sexual or religious groups;
    • content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
    • personal information of individuals, including without limitation, names and addresses (physical or e-mail);
    • conduct or other activities in violation of the Rules;
    • commercial messages, comparisons or solicitations for products or services;
    • any identifiable third party products and/or trade-marks, brands or logos, and as such any clothing worn by persons or food used in the Recipe which appears in the Photo must not contain any visible logos, trade-marks or other third party materials;
    • any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the contest Judges in their sole and exclusive discretion.

All entries become the sole property of the Sponsor and will not be returned. The Sponsor may at any time, and in its sole discretion, disqualify any entry that they believe may infringe on the rights of any third parties or that the it deems inappropriate, lewd or offensive in any way or which otherwise may not comply in full with the Rules.

Waiver of Moral Rights

By entering the Contest, each entrant irrevocably and exclusively waives all legal and moral rights in any UGC, including recipes and photos created by the entrant. Such waiver is made in favour of the Sponsor.

License

By entering the Contest and uploading any UGC, each entrant agrees that the Sponsor shall have an irrevocable, non-exclusive, perpetual, universe-wide, fully paid-up and royalty-free license to copy, excerpt, edit and repurpose all UGC, and to use, re-use, publish, re-publish, display, reproduce, modify and otherwise exploit such UGC in whole or in part, individually or in conjunction with other photographs or images, in any and all media now known or hereafter devised and for any purpose whatsoever, including, without limitation, for use in advertising, promotion and trade and on merchandise, and to use the name, likeness and photograph of each entrant in connection therewith if the Sponsor so chooses in its sole discretion without any additional compensation. Participating entrants agree that they will not be compensated for submitting any UGC. Only UGC that is submitted in accordance with the Rules will be eligible for selection.

Disclaimers, Liability, and Indemnification

By participating in the Contest, each entrant releases and agrees to indemnify and hold harmless the Sponsor and the Contest Entities from any and all damages, injuries, claims, causes of actions or losses of any kind (including actual legal fees and expenses) arising from or related to:

  • the entrant’s participation in the Contest;
  • the entrant’s failure to comply with any of Rules;
  • any misrepresentation the entrant makes under the Rules or otherwise to the Sponsor; or
  • the receipt or use of any awarded prize.

The Sponsor shall have no liability for any loss or damage of any entries in the Contest or for any other loss or damage resulting directly or indirectly from any entrant’s participation in the Contest. The Sponsor is not responsible for:

  • incorrect or inaccurate transcription of entry information or late, lost, incomplete, misdirected entries, or entries received through impermissible or illegitimate channels;
  • technical failures of any kind, including without limitation the malfunctioning of any telephone, computer, network, hardware or software;
  • the unavailability or inaccessibility of any service;
  • unauthorized human intervention in any part of the entry process or the Contest;
  • electronic or human error which may occur in the administration of or the processing of entries; or
  • any injury or damage to persons or property, including without limitation an entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from the entrant’s participation in the Contest.

The Sponsor will not be liable to any entrant for any indirect, special, consequential, or punitive damages in connection with the Contest or the Rules.

Privacy / Use of Personal Information

Each entrant will provide personal information on the Contest entry form, which will be collected by the Sponsor. By participating in the Contest, each entrant consents to:

  • the collection, use, storage, and disclosure of the entrant’s name, mailing address, telephone number, e-mail address, voice, declarations, photograph or other likeness, and any other disclosed personal information (collectively the “Personal Information”) for the purpose of administering the Contest, including, but not limited to, contacting and announcing the winner(s);
  • the Sponsor using the entrant’s Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and
  • the Sponsor disclosing the entrant’s Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (a) and (b) above.

The Sponsor will only use each entrant’s Personal Information for the purposes identified in the Rules. The Sponsor will not sell, rent, or otherwise transfer any entrant’s Personal Information to any third party, except as set out herein. The Sponsor will protect the entrant’s personal information in a manner that is consistent with the Sponsor’s Privacy Policy found at www.AmbrosiaApplesContest.com. The Sponsor will destroy the entrant’s Personal Information within a reasonable time after the closing of the contest.

Intellectual Property

All intellectual property, including, but not limited to, trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

Termination

If for any reason the Sponsor cannot run the Contest as planned, (including as a result of tampering, unauthorized intervention, fraud, technical failures, infection by computer virus or any other cause that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of the Contest), the Sponsor reserves the right to cancel, modify, extend or suspend the Contest. In that event, the Sponsor may determine the winner from among the eligible entries received up to the time of the impairment, or cancellation of the Contest.

Law

These Contest Rules constitute the complete rules and regulations associated with the Contest. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Rules are subject to change by the Sponsor without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Contest and the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia. If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Disputes

All disputes, claims and causes of action arising out of or connected with the Contest or the Rules will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction in the Province of British Columbia, Canada.

Language Discrepancy

In the event of any discrepancy or inconsistency between the terms and conditions of the Rules and disclosures or other statements contained in any of related materials, including, but not limited to, the Contest entry form, or point of sale, print or online advertising, the terms and conditions of the Rules shall prevail, govern and control.

General

The Sponsor will not enter into correspondence with any entrant except with the Selected Winner(s) and at the Sponsor’ own initiative. The decisions of the Sponsor in relation to the Contest will be final and binding on all entrants. The Sponsor reserves the right to disqualify entrants and/or entries that do not comply with the Rules. The Sponsor will be the sole and final reference source in validating a prize claim.


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