HEINZ TOMATO KETCHUP HALLOWEEN COSTUME GIVEAWAY
1) WELCOME: The HEINZ Tomato Ketchup Halloween Costume Giveaway (the “Contest”) is sponsored and administered by Kraft Heinz Canada ULC, 95 Moatfield Drive, Toronto, ON M3B 3L6 (the “Sponsor”).
2) CONTEST PERIOD: The Contest begins Thursday October 1, 2020 at 12:00 pm ET and ends Wednesday, October 14, 2020 at 11:59 pm ET (“Contest Period”).
3) ELIGIBILITY: Contest is open to legal residents of Canada, excluding those in the province of Quebec, who have reached the age of majority in the province or territory in which they reside as of their date of entry in the Contest Period (“Entrant” or “Entrants”).
The Contest is not open to:
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employees, officers and directors of the Sponsor and its parent, affiliates, subsidiaries, representatives, agents, and advertising and promotion agencies, (collectively, “Promotion Parties”); and
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the immediate family members (regardless of where they live) of a person excluded under (a) or anyone domiciled with a person excluded under (a) (whether related to that person or not). For the purposes of these Official Contest Rules, “immediate family” includes husband, wife, spouse, partner, mother, father, brothers, sisters, sons, or daughters.
4) HOW TO ENTER: NO PURCHASE NECESSARY. To enter the Contest, an Entrant must have a valid account on at least one of www.instagram.com (“Instagram”), or www.facebook.com (“Facebook”) (together, the “Social Media Platforms”). Within the Contest Period, an Entrant must complete a survey which will be advertised on one of the Social Media Platforms.
After completing the survey, the Entrant will have entered the Contest (each completion of the Survey being each one (1) “Entry”).
4.1) ENTRANTS’ REPRESENTATIONS: By submitting an Entry, Entrant represents and warrants that: (1) the Entry does not infringe on any third party’s copyright materials, trademark or other intellectual property rights and (2) the Entry does not contain software viruses, or any other computer code or program designed to interrupt, destroy or limit the functionality of the Contest or the Social Media Platforms.
The Sponsor does not assume any responsibility for any claims based on infringement of publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement and any other intellectual property-related cause of action with respect to any Entry submitted. By entering this Contest, each Entrant: (i) agrees to release, indemnify, discharge, defend and hold harmless the Sponsor, the Promotion Parties , Facebook, and Instagram, and each of their respective officers, directors, employees, agents, representatives and assigns (collectively with the Promotion Parties, the “Released Parties”) from any claim or liability arising from or related to the Entry or participation in this Contest, (ii) grants Sponsor a non-exclusive, unlimited, royalty free, irrevocable, right and license to use, publish, display, produce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, modify, translate, reproduce, dispose of, post, broadcast or otherwise use the Entry, in whole or in part, in any way and in any form of media now known or hereafter developed, including, without limitation, as contemplated within these Official Contest Rules, or in any advertising or promotions created by Sponsor in any form of media to promote this Contest and/or future contests similar to this Contest, without review, notice, approval or compensation; (iii) waives all moral rights in and to the Entry in favour of Sponsor; and (iv) represents, warrants to Sponsor that he/she has the authority to grant to Sponsors the rights granted in these Official Contest Rules, including without limitation the non-exclusive license, above.
5) ENTRY LIMITS, CONDITIONS AND VERIFICATIONS:
Limit of (1) Entry per Entrant, using a single e-mail address during the Contest Period. Limit of one (1) Prize (defined below) per household.
All Entries are subject to verification at any time. Proof of submission does not constitute proof of receipt. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government-issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification from this Contest.
In the event a dispute arises as to the identity of an Entrant, the Authorized Account Holder of the email address used to register will be deemed to be the Entrant. The “Authorized Account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being the Authorized Account Holder.
Any attempt by any Entrant to submit more than the stated maximum number of Entries by using multiple/different names, email addresses, identities, or any other methods, or to submit an Entry or participate in any fashion not sanctioned by the Official Contest Rules will void that individual’s Entries and eligibility to win a Grand Prize (defined below) and that individual will be disqualified from the Contest and, at the sole discretion of the Sponsor, from the Sponsor’s other promotions.
All Entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Contest Rules may be disqualified by the Sponsor. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed and/or submitted during the Contest Period.
6) RANDOM DRAW AND WINNER SELECTION:
A random draw will be conducted by the Sponsor’s agent on October 16, 2020 at 5:00 pm (EST) in Toronto, Ontario. Twenty (20) Entries will be randomly selected from all eligible Entries received during the Contest Period (“Potential Winner” or “Potential Winners”). Potential Winners will be notified by Sponsor (or Sponsor’s agent), by the email provided in their Entry by October 19, 2020.
In order to be declared a winner (a “Winner” or “Winners”), the selected Potential Winners of the Grand Prizes must, within three (3) business days of being notified by the Sponsor: (a) correctly answer a time-limited mathematical skill-testing question without assistance or mechanical or electronic aid; and (b) sign and return a Declaration and Release (“Declaration”) provided by the Sponsor that includes, but is not limited to, (i) acknowledgement of compliance with the Official Contest Rules; (ii) release of the Releasees from any and all liability in connection with the Contest and/or the awarding or use/misuse of the Prize; and (iii) acceptance of the Prize as awarded. After a Potential Winner successfully answers the skill-testing question and returns the completed Declaration, the Sponsor shall inform the Potential Winner by the email or phone number provided in their Entry that he/she is a winner of the Prize (“Prize Winner”).
If a Potential Winner cannot be contacted within three (3) business days of October 19, 2020, fails to answer or incorrectly answers the skill-testing question, fails to return the Declaration within the specified time, or is found to be ineligible for any reason, at Sponsor’s discretion, another Entrant may be selected by random draw in the manner described above, and at a time and place to be determined by the Sponsor.
The Sponsor, in its sole discretion, reserves the right to select another Entrant should a selected Entrant fail to do the aforementioned, or if the Sponsor, in its sole discretion, finds the Entrant to be ineligible for any reason.
Delivery of Prizes is expected to occur the week of October 26, 2020.
8) ODDS: The odds of winning a Prize depend on the number of eligible entries received.
9) PRIZES/APPROXIMATE RETAIL VALUES: There are twenty (20) prizes available to be won, each consisting of one (1) HEINZ Tomato Ketchup halloween costume pack of (3) three (collectively one “Prize” or twenty “Prizes”). Approximate Retail Value a Prize is $150 each, or $3,000 in total for all Prizes.
10) PRIZE CONDITIONS: Prizes are restricted to one (1) per household. For clarity, Potential Prize Winners entering the same home address when claiming a Prize will be considered to be in the same household.
11) PRIZE SUBSTITUTION: Unless otherwise mentioned in these Official Contest Rules, all prizes available in this Contest are, from now on, collectively referred to as the “Prize” or “Prizes”, and all respective winners are collectively referred to as “Winner” or “Winners”. All Prizes available in this Contest must be accepted as awarded. No substitutions or transfers of Prize by Winner permitted. Sponsor reserves the right, in its sole discretion, in the event that a Prize or any component of any Prize cannot be awarded as described for any reason, to substitute and/or modify the Prize or component with (a) prize(s) of equal or greater value, without liability.
The Winner is not entitled to the monetary difference between actual Prize value and stated approximate Prize value, if any.
12) ENTRY CONDITIONS AND VERIFICATION: All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government-issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Contest in a timely manner may result in disqualification.
Any attempt by any Entrant to participate or submit an Entry in any method, or who has entered or participated in any method, not sanctioned by the Official Contest Rules will void that individual’s Entry and eligibility to win a Prize and that individual will be disqualified from the Contest, at the sole discretion of the Sponsor.
All Entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Official Contest Rules may be disqualified by the Sponsor. Proof of submission does not constitute proof of receipt. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed and submitted during the Contest Period. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, damaged, stolen, incomplete or incompatible Entries.
13) LIMITATION OF LIABILITY: By entering Contest, Entrants accept and agree to these Official Contest Rules and the decisions of Sponsor, which shall be final in all matters. Releasees (as defined below) are not responsible for lost or late Entries, or the Declaration, or for any typographical, or other error in the printing of the offer, failure of the Social Media Platforms or the Contest website, administration of the Contest, or announcement of any Prize, or for technical, hardware, or software malfunctions, computer virus, bugs, tampering, unauthorized intervention, fraud, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the Entries in this Contest, or any other cause beyond the reasonable control of Sponsor that interferes with the proper conduct of the Contest as contemplated by these Official Contest Rules.
14) RELEASES WAIVERS, AND DISCLAIMERS:
Unless otherwise required by applicable law, the Entrant agrees to the following releases, waivers and disclaimers:
CONTEST RELEASE: By entering the Contest, Entrants agree to forever release, discharge and hold harmless, Sponsor, Promotion Parties, their affiliates, subsidiaries, their advertising and promotional agencies and their respective directors, officers, employees, representatives, successors, assigns and agents, parent and related companies, licensors, licensees (the “Releasees”), from and against any and all damages, claims, injuries, death, loss and/or liability to person or property, due in whole or in part, whether directly or indirectly, by the entering and participation in the Contest.
PRIZE RELEASE: If an Entrant wins a Prize and accepts the Prize, such acceptance shall mean full satisfaction of the entitlement as an Entrant and Winner in the Contest and the Entrant fully discharges and forever releases the Releasees, of and from any and all claims, demands, losses, damages, actions or causes of action whatsoever, whether known or unknown, whether at law or in equity which they or their heirs, executors, administrators, successors or assigns may now or hereafter have against any of the Releasees in connection with the use, misuse or otherwise of the Prize.
Entrant also acknowledges, without limiting the generality of the foregoing, that the Releasees will not be responsible for any injury, accident, death or dismemberment, or any other loss, damage or expense in connection with the use of the Prize. Refusal to accept a Prize releases the Releasees of all responsibility and obligations toward the Entrant of such Prize.
The Sponsor extends absolutely no representations or warranties in respect of any Prize.
In no event shall Sponsor award more Prizes than the number set out in these Official Contest Rules or to award Prizes otherwise than in compliance with these Official Contest Rules.
15) RIGHTS OF SPONSOR: The Sponsor reserves the right to terminate or suspend this Contest or to amend the Rules at any time and in any way, without prior notice. Without limiting the foregoing, this includes 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 the Contest, or for any other reason. In such circumstances, the Sponsor reserves the right to randomly select a winner from previously received eligible Entries by the end of the Contest Period.
Any attempt to deliberately damage any website or other component, or to otherwise 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.
Sponsor reserves the right to disqualify a person if he/she enters the Contest or tries to do so by any means contrary to these Official Contest Rules or which would be unfair to other Entrants or where Contest Entries are generated by any mechanical or automated means, including the supply of untruthful, inaccurate, or misleading details and/or information. Entry materials that have been tampered with, reproduced, falsified, or altered are void.
16) PUBLICITY: Entering this Contest or accepting a Prize (if applicable) constitutes permission by Entrant for the Sponsor, and its agencies to use the Entrants’ and Prize Winners’, as applicable, names, cities and provinces/territories of residence, biographical information, Entry, Prize information, video, recording, voice, photograph, statements 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 otherwise prohibited by law.
17) PRIVACY: The Sponsor respects the Entrants’ right to privacy. Personal information collected from Entrants through the KRAFT Singles Survey (including but not limited to names, age, mailing addresses, telephone numbers, and email addresses) will be used for the purpose of administering this Contest, conducting publicity about this Contest, and enhancing and personalizing future promotional communications to Entrants. By entering this Contest, Entrants consent to Sponsor’s collection, use, and disclosure of their personal information for these purposes. For a copy of Kraft Heinz’s Privacy Promise, please call 1-800-567-KRAFT or visit www.kraftcanada.com/privacypromise. Sponsor is not responsible for the personal information handling practices of the Social Media Platforms. Sponsor encourages Entrants to read the privacy policies of the Social Media Platforms in order to learn more about how they will handle Entrants’ personal information: Facebook (https://www.facebook.com/policy.php), Instagram (https://help.instagram.com/519522125107875).
18) TAX: All federal, provincial/territorial, local, and other taxes on a Prize, if any, are the sole responsibility of the Winner.
19) FACEBOOK AND INSTAGRAM: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Registering and using each Social Media Platform is subject to each Social Media Platform’s terms and conditions, and Sponsor has no responsibility for such registration or use. The owners and operators of Facebook and Instagram are completely released from all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook or Instagram.
20) LANGUAGE DISCREPANCY: Unless otherwise required by applicable law, in the event of any discrepancy or inconsistency between the English language version and the French language version of the Official Contest Rules, as applicable, the English version shall prevail, govern, and control.
21) CHOICE OF LAW: These Official Contest Rules are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
22) OFFICIAL CONTEST RULES: These Official Contest Rules are available on INSERT LINK.
