VIP ticket to Pat McDonagh Bright Choices Fashion Show CONTEST

OFFICIAL CONTEST RULES 

Name the two Pat McDonagh dresses and you could Win! 

No purchase necessary. A purchase will not improve your chances of winning. 

1. ELIGIBILITY  

The VIP ticket to Pat McDonagh Bright Choices Fashion Show Contest (the “Contest”) is open only to legal residents of Canada (excluding the province of Quebec), above the age of majority in the Province or Territory in which you reside. You are not eligible to enter or to win if you are: (a) an employee, officer, director, representative or agent of Baskin-Robbins or Dunkin’ Brands Canada Ltd.  (the “Contest Sponsor”), its parent, subsidiary or related companies and, if applicable, their respective advertising or promotion agencies, any independent contest judging organization, a member of the Judging Panel (as defined below in Rule 6), or any other companies or individuals engaged in the provision of goods or services related to this Contest; (b) an employee, representative or agent of a competitor of the Contest Sponsor, its parent, subsidiary and affiliated companies or (c) a member of the immediate family (parent, child, sibling, spouse, grandparent, grandchild, cousin, aunt or uncle, whether related through blood, marriage, common law, civil union or adoption, regardless of where they live) or household (whether related or not), of any of the above individuals.  

Internet access and a valid email account required. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.  

2. ENTRY PERIOD  

Eligible entrants may submit an Entry (as hereinafter defined) in the Contest between 12:00:01 AM Eastern Time (ET) on September 1, 2009 and 11:59:59 PM ET on October 10, 2009 (the “Entry Period”), after which time the Contest will be closed and no further entries shall be accepted. See Rule 6 below for more details about how the winner will be selected.  

3. HOW TO ENTER: NO PURCHASE NECESSARY  

      A. REGISTER:  

    During the Entry Period, visit www.baskinrobbins.ca/fashion or www.facebook.com/BaskinRobbinsCanada (each, a “Contest Website”). Follow the instructions to register for the Contest. All fields are mandatory unless indicated as optional. You may choose to link your profile on the Contest Website to your FACEBOOK* profile, if you have one, via the “FACEBOOK Donate Your Status” button on the Contest Website. Contest Sponsor reserves the right, in its sole discretion, to limit or prohibit usernames for any reason. Entrant must register him- or herself. Limit: One (1) registration per person and per email address. Duplication may result in disqualification. Before you will be allowed to submit your Entry, you must carefully read and accept these Official Contest Rules. 

      B. NAME THE DRESS:  

    Come up with an original and creative name for two (2) dresses designed by Pat McDonagh and displayed on the Contest Websites (each, a “Dress Name”). No purchase is necessary to enter or to win. Dress Name may not exceed twenty (20) characters (including spaces). See Entry Conditions in Rule 4 below and see Rule 6 below for judging criteria. 

      C. SUBMIT YOUR ENTRY:  

    Once you have chosen your two (2) Dress Names (the “Entry”) you must submit your Entry. Log on to the Contest Website, and click the “Submit” link to view the entry form (the “Entry Form”). Follow the instructions on the screen and complete the required fields.  

      In order to submit your Entry, you:

        a. Must complete the “Name This Dress” fields with your creative choice of the Dress Names;

        b. Must complete all other mandatory fields on the form;

        c. Must confirm compliance with these Official Contest Rules.

    Entries must be received no later than 11:59:59 PM ET on October 10, 2009. Proof of entry does not constitute proof of receipt. Entries will only be accepted through the Contest Websites. No other means of transmission or delivery will be accepted. Late, garbled, incomplete or misdirected Entries, or Entries that do not comply with these Official Contest Rules, will be declared void and will be ineligible to win. The sole determinant of time for the purposes of receipt of a valid entry in this Contest will be the Contest server machine(s). All Entries shall be the sole property of the Contest Sponsor and will not be returned. All Entries will be reviewed for compliance with these Official Contest Rules before being judged; however, such review does not relieve entrants from responsibility for compliance with these Official Contest Rules. No communication or correspondence will be exchanged with entrants except with those selected for a Prize, or as otherwise specified herein. 

    If more than one (1) individual elect to collaborate on an Entry, they are required to designate one (1) person as the representative of the group (the “Representative”) to enter the Contest. Any communications relating to this Contest will be directed solely to the Representative and, if declared a winner, the Prize (described below) will be awarded solely to the Representative. Neither Contest Sponsor nor any of the Released Parties (as defined below in Rule 7) are liable for any disputes between collaborators on any Entry, including but not limited to distribution of any applicable prizes. In the event of a dispute regarding the identity of an entrant, the Entry will be deemed to have been made by the authorized account holder of the email address submitted at the time of registration for the Contest. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses. Selected entrant may be required to provide the Contest Sponsor with proof that the selected entrant is the authorized account holder of the email address associated with the winning Entry. Entrant acknowledges that the Entry is not being submitted in confidence or in trust, and that no confidential or fiduciary relationship is intended or created.  

4. ENTRY CONDITIONS  

Each Entry must:  

    A. Be an original work, created solely by the entrant registered on the Contest Website, and over which the entrant has all necessary rights, title and interest, including copyright (if applicable);  

    B. Not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;  

    C. Not contain, or be confusingly similar to, the brand names, trade names, trade marks or logos of any third parties;  

    D. Be in English and/or French;  

    E. Not contain or make any reference to any branded products other than the Bright Choices™ product;  

    F. Be suitable for family audiences and for display and publication on national television, in the sole determination of Contest Sponsor. Without limitation, Entries and usernames shall not contain any content that is or contains: unlawful behaviour, profanity, nudity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable;  

    H. Have been created specifically for this Contest, and have not been previously published, or entered into, or received any awards in, any other contest or competition;  

    I. Be from an identifiable source. The entrant must not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;  

    J. Comply with these Official Contest Rules.  

Contest Sponsor reserves the right to translate any Dress Names submitted to an English or French equivalent, at its sole and absolute discretion. Contest Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify any entrant and to remove (or to refuse to post) Entries from the Contest Website that it finds or believes not to comply with the conditions above or otherwise with these Official Contest Rules, to delete from the entrant’s tally any and all votes, and to pursue all other applicable rights and remedies.  

By submitting an Entry, the entrant represents and warrants that he or she: (a) owns and controls all right, title and interest, including copyright, in and to the Dress Names (excluding content provided by Contest Sponsor); (b) has the right and authority to, and does hereby, grant to Contest Sponsor an irrevocable, non-exclusive, royalty-free, worldwide license in perpetuity to reproduce, broadcast, communicate, distribute, adapt, modify and otherwise use all or any part of the Entry submitted under this Contest on the Contest Website, the YOUTUBE platform, the FACEBOOK platform, and in other media in association with the Contest; and (c) waives any and all moral rights that he/she may have in the Entry with respect to the uses contemplated herein. 

By entering the contest, Entrants agree to release and hold harmless the Released Parties (as defined below in Rule 7) from any and all claims that any commercial, advertising, presentation, web content or other material in any media throughout the universe subsequently produced, presented and/or prepared by or on behalf of Contest Sponsor, infringes with regard to any elements, characters or ideas contained in your Entry. For greater certainty, Contest Sponsor will not be responsible should any future packaging, advertising, promotion, or other independently developed creative, marketing or advertising materials bear any resemblance to an Entry that is not declared to be the winning Entry.  

5. THE PRIZES  

There are two (2) prizes (each, a “Prize”) available to be won by two (2) Contest winners (one (1) Prize for each winning Dress Name). Each Prize consists of: (i) one (1) VIP ticket to Pat McDonagh Fashion Show in Toronto, Ontario on October 23, 2009 at 8 PM ET, (ii) one (1) night accommodation in Toronto downtown hotel (to be selected in the Contest Sponsor’s sole discretion), and (iii) a round-trip economy air-fare to Toronto, Ontario from a Canadian airport closest to where the winner resides permanently. No air-fare will be included in the Prize package if the winner’s permanent residence is in the province of Ontario and such Ontario winner will not receive a cash substitute.  

The Prize has an approximate value of $1,500 with airfare, $700 without airfare. Winner is not entitled to monetary difference between the actual Prize value and stated approximate Prize value, if any.  

Prizes will be distributed within a reasonable time prior to the Prize date. The Contest Sponsor shall not assume any liability for lost, damaged, or misdirected Prizes. 

Winner must be available to participate in the Prize on the dates and at the times and locations specified above (or as otherwise determined by Contest Sponsor in its sole discretion), otherwise the Prize will be forfeited and may be awarded to an alternate winner. Winner shall be responsible for any expense not explicitly included in the Prize, including but not limited to, transportation to and from the originating airport (if applicable), transportation to and from the Pat McDonagh Fashion Show on the evening of October 23, 2009, travel and medical insurance (if applicable), travel documentation (if applicable), taxes, gratuities, meals, telephone calls and in-room charges. 

Under no circumstances shall acceptance of the Prize be deemed to create a relationship of employment, joint venture or partnership as between the winner and Contest Sponsor. Winner shall not be entitled to any benefits or entitlements beyond the Prize package described above.  

6. SELECTION PROCESS  

All submitted entries will be reviewed by the Judging Panel on October 12, 2009. The “Judging Panel” consists of Pat McDonagh or her assigned representative and the assigned Contest Sponsor representative. Each of the two (2) dresses will have a separate winner, i.e. one (1) winner per dress. The Judging Panel will select the top Dress Name for each dress based on creativity, originality, and applicability to brand. The odds of being selected as a potential winner are dependant upon the number of eligible Entries received by the Contest Sponsor. The Judging Panel, it its absolute discretion, shall select the winners based upon the above criteria. The decisions of the Judging Panel shall be final and binding and may not be challenged in any way. 

Prizes must be accepted as awarded, and cannot be transferred, exchanged or substituted, whether in cash or otherwise. Any unused portion of the Prize shall be forfeited and have no cash value. Contest Sponsor reserves the right, in its sole discretion, to substitute another prize or component of a prize of equal or greater monetary value, without liability, in the event that a Prize cannot be awarded as described for any reason. Prizes will be delivered only to verified winners. Limit: One (1) prize per household.  

Selected entrants (or in the case of minor entrants, selected entrant’s parent or legal guardian) will be notified by e-mail or telephone no later than October 13, 2009. If Contest Sponsor or its designated agents do not receive a response from a selected entrant (or in the case of minor entrants, selected entrant’s parent or legal guardian) within two (2) business days of the first attempted contact the selected entrant, the Prize will be forfeited and may, at Contest Sponsor’s discretion, be awarded to an alternate entrant who will be subject to disqualification in the same manner. The Contest Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Contest Sponsor to receive a selected entrant’s response. Be sure to check your spam folder or any spam filtering services regularly during the Contest Period for any Prize notifications from. 

To be declared a winner of any Prize, each selected entrant will be required to sign a Declaration of Compliance and Publicity/Release Form (the “Release Forms”) (described below). The selected entrant may be required to furnish proof of identification satisfactory to Contest Sponsor and/or the Contest Sponsor’s designated agent as part of the verification process. If a selected entrant is under the age of majority in his/her jurisdiction of residence, the mathematical skill-testing question and Release Forms must be completed by his/her parent or legal guardian, and upon being declared a winner, the prize will be awarded in the name of that parent or legal guardian. Please allow 1 week for delivery of prizes.  

7. RELEASES  

Before being declared a winner or being eligible to win, the selected entrant (and, if entrant is a minor, his/her parent or legal guardian) will be required to sign and return to Contest Sponsor the Release Forms, (a) confirming compliance with the Official Contest Rules and, if declared a winner, acceptance of the any Prize as awarded, without substitution, (b) releasing Contest Sponsor, its parent, subsidiary and/or related companies, its advertising and promotional agencies, the Judging Panel, any independent contest judging organization, and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with the Contest and any Contest-related travel or events, acceptance, receipt, or use of any Prize; (c) in the event the entrant is declared a winner, irrevocably assigning and granting, on behalf of the winner him- or herself and his/her heirs, executors, administrators, successors and assigns, to Contest Sponsor the exclusive, perpetual, irrevocable, transferable, sublicensable right, title and interest in and to the Entry, including without limitation all copyright, and the right to produce, reproduce, encode, store, copy, transmit, broadcast, exhibit, publish, post, adapt, create derivative works from, trade-mark, copyright and or otherwise use without limitation, the Entry in any media throughout the universe, whether now known or existing in the future, in whole or in part whether in association with his/her name or otherwise, and waiver of all moral rights, in consideration for the receipt of the Prize; and (d) granting to the Contest Sponsor of the unrestricted right, in the Contest Sponsor’s sole discretion, to reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, and otherwise use the winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release Forms must be returned within two (2) business days of the verification of a winner or the selected entrant will be disqualified and the Prize forfeited. 

Entrants acknowledge that if selected as the winner, the grant of rights described above includes, but is not limited to, the right (but not the obligation) at Contest Sponsor’s sole and absolute discretion, to use the Entry, or a modified, edited, reshot, recast, or translated version thereof, in whole or in part, (i) on the Contest Website and other Contest Sponsor websites; (ii) for any packaging, merchandising, advertising, marketing, promotion or other commercial or non-commercial purpose; and/or (iii) on packaging of any Contest Sponsor product. All decisions on the use of the Entry shall be at Contest Sponsor’s sole discretion. Entrants acknowledge that they have no right of approval or consultation with respect to Contest Sponsor's use of the Entry. 

Each of the two (2) selected entrants may be required to furnish proof of identification satisfactory to the Contest Sponsor or the Contest Sponsor’s designated agent as part of the verification process. Each winner may also be required to consent to a confidential background check to confirm eligibility and to confirm that the use of the identity of a winner in any advertising, publicity or other activities associated with the Contest or the Contest Sponsor’s use of the winning Entry would not bring the Contest or the Contest Sponsor into disrepute, contempt, scandal or ridicule, other otherwise reflect unfavourably on the Contest and the Contest Sponsor, as determined in the Contest Sponsor’s sole discretion. If the results of the confidential background check are not satisfactory to Contest Sponsor, in its sole and absolute discretion, Contest Sponsor reserves the right to disqualify the Entry. All Entries are subject to verification, including without limitation, eligibility of the Entrant and compliance with these Official Contest Rules. 

8. PRIVACY  

By entering the Contest, entrants consent to the use of entrant’s name, address, email address, telephone number, gender and date of birth (“Personal Information”) by Contest Sponsor and its authorized agents for the purpose of administering the Contest and fulfillment of the Prize, including but not limited to contacting and announcing the winners. By accepting a Prize, winner consents to use by Contest Sponsor of winner’s name, address (city/province), photograph, voice, appearance and statements in any publicity carried out by or on behalf of the Contest Sponsor in any media, including the Internet, without further notice or compensation. Winner further consents to disclosure of his/her name in association with the Contest and the Dress Name, including but not limited to being named on future product packaging. Personal Information maintained by Contest Sponsor and its agents for the purposes of this Contest may be kept on servers outside of Canada.  

By opting in online, you consent to Contest Sponsor’s and its applicable corporate affiliates’ use of your Personal Information to contact you to promote information about its products, services and other special offers and/or to contact you on your birthday. 

For more information about how Contest Sponsor manages your Personal Information, see Contest Sponsor’s privacy policy available at http://www.baskinrobbins.ca/policy.html 

9. LIMITATIONS OF LIABILITY  

Without limiting the generality of the Release Forms described above in Rule 7, by entering this Contest, entrant releases, discharges, indemnifies and agrees to hold harmless Released Parties from any real or alleged claims, damages or liability due to any injuries, damages or losses to any person or property resulting in whole or in part, directly or indirectly, from participation in this Contest, submission or posting of an Entry, or any Contest-related activity or from the acceptance of the Prize.

Released Parties will not be responsible for late, lost, corrupt, garbled, incomplete or destroyed Entries and all such entries are void. Released Parties will not be liable for: (a) any incomplete or inaccurate information, whether caused by Contest Website users or by any equipment or programming associated with or utilized in the Contest, or by any technical or human error that may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries or the Contest Website; (c) any problems with, or technical malfunctions of, telephone networks or lines, computer systems, servers or providers, computer equipment, software, viruses, trojan horses, worms, or bugs; (d) any failure of any electronic submission to be received by or from Contest Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; (e) damage to an entrant’s or other person’s system occasioned by participation or downloading of materials in this Contest; (f) injuries caused or claimed to be caused by entrant’s participation in the Contest, or entrant’s acceptance, possession, use of or failure to receive any Prize; or (g) the failure of the Contest to be conducted as planned for any reason.. 

10. INDEMNIFICATION  

By submitting an Entry, entrant agrees to indemnify and hold harmless the Contest Sponsor, its respective parent, subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, and the Judging Panel, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable legal fees) which may arise out of any breach of any of covenants, agreements, terms, obligations, representations or warranties set forth herein, from participation in this Contest, from submission or posting of an Entry, from any Contest-related activity or from the acceptance, possession, use or misuse of the Prize or any Prize-related activity. 

11. RIGHT TO TERMINATE, MODIFY OR SUSPEND  

The Contest Sponsor may at any time, at its sole discretion and without liability, terminate, modify or suspend the Contest in whole or in part, if fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming or communications, human errors or any other errors or other causes beyond the control of the Contest Sponsor corrupt the administration, integrity or security of the Contest or if any other factor interferes with the conduct of this Contest as contemplated by these Official Contest Rules. In the event of early termination of the Contest, a notice will be posted on the Contest Website and all eligible Entries received prior to the time of termination will be reviewed by the Judging Panel to determine which eligible Entries will be the winners.  

12. INTELLECTUAL PROPERTY 

All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Contest 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. GENERAL  

By entering the Contest, entrant agrees to be bound by these Official Contest Rules and the decisions of any independent contest judging organization, the Judging Panel, and/or Contest Sponsor which are final and binding in all respects related to this Contest. Entries become the property of Contest Sponsor and will not be returned. This Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited.  

Contest Sponsor reserves the right at its absolute discretion to vary, delete, or add to any of these Official Contest Rules from time-to-time without prior notice. In the event of conflict, these Official Contest Rules shall prevail over any of the contents of any other promotional materials advertising this Contest. Contest Sponsor 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 and/or Contest Website, violates the Official Contest Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND CONTEST SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.  

These are the Official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Contest Rules or the rights and obligations as between the entrant and the Contest 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.