Jugo Juice’s Name that Smoothie Contest
Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation in the “Jugo Juice’s Name that smoothie” Contest (“Contest”) constitutes Entrant’s full and unconditional agreement to and acceptance of these Terms and Conditions. The Contest will begin at 9:00 a.m. Mountain Standard Time (MST) on January 6, 2020 and end at 11 p.m. MST on January 20, 2020 (“Contest Period”). The winner will be announced on January 27, 2020. Contest is sponsored by MTY Tiki Ming Enterprises Inc. (“Jugo Juice”), A4, 416 Meridian Road SE, Calgary, AB, T2A 1X2. (MTY Tiki Ming Enterprises Inc. and their respective agents, successors, and assigns are collectively referred to as “Sponsors”), are solely responsible for all aspects of this Contest.
Eligibility: The Contest is open to Canadian Residents, 18 years of age or older(“Entrant”). The Entrant may not be affiliated with, or compensated by, any commercial or academic publication or commercial media entity.
Employees, officers and directors of Sponsors, and each of their respective parent companies, affiliates, subsidiaries, agents, advertising and promotion agencies, and judging organizations (“Released Parties”), as well as their immediate family members and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, provincial and local laws and regulations apply. Void where prohibited, taxed or restricted by law. Decisions on all matters relating to eligibility shall be in Sponsors’ sole and absolute discretion.
How to Enter: Any Entrant can enter online during the Contest Period at http://www.jugojuice.com/name-that-smoothie(“Website”), a website owned and operated by Jugo Juice, by completing the entry form available on the Website (the “Contest Entry Form”), submitting one (1) name for the smoothie (“Entry Materials”).Entry Materials must be submitted by the Entrant, and Sponsors reserve the right to disqualify any Entry Materials that were submitted by third parties.
Terms and Conditions: Entrants are responsible for all costs associated with the compilation and submission of the Entry Materials. All Entry Materials must be received during the Contest Period.Entrants may submit an unlimited number of Entry Materials for consideration into the Contest . Entry Materials will be chosen by Jugo Juice Head Office in Calgary. Prizes are limited to one per person. Incomplete entries, or those containing incorrect information, will be voided. Entry Materials must be submitted in English. By participating in this Contest, Entrants agree to be bound by these Terms and Conditions and the decisions of the Sponsors which are final and binding in all matters relating to the Contest.
Use of Information: Each Entrant grants the Sponsors and their agents, successors, and assigns the right to associate the Entry Materials, including Posts, with Entrant’s name, smoothie name, likeness, and biographical information, without limitation and without compensation for purposes of the promotion of the Contest.Any information collected during an Entrant’s participation in this Contest, including personally identifiable information and non-personally identifiable information, will be collected, used, and disclosed by Sponsors, or their affiliates, marketing agents, and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Terms and Conditions.
Entry Must Be Original: Entry must be the original work of the Entrant. Entrant represents that the entry was originally posted during the Posting Time, have not won any previous awards, and do not infringe upon the copyrights, trademarks, patents, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contain any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry and all components thereof by the Sponsors in the matter set forth herein. Sponsors further reserve the right, in their sole and unfettered discretion, to reject and disqualify any entry for any or no reason, including without limitation if they believe that the necessary releases and consents have not been obtained.
Entries may not contain any of the following: (i) Materials which include or constitute trademarks, trade names, commercial product brands, or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; (ii) Materials which contain personal information such as phone numbers, website links, street addresses, email addresses or license plate numbers; (iii) Materials which contain profanities, vulgar language, lewd behavior, extensive or gratuitous violence, or are otherwise obscene or inappropriate for a general audience; (iv) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; (v) Materials which are derogatory to Sponsors or any affiliated entity or Person; (vi) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (vii) Materials which contain any computer virus, worm, or other harmful computer programming or thing; (viii) Materials which Sponsors, in their sole and unfettered discretion, deems to be otherwise objectionable. Entries that do not conform to these guidelines will be disqualified.
Sponsors may use entry for any purpose in connection with the promotion of the Contest, including but not limited to displaying the entry, or any portions thereof, of the Finalists (as defined herein), online at http://www.jugojuice.com/name-that-smoothie , Instagram, Facebook or Twitter, for purposes of promoting and operating the Contest, without compensation or credit to Entrant, other than that disclosed herein. Entrant grants Sponsors the non-exclusive right to reproduce, distribute, publish, and license the Posts in whole or in part, in all forms and media now or hereafter known, including material in digital and electronic media, and translations and adaptations, in any language throughout the world and in Sponsors’ sole discretion. Entrant agrees not to bring, support, or authorize any lawsuit or claim against Sponsors, their affiliates, or any other person, on the grounds that any of Sponsors’ use of the entry, or any derivative works, infringe or violate any of Entrant’s rights therein. Should the Sponsors require additional documentation to secure any of the foregoing rights, Entrant agrees that email correspondence shall satisfy any writing requirement that may apply to the assignment or waiver of any of the aforementioned rights, and Entrant shall execute and deliver such documents, at Entrant’s expense, as requested by Sponsors or as may be necessary to vest in Sponsors the rights and waivers provided herein.
Winner Determination: Proceeding an open call for entrants, one prize winner will be selected by the Jugo Juice Head Office on January 27, 2020. Open call for entrants will take place beginning January 6, 2020 – January 20, 2020.
Prizes: Winner will receive a $50 Jugo Juice gift card and one entry into the 2020 Jugo Juice 10K ($50 value). Not redeemable for cash. The prizes must be claimed by January 31, 2020, or prizes will be forfeited and no compensation will be awarded.
Winner Notification: The prize winner will be contacted on or about January 27, 2020 by phone and/or email. Sponsors will make THREE (3) attempts to contact the potential winner. If the potential prize winner cannot be contacted within three (3) days of the first attempted contact, or if the Sponsors determine in their sole and absolute discretion that the eligibility requirements are not met, the potential prize winner may be deemed ineligible and an alternate prize winner will be selected by the judging committee based on the criteria described herein.
Prize Conditions: The prize winner is solely responsible for all applicable federal, provincial, and local taxes (if applicable) associated with the receipt of the prize. Winners will be required to submit an Affidavit of Eligibility and Liability/Publicity Releases and return it to Sponsors within 7 days of notification, and in the event the a winner(s) fail to do so, or is deemed to be ineligible, substitute prize winners will be selected based on the criteria described herein. In the event of a dispute regarding the identity of an individual who actually submitted a Contest entry, the entry will be deemed submitted by the authorized account holder of the email account. As used herein, “Authorized account holder” is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Prizes are not exchangeable or transferable, except that Sponsors reserve the right at their sole discretion to substitute any prize with another prize of equal or greater value.
Release of Liability: This Contest is subject to all applicable federal, provincial, and local laws. By entering the Contest, Entrants agree to release Sponsors, subsidiaries, affiliates, and advertising and promotion agencies, and its and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize. Sponsors will not replace the prize if lost, mutilated, or stolen. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DEFRAUD OR IN ANY WAY TAMPER WITH THE IMPLEMENTATION OF THIS CONTEST OR DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE CONTEST SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. By participating, Entrants agree to waive any right to claim ambiguity in the Contest or these Terms and Conditions. Sponsors reserve the right to disqualify any Entrant that Sponsors determine, in their sole discretion, violates these Terms and Conditions. Sponsors assume no responsibility for damages, loss, or injury resulting from acceptance or use of the prize.
Internet Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors which corrupts or affects the administration, security, fairness, integrity or proper conduct of any portion of the Contest, the Sponsors reserve the right, in their sole discretion, to terminate, modify or suspend the Contest in whole or in part, at any time, without notice and to select a winner, in Sponsors’ sole discretion, from all non-suspect eligible entries received as of the termination/suspension date. Sponsors 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 Sponsors also are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsors on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsors are not responsible for any damage to an Entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the Contest.
Governing Law: Any dispute or claim arising out of participation in this Contest, these Terms and Conditions, or any disputes with website users which arise as a result of the use of this website, shall be governed by, and construed in accordance with, the laws of Canada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the country of Canada.
Enforceability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Entrants and Sponsors or the Released Parties in connection with the Contest, shall be determined by the Sponsors in their sole and absolute discretion. If any provisions of the Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
Sponsors: MTY Tiki Ming Enterprises Inc., A4, 416 Meridian Road SE, Calgary, AB, Canada, T2A 1X2
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