Flavour Slam!

Ice Cream for a Year Giveaway

Official Contest Rules (the “Rules”)

 

THE CONTEST IS SUBJECT TO APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THE CONTEST CONSTITUTES ACCEPTANCE OF THE RULES. NO PURCHASE NECESSARY TO ENTER OR WIN.

1. Contest Sponsor:  The Flavour Slam Ice Cream Giveaway (the “Contest”) is sponsored by Baskin-Robbins® Canada (the “Sponsor”).

This Contest will be run in accordance with these Rules, subject to amendments or modifications by the Sponsor. The term Sponsor includes, where the context requires or permits, a representative or agent of the Sponsor.

2. Contest Period: The Contest begins at 12:00:01 AM local (Eastern) time Ontario (“ET”) on July 1, 2022 and ends at 11:59:59 PM ET on August 31, 2022 (the “Contest Period”).

In accordance with these Rules, the Sponsor’s computer system is the official time-keeping device for the Contest (the “Contest Computer”) and is used to govern all computer and time-related aspects of the Contest. All results as recorded or otherwise governed by the Contest Computer shall be final and binding (without right of appeal) in all respects. Except as otherwise specifically stated in these Rules, all times mentioned shall be ET.

Any reference to the term “Day” shall comprise the 24-hour period starting at 12:00:00 midnight on a given day during the Contest Period and ending that day at 11:59:59 PM.

3. Eligibility: To be eligible to enter, a person must be a resident of Canada, excluding Quebec, (i) who is eighteen (18) years of age or older at the time he/she/they enters the Contest; (ii) has a valid public Instagram account; and (iii) follows the Instagram account of Baskin-Robbins® Canada (www.instagram.com/BaskinRobbinsCanada) (collectively, an “Eligible Person”).

The following persons are not eligible to enter the Contest:

  1. employees, directors, agents or representatives of Instagram, Inc., or the Sponsor or of any of their respective divisions, subsidiaries, affiliates, franchisees, stores, licensees, or promotional agencies, or of any person, firm or corporation which provides any Contest materials or any services for the Contest; and
  2. any person who resides or is domiciled with any person identified in (a) above (whether related or not).

The term “Entry” means an eligible entry into the Contest as recorded by the Contest Computer on behalf of an Eligible Person. Use of the term “Entries” is the plural of Entry. Reference to the term “Prize” means the prize which is available to be won in this Contest. The term “Potential Winner” refers to an Eligible Person who has been identified as being the potential winner of the Prize. The term “Winner” means the Potential Winner who has been verified and confirmed as the actual winner of the Prize in accordance with these Rules.

4. How to Enter: During the Contest Period, there will be two methods of entering the Contest as follows:

Method 1 – Two Scoops Ice Cream Purchase:

Eligible Persons purchasing 2 scoops of ice cream at a Baskin-Robbins® shop may enter the Contest by scanning the in-store contest QR code, which will direct Eligible Persons to the Baskin-Robbins® Canada Instagram page to read contest rules and contest participation requirements.  To qualify, Eligible Persons must then follow the Baskin-Robbins® Canada Instagram account (@BaskinRobbinsCanada), upload a photo of their Flavour Slam combination along with a unique Flavour Slam name to their Instagram feed, stories or reels (the “Contest Post”), and tag @BaskinRobbinsCanada, #BRflavourslam and #baskinrobbinscanada in the Contest Post for one (1) Entry into the Contest.  Consumer must have also paid the applicable tax.

Method 2 – No Purchase Necessary:

To enter, Eligible Persons must comment on an Instagram post of Baskin-Robbins® Canada (@BaskinRobbinsCanada) with the names of two Baskin-Robbins® ice cream flavours as their Flavour Slam combination and a unique name for their new Flavour Slam creation, as well as tag #BRflavourslam and #baskinrobbinscanada for one (1) Entry into the Contest.

Unlimited Entries are welcome per method. No Eligible Person is permitted in any way or manner to use more than one (1) Instagram account to enter the Contest.

Entries from Instagram users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) cannot be accepted for Entry into the Contest.

To participate in the Contest, you must have a valid Instagram account that is in good standing. If you do not have an Instagram account, visit www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account. The terms and conditions for creating and maintaining an Instagram account are at the sole discretion of Instagram and can be found on the Instagram website.

The Contest is open to existing Instagram account holders as well as new account holders.

5. Instagram Entry Criteria: The Sponsor may, in its sole discretion, elect to use, in whole or in part, any image or Flavour Slam name submitted into this Contest for its own future advertising and/or promotional activities, without notice or compensation and any Eligible Person submitting such images or names forfeits any further copyright or similar claims to same.

Entries may not contain any content: (i) that is unlawful, hateful, offensive or obscene, (ii) which incites, solicits, promotes, or provides information about illegal or criminal activities, (iii) that abuses, threatens, promotes, or instigates physical harm or death to others, or the Entrant him/herself, (iv) that promotes and/or contains the addresses of other Web sites, (v) that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (vi) that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party, (vii) that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, pyramid schemes, the promotion of particular stocks of shares and other financial products and services, or any other form of unauthorized solicitation, or any form of lottery or gambling, (viii) that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (ix) that impersonates any person or entity, including any of the Sponsor’s employees, dealers, or representatives, (x) that solicits personal information from another user, (xi) that, in any other manner, is deemed by the Sponsor to be inappropriate to the well-being of others, (xii) that communicates and/or exchanges a message of any kind, third party phone numbers, mobile numbers, emails or home addresses and any other personal details; (xiii) which is inconsistent with the positive messaging which the Sponsor wishes to communicate; (xiv) disparages any persons or organizations, especially those associated with the Sponsor; or (xv) invades the privacy or other rights of any person, firm, or entity, all of which is to be evaluated by the Sponsor in its sole and absolute discretion (collectively the “Instagram Criteria”).

The chances of becoming the Potential Winner of the Prize resulting from the Contest depends on the number of Entries recorded by the Contest Computer in accordance with these Rules.

6. Prize: There is one (1) Prize available to be won during the Contest Period, consisting of Ice Cream for a Year in the form of gift card(s) each week for 52 weeks. Approximate retail value (“ARV”) of the Prize is on average $520 CAD.

7. Prize Substitution: Subject to the provisions of these Rules, the Prize must be accepted as awarded without substitution, and is not transferable and has no cash surrender value. All ARVs in these Rules are stated in Canadian Dollars.  No cash alternative or substitution of the Prize will be provided, except that the Sponsor, in its sole discretion, reserves the right to provide a substitute prize of equal or greater value if the Prize cannot be awarded as described due to unavailability or for any other reason whatsoever.

8. Winner Determination: The Contest Computer will draw at random one (1) Entry from all methods of entry by September 12th, 2022 after the expiry of the Contest Period. The Eligible Person whose Entry is selected will be the Potential Winner of the Prize will be contacted by September 16th and announced publicly on the 19th.

The odds of being selected as the Potential Winner will depend on the number of Entries received during the Contest Period.

The Sponsor will notify (“Notification”) the Eligible Person who is the Potential Winner of the Prize in the Contest. The Notification will be in the form of a personal message posted to the contest post and tagging the Potential Winner’s Instagram account informing the Potential Winner that he/she/they is the Potential Winner of the Prize, instruct him/her/them to provide the Sponsor with an email address to send a declaration and release (the “Declaration and Release”), all of which the Potential Winner must properly complete by a date specified by the Sponsor. Once the Potential Winner is contacted via their Instagram account, further conversations will move to an email provided by the Potential Winner.

The Declaration and Release (i) will contain a skill-testing question, (ii) will contain a declaration by the Potential Winner that he/she/they is an Eligible Person who has complied in full with and will continue to comply in full with the provisions of these Rules and accepts the Prize as awarded to him/her/them, and (iii) will contain an indemnity, a liability release and a publicity release. The Releasees (as defined below) are not responsible if, for any reason, a Potential Winner does not receive the Notification (or any other communications).

The Potential Winner must print out the Declaration and Release. If a Potential Winner cannot print out the Declaration and Release, he/she/they should email Njoseph@inspirebrands.com and request that the Sponsor mail a copy of the Declaration and Release to the Potential Winner. Once a Potential Winner has a printed copy of the Declaration and Release, he/she/they must fill his/her/their correct answer to the skill-testing question in the space provided on the Declaration and Release and must complete in full the Declaration and Release in the manner specified in the Declaration and Release. The Potential Winner must then return by email to the Sponsor the duly completed and signed original Declaration and Release, containing the Potential Winner’s correct answer to the skill-testing question for receipt by the Sponsor no later than the date specified by the Sponsor.

Proof of mailing or of transmission or of attempted transmission of any communication or any Declaration and Release does not constitute proof of receipt by the Sponsor of the communication or Declaration and Release.

Provided that (i) the Potential Winner submits his/her/their duly completed and signed Declaration and Release, (ii) the Declaration and Release is received by the Sponsor, and that (iii) the Potential Winner answers correctly the skill-testing question, the Sponsor will then proceed to review the Declaration and Release to confirm that it accords with the requirements of these Rules before verifying that he/she/they are the Winner.

9. Prize Forfeiture: If the Sponsor cannot contact a Potential Winner through the Notification process described above within five (5) Days of the Contest draw date, or if a Potential Winner fails to submit an answer to the skill-testing question, or submits an incorrect answer to that question, or fails to comply in full and in any way or manner with any provision contained in these Rules including, without limitation, the eligibility requirements, or fails to meet the requirements related to completion, execution and submission of his/her/their Declaration and Release, that Potential Winner forfeits any right to receive the Prize and is deemed to have waived any claim to the Prize without further notice.

If, for any of the reasons specified in the preceding paragraph, the Potential Winner of the Prize forfeits such Prize, the Sponsor may, in its sole discretion and time permitting, select a backup Entry and, if selected, will send the Notification to the Eligible Person who submitted the backup Entry, who will follow the same process specified in these Rules that is applicable to notifying the Potential Winner of the Prize. The Eligible Person who submitted that backup Entry will have the same obligations as apply to the Potential Winner of the Prize. If, and as necessary, the Sponsor may elect, in its discretion, to continue the process of attempting to verify an Eligible Person as the Winner of the Prize by dealing with each Eligible Person who submitted an Entry until a Prize Winner is verified, or until there are no more Entries remaining. In the latter case, that Prize will not be awarded in the Contest and no Eligible Person who was a Potential Winner of the Prize, and no other person, will have any claim against the Sponsor in respect of the Prize or the Contest.

10. Prize Distribution: Once verified as a Winner, the Prize will be sent via method prescribed by the Sponsor through email communication to the Winner.

Any income or other taxes (including, without limitation, federal, provincial/territorial, and local income taxes) on or connected with the Prize, and the reporting consequences thereof, are solely the responsibility of the Winner of the Prize.

Any expenses which are applicable to the Prize, and which are not expressly included in the description of that Prize in these Rules are the sole responsibility of the Winner of that Prize. If the Potential Winner cannot accept the Prize as stated, the Prize will be forfeited in its entirety.

The Winner may not transfer the Prize to any other person prior to the actual delivery to him/her/them of the Prize unless authorized in writing by the Sponsor before the transfer is made. Such authorization may be granted or withheld in the Sponsor’s sole discretion. Any Potential Winner or Winner of the Prize must make any request for such authorization in writing and must sign and return the request to the Sponsor.

11. Disqualification: It is the responsibility of any Eligible Person who submits an Entry into the Contest to ensure that he/she/they has complied in full with all of the conditions and requirements contained in these Rules. The Sponsor reserves the right in its sole discretion to disqualify any person who is found to be tampering with the entry process or with 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 apparent intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person.  The Sponsor reserves the right to seek damages and other remedies from and against any such person to the fullest extent permitted by law.

Any attempt by any person to damage the Sponsor’s Baskin-Robbins® Instagram page or to undermine the legitimate operation of the Contest may be 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.  The use of an invalid or private Instagram account will disqualify any related Entry.

By entering the Contest, Eligible Persons agree to abide by these Rules and by the decisions of the Sponsor with respect to all aspects of the Contest, including without limitation any decision respecting the eligibility or otherwise and the identity of any person who participates or attempts to participate in the Contest. All such decisions are final and binding (without right of appeal) on all persons who enter the Contest.

Any person attempting or apparently attempting in any way to defraud the Sponsor in any way in connection with the Contest will be disqualified and prosecuted to the fullest extent permitted under the law.

In case of a dispute over the identity of an Eligible Person who submits an Entry into the Contest, the authorized account holder of the Instagram profile will be deemed to be the entrant. The term “Authorized Account Holder” is defined as the natural person who is assigned to an Instagram profile by www.instagram.com. A Potential Winner may be required to show valid proof of being the Authorized Account Holder of the Instagram profile associated with their Entry(ies). If a dispute cannot be resolved to the Sponsor’s satisfaction, the potential winning Entry will be deemed null and void.

If a Winner makes any false statement in any document related to the Contest, the Winner will be required to promptly return the awarded Prize (or, at the Sponsor’s option, the cash equivalent of the Prize based on the ARV as stated in these Rules) to the Sponsor upon demand and at the Winner’s sole expense.

12. Release and Liability: By entering the Contest, each Eligible Person (here, a “Releasor”) releases and agrees to indemnify and hold harmless the Sponsor, Instagram, Inc., and their respective parent, related and subsidiary and affiliated companies, subsidiaries, agents, members, dealers, franchisees, stores, advertising or promotional agencies, representatives, and each of their respective directors, officers, employees, successors, sponsors, partners, licensors, licensees, subsidiaries, agents, advisors, assignees, and all others associated with the development and execution of the Contest (collectively the “Releasees”), from and against any and all manner of action, causes of action, suits, debts, covenants, contracts, costs, expenses, claims and demands, including legal fees and related expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach and liability for injury, accident, damage, claim, loss, misfortune, death, or property damage which any Releasor, or his/her administrators, heirs, successors or assigns, has, might have or could have, with respect to or in any way related or connected to any aspects of the Contest or by reason of or arising out of the Releasor’s participation in the Contest and/or in connection with the acceptance and/or use by the Releasor of the Prize awarded and any travel by a Releasor to claim the Prize and from and against any and all liability with respect to or in any way related to the Prize, printing errors or omissions, claims based upon publicity rights, defamation or invasion of privacy prior to being awarded the Prize, or arising from the Contest and the awarding, use, possession, delivery or misuse of the Prize awarded, including liability for personal injury or damage to property. The Releasor further agrees to indemnify and save the Releasees harmless from and against any such causes of action, suits, debts, covenants, contracts, costs, expenses, claims and demands, including legal fees and related expenses.

The Releasees are not responsible for illegible, misdirected, late, lost, damaged, delayed, stolen, or any postage-due submission or transmission of any Declaration and Release (or for any Declaration and Release which is sent to the Sponsor on a ‘collect’ basis) or for any failed Prize delivery or attempted Prize delivery; for incorrect, inaccurate or incomplete capture on or by an Instagram account, the Sponsor’s Baskin-Robbins® Instagram page, or the Contest Computer of any Entry or any Entry information; for late, lost, illegible, incomplete, falsified, fraudulent, tampered with, altered or destroyed Entries and all such Entries are void; for any damage to any Eligible Person’s or other person’s computer system or wireless device which is occasioned by accessing the Sponsor’s Baskin-Robbins® Instagram page or by participating in the Contest, or by redeeming or attempting to redeem the Prize; for lost, interrupted, inaccessible, incompatible or unavailable networks, servers, satellites, Internet Service Providers, wireless carriers, websites, or other connection or connections; for availability or accessibility problems arising in connection with or over the course of the Contest; for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, email, telephone or cable transmissions, or hardware or software malfunctions, failures or difficulties; for any technical malfunctions, failures, or difficulties, printing errors or omissions, clerical, typographical or other error(s) or omission(s) in any materials connected to the Contest including, without limitation, in any advertising or advertising materials, in any declaration and release, in any Entry, in the offering or announcement of the Prize or in the Prize notice or the Notification; for any errors or omissions of any kind, whether human, mechanical, clerical, electronic, or technical in nature; or, for the incorrect or inaccurate capture of information, or the failure to capture any information.

Without limiting the generality of the foregoing, and subject to any governmental approval which may be required, the Sponsor reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or to modify, suspend or extend the Contest in any way, if it determines, in its sole discretion, that the Contest is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, glitches, or printing or production errors or omissions) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Contest. In the event the Sponsor is impeded or prevented from continuing with the Contest as planned or intended by any event beyond its control, including, but not limited to fire, flood, natural or manmade epidemic or health hazard or crisis, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment malfunction or failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), any federal, provincial/territorial, or local government law, order, or regulation, public health crisis, the order of any court or jurisdiction, or by any other cause not reasonably within the Sponsor’s control. If, due to printing or programming or production or transmission or other errors or omissions or for any other reason whatever, there are more potential Prize winners coming forward seeking to claim the Prize than there are Prizes, the Winner of the applicable Prize described in these Rules, in the sole discretion of Sponsor, may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be the sole and exclusive remedy in such circumstances for any Eligible Person who has submitted an Entry into the Contest.

13. Publicity: By claiming the Prize, the Winner hereby agrees and grants the Sponsor the right, but not the obligation, to use his/her/their name, photograph, voice, and likeness, along with his/her/their address (city/town and province) and any statements made by or attributed to him/her/them in any and all media (including the Internet), now known or hereafter devised, in perpetuity and throughout the universe for advertising and promotional purposes in connection with the Contest and other promotions without further notice, review, approval or compensation, and releases the Sponsor and all directors, officers, employees, and agents of the Sponsor and of the Sponsor’s divisions, parents, subsidiaries or affiliated companies, advertising and promotion agencies, representatives, stores, service agencies, or independent contractors from any liability with respect thereto.

By accepting the Prize, the Winner agrees that if the Sponsor decides, in its sole discretion, to hold any Prize presentation ceremony or event, the Winner will attend and participate in such presentation, at his/her/their own cost.

14. Privacy: In the course of conducting the Contest, the Sponsor will acquire certain personal information as submitted by persons seeking to enter the Contest. The Sponsor will use such personal information only for the purpose of conducting and administering the Contest and in accordance with its privacy policy.

The Sponsor’s privacy policy is hereby incorporated into these Rules, a copy of which can be found here: www.baskinrobbins.ca/privacy-policy/ .

These Rules, the Declaration and Release, and Notification are all available in accessible formats on request. Such requests can be made by calling the Sponsor at 1-800-859-5339.

A copy of these Rules can be found at www.baskinrobbins.ca/flavour-slam-rules-regulations. A copy of these Rules may also be obtained by sending an email, to: Njoseph@inspirebrands.com, re: Flavour Slam – Ice Cream for a Year Giveaway. Only one request for a copy of these Rules per outer envelope, mailed separately will be fulfilled. All requests for a copy of these Rules must be received before the expiry of the Contest Period.

15. Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations as between one or more persons who participate in the Contest and the Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, 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. All persons who participate in the Contest, the Sponsor, and all other parties hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Contest or arising under or in respect of these Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Rules solely for ease of reference, and shall not be deemed or considered to affect in any manner the meaning or intent of these Rules or any provision hereof. These Rules cannot be modified or amended in any way except in writing by a duly authorized representative of the Sponsor. Subject to the provisions of these Rules, employees of the Sponsor, or of any of its representatives, are not authorized to modify, amend or waive these Rules.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Declaration and Release or the Sponsor’s Baskin-Robbins® Instagram page or advertising or form or other publicity or materials concerning the Contest and the provisions contained in these Rules, the provisions in these Rules shall prevail, govern and control.

16. Social Media Platforms: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or any other social media platform. You understand that you are providing your information to Baskin-Robbins® Canada and not to Facebook, Instagram or any other social media platform. Facebook, Instagram and all other social media platforms are completely released of any and all liability by each entrant in this Contest. Any questions, comments or concerns about the Contest must be directed to the Sponsor and not Facebook, Instagram or any social media platform.

©2022 Baskin-Robbins Canada. All rights reserved.