PC Chef Halloween Contest (“CONTEST”)
OFFICIAL CONTEST RULES (“RULES”)
1) SPONSOR: This Contest is sponsored by PC Chef (the “Sponsor”) and administered PC Chef (the “Contest Administrator”) and the prize(s) are provided by PC Chef (“Prize Provider”).
2) CONTEST PERIOD: This Contest begins on October 24, 2020 at 12:00pm (ET) on closes October 30, 2020 at 11:59pm (ET) the (“Contest Closing date”) (collectively the “Contest Period”).
3) HOW TO ENTER: NO PURCHASE NECESSARY. To enter, open the Instagram® App (the “Contest App”) “follow” the Sponsor @pc.chef on Instagram® and then comment on the designated PC Chef post. The comment must explain you plans for Halloween 2020 and you must tag someone you know in the comment. You must set your Instagram® account privacy settings set to “Off” from the time of entry until Oct 31, 2020 to allow Sponsor to contact you in the event you are selected as a Potential Winner.
Entries must be received no later than the Contest Closing Date. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a prize.
No entry limit during the Contest Period.
Each comment must be original, have not been previously published or won any other prize/award, not infringe copyright or other intellectual property rights of any other party, and must be suitable for publication (i.e. must not be obscene or indecent or contain content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.) Sponsor reserves the right, in its sole discretion, to reject any Entry the Sponsor deems not to be in keeping with the rules of this Contest, or that the Sponsor learns has been previously published, entered into another contest or competition, or won any other prize or award.
By entering, each Entrant acknowledges and agrees that submitting a comment online brings the Entry within the public view and, as such, the Entrant waives any claims against the Sponsor and indemnifies and holds Sponsor harmless against any third party claims for damages or injury attributable to the Sponsor for any copying, re-posting or unlawful use of the submitted comment that may result.
Entries must not: include celebrities (or celebrity likeness); disparage any persons or organizations; contain any personal or commercial solicitations, advertisements or promotional materials; feature alcoholic beverages, tobacco products, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries, or gambling; contain material which is in Sponsor's sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, violent, discriminatory (including based on race, sex, religion, natural origin, physical disability, sexual orientation or age), profane, or harassing; or contain material that is threatening to any person, place, business or group or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; violate any law, statute, ordinance or regulation and must be in line with the Sponsor's image and reputation as determined by Sponsor, in its sole discretion.
All comments shall become the property of the Sponsor and will not be returned to entrants. The entrant irrevocably assigns and transfers to the Sponsor any and all rights, title and interest in the comment including, without limitation, all copyright. Sponsor shall have the right to edit or modify the comment for use in perpetuity without any further consent or compensation. Comments should not bear the names, trademarks or logos of any third party.
Sponsor assumes no responsibility for any claims against infringement with respect to any Entry submitted. By entering this Contest each Entrant (i) represents that the said Entry does not infringe on any third party’s copyright materials, trade-mark or other intellectual property rights, (ii) agrees to release, indemnify, discharge and hold harmless the Promotion Parties, their respective parent, subsidiary and affiliated companies, and their respective officers, directors, employees, agents and representatives from any claim or liability arising from or related to submission of the Entry and participation in this Contest, (iii) grants the Sponsor, an unlimited, royalty free, irrevocable, right and license to edit, modify reproduce, post and/or broadcast the Entry in any form of media now known or hereinafter developed, including, without limitation, as contemplated within these Official Rules, and in any advertising or promotions created by the Sponsor in any form of media to promote this Contest and/or future contests similar to this Contest; and (iv) waives all moral rights in the Entry in favour of the Sponsor.
Sponsor further reserves the right, in its sole discretion, to edit any Entry to blur out any trade-marks or to remove any copyrighted content. Entries that do not conform to the specific requirements will be disqualified.
4) ELIGIBILITY: Contest is open to legal residents of PC Chef’s GTA delivery zone (Markham, Scarborough, Richmond Hill, Vaughan, Toronto, Mississauga, Oakville, Brampton, Georgetown, Milton, Caledon, Burlington) who have reached the age of majority within the province or territory of which they reside as of the Contest Closing Date.
Employees, officers, directors, agents or representatives of the Sponsor its respective affiliates, subsidiaries, related companies, advertising and promotional agencies (collectively, “Promotion Parties”) and the immediate family and/or household members of any of the above, are not eligible to participate in the Contest. For the purposes of these contest rules, “immediate family” means husband, wife, spouse, mother, father, brother, sister, son, and/or daughter, whether or not they reside in the same household.
The Sponsor reserves the right at any time to require proof of identity and/or eligibility to participate in the Contest and any failure to provide such proof may result in disqualification at the Sponsor’s sole discretion.
Any entrant under the age of majority must certify they have parental consent to enter and such parent or legal guardian must sign all necessary documentation on behalf of the minor all in respect of this Contest, including any declaration and release agreement.
5) POTENTIAL WINNER SELECTION: There will be one (1) round of judging. Eligible entries will be judged by the Sponsor based on what the Sponsor finds to be the most compelling entry, of all qualifying entries and will be based on the following criteria as determined by the contest judges at their sole discretion:
Comment explains your plans for Halloween 2020 (30%), you have tagged someone you know in the comment (30%), creativity of the Halloween plan (20%), uniqueness of the Halloween plan (20%).
Judging will take place on October 31, 2020 at Toronto, Ontario from all eligible entries received by the Contest Closing Date. Before being declared a Winner, the selected Potential Winner must correctly answer a time-limited mathematical skill-testing question without assistance or mechanical or electronic aid and will be required to sign a standard declaration and release form confirming compliance with the contest Official Rules and acceptance of the prize as awarded. The selected Potential Winner will be notified by Instagram Direct Message no later than October 31, 2020. If the Potential Winner cannot be contacted by November 1, 2020, at Sponsor’s discretion, another Entrant may be selected.
6) ODDS OF WINNING: The chances of being selected as a Potential Winner depends upon the number of eligible entries received and the application of the judging criteria.
7) PRIZES/APPROXIMATE RETAIL VALUES (ARVs): There will be one (1) Grand Prize available to be won during the Contest Period, consisting of 3 PC Chef Meal Kits, with an approximate retail value of $54-108.
Total approximate retail value of all prizes combined is $54-$108.
The approximate retail value of each prize is that stated by the supplier of the prize as being in effect thirty (30) days prior to the launching of this contest.
8) DECLARATION & RELEASE: Potential Winner will be required to execute and return a Declaration and Release within seven (7) days of the date indicated on the accompanying letter of prize notification and of attempted delivery, or the prize will be forfeited and may be awarded to an alternate Entrant.
The return of any prize/prize notification as undeliverable or noncompliance with the terms of these Official Rules may result in disqualification and at Sponsor’s discretion, selection of an alternate Entrant
9) LIMITATION OF LIABILITY: By entering this contest, the entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. By accepting the prize, the Winner agrees to hold the Sponsor, their affiliates, directors, officers, employees, parent and related companies, licensors, licensees, and assigns harmless against any and all claims and liability arising out of the acceptance, use, misuse or redemption of any prize or participation in the contest. The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, on account of the foregoing or otherwise, notifications, typographical, responses, replies or any computer, online, software, telephone, cellular phone, hardware or technical problems, interruption, deletion, defect, delay in operation or transmission, failure, traffic congestion or malfunction that may occur, or on account of any combination including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website or mobile application users or by any of the equipment or programming associated with the Contest or by any technical, human or other error or omission. The Sponsor assumes 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 Sponsor is not responsible for any injury or damage to entrant or to any computer or cellular phone related to or resulting from participating or downloading materials or applications in this Contest. The Sponsor assumes 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 Sponsor, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, lack of participation, fairness, integrity or proper conduct of this Contest or the Contest Website.
Sponsor reserves the right to disqualify an entrant if the entrant a) violates these official rules and/or the general rules/guidelines of any online property or service of the Sponsor; b) enters the contest by any means contrary to these rules or which would be unfair to other entrants or where contest entries are generated by any mechanical or automated means; c) acts in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Entry materials that have been tampered with, reproduced, falsified, or altered are void. In the event a dispute arises as to the identity of a potentially winning online entrant, entries made by internet will be declared made by the name on the online entry form.
Any attempt to deliberately damage the contest website, contest application or any related website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law.
Currency is in Canadian dollars unless otherwise stipulated. Each prize must be accepted “as is” and may not be exchanged for an amount of money, bartered, sold, raffled, substituted, or transferred, and is non-refundable. In the event the stated prize(s) are unavailable due to reasons beyond the control of the Sponsor, a prize of equivalent nature and value will be available to be won, or the Sponsor, in its sole option, may award the winner the equivalent monetary value in lieu of prize. The prize(s) will be delivered only to the confirmed winners.
Refusal to accept a prize releases the Sponsor, as well as their respective directors, officers, and employees, of all responsibility and obligations toward the winner of such prize. In no event shall Sponsor be held to award more prizes that what is mentioned in these rules or to award prizes otherwise than in compliance with these rules.
11) CONDITIONS OF ENTRY: Acceptance of a prize constitutes permission for the Sponsor to use winners’ names, cities and provinces/territories of residence and likenesses for purposes of advertising and publicity in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification, or permission, unless prohibited by law.
All information requested by and supplied by each entrant must be truthful, accurate, and in no way misleading. Sponsor reserves the right to disqualify any entrant from the contest in their discretion, should the entrant at any stage supply untruthful, inaccurate, or misleading details and/or information or should the entrant be ineligible for the contest pursuant to these rules.
12) 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 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.
13) INDEMNIFICATION: Entrant releases and holds Sponsor harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, participation in the Contest, any breach of the Rules, and/or in any prize-related activity. The Entrant agrees to fully indemnify the Sponsor from any and all claims by third parties relating to the Contest
14) TERMINATION: If, in the Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the contest, or if technical difficulties or any other factor including accident, printing, administrative, or any error of any kind compromises the integrity, administration, or conduct of this contest, the Sponsor reserves the right in its sole discretion, to modify, suspend or terminate the Contest, in whole or in part, at any time, without prior notice or obligation. 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, including criminal prosecution.
17) INSTAGRAM®: This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram®. You understand that you are providing your information to Sponsor and not to Instagram®.
In the event of a dispute, entries shall be deemed submitted by the authorized holder of the e-mail address associated with the Instagram® account. For the purpose of the Official Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entrant may be required to provide the Sponsor with proof that they are the authorized account holder of the e-mail address associated with the entry
18) LAW: The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Official Rules are subject to change 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 Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official 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 including procedural provisions 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.
19) OFFICIAL RULES: These rules are available on the contest website at https://www.pcchef.ca/pages/offer-details under “Official Contest Rules”