Contest Terms and Conditions
By participating in the Contest, each entrant agrees to abide by and be bound by these Terms and Conditions. Entrants further agree to abide by and be bound by all decisions of Danby Appliances Limited (Danby) and David Chapman’s Ice Cream Limited (“Chapman’s Ice Cream”) hereafter known as “Contest Sponsors”, which shall be final and binding, without right of appeal, in all matters relating to this Contest and the awarding of the Prize, including without limitation eligibility and/or disqualification of entries.
The Contest is open to legal residents of Canada only. No purchase is necessary to win. Entries may be submitted as set out in the Contest’s electronic media post. Entrants must not be employees of Danby Chapman’s Ice Cream or members of their household. Entries must be submitted prior to the end of the Contest period mentioned in the Contest electronic media post. The number of prizes to be awarded and the approximate value thereof is specified on the Contest web page.
The Prize(s) must be accepted as awarded and may not be substituted or redeemed for cash. Contest Sponsors reserves the right, in their sole discretion, to substitute a prize of equivalent monetary value if the Prize, or part thereof, cannot be awarded as described, for any reason. Contest Sponsors will not replace any lost or stolen Prize. Contest Sponsors will cover the cost of delivery of the Prize. Any other costs or expenses associated with the Prize will be the responsibility of the selected entrant.
How the Winner is Selected
At approximately 12:00 p.m. 4 days after the end of the Contest period mentioned in the Contest electronic media post, at Danby’s head office located at 5070 Whitelaw Rd Guelph, Ontario N1H 6Z9, a random draw will be conducted from among all eligible entries received during the Contest period for the purpose of selecting the Prize winner. Odds of being selected depend on the number of eligible entries received during the Contest period. The winners will be contacted on the day of the draw via E-mail or private message. The winner will be announced by electronic media post on Contest Sponsors Social Media Channels within 1 business days after the draw.
Prize Claim Conditions
In order to be declared a winner, the selected entrant must:
respond to the notification of winner selection and provide Contest Sponsors with valid contact information, such as an email address, within two (2) business days after the initial contact of the winner by Contest Sponsors;
sign the Contest Declaration and Release Form and correctly answer the mathematical skill-testing question in the form and return it to Contest Sponsors within two (2) business days of it being sent to the winning entrant; and otherwise comply with these Terms and Conditions.
Inability to reach the selected entrant or failure of selected entrant to respond to notification within two (2) business days from the initial contact by Contest Sponsors, failure to provide a valid email address, failure to provide proof of eligibility (if requested), failure to provide the Contest Declaration and Release Form or failure to provide any other required documentation, in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Terms and Conditions may result in disqualification of an entry and forfeiture of the Prize. In such case, at Contest Sponsors’s sole discretion, selection of an alternate eligible entrant for the forfeited Prize may occur in accordance with these Terms and Conditions.
Right to Void / Terminate / Suspend / Modify
Contest Sponsors reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation, if, in Contest Sponsors’s sole discretion, any factor or event arises that could interfere with the proper conduct, administration, security or impartiality of the Contest as contemplated by these Terms and Conditions. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Contest Sponsors may, in its sole discretion, void any suspect entries and:
(a) terminate the Contest, or any portion thereof;
(b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Terms and Conditions; and/or
(c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
Contest Sponsors reserves the right, at its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest, the Contest website page (if any), violates these Terms and Conditions, or acts with intent to annoy, abuse, threaten or harass any person involved in the Contest.
Limitation of Liability and Releases
By participating in this Contest, entrants agree that Contest Sponsors and their authorized agents have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries (including death), losses or damages of any kind (including direct, indirect, incidental, consequential or punitive damages) to persons or property resulting from the Contest or the Prize, including the acceptance, possession, use or misuse of the Prize. Further, by participating in this Contest, entrants agree that Contest Sponsors and their authorized agents, Facebook, Twitter and Instagram have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries (including death), losses or damages of any kind (including direct, indirect, incidental, consequential or punitive damages) to persons or property resulting from:
- a) entry or participation in this Contest, including access to and use of the Contest website, Danby or the Chapman’s Ice Cream website, or
- b) any claims based on personality or privacy rights or defamation.
Without limiting the foregoing, Contest Sponsors, its employees and any of its suppliers or contractors shall not be responsible for:
(a) any incomplete or inaccurate information that is caused by Contest entrants, Contest Sponsors 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 processing of submissions in the Contest;
(b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections;
(c) the theft, destruction, loss or unauthorized access to, or alteration of, entries;
(d) any problems with (including viruses), or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software;
(e) garbled transmissions or miscommunications;
(f) failure of any e-mail, any Contest entry, any Facebook, Instagram and/or Twitter comments and/or direct messages to be received by or from Contest Sponsors for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility;
(g) any failure of the entry, winner selection or other Contest process.
Protection of Personal Information
By entering the Contest, the winner authorizes Contest Sponsors to use their name and/or statement regarding the Prize without any compensation, in announcements connected exclusively to the Contest on social media or other media that Danby and Chapman’s judge appropriate.
All entries become the property of Contest Sponsors and will not be returned, and no communication will be made with entrants except with the selected winning entrant(s). By participating in the Contest, each entrant agrees that Contest Sponsors has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize(s). Winning a Prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed, will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Contest Sponsors is not responsible for lost, misdirected or delayed entries. Decisions of Contest Sponsors will be final and binding on all matters pertaining to this Contest.
The Contest is subject to all applicable federal, provincial and municipal laws. Contest Sponsors’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. If any provision of the Terms and Conditions is determined to be invalid or otherwise unenforceable, then the Terms and Conditions shall be construed as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner may be required to promptly return his/her Prize to Chapman’s Ice Cream, or the cash value thereof.
In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the Instagram, Facebook and/or Twitter account used for entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the Instagram account by Instagram or to the Facebook account by Facebook or the Twitter account by Twitter. The potential winner may be required to show proof of being the authorized account holder of the Instagram, Twitter and/or Facebook account associated with the selected entry.
This Contest is governed by the laws of the Province of Ontario and the laws of Canada. Each entrant agrees, to the extent permitted by law, that any judicial proceedings relating to any disputes, claims or causes of action arising out of or in connection with the Contest shall take place in the Province of Ontario pursuant to the laws of that province.
Any litigation within Quebec respecting the conduct or organization of a publicity contest may be submitted to the Regie des alcools, des courses et des jeux, for a ruling. Any litigation respecting the awarding of the prize may be submitted to the board only for the purpose of helping the parties reach a settlement.