Daisy Swag Giveaway - Contest Rules

THE DAISY SWAG GIVEAWAY (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW.  NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY.  VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW.  ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (“CONTEST RULES”).

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TIKTOK. PARTICIPANTS ACKNOWLEDGE THAT BY ENTERING THIS CONTEST THEY ARE PROVIDING THEIR INFORMATION TO THE SPONSOR AS DESCRIBED BELOW AND NOT TO TIKTOK.

1.  ELIGIBILITY:

 To be eligible for this Contest, an individual must:

(a)  be a legal resident of Canada;

(b)  be of the age of majority in the province or territory of residence or older at the time of entry;

(c) have a valid TikTok account that has been set up to allow receiving direct messages, and

(d) be the sole owner of all right, title and interest (including copyright) in and to the Submission (as defined below) submitted in connection with this Contest.

Employees of Dairy Farmers of Canada ( “Sponsor”), its affiliates, subsidiaries, related companies, Contest administrator, advertising and promotional agencies and the suppliers of the Prize (as hereinafter defined) or of other materials or services in connection with the Contest (collectively “Contest Parties”) and the immediate family (defined as parents, siblings, children and/or spouse) of the Contest Parties and all other persons whom reside with the  Contest Parties, are not eligible to enter the Contest.

The Sponsor shall have the right at any time, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsor – including, without limitation, government issued photo identification) to participate in the Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purpose of a valid entry in this Contest will be the Sponsor. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserve the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD:

The Contest begins on March 29, 2023 at 9 a.m. Eastern Time and ends April 5, 2023 at 11:59 p.m. Eastern Time, at which time the Contest will be closed, and no further entries shall be accepted (the “Contest Period”).

3.            HOW TO ENTER:

a. To participate in this Contest, you must have a valid TikTok Account (“Account”).  If you do not have an Account, visit www.tiktok.com and register in accordance with the enrolment instructions for a free TikTok account.

b. NO PURCHASE NECESSARY.  During the Contest Period, you can enter the Contest by adding a comment to the TikTok “MOO_DAISY” (https://www.tiktok.com/@moo_daisy) Contest posts (“Submission”) using your Account.  To be eligible, your Submission must:

    i. be in accordance with the specific Submission Requirements listed below in Rule 4; and

    ii. comply with the TikTok Terms of Services and TikTok Rules available at www.tiktok.com.

c. Any Submission that does not follow the above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest.

d. A Submission will be considered to be void (and an entry will not be granted) if the Submission: (i) does not describe and/or discuss the posted question (as determined by Sponsor in its sole and absolute discretion); (ii) is incomplete or illegible; (iii) is not submitted and received during the Contest Period in accordance with these Contest Rules; (iv) does not comply with the TikTok Terms of Services and TikTok Rules; and/or (v) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by Sponsor in its sole and absolute discretion).

e. Standard text messaging and/or data rates apply to entrants who submit a Submission via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received.  Please call your service provider for pricing and service plan information and rates before mobile device participation.

f. There is a limit of one (1) Submission per person permitted during the Contest Period posted on your Account.  For greater certainty, you can only use one (1) Account to enter the Contest.  If it is discovered that any person has attempted to: (i) submit more than one (1) Submission per person/email address/Account during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email/ Account to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest and all of his/her Submissions voided.  Use (or attempted use) of multiple names, identities, email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Submissions (all of which are void). 

g. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ANY PERSON BE PERMITTED TO OBTAIN MORE THAN THE MAXIMUM NUMBER OF ENTRIES AS STATED IN THESE CONTEST RULES.

h. Shipped Prize(s) shall not be insured, and the Sponsor shall not assume any liability for lost, damaged or misdirected Prize(s).

4.            SUBMISSION REQUIREMENTS:

By submitting a SUBMISSION, you agree that the SUBMISSION complies with all conditions stated in these CONTEST Rules AND THE TIKTOK TERMS OF SERVICE AND RULES.  The RELEASEES (DEFINED BELOW) will bear no legal liability regarding the use of ANY SUBMISSION YOU SUBMIT.  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 THE ABOVE MENTIONED TERMS OF SERVICES OR RULES.

a. Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, any Submission you submit must be unique and original (i.e. you cannot submit the same Submission more than one time in this Contest and/or copy someone else’s Submission in whole or in part) and must be written in English or French only, depending on if you enter using the English or French Contest material.

b. By participating in the Contest, each entrant agrees to be legally bound by these Contest Rules and by the interpretation of these Contest Rules by the Sponsor, and further warrants and represents that any Submission he/she submits:

     i. is original to him/her and that the entrant has all necessary rights in and to the Submission to enter the Contest;

     ii. does not violate any law;

     iii. does not contain any reference to any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;

     iv. 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 whatsoever; and

     v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Contest Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

c.  By entering the Contest and submitting a Submission, each entrant: (i) without limiting the TikTok Terms of Service and Rules, grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, 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 Submission 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 that relate in any way to the Submission.  For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or disqualify any Submission if a complaint is received with respect to the Submission, or for any other reason.  If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Submission (and corresponding Entry) and/or the associated entrant.   If the Sponsor determines, in its sole and absolute discretion, that any Submission does not comply with these Contest Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Submission (and corresponding Entry) and/or the associated entrant.  Submissions will NOT be judged.

5.            PRIZE(S) AND APPROXIMATE RETAIL VALUE(S):

There will be ten (10) prizes available to be won, each prize consisting of one (1) hoodie (the “Prize”), with each Prize having an approximate retail prize value of ninety four Canadian dollars and seventy five cents (CDN $ 94.75).  The Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).  No substitutions except at Sponsor’s option.  Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.  Each Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Account associated with the selected entry.

6.             WINNER SELECTION:

All Submissions posted during the Contest Period will be reviewed and the winners will be drawn at random on April 6, 2023 at 2PM Eastern Time at the offices of Dairy Farmers of Canada situated at 1010 de la Gauchetière Ouest, suite 1300, Montréal (Québec).  On April 6, 2023, an announcement will be made on the original TikTok contest post to announce the winners (“Announcement”).  The Sponsor will direct message the winners of the Prize. If a selected entrant does not contact the Dairy Farmers of Canada within three (3) business days of the Announcement then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible winner on the basis of a random draw (in which case the foregoing provisions of this section shall apply to such new selected entrant).

Before being declared A CONFIRMED PRIZE winner, each selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within two (2) business days of verification as a Prize Winner, the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Contest Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) assigns all intellectual property, including copyright, in and to his/her Submission and waives his/her moral rights therein in favour of the Sponsor; (iv) agrees to indemnify the Releasees against any and all harm, claims, damages, liabilities, costs, and expenses arising from use of his/her Submission including, without limitation, any claim that his/her Submission infringes a proprietary interest of any third party; (v) releases the Releasees from any and all liability, in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (vi) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet.  If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; and/or (c) cannot or refuses to accept his/her Prize as awarded for any reason, then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible winner on the basis of a random draw (in which case the foregoing provisions of this section shall apply to such new selected entrant).

7.            GENERAL CONDITIONS:

By participating in this Contest, each entrant: (i) agrees to be bound by these Contest Rules, (ii) agrees to release and hold harmless 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; and (iii) releases the Releasees from any and all liability in connection with this Contest and his/her participation therein.

The Releasees will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Submission to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above. The Releasees are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Releases assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Releasees, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest.

In the event of a dispute regarding who submitted a Submission, Submissions will be deemed to have been submitted by the authorized account holder of the Account submitted at the time of entry (as determined by Sponsor).  An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the TikTok account associated with the selected Submission and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Contest Rules.

The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Contest 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 Contest Rules.  Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) 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 reserves the right to cancel, amend or suspend this Contest, or to amend these Contest Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.

These are the official Contest Rules.  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 entrants and/or Submissions. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest 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 Ontario without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

The Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux (the “Régie”), in its sole and absolute discretion, and without prior notice, to terminate the Contest, in whole or in part or to adjust any of the dates and/or timeframes stipulated in these Contest Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Submission with these Contest Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Contest Rules, or for any other reason.

For Quebec residents only. Any litigation respecting the conduct or organization of a publicity contest in Québec may be submitted to the Régie 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 participating in the Contest, each entrant: (i) grants to the Sponsor the right to use his/her name, mailing address, age range, telephone number, e-mail address and their Submission (collectively the “Personal Information”) for the purpose of administering the Contest, including but not limited to, contacting and announcing the Prize Winners and coordinating the provision of the Prizes; (ii) grants to the Sponsor the right to use his/her 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 (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above. Sponsor will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with Sponsor’s Privacy Policy at: https://dairyfarmersofcanada.ca/en/privacy-statement.

All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations is owned by the Sponsor and/or their 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.

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

This Contest is in no way sponsored, endorsed or administered by any social media platforms on which the Contest may have been promoted and/or publicized. Any questions, Submissions or complaints regarding the Contest must be directed to the Sponsor.