Contest Rules

Rules and Regulations – Ambrosia Apples Chef of the Year Contest

The Ambrosia Chef of the Year Contest (the “Contest”) allows entrants a chance to win by voting on their favourite recipe using Ambrosia apples created by our celebrity chefs. 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 https://ambrosiaapplescontest.com/rules-chef/.

Contest Sponsor

The New Varieties Development Council (“NVDC” or the “Sponsor”) is the sponsor of the Contest. The Sponsor is based in Kelowna, 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 Thursday, January 4, 2018 and closes at 4:00 p.m. Pacific Standard Time on Thursday, March 8, 2018 (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:

(a) is a legal resident of any province or territory in Canada, except Quebec;

(b) has reached the age of majority in his or her province or territory of residence; and

Employees and representatives of the Sponsor or its affiliates, orchardists, subsidiaries, related companies, agents, associates, dealers, representatives, Contest Chefs, 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:

(a) does not meet the eligibility criteria described herein;

(b) fails to comply with the Rules;

(d) attempts to disrupt the Contest or circumvent any of the Rules.

How to Enter

Entrants will be given an opportunity to vote on their favourite original recipe videos (the “Videos”) from a group of Okanagan Chefs (the “Chefs”) featuring Ambrosia apples which will be available for viewing on the Contest website.

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

Only one (1) entry/vote per person, or IP address, per day (24 hours) will be accepted during the Contest Period.

Entrants who meet the eligibility criteria may visit this page and vote for their favourite Video entries online. Instructions will be provided on the Contest entry form regarding how to VOTE.

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

There will be ONE Grand Prize winner, drawn at random from all Eligible Entries received.

The chance of winning depends on the number of entries received by the Sponsor.

General

ONE Grand Prize winner will be drawn from all eligible entries/votes. The Selected Winner will be notified by e-mail or telephone on or about the week of March 12, 2018. If a Selected Winner cannot be contacted by Friday, March 30, 2018, despite customary diligent efforts, that Selected Winner will be disqualified and another entrant will be drawn at random as the Selected Winner.

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

(a) correctly answer (un-aided) a time-limited, mathematical, skill-testing question to be administered by a representative of the Sponsor;

(b) produce valid identification and, if requested by the Sponsor, proof of age and photo identification;

(d) sign a Declaration of Compliance with Rules and Assignment, Release and Indemnity Form, which:

(i) requires the Selected Winner to confirm compliance with the Rules and acceptance of the prize as offered;

(ii) 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;

(iii) 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.

The Grand Prize will be awarded to the 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 the 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, access to the Desert Cultural Centre, and $500 spending money The value of the prize is $2070. Some blackout dates will apply.

General

The Prize must be accepted by a Selected Winner 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 reserves the right to substitute the 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.

The Prize 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 the prize shall be the sole responsibility of the winner of that prize.

Voting

Voters are limited to one (1) vote per IP address per day throughout the Contest Period. If it is discovered that an entrant or any other person has been able to or has attempted to, directly or indirectly:

(a) vote more than once during any day of the Contest Period;

(b) use multiple IP addresses or e-mail addresses, multiple names or identities, or any device or artifice, such as any automated, script, macro or robotic program(s), to submit votes; or

then the Sponsor may, at its sole discretion, take action to correct such misconduct including, without limitation, discounting such votes, removing the entry to which the misconduct relates, or disqualifying the entrant engaged in or connected to the misconduct.

The Sponsor may disqualify any votes that it deems to be in violation of the Rules. All votes are subject to verification. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any person who wishes to vote in the Contest or to have such votes considered valid for the purposes of this Contest.

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 reserves the right, in its sole discretion, to disqualify any entrant found to be:

(a) violating the Rules;

(b) tampering or attempting to tamper with the entry process or the operation of the Contest;

(d) 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.

All entries become the sole property of Sponsor and will not be returned. The Sponsor may at any time, and in its sole discretion, disqualify any entry that it believes 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.

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:

(a) the entrant’s participation in the Contest;

(b) the entrant’s failure to comply with any of Rules;

(d) 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:

(a) incorrect or inaccurate transcription of entry information or late, lost, incomplete, misdirected entries, or entries received through impermissible or illegitimate channels;

(b) technical failures of any kind, including without limitation the malfunctioning of any telephone,

computer, network, hardware or software;

(d) unauthorized human intervention in any part of the entry process or the Contest;

(e) electronic or human error which may occur in the administration of or the processing of entries; or

(f) 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:

(a) 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);

(b) 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

(c) 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 https://ambrosiaapplescontest.com/privacy-policy. 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, trademarks, 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’s 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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