BLACK DIAMOND CHEESTRINGS “WIN A BACKYARD MAKEOVER” CONTEST
OFFICIAL CONTEST RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY.
Black Diamond Cheestrings “WIN A BACKYARD MAKEOVER” Contest (the “Contest”)
is sponsored by Parmalat Canada Inc. (the “Sponsor”). The Contest starts on Monday June 5, 2017
(the “Contest Opening Date”) at 10:00 a.m. Eastern Time (“ET”). The Contest closes at 10:00 am ET
on Monday July 31, 2017 (the “Contest Closing Date”). The “Contest Period” runs from the Contest
Opening Date to the Contest Closing Date.
The Contest is open to all individuals who are residents of Canada and located in Canada
at the time of entry, except individuals residing in the province of Quebec who are under
the age of thirteen (13). All other entrants under the age of thirteen (13) will require
parental consent to become a cheestrings.ca member and to participate in the Contest. Subject
to the age limitation provided above, entrants who are under the age of majority in their
province of residence at the date of entry are still eligible to enter the Contest and win
a Prize provided that the parent or legal guardian of the entrant accepts the Prize and the
terms and conditions hereof for and on behalf of such entrant and completes the required
Declaration and Release Form (as further outlined below). Each entrant who is under the
age of majority will be required to provide the contact email address of his/her parent
or legal guardian upon entry.
The Contest is not open to the Sponsor or its parents, related and affiliated companies,
advertising and promotional agencies, or employees, officers, directors, representatives,
agents, successors or assignees thereof (collectively the “Contest Group”), or any persons
residing in the same household with members of the Contest Group. By entering the Contest,
entrants agree to abide by these Official Rules and all decisions of the Sponsor, which shall
be final and binding on all entrants in all matters pertaining to the Contest. The Contest
is governed by Canadian law and is subject to all applicable federal, provincial and
territorial laws and regulations. The Contest is void where prohibited by law.
2. HOW TO ENTER:
HOW TO ENTER FOR A CHANCE TO WIN THE PRIZE: Before the Contest Closing Date, visit
www.cheestrings.ca and click on the Contest logo to register and complete the online
entry form by entering your required information (ex. Name, age, telephone number,
valid email address, etc.). You must have a valid email address, phone number, and
mailing address to enter the Contest. Email accounts can be obtained free of charge
from many Internet service providers. Internet access can be obtained free of charge
from many public libraries. Only one (1) email address account and one (1) telephone
number may be used by any person to enter the Contest. Proof of sending an online entry
is not proof of receipt by the Sponsor. If the Contest entrant is under the age of
majority in his/her province of residence at the time of entry, he or she must provide
the email address of his/her parent or legal guardian during the Contest registration process.
Limit of one (1) entry per person per week during the Contest Period. If any entrant attempts
to obtain more than the specified number of entries, the Sponsor may, in its sole and
absolute discretion, disqualify the entrant from the Contest and disqualify all of
that entrant’s entries.
Entries will be declared invalid if they are late, illegible, incomplete, damaged,
irregular, mutilated, forged, garbled or mechanically or electronically reproduced.
Should it be discovered that an entrant is using the aid of computer software programs
to auto-fill entries in an unauthorized manger, that entrant will be immediately
disqualified from the Contest. The Sponsor reserves the right to disqualify all such
entrants from future contests conducted by the Sponsor without further notice.
Prize must be accepted as awarded without substitution and is not transferable,
refundable, for resale or convertible to cash. If a Prize winner is under the age
of majority in their province of residence, the Declaration and Release Form required
to claim the Prize must be signed by a parent/legal guardian (as described below).
If the selected entrant for the Prize forfeits the Prize, it may be awarded to another
entrant, at the sole option of the Sponsor.
The Sponsor reserves the right, in the event that the Prize, or any component of
the Prize, cannot be awarded as described for any reason, to substitute the same for
another prize or component of equal or greater value, without liability.
PRIZE: There is one (1) Prize available to be won by the selected entrant
(winner) during the Contest, for a “Backyard Makeover” (i.e.: renovation) to the
winner’s backyard (or similar) of its residential property. The residential property
must be located in Canada and match the address provided by the entrant on the entry
form. The total value of the Prize is $10,000 (CAD). The Prize will be comprised
of the following:
$7,500 (CAD) gift card to a home improvement retailer of the winner’s choice; and
$2,500 (CAD) cheque payable to the winner to be used for backyard renovation
purposes or similar. Sponsor agency will contact the winner directly and assist the
Winner in selecting a renovation entity to advise, assist and/or complete the
renovations to the Winner’s backyard or provide other similar services based on the
Winner’s residential property status and preferences.
The Winner must provide proof of use of the foregoing to the Sponsor’s agency by
August 7, 2018, otherwise the winner shall return the $10,000 to the Sponsor’s agency.
The odds of winning the Prize will depend on the total number of eligible entries
received during the Contest Period.
4. PRIZE DRAW
PRIZE DRAW: A random draw for the Prize will be held on Monday August 7, 2017
at 10:00 a.m. (ET) in Toronto, ON by an independent contest organization from among all
eligible entries received by the Contest Closing Date. Three (3) attempts will be made
to contact the selected entrant at the email address and two (2) attempts at the phone
number provided on their entry form between 9:00 a.m. and 5:00 p.m. ET during a period
of seven (7) days following the draw. If the selected entrant cannot be contacted within
seven (7) days, by either email or phone, he/she will be considered to have forfeited the
Prize and will be disqualified and another entrant will be drawn from the remaining
eligible entries until such time as contact is made with a selected entrant or there
are no more eligible entries, whichever comes first. The Sponsor will not be responsible
for failed attempts to contact a selected entrant.
5. CLAIMING YOUR PRIZE
Prize claims are subject to verification. To be declared the winner, the selected
entrant (or his/her parent or legal guardian, if the selected entrant is under the age
of majority in his/her province of residence) must answer correctly, without assistance
of any kind, whether mechanical or otherwise, a mathematical skill-testing question
posed by telephone at the number provided during registration for the Contest or email
at the email address provided during registration for the Contest. The selected entrant
will also be required to sign a Declaration and Release Form (the “Release Form”)
(or, if the selected entrant(s) is under the age of majority in his/her province of
residence, have his/her parent or legal guardian sign such Release Form on his/her behalf)
confirming compliance with the Official Rules, acceptance of the Prize, as awarded,
without substitution, and releasing the Sponsor, the Contest Group, Facebook, the
independent contest organization and each of their respective shareholders, directors,
officers, employees, agents, representatives, parents, subsidiaries, affiliated and
related companies, successors and assigns (collectively, the “Released Parties”) from
any liability in connection with any Prize or the Contest.
The selected entrant must return a signed Release Form within thirty (30) days of
receipt, or he/she will be disqualified from receiving the Prize and another entrant
will be selected from the remaining eligible entrants until such time as a winner is
chosen or there are no more eligible entrants, whichever comes first. The Sponsor will
contact the Prize winner within thirty (30) days of receiving his/her signed Release
Form to arrange delivery of the Prize within 6-8 weeks.
The refusal by any potential winner to accept a Prize (or any portion thereof)
release and forever discharges the Released Parties of all obligations related to the
Prize, including delivery. If a potential winner is found to be ineligible, declines
to accept the Prize, or in the event that the Prize confirmation or Prize itself is
returned undeliverable, the Prize will be forfeited and an alternative eligible
entrant may be randomly selected from the remaining eligible entries at Sponsor’s
A. Official Rules Govern
In the event of a conflict between the Official Rules and any instructions or
interpretations of these Official Rules given by an employee of the Sponsor regarding
the Contest, these rules shall prevail. In the event of any discrepancy or inconsistency
between the terms and conditions of these Official Rules and disclosures or other
statements contained in any Contest-related materials including, but not limited to,
the registration form, packaging, point of sale, print or online advertising, the
terms and conditions of these Official Rules shall prevail, govern and control.
By submitting an entry into this Contest, each entrant confirms his or her understanding
of and compliance with these Official Rules. Each entrant hereby releases and holds the
Released Parties harmless from any and all liability for any injuries, loss or damage
of any kind to the entrant or any other person, including personal injury, death or
property damage, resulting in whole or in part, directly or indirectly, from acceptance,
possession, use or misuse of any Prize, participation in the Contest, any breach of the
Official Rules, or in any Prize-related activity. The entrant agrees to fully indemnify
the Released Parties from any and all claims by third parties relating to the Contest,
Entrants waive any right to any claim arising out of or relation to ambiguity in these
For avoidance of doubt, Facebook is in no way sponsoring, endorsing, administering
or otherwise associated with the Contest, and each entrants releases and agrees to
indemnify Facebook and hold it harmless from and against any and all costs, claims,
damages, (including, without limitation, any special, incidental or consequential damages),
or any other injury, whether due to negligence or otherwise, to person(s) or property
(including, without limitation, death or violation of any personal rights, such as
violation of right of publicity/privacy, libel, or slander), due in whole or in part,
directly or indirectly to participation in the Contest, or arising out of participation
in any Contest related or Prize related activity, or the receipt, enjoyment,
participation in, use or misuse, of any Contest or Prize related activity.
C. Limitation of Liability
Incomplete entries, damaged entries, illegible entries or entries received after the
Contest Closing Date will not be accepted. The Released Parties take no responsibility
for lost, stolen, misdirected, damaged, illegible or late entries which for any reason
are not received before the Contest Closing Date, or for printing, distribution or
None of the Released Parties assumes any responsibility for any problems or technical
malfunctions of or relating to any telephone network or lines, unavailable network
connections, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic
communications (regardless of whether caused by the sender or by any of the equipment
or programming associated with or utilized in this Contest), human error in the processing
of entries in this Contest, computer online systems or servers, computer software
problems, traffic congestion on the Internet or at any website, or other errors or
difficulties of any kind whether human, mechanical, electronic, computer, network,
typographical, printing or otherwise relating to or in connection with the Contest,
including, without limitation, errors or difficulties which may occur in connection
with the administration of the Contest, the processing of entries, the announcement of
any Prize or in any Contest-related materials; nor will any of the Released Parties
assume any responsibility for any damage to an entrant’s or any person’s computer or
for breaches of privacy due to interference by third party computer “hackers” arising
as a result of participating in this Contest.
For avoidance of doubt, none of the Released Parties assumes any liability for any
personal injury or property damage or losses of any kind, including without limitation,
direct, indirect, consequential, incidental or punitive damages which may be sustained
to an entrant's or any other person's computer equipment resulting from an entrant's
attempt to either participate in the Contest or download any
information in connection with participating in the Contest or use of any website.
Without limiting the foregoing, everything on any website is provided "as is" without
any warranty of any kind, either express or implied, including but not limited to,
the implied warranties of merchantability, fitness for a particular purpose or
non-infringement. Furthermore, none of the Released Parties assumes any liability
for any additional aspects of the Contest.
D. Contest Administration
All entries are the property of the Sponsor and none shall be returned. All decisions
regarding the Contest remain with the Sponsor. In addition, the Sponsor reserves the
right, in its sole discretion, subject to the approval of the Régie des alcools, des
courses et des jeux (the “RACJ”), to modify, cancel, suspend and/or terminate any or
all parts of the Contest for any reason.
The Sponsor reserves the right, in its sole discretion, to disqualify any individual
that it finds to be in violation of these Official Rules. The Sponsor reserves the
right to refuse an entry from a person whose eligibility is in question or who has been
disqualified or is otherwise ineligible to enter. Any attempt to tamper with the
entry process, interfere with these Official Rules, deliberately damage any website or
undermine the administration, security or legitimate operation of the Contest, is a
violation of criminal and civil laws, and the Sponsor reserves the right to seek damages
and/or other relief (including attorneys’ fees) from all persons responsible for such
acts to the fullest extent permitted by law, which may include banning or disqualifying
entrants from this and future Sponsor contests. In its sole determination, the Sponsor
may disqualify any person who acts in any manner to threaten or abuse or harass any
person and to void all such person’s associated entries. The Sponsor reserves the right,
in its sole discretion, to terminate or suspend the Contest should fraud, computer
viruses, programming bugs, or other reasons beyond the control of Sponsor corrupt the
security, proper play, operation, or administration of the Contest.
In the event of a dispute regarding the identity of the person submitting an entry,
the entry will be deemed to be submitted by the Authorized Account Holder in whose name
the email account is registered, provided that person meets all eligibility criteria of
this Contest. "Authorized Account Holder" shall mean the natural person assigned to an
email address and/or telephone number, by an Internet access provider, online service
provider, telephone service provider or other organization that is responsible for
assigning email addresses for the domain associated with the submitted email address.
For Quebec residents, any litigation respecting the conduct or organization of a
publicity contest may be submitted to the RACJ. Any litigation respecting the awarding
of a prize may be submitted to the RACJ only for the purposes of helping the parties
reach a settlement.
E. Privacy and Publicity Rights
By accepting a Prize, the selected entrant agrees to allow the Contest Group and/or
the Contest Group’s designees the perpetual right to use his/her name, biographical
information, image, photos and/or likeness and statements for programming, promotion,
trade, commercial, advertising and publicity purposes, at any time or times, in all
media now known or hereafter discovered, worldwide, including but not limited to on
television, video, the World Wide Web and Internet, without notice, review or approval
and without additional compensation, except where prohibited by law.
The Contest Group respects your right to privacy. Personal information collected
from entrants will only be used by the Contest Group to administer the Contest and,
only if consent is actively given at the time of entry, to provide entrants with
information regarding upcoming promotions and/or events, product news or special
offers from the Contest Group. For more information regarding the manner of collection,
use and disclosure of personal information by the Sponsor, please refer to the
F. Governing Law
The Contest is subject to applicable federal, provincial and territorial laws and
regulations. The Official Rules are subject to change without notice in order to
comply with any applicable federal, provincial and territorial laws or the policy of
any other entity having jurisdiction over the Sponsor. All issues and questions
concerning the construction, validity, interpretation and enforceability of the
Official Rules or the rights and obligations as between an entrant and the 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.
The invalidity or unenforceability of any provision of these Official 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 Official 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
Any words herein importing the masculine gender shall include the feminine gender
and vice versa in both the singular and the plural.
In the event of any discrepancy or inconsistency between the English language
version and the French language version of the Official Rules, as applicable, the
English version shall prevail, govern and control.
Black Diamond, Cheesy, Cheestrings, Ficello are trademarks owned or used
under license by Parmalat Canada, Toronto ON, M9C 5J1. ©2017 Parmalat Canada.
All rights reserved.