BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

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1 BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. CONFIRMATION OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED. 1. Eligibility: The Contest is limited to legal residents of Canada. To be eligible to participate in this Contest, the entrant must be of age of majority ( Age of Majority ) within their jurisdiction of residence (19 years of age in BC, NB, NL, NT, NS, NU and YT and 18 years of age in all other provinces). Employees, contractors, directors and officers of BeaverTails Canada Inc. ( Promoter ), its affiliates, subsidiaries, distributors, sales representatives, franchisees/licensees, retailers and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and household of each such employee are not eligible to participate. 2. Contest Period: The Contest starts January 23rd 2017 at 12:00:00 a.m. EST/EDT ( Contest Open Date ) and ends on April 21, 2017 at 11:59:59 p.m. EST/EDT ( Contest Close Date ), ( Contest Period ). Only Entries, as defined below, which comply with these Rules (as determined by the Promoter in its sole discretion) will be eligible for entry into the Contest. How to Enter: You may enter the Contest by going to the following website: or 150canada ( Website ) during the Submission Period Dates, as defined below, and: a. Follow the instructions to submit your flavour for a BeaverTails pastry. You will be required to read and agree to these Rules; b. Supply your name and information in accordance with the website directions; c. In submitting your flavour you will be required to provide up to 3 ingredients. Promoter reserves the right, in its discretion, to replace any trademarked ingredients at any time with any other ingredient, or to disqualify the Entry. d. Ensure that all entry steps listed herein are completed and all elements comply with these Rules including the Guidelines and Restrictions. (each a Submission ). e. All Entries must be submitted via the Website only. Promoter will not accept any Entries for the Contest, submitted by phone, fax, messenger service (courier), mail, or any other mean of transmission. BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

2 Each complete Submission qualifies as one Entry into the Contest ( Entry ). The Submission Period opens January 23, 2017 at 12:00:00 a.m. EST/EDT and closes on February 28, 2017 at 11:59:59 p.m. EST/EDT (the Entry Deadline ), the entire period being defined as the Submission Period Dates. Unlimited unique Entries per person/ address per day during the Submission Period Dates. Each Entry is defined as unique if one (1) ingredient in the Entry is different. Promoter s computer is the official time clock for this Contest. Submission Entries become the property of Promoter and none will be returned. Those who do not follow all of the instructions, provide the required information, or abide by these Contest Rules or other instructions of Promoter may be disqualified. 3. Winner Determination and Notification: At the end of the Submission Period Dates the Promoter will select three (3) Entries from all eligible Entries, based on several criteria, including without limitation, the creativity, originality and marketability of the Entries and declare said Entries as the Finalists (the Finalists ). The decision of the judge(s) appointed by Promoter shall be final and binding. Voting Period Each of the three (3) Finalist's Entries will be posted on the Website, together with the Finalist s name, city and province/ territory of residence. Commencing March 24, 2017 at 12:00:00 a.m. EST/EDT and ending April 21, 2017 at 11:59:59 p.m. EST/EDT, the public will be invited to participate in online Voting Period to vote for their favorite flavour using the online poll available on the Website (each a Vote ). Unlimited number of Votes per person per address per day during the Voting Period (for the purposes of this Contest, a day is defined as each 24 hour period during the Entry Period beginning at 12:00:00 EST and ending at 11:59:59 pm EST). On May 1st 2017, the Finalists with the highest score from online voting at the end of this contest phase will be announced as the Winner and will be notified on or before May 1, 2017, via , as of the end of the Voting Period. Any attempt by the Finalist and/or his/her family/friends to vote using any fraudulent mechanism (including hiring third parties), as determined by the Promoter in its sole discretion, shall give the Promoter the right to disqualify Finalist in Promoter s reasonable discretion. IF, Despite reasonable efforts by the Promoter, any potential Finalists or potential Winner does not respond within the indicated time of the Promoter s notification attempt, or if a notification to any potential Finalist or potential Winner is returned as unclaimed or undeliverable to the Promoter, such Finalist will forfeit his or her opportunity to participate further in the Contest, and the Promoter may, in its sole discretion, select an alternate Finalist from among all remaining eligible Entries received. Further, if a Finalist who has been selected declines to participate further in the Contest, or is found to be ineligible, or has not complied with these Rules, such Finalist will be disqualified and the Promoter may, in its sole discretion, select an alternate Finalist from among all remaining eligible Entries received. The Promoter shall not have any liability for any Finalist notification that is not received by any Finalist for any reason, including but not limited to lost or misdirected Entry Guidelines: By submitting your Entry: (i) you agree that your Entry conforms to the Guidelines and Content Restrictions as defined below (collectively, the Guidelines and Restrictions ) and that the Promoter may remove your Entry and disqualify you from the Contest if it believes, in its sole discretion, that your Entry fails to conform to the Guidelines and Restrictions; and (ii) subject to the foregoing, you consent to the posting of your name, your city and province/territory of residence and Entry on the Website during the Submission Period, and, if selected as a Finalist in the Contest, during the Voting Period, and, if selected as the Grand Prize winner of the Contest, for a period of time to be determined by Promoter in its sole discretion. BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

3 Guidelines and Restrictions: 1. The Entry must contain and/or describe a unique flavour for a BeaverTails pastry, using no more than three (3) ingredient for a BeaverTails pastry; 2. The Entrant must complete his/her own Entry or authorize the completion of the Entry on his/her behalf. A person cannot complete or send an Entry on behalf of another person without their authorization; 3. Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, plagiarism or that constitutes copyright infringement; 4. Entry cannot be sexually explicit or suggestive, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic; 5. Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; 6. Entry cannot be obscene or offensive, endorse any form of hate or hate group; 7. Entry must not disparage Promoter or any other person or party affiliated with the promotion and administration of this Contest; 8. Entry must not feature competitors of Promoter; 9. Entry cannot defame, misrepresent or contain disparaging references about Promoter or its products, or other people, products or companies; 10. Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any sensitive personally identifiable information, such as license plate numbers, personal names, addresses or street addresses; 11. Entry cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than Entrant, without permission; 12. Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Promoter wishes to associate; and 13. Entry cannot depict, and cannot itself, be in violation of any law. By submitting an Entry, entrant acknowledges that his/her Entry may be posted on Promoter s website, in the Promoter s discretion. Promoter reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website. By entering, you acknowledge that Promoter has no obligation to use or post any Entry you submit. Submission of an Entry grants Promoter, its affiliates and their agents an unlimited, worldwide, perpetual, license and right to publish, edit, use, and publicly display the BeaverTails pastry flavour submitted in any way, in any and all media, without limitation, without consideration and without further notice to the Entrant. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY PROMOTER AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF PROMOTER IN ANY MANNER. Promoter reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Promoter does not constitute a general waiver of any obligation to Entrants. By submitting an Entry, Entrants agree that his or her submissions are gratuitous and made without restriction, and will not place Promoter under any obligation, that Promoter is free to disclose or otherwise disclose the ideas contained in an Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or further notice to the Entrant. Entrants acknowledge that, by acceptance of his or her submission, Promoter does not waive any rights to use similar or related ideas previously known to Promoter, or developed by its employees, or obtained from sources other than the Entrant. BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

4 By submitting an Entry you warrant and represent that it: (a) is your original creation, (b) to your knowledge, has not been previously used or published, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and you agree to indemnify and hold harmless, Promoter from any claims to the contrary. All Entrants irrevocably and unconditionally agree that all Entries will become the exclusive property of Promoter, and they will not be acknowledged or returned. In the event Promoter is required to limit the number of Entries accepted during the Contest Period, as a result of technical reasons, lack of Entries or for any other reason, a notice will be posted on the Website as soon as possible, once the decision has been made. Promoter is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries, which will be considered disqualified. Promoter may produce and sell a BeaverTails pastry inspired by any of the Entries at the sole discretion of the Promoter and its affiliates. Timing of production, availability of the flavour and ultimate recipe for the flavour will be determined at the sole discretion of Promoter and its affiliates, as the case may be. By entering, all Entrants irrevocably and unconditionally agree that their flavour becomes the exclusive property of the Promoter. Entrants waive all rights that they may have under any laws or statutes worldwide that concern moral rights or droit moral in connection with the Entry, unless prohibited by law. Entrant further agree that Promoter and its affiliates may produce, distribute and offer for sale a BeaverTails pastry based on said flavour at the sole discretion of Promoter and its affiliates and without any remuneration or further notice to the Entrant. The BeaverTails pastry flavour may be modified and adapted at the sole discretion of Promoter and its affiliates for the purposes of producing and/or marketing the Beavertails pastry flavour inspired by the Contest. Save and except as provided in these Rules, Promoter and its affiliates are under no obligation to market the winning BeaverTails pastry flavour submitted through this Contest. No Entrants will not now nor in the future be paid a fee or royalty for granting to Promoter any of these rights, including without limiting the generality of the foregoing, the Winner. 5. Prizes Available: The currency of all winning prizes will be in Canadian dollars. a. Finalist who is not selected as the Grand Prize Winner (2nd and 3rd Place Entrant): one or more BeaverTails Gift Certificates totaling $ in value. ARV of each prize: $ b. Grand Prize: The Final Winner will receive one or more prepaid MasterCard 1 cards, totaling a value of $ CND and one or more BeaverTails Gift Certificates totaling $ in value. ARV: $ CDN. In addition, the winning flavour will be name after the Winner and will be featured in all participating BeaverTails store across Canada during the summer months of 2017, namely from June 24th, 2017 to September 21st, Total ARV of all prizes: $ The prepaid MasterCard cards are subject to the terms and conditions set by issuer. No interest will be paid on any prize. The Prepaid MasterCard cards carry their own terms and conditions as determined by the issuer (see terms and conditions for Prepaid MasterCard cards on the cards). BeaverTails Gift Certificates are subject to the terms and conditions set by issuer. The BeaverTails Gift Certificates carries their own terms and conditions (see certificates). Prizes are only as detailed above. Prizes must be accepted as awarded and are not convertible to cash. No substitutions or transfers of prizes by winner permitted. Promoter reserves the right to substitute prizes of equal or greater value, at its sole discretion. All taxes on prizes are sole responsibility of winner. In order to receive the prize, winner may be required to complete prize claim documentation, including a Declaration & Release before being declared a winner. 1 MasterCard is a registered trademark of MasterCard International Incorporated. MasterCard International Incorporated is not a sponsor nor is it in any way associated with this Contest. BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

5 Potential Prize winners will be contacted by within 5 days after the selection date using the address provided at the time of submitting an Entry. Upon notification, the potential prize winner, will be required to complete, sign and return a Declaration & Release form within 5 days after notification. The potential winners will also be required to unassisted, correctly answer the mathematical skill testing question, administered by telephone at a pre-arranged mutually convenient time, before being declared the winner. The Prize Claim Documents for all prizes shall confirm the Entrant s: (i) eligibility for the Contest and compliance with these Rules; (ii) acceptance of the Prize; (iii) release of the Promoter and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, administrators and franchisees/licensees (collectively, the Releasees ) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) grant to the Promoter the unrestricted right, in the Promoter and its affiliates collective or individual discretion, to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the and prize winner's name, photograph, likeness, voice, city and province/territory of residence, without compensation or further notice, at any time and from time to time, in any advertising or publicity carried out by the Promoter or their agents, in any manner of media now known or hereafter devised, unless prohibited by law; and (v) grant to Promoter of exclusive ownership of the BeaverTails pastry flavour, waiver of all associated moral rights, grant of rights to produce, distribute and offer for sale a BeaverTails pastry flavour based on the flavour, at the sole discretion of Promoter and its affiliates, without any remuneration or further notice, including the right to modify and adapt the Entry at the sole discretion of Promoter and its affiliates for production and/or marketing purposes, all rights granted with the acknowledgement and agreement that Promoter and its affiliates are under no obligation to market the winning BeaverTails pastry flavour, other than as provided herein and you will not now nor in the future be paid a fee or royalty for granting to Promoter these rights. 6. General Conditions: By participating in this Contest, Entrants agree to be bound by these Rules and all decisions of the Promoter which are final. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Promoter and each affiliates, subsidiaries, retailers, sales representatives, distributors, franchisees/licensees and each of their officers, directors, employees and agents ( Releasees ), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys fees and court costs. By submitting an Entry, entrants consent to being contacted by Promoter for contest-related purposes, which includes without limitation to prize eligibility notifications. BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

6 7. Disqualification/Force Majeure: It is the Entrant's responsibility to ensure that he/she has complied with the terms and conditions contained in these Rules. Promoter reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person. Promoter reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Promoter 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 in a form satisfactory to Promoter may result in disqualification. All personal and other information requested by and supplied to Promoter for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Promoter reserves the right, in its sole discretion, to disqualify any participant should such a participant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. If documents are not returned by the date required, or if a potential winner is found to be ineligible or not in compliance with these Rules, the potential winner s prize will be forfeited and an alternate potential winner chosen. A potential winner may be requested to provide Promoter with proof that the potential winner is the authorized account holder of an address. Should multiple users of the same account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. Authorized account holder is defined as the natural person who is assigned an address by an Internet access provider, on-line service provider or other organization which is responsible for assigning addresses or the domain associated with the submitted address. If a dispute cannot be resolved to Promoter's satisfaction, the Entry will be deemed ineligible. No illegible, incomplete, forged, software generated or other automated Entries will be accepted. Entries made by any other individual or any entity, and/or originating at any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Promoter is not responsible for printing or typographical errors in any Contest-related materials, for stolen, lost, late, misdirected, damaged, incomplete, illegible ; or for transactions processed late or incorrectly due to computer or electronic malfunction. With respect to computer Entries, Promoter is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures, traffic congestion or delays in computer transmissions or network connections that are human or technical in nature. Promoter is not responsible where a participant is unable to access the Contest on their mobile device, computer or other device. Promoter assumes no responsibility for any damage to an Entrant's or a third party's computer by participating in this Contest (including but not limited to the corruption/loss/destruction of any information/data stored therein). Subject to any governmental approval which may be required, Promoter reserves the right, without prior notice and at any time, to amend or terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is (i)technically impaired or corrupted or that fraud or technical problems, failures or malfunctions, (ii) any injury or damage to an entrant s or any other person s computer or other device related to or resulting from participating in the Contest, and/or (iii) a combination of the above, have destroyed or severely undermined the integrity and/or feasibility of the Contest. In the event Promoter is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or any federal, provincial or local government law, order, or regulation, or order of any court or jurisdiction, then Promoter shall have the right to modify, extend, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Promoter will randomly award the prizes from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,

7 8. Governing Law: All issues, questions and/or disputes concerning the validity, interpretation and enforceability of these Rules or the rights and obligations of the Entrant or Promoter in connection with the Contest shall be governed by and construed in accordance with the internal laws of the Province of Quebec and the federal laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The designated venue shall be the judicial district of Montreal, Quebec. 9. Entrant s Personal Information: Personal information will only be collected, used and disclosed by Promoter, the Administrator and their respective designees for the purpose of administering the Contest in accordance with these Rules. 10. Quebec Residents: Residents of the Province of Quebec may submit any litigation respecting the conduct of this publicity Contest to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement. 11. Discrepancies: In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Rules or any Contest materials, the English version shall prevail, govern and control. 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, or point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. 12. Winners List: A list of Finalist and Grand Prize winners will be available on the Website. PROMOTER: BeaverTails Canada Inc., 3700 St-Patrick St., suite 106, Montreal, Quebec, H4E 1A2 BEAVERTAILS Create your flavour Contest 2017 (the Contest ) Contest Rules (the Rules ) Created January 12,