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TIM HORTONS “STEAKHOLDER SURPRISE & DELIGHT” TWITTER CONTEST

No purchase necessary to enter or win. Making a purchase will not increase your chances of winning. Void where prohibited. This contest is open to Canadian residents excluding residents of the province of Quebec, and is governed by Canadian law.

The Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to the Sponsor (defined below) and not to Twitter. Any personal information you provide will only be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Twitter is completely released from all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Twitter. You may only use one (1) Twitter account (the “Account”) to participate in this Contest.

1. CONTEST PERIOD:

Tim Hortons “Steakholder Surprise & Delight” @TimHortons Twitter Contest (the “Contest”) begins on October 1, 2014 at 10:00:00 AM Eastern Daylight Time (“EDT”) and ends on October 8, 2014 at 11:59:59 PM EDT (the “Contest Period”). Within the Contest Period there will be five (5) days (October 2; 3; 6; 7; and 8, 2014) where entries received during the identified time periods are eligible for a Secondary Prize (see Rule 8 for dates and times). A “Day” is defined as commencing at 12:00:00 AM (EDT) and ending at 11:59:59 PM EDT except for the first day which commences at 10:00:00 AM EDT and ends at 11:59:59 PM EDT. Limit one (1) entry per person per Day and each entry submitted must be unique during the Contest Period.

2. ELIGIBILITY:

Contest is open to legal residents of Canada, excluding residents of the province of Quebec, who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Tim Hortons Advertising and Promotion Fund (Canada) Inc. (the “Sponsor”), its affiliated and related companies, Tim Hortons franchisees/licensees and advertising/promotion agencies (collectively, the “Contest Parties”). For these Official Rules, "immediate family" means mother, father, sister, brother, son, daughter or spouse, including common law spouse, regardless of where they reside. NOTE: It is recommended that entrants ensure that his/her employer allows acceptance of a prize as part of his/her employment policy.

3. HOW TO ENTER:

  1. To participate in this Contest, you must have a valid Twitter Account. If you do not have an Account, visit http://www.twitter.com/ and register in accordance with the enrolment instructions for a free Twitter account. In addition, eligible entrants (see above) can become a “follower” (the “Follower(s)”) of the official @TimHortons channel on Twitter (note: you can un-follow at any time).

    To become a Follower, an eligible entrant must: (i) visit www.twitter.com/TimHortons; OR (ii) from his/her Twitter home page, click on the "Find People" tab and perform a search for "@TimHortons”; AND (iii) click on the "Follow" button corresponding to the official @TimHortons channel.

  2. No purchase necessary. In order to participate entrants will be required to provide a personal answer to the Theme which will be Tweeted on the Sponsor’s official Twitter channel inviting Followers to reply to the Theme. An eligible reply Tweet to the Theme by a Follower will constitute one (1) entry (the “Entry/Entries”).
    1. During the Contest Period, you can enter the Contest by Tweeting (the “Tweet(s)”) your personal and unique response to the @TimHortons channel using your Twitter account. To be eligible, your Tweet must:
    2. be in accordance with the specified Theme for the Contest Period and Submission Requirements listed below in Rule 4;
    3. The Tweet must include your personal answer to the Theme of the Tweet: why you and your colleagues deserve a Steakholder meeting from Tim Hortons (the “Theme”);
    4. include the following hashtag --- #TimsSteakHolder (the “Hashtag”);
    5. comply with the Twitter Terms of Service and Twitter Rules available at http://www.twitter.com/; and
    6. conform to Twitter’s (140) character limitation, including the Hashtag.
  3. Any Tweet that does not follow the above format (as determined by Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest.
  4. A Tweet will be considered to be void (and an Entry will not be granted) if the Tweet: (i) does not describe and/or discuss the Theme (as determined by Sponsor in its sole and absolute discretion); (ii) is incomplete or illegible; (iii) is not submitted and received during the Contest Period in accordance with these Rules; (iv) does not include the Hashtag; (v) does not conform to Twitter’s (140) character limitation including the Hashtag; (vi) does not comply with the Twitter Terms of Service and Twitter Rules; and/or (vii) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by Sponsor in its sole and absolute discretion).
  5. Standard text messaging and/or data rates apply to Followers who submit a Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each standard text message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
  6. You can only use one (1) e-mail address/Account to enter the Contest. If it is discovered that any person has attempted to: (i) submit more than one (1) Tweet per person/e-mail address/Account during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) e-mail address or Account to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest and all of his/her Tweets voided. Use (or attempted use) of multiple names, identities, e-mail addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Tweets (all of which are void).
  7. A Follower will receive one (1) Entry (defined below) when he/she Tweets his/her Tweet in accordance with these Official Contest Rules and Regulations (the “Rules”). IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ANY PERSON/FOLLOWER BE PERMITTED TO OBTAIN MORE THAN THE MAXIMUM NUMBER OF ENTRIES AS STATED IN THESE RULES.
  8. Entries submitted prior to a Secondary Prize or after a Secondary Prize draw period will not be included or rolled over into the next Secondary Prize draw period. 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 Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Tweet/Entry in this Contest will be the Contest server machine(s).

4. SUBMISSION REQUIREMENTS:

BY SUBMITTING A TWEET, YOU AGREE THAT THE TWEET COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE TWITTER TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY TWEET YOU SUBMIT. THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.

Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, any Tweet you submit must be your personal and original answer (i.e. you cannot Retweet someone answer or submit the same answer more than one time in this Contest and/or copy someone else’s Tweet in whole or in part and the Tweet must be written in English only.
By participating in the Contest, each entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor and further warrants and represents that any Tweet he/she submits:

  1. is original to him/her and that the entrant has all necessary rights in and to the Tweet to enter the Contest;
  2. does not violate any law;
  3. does not contain any reference to any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
  4. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
  5. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

By entering the Contest and submitting a Tweet, each entrant: (i) without limiting the Twitter Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Tweet in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Tweet. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any Tweet does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated entrant. Tweets will NOT be judged.

6. ELECTRONIC COMMUNICATIONS:

By submitting an Entry to the Contest as described above, the entrant agrees to do business with the Sponsor electronically and agrees that his/her act of submitting the Entry to the Contest is binding form of your electronics signature, which you agree binds you to these Official Rules.

7. THE PRIZES AND APPROXIMATE RETAIL VALUES:

A total of thirty-six (36) prizes are available to be won during the Contest Period with ten (10) Grand Prizes and twenty-five (25) Secondary prizes.

Grand Prizes: A total of ten (10) Grand Prizes are available to be won. Each Grand Prize consists of the winner receiving up to twenty (20) Tim Hortons Steak & Cheese Panini combos (which includes a choice of beverage [coffee, juice or pop] and side [chips or donut]) to his/her place of employment within Canada. The approximate retail value of each Grand Prize is $200.00 CDN. The Grand Prize will be delivered to the winner’s place of employment within Canada between Monday and Friday and between the hours of noon and 1 pm local time and within one (1) delivery. All invited co-workers to the winner’s “lunch meeting” will be responsible for their own transportation to and from the meeting location. The winner’s “lunch meeting” must occur on or before November 30, 2014 and dates are subject to approval by the Sponsor at their sole discretion. The winner is responsible for any other items whether food related or not and which are not listed as included in the Grand Prize. If the Grand Prize winner requires any additional items from Tim Hortons and which are not listed as included in the Grand Prize, the winner will be responsible for all associated costs to purchase these items and will be required to provided the Sponsor or its designated agent with a valid credit card to cover the cost of these items prior to delivery. No substitutes permitted with any item listed as included in the Grand Prize. If for any reason a winner’s place of employment is further than 50 kilometers from a Tim Hortons location serving Steak Sandwiches he/she will be provided with a $200.00 Canadian Tim Card (at the sole discretion of the Sponsor).

Secondary Prizes: A total of twenty-five (25) Secondary Prizes are available to be won with five (5) Secondary Prizes awarded on each of the following dates: October 2; 3; 6; 7; and 8th, 2014. Each Secondary Prize consists of a $10.00 Canadian Tim Card (the “Prize”).

Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize or prizes of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. Each Prize will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Twitter account associated with the selected Entry. There is a limit of one (1) Secondary Prize per person and one (1) Grand Prize per office location during the Contest Period. All Secondary Prize winners are eligible to win a Grand Prize. Any and all costs/expenses not specifically included in the Prize description are the sole and absolute responsibility of each confirmed winner. Secondary Prizes will be sent by registered mail within ten (10) days of October 9, 2014. Grand Prizes must be delivered on or before November 30, 2014.

8. WINNER SELECTION:

Secondary Prize Selection Period: A total of five (5) random draws will be held in Oakville, ON at 12:00 PM EDT on the following dates:


Secondary Prize Draw Period

Starting Period

Closing Period

Draw Date

Prize No 1

10:00:00 AM EDT on October 2, 2014

11:59:59 PM EDT on October 2, 2014

October 3, 2014

Prize No 2

10:00:00 AM EDT on October 3, 2014

11:59:59 PM EDT on October 3, 2014

October 6, 2014

Prize No 3

10:00:00 AM EDT on October 6, 2014

11:59:59 PM EDT on October 6, 2014

October 7, 2014

Prize No 4

10:00:00 AM EDT on October 7, 2014

11:59:59 PM EDT on October 7, 2014

October 8, 2014

Prize No 5

10:00:00 AM EDT on October 8, 2014

5:00:00 PM EDT on October 8, 2014

October 9, 2014

Odds of winning a Secondary Prize depends on the total number of eligible Tweets received between the Starting Period and the Closing Period defined above.

Grand Prize Selection Period: Random draws will be made by the independent contest organization in Oakville, ON at 2:00 PM (EDT) on October 9, 2014 to select ten (10) Grand Prize entrants from all eligible Tweets received during the Contest Period. Odds of winning a Grand Prize depends on the total number of eligible Tweets received during the Contest Period.

The Sponsor or its designated representative will send @mention notification out to each selected entrant on or before 1:00 PM (EDT) on each defined Draw Date. Each selected entrant must respond by direct message on or before 4:00 PM (EDT) on each defined Draw Date by following the instructions on the notification. If any selected entrant fails to do so, then he/she will be disqualified (and will forfeit all rights to a Prize), even if the Potential Winner’s name or Twitter handle may have been publicly announced. Forfeited prizes will not be awarded.

Before being declared A CONFIRMED PRIZE winner, each selected entrant will be required to respond to the e-mail notification including: (i) correctly answer a mathematical skill-testing question without mechanical or other aid; (ii) confirms compliance with these Rules; (iii) (for Grand Prize selected entrants only) must complete and return the Sponsor Declaration of Compliance and Release of Liability and Publicity Release Form (the “Prize Form”) within the indicated time frame; (iv) acknowledges acceptance of the Prize as awarded; (v) assigns all intellectual property, including copyright, in and to his/her Tweet and waives his/her moral rights therein in favour of the Sponsor; (vi) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Tweet including, without limitation, any claim that his/her Tweet infringes a proprietary interest of any third party; (vii) releases the Releasees from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (viii) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If a selected entrant: (a) fails to correctly answer the skill-testing question; (b) fails to respond to the e-mail notification; (c) fails to return the Sponsors Prize Form; and (d) cannot accept his/her Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to a Prize).

In addition each Grand Prize winner must confirm that his/her employer permits Tim Hortons or its designated agent to delivery his/her Grand Prize to his/her place of employment.

9. GENERAL CONDITIONS:

By participating in this Contest, each entrant: (i) agrees to be bound by these Rules; (ii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action; and (iii) releases the Releasees from any and all liability in connection with this Contest and his/her participation therein.

The Releasees will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Tweet to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.

In the event of a dispute regarding who submitted a Tweet, Tweets will be deemed to have been submitted by the authorized account holder of the Twitter account submitted at the time of entry (as determined in accordance with the official records of Twitter). An entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter account associated with the selected Tweet and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.

The Sponsor reserves the right to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) 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. The Sponsor reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants and/or Tweets.

The Sponsor reserves the right and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Tweet with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.timhortons.com/ca/en/privacy.html), unless the entrant otherwise agrees.

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.

Sponsor: Tim Hortons Advertising and Promotion Fund (Canada) Inc., 874 Sinclair Road, Oakville, ON, L6K 2Y1

Administrator: Paradigm PR, 150 Bloor St. W. Suite 505, Toronto, ON M5S 2X9

Tim Hortons is a registered trademark of The TDL Marks Corporation. © Tim Hortons, 2014

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