NO PURCHASE IS NECESSARY TO ENTER THIS SWEEPSTAKES. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A DONATION OR DIRECT PAYMENT TO THE SPONSOR WILL NOT INCREASE YOUR CHANCES OF WINNING.
These rules (the "Official Rules") contain an arbitration agreement and class action waiver which affect your legal rights. It is strongly recommended that you review the rules in their entirety before entering the Sweepstakes.
The "Second Harvest Hero Sweepstakes" (the "Sweepstakes")
SWEEPSTAKES ENTRY PERIOD:
January 1, 2021 at 9:00 a.m. ET (the "Sweepstakes Start Date") and ends on April 9, 2021 at 2:00 p.m. ET (the "Sweepstakes End Date") (such period referred to herein as the "Sweepstakes Entry Period"). All times are measured by Eastern Time (ET) in Canada.
EARLY BIRD ENTRY PERIOD:
All eligible entries received between January 1, 2021 at 9:00 a.m. ET and February 18, 2021 at 11:59 p.m . ET shall be entered into the Early Bird Draw ("Early Bird Entry Period").
The Sweepstakes is sponsored by and for the benefit of the Second Harvest Food Support Committee (the "Sponsor"), a non-for-profit organization registered under the Canada Not For Profits Corporations Act with charitable organization status from CRA, Registration Number 133865477 RR 0001.
The Sweepstakes is only open to (a) legal residents of Canada, except for the Province of Quebec; and (b) who are eighteen (18) years of age or older at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by the terms and conditions stated in these Official Rules which shall be final and binding in all respects, agrees to be bound by the decisions of the Sponsor, and warrants that she/he is eligible to participate in the Sweepstakes. Employees of Ascend Fundraising Solutions along with employees of Second Harvest working directly on the project, and/or persons living in the same household, are not eligible to participate in the Sweepstakes. These Second Harvest employees include; Jessica Westwood-Smith, Kristina DeLuca, Lori Nikkel, Zeeshan Liaqat, Kris-John Kucharik, Stacey Kelly, and Katie Bedford.
The Sweepstakes is void where prohibited and/or restricted by law and is subject to applicable federal, provincial and municipal laws and regulations.
HOW TO ENTER:
There is no limit to the number of entries any one participant may have.
- TO ENTER BY DONATING: Participants may enter the Sweepstakes by visiting www.secondharvestsweeps.ca (the "Sweepstakes Website") during the Sweepstakes Entry Period and following the on-screen prompts. If you donate: $10 you will receive 1 entry, $25.00 you will receive 5 entries; $50.00 you will receive 20 entries; $100.00 you will receive 50 entries. Participants will receive an email confirmation at the email address provided on the Sweepstakes Website. Donations are not tax deductible. All donations are final and non-refundable.
- TO ENTER WITHOUT DONATING: Participation in the Sweepstakes is voluntary and does not require you to make a donation or payment to the Sponsor. If you wish to enter the Sweepstakes without donating, you may enter for free ("No Donation Necessary") as follows:
To complete your free entry, you must also submit an email entry by e-mailing Sponsor during the Sweepstakes Entry Period at firstname.lastname@example.org with the following information:
- Subject line: Second Harvest Hero Sweepstakes
- First and last name:
- Email address
- Mailing address (including city, province and postal code)
- Day and evening telephone numbers (including area codes)
- The following statement: "I acknowledge that I have read, understand and agree to the Sweepstakes Official Rules"
- A short video (minimum 10 seconds, maximum 1 minute) "Who is your hero and why?"
Entries using the No Donation Necessary method that do not clearly provide all of the above-listed information will be deemed ineligible (as determined in Sponsor's sole discretion).
There is no limit to the number of free entries submitted by an email address, but each online entry must be accompanied by a unique video submitted in a separate email message with all of the required information as provided above. Duplicate videos will automatically void the entry. All video entries must be received by 9:00 a.m. ET on April 9, 2021. Once Sponsor verifies that the free entry is valid and meets all the requirements and conditions of the free entry process, the entrant will receive their entry confirmation via the email address provided.
All videos submitted in connection with this Sweepstakes by entrants shall be the exclusive property of Second Harvest Food Support Committee and its Affiliates. To the extent that the entrant has or obtains any right, title or interest in or to any video submitted, the entrant hereby assigns and agrees to assign to the Second Harvest Food Support Committee or any Second Harvest Food Support Committee Affiliate as Second Harvest Food Support Committee shall specify, all of such right, title and interest therein and thereto. The entrant agrees to execute any additional documents, applications, registration forms as may be presented to him/her to establish Second Harvest Food Support Committee and its Affiliates' rights as stated herein. The entrant also waives, in favour of Second Harvest Food Support Committee or such Second Harvest Food Support Committee Affiliate(s) designated by Second Harvest Food Support Committee, any moral rights in any video submitted in connection with this Sweepstakes.
Each successfully submitted No Donation Necessary entry is worth 1 entry in the Sweepstakes.
PRIZE RECIPIENT (each a "Winner"):
- Early Bird Prize Draw Date: February 19, 2021 at 10:00 a.m. ET ("Early Bird Draw Date")
- Grand Prize and Secondary Prizes Draw Date: on or about April, 9 2021 at 3:00 p.m. ET ("Grand Prize Draw Date")
- Five (5) Early Bird Prize Winners (each an "Early Bird Winner")
- One (1) Grand Prize Winner ("Grand Prize Winner")
- Fourteen (14) Secondary Prize Winners (each a "Secondary Prize Winner")
The following Prize Conditions apply to all Prizes (additional prize conditions may apply to individual Prizes; see Prize descriptions for details):
- Prize is not transferable. Unless expressly provided, Prize cannot be redeemed for cash. Prize must be claimed as a whole and Prize substitution, in whole or in part, will not be allowed except in Sponsor's sole discretion. Inappropriate activity or behaviour before or during the Prize may result in the immediate termination of the Prize, in whole or in part. Sponsor is not responsible if the Winner does not use any portion of the Prize. All expenses and costs associated with the acceptance or use of the Prize (including incidentals) that are not expressly specified in these Official Rules as being part of the Prize are the sole responsibility of the Winner. In the event a Prize is subject to delays, substitutions, discontinuations, and/or availability issues or other restrictions or circumstances beyond Sponsor's control as determined by Sponsor in its sole discretion, Winner shall be provided with a Prize of equivalent or greater value in the Sponsor's sole discretion. Sponsor will not replace any lost or stolen Prize items. The Sponsor does not provide any type of insurance whatsoever and therefore, obtaining any insurance is the sole responsibility of winner and shall be procured at the sole expense of the winner, if applicable. Sponsor makes no express and/or implied warranties of any nature whatsoever, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Sponsor is responsible only for Consolation Prize delivery and not Consolation Prize utility. Any and all federal and/or provincial tax liabilities as a result of acceptance of all or any portion of a Consolation Prize, as well as any other fees, costs and expenses not specified herein as being awarded, are the sole responsibility of the winner unless otherwise specified herein.
If Prize Winner is not able to claim Prize, Prize Winner shall forfeit the Prize and Sponsor may, but is not required to, elect to randomly select an alternative potential Prize Winner from all remaining eligible entries received.
PRIZING (each a "Prize"):
Early Bird Prizes – Enter By February 18, 2021 11:59 ET:
On or about February 19, 2021, Sponsor will select five (5) Early Bird Winners from the entire pool of entrants having entered by 11:59 p.m. ET on April 30, 2020. The Early Bird Winners will each receive one (1) five hundred dollar ($500.00) Best Buy gift card (each an "Early Bird Prize"). The winner of any Early Bird Prize will be subject to the same rules of Prize Conditions, eligibility, verification, confirmation and any and all other conditions to which the all Sweepstakes Winners are subject, as the same are described in these Official Rules including, but not limited to, the Publicity and Liability Releases described herein. The winner of any Early Bird Prize will still be included in the drawing for the Grand Prize and any Secondary Prizes as applicable. (Approximate Total Retail Value of each Early Bird Prize
One (1) official winner of the Sweepstakes (the "Grand Prize Winner") will win the ‘Around the World with Air Canada' grand prize including round-trip airfare for 2 (for the Grand Prize Winner and Guest) to anywhere Air Canada flies (the "Grand Prize"). Make your dream vacation a reality! Whether it's the sandy beaches of St. Lucia or the snowy peaks of Switzerland, fly across the globe to the any Air Canada destination of your choice. Package includes round-trip airfare vouchers for two (2) people to anywhere Air Canada flies and a $500 CAD Mastercard gift card to the Grand Prize Winner to choose your preferred accommodation. Tickets are valid for travel until June 30, 2022. Departure City: Anywhere Air Canada flies. Blackout dates apply
. Approximate Total Retail Value of the Sweepstakes Grand Prize: $7,300.00.
Grand Prize Conditions:
In addition to the Prize Conditions provided in these Official Rules, the follow conditions shall apply to the Grand Prize:
- Winner and Guest must travel on same itinerary. If Winner elects to claim the Grand Prize without declaring a Guest, no additional compensation will be awarded. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the transportation carrier (including but not limited to airline carrier) of choice as detailed in the passenger ticket contract. The passenger ticket contracts in use by the transportation carrier will constitute the sole contracts with respect to the Grand Prize Winner's and their Guest's transportation and such contracts will be solely between the Grand Prize Winner, their Guest and such transportation carriers. All fees, costs and expenses not specified in the Grand Prize description as being awarded (including but not limited to hotel expenses, transfers, meals, beverages, transportation, baggage fees and incidentals), are the sole responsibility of the Winner. Sponsor shall cover all direct airfare ticket-related taxes, which is included in the Approximate Retail Value of the Grand Prize).
- Grand Prize value may vary depending on city of departure and destination city. Sponsor will not be responsible for any delays, diversions, cancellations or substitutions, or any act or omission of any third party (including but not limited to: airline carrier, and ground transportation provider) with respect to the Grand Prize. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in the possession of the Grand Prize Winner and/or Guest, will not be replaced. Tickets are valid for travel until June 30, 2022. Blackout dates apply. Sponsor is not responsible if the Grand Prize Winner and/or Guest do not use any portion of the Prize.
On or about April 9, 2021 after the selection of the winner of the Grand Prize, Sponsor will select fourteen (14) additional winners for Secondary Prizes as follows:
Secondary Prize #1:
"Groceries for a Year" - one (1) Prize of $5,000 worth of Loblaws gift cards valid for all Loblaws locations across Canada. (Approximate Total Retail Value of Secondary Prize #1
Secondary Prize #2:
Escape to Banff Springs one (1) $1,000 MasterCard gift card and a two (2) night stay at the Fairmont Banff Springs hotel on Fairmont gold including breakfast daily and valet parking for two (2) people. Valet parking, taxes and gratuities included. (Approximate Total Retail Value of Secondary Prize #2
Secondary Prize #3:
- Secondary Prize #2 Conditions: In addition to the Prize Conditions provided in these Official Rules, the follow conditions shall apply to Secondary Prize #2: Valid until December 1, 2021 and based on availability. Excludes holiday weekends, December 18 - January 2 and July/August. Cannot be applied to any other special offer, promotion, or specialty events. COVID-19 protocols or amendments to services and offerings may apply. Transportation and transfers to the hotel and travel to Prize destination is not included and is the sole responsibility of the Winner of this Prize. Winner and Guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card for incidental expenses which are the sole responsibility of Prize Winner. All fees, costs and expenses not specified in the Prize description as being awarded (including but not limited to transfers, meals, beverages, airfare or other transportation expenses, baggage fees and incidentals), are the sole responsibility of the Winner.
"Don't go Baking my Heart" - one (1) Le Creuset, cookware bakeware and dining set consisting of the following:
econdary Prize #4: Life's Good in HD
- One (1) Le Creuset Chef's French Oven/Traditional Pot 4.1L - Oyster
- One (1) Le Creuset 6.7 L Round French Oven - Oyster
- One (1) Le Creuset 3.4L Oblong Casserole - Oyster
- One (1) Le Creuset 16 Piece Dinnerware Set - Oyster
- One (1) Le Creuset 7-piece Baking Set
- One (1) Le Creuset Butter Dish - Oyster
- One (1) Le Creuset Kettle - Oyster
- One (1) Le Creuset 3.5L Braiser – Oyster
(Approximate Total Retail Value of Secondary Prize #3: $2,695)
- one (1) LG 75" IPS 4K UHD Smart TV (Approximate Total Retail Value of Secondary Prize #4
Secondary Prize #5: Shop Away at Hudson's Bay
- four (4) $500 Hudson's Bay gift cards (Approximate Total Retail Value of Secondary Prize #5
Secondary Prize #6: Your Home Will Have it Maid
- $1,500 in MOLLY MAID gift certificates towards cleaning services in your home (Approximate Total Retail Value of Secondary Prize #6
Secondary Prize #7: Stackware Full 6 – Modern Nesting Cookware Set
- one (1) six piece ENSEMBL nesting cookware set (Approximate Total Retail Value of Secondary Prize #7
Secondary Prize #8: UpCycle Your Smoothie Game
- one (1) Vitamix Ascend A3500 high-power blender and one (1) FoodCycler FC-50 food recycler (Approximate Total Retail Value of Secondary Prize #8
Secondary Prize #9: Taco 'bout an Awesome Prize!
- twelve (12) $100 gift cards to Quesada Restaurants (Approximate Total Retail Value of Secondary Prize #9
Secondary Prize #10: "The Cook'n'Clean Dream Team"
- Secondary Prize #9 Conditions: In addition to the Prize Conditions provided in these Official Rules, the follow conditions shall apply to Secondary Prize #9: One $100 gift card per month.
- twelve (12) $100 gift cards to Quesada Restaurants (Approximate Total Retail Value of Secondary Prize #9
Secondary Prize #11: Discover What's Possible with Weber
- One (1) HV380C Shark Rocket w/DuoClean Vacuum (Corded Stick)
- One (1) NV200C DuoClean Slim Upright Vacuum
- One (1) AF101C Air Fryer
- One (1) BL481C Nutri Ninja Auto-iQ Single Serve Blender
- One (1) BL681C Nutri Ninja Blender System with Auto-iQ
(Approximate Total Retail Value of Secondary Prize #10: $1,180)
- one (1) Weber Genesis® II E-315 Gas Grill (Approximate Total Retail Value of Secondary Prize #11
: $1,149. Assembly required)
Secondary Prize #12: "An Apple a Day Keeps Boredom at Bay"
- one (1) Apple home tech package consisting of the following:
Secondary Prize #13: Fill Your Virtual Cart with Amazon
- One (1) Apple iPad mini - Silver
- One (1) pair of Apple AirPods Pro
- Four (4) $50 iTunes gift cards
(Approximate Total Retail Value of Secondary Prize #12: $1,058)
- four (4) $250 Amazon.ca gift cards (Approximate Total Retail Value of Secondary Prize #13
Secondary Prize #14: "The Eh Team" Toronto Maple Leafs Fan Pack"
- one (1) MLSE fan package consisting of the following:
ODDS OF WINNING:
- One (1) Autographed 2019-2020 Toronto Maple Leaf Hockey Stick
- One (1) Unisex Maple Leafs Jersey Size CAD/USA 56
(Approximate Total Retail Value of Secondary Prize #14: $700)
The odds of winning the Sweepstakes Grand Prize or any Secondary Prize depends on the total number of eligible entries received during the Sweepstakes Entry Period. The odds of winning an Early Bird Prize depends on the total number of eligible entries received during the Early Bird Entry Period. There is no limit to the number of entries the Sponsor may receive.
SELECTION OF WINNER:
On April 9, 2021 at 3 p.m. ET (the "Drawing Date"), Sponsor will select the potential winners of each Prize (each a "Potential Winner") in accordance with these Official Rules. The Potential Winner will be selected by random drawing using a random number generator algorithm from all eligible entries received by the Sponsor during the Sweepstakes Entry Period. The Potential Winner will be notified by email and/or by telephone shortly after the Drawing Date, using the email address or telephone number provided with the selected entry, and will be conditionally awarded the Sweepstakes Grand Prize subject to verification of eligibility and compliance with the terms and conditions of these Official Rules. If a Potential Winner does not respond within one (1) week after the first notification attempt, or if the prize notification is returned as undeliverable, or if the Potential Winner fails to provide the necessary information to confirm the Potential Winner's identity and eligibility to receive the Sweepstakes Grand Prize, such Potential Winner may be disqualified and the Sponsor may, in its sole discretion, select an alternate Potential Winner to be selected by a random drawing from among the remaining eligible entries. The notification will include instructions for how to contact the Sponsor to provide name, address and other information that may be required to complete validation of eligibility and delivery of the Sweepstakes Grand Prize. No liability is assumed for any winner notification that is lost, intercepted or not received by a Potential Winner for any reason. In the event that a Potential Winner is disqualified for any reason, the Sponsor may, in its sole discretion, award the Sweepstakes Grand Prize to an alternate Potential Winner who will be selected by a random drawing from among the remaining eligible entries. The selected Potential Winner must execute all consents as provided by applicable law.
VERIFICATION OF POTENTIAL WINNER:
Each Potential Winner is subject to verification by the Sponsor. Sponsor's decisions are final and binding in all matter relating to the administration, operation, selection of the Potential Winner, and all other matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until the entrant's eligibility and compliance with these Official Rules has been verified by the Sponsor, in its sole discretion, and the entrant has been notified that verification is complete. In order to receive the Prize, the Potential Winner will be required to correctly answer, without assistance of any kind, whether mechanical, electronic or otherwise, a time-limited mathematical skill-testing question to be administered by phone or email by the Sponsor's designated agent at a mutually agreeable time. The Potential Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and/or Publicity Release in the form(s) provided by Sponsor or Sponsor's Attorneys (collectively, the "Affidavit") by the date specified by Sponsor, or such Potential Winner will be disqualified and an alternate Potential Winner may be selected. In the event that (a) Potential Winner cannot be reached within one (1) week of initial notification from Sponsor, or for whatever reason after a reasonable effort has been exerted, or the Potential Winner notification or Affidavit is returned as unclaimed or undeliverable; (b) Potential Winner declines or cannot accept, receive or use the Sweepstakes Grand Prize for any reason; (c) Potential Winner is found to be ineligible to enter the Sweepstakes or receive the Sweepstakes Grand Prize; (d) Potential Winner fails to correctly answer the skill-testing question; (e) Potential Winner did not, cannot or does not comply with these Official Rules; or (f) Potential Winner fails to fulfill the Affidavit-related obligations, then the Potential Winner shall be disqualified from the Sweepstakes and an alternate Potential Winner may be randomly selected, at Sponsor's sole discretion, from among the remaining eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate Potential Winner, if any. A Potential Winner will be declared the Sweepstakes Winner when all of the conditions of these Official Rules are fulfilled to the satisfaction of Sponsor, in its sole discretion. In the event of a dispute as to the identity of the entrant, any online entry will be deemed submitted by the authorized account holder of the e-mail account provided to the Sponsor at the time of entry, provided such account holder still meets the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Except as expressly provided in these Official Rules, any taxes which are payable on, or connected with, the receipt of the Sweepstakes Grand Prize, any Secondary Prize or any Early Bird Prize, are solely the responsibility of the winner thereof and must be paid by the winner in accordance with applicable federal, provincial and/or municipal tax laws. If you are a winner, it is important that you determine what federal and/or provincial taxes you must pay. Winners are encouraged to consult with an accountant or tax preparer to make that determination.
Nothing shall be construed such that either Sponsor, or any of their charitable partners, licensors and suppliers, and each of their respective parents, affiliates, subsidiaries, partners, and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, shareholders, members, consultants and agents, is in any way liable for any tax liability that may be created when a winner claims any prize.
RELEASE OF LIABILITY:
By participating in the Sweepstakes, each entrant agrees to the full extent allowed by applicable law to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, and their respective parent, subsidiary, and affiliates and affiliated companies, service providers, celebrities, celebrities' team/employer, partners and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, attorneys and representatives, and their successors and assigns (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, travel, lodging, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of any Prize, or any portion thereof (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Released Parties are not responsible if the Prize, or any portion thereof, is delayed, postponed or cancelled for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except at the Sponsor's sole discretion. The Sweepstakes Winner acknowledges that all prizes are awarded "as-is" and the Sponsor expressly disclaims any warranties, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose, relating to the Prize in any way.
Except where prohibited or restricted by law, Winner's acceptance of, and where applicable, Guest's participation in, the Prize, or any portion thereof, constitutes the Winner's and Guest's agreement, permission and consent for Sponsor and any of their designees to use and/or publish the Winner's and/or Guest's full name, city and province or territory of residence, photographs or other likenesses, pictures, portraits, video (including video entry if applicable), voice, testimonials, and/or statements made by the Winner and/or guest regarding the Sweepstakes or otherwise, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Sweepstakes Winner is solely responsible for acquiring guest's agreement and consent for all required documents, and failure to do so will disqualify guest from participating in any portion of the Sweepstakes Grand Prize.
The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information and/or do not comply with and/or violate these Official Rules; (b) entries, prize claims and/or notifications that are lost, late, incomplete, illegible, unintelligible, damaged and/or otherwise not received by the intended recipient, in whole or in part, due to computer, human and/or technical error of any kind; (c) entrants who have committed fraud and/or deception in entering and/or participating in the Sweepstakes and/or claiming any prize; (d) telephone, electronic, hardware, software, network, Internet and/or computer malfunctions, failures and/or difficulties; (e) any inability of a winner to accept a prize for any reason; (f) if a prize cannot be awarded due to delays and/or interruptions due to Acts of God, natural disasters, terrorism, weather and/or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries and/or losses of any kind caused by and/or resulting from awarding, acceptance, possession, use, misuse, loss and/or misdirection of any prize and/or resulting from participating in this Sweepstakes and/or any promotion and/or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (x) tampering with the entry process and/or the operation of the Sweepstakes, the Sweepstakes Website, and/or with any website promoting the Sweepstakes; (y) acting in violation of these Official Rules; or (z) entering and/or attempting to enter the Sweepstakes multiple times in violation of these Official Rules and/or the use of any robotic and/or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties, malfunction, error, disruption and/or damage and/or other unforeseen events compromise the administration, security, fairness, integrity, proper conduct or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prizes from all eligible entries received as of the termination date. Sponsor reserves the right to suspend, modify and/or cancel the Sweepstakes before the scheduled Sweepstakes End Date. In the event the Sweepstakes is cancelled, all entries into such Sweepstakes will be deemed null and void, all payments will be refunded, no winners will be selected and no prizes will be delivered.
GOVERNING LAW; SEVERABILITY; WAIVER:
The Sweepstakes and these Official Rules shall be subject to and governed by the laws of the Province of Ontario. If a court of competent jurisdiction finds any provision of these Official Rules, or their application to a particular person or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules, and the application of all of these Official Rules to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law. The failure of Sponsor to enforce at any time any provision of the Official Rules shall not be considered a waiver of such provision or any other provision and shall not deprive Sponsor of the right thereafter to enforce such provision or any other provision.
MANDATORY ARBITRATION AGREEMENT; CLASS ACTION WAIVER:
Any claim, other than a claim by Sponsor, that is not resolved informally must be resolved in accordance with the below arbitration provisions. Unless prohibited by federal law, each entrant, including, without limitation, any Potential Winner or Sweepstakes Winner, agrees to arbitrate any and all claims and disputes relating in any way to such entry or the selection of a Potential Winner or Sweepstakes Winner, or delivery or awarding of the Sweepstakes Grand Prize or any other prize ("Arbitration Claims"), except for Arbitration Claims concerning the validity, scope or enforceability of this arbitration provision, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement shall be governed by the Ontario Arbitration Act, 1991.
In any Arbitration Claim to be resolved by arbitration, neither the entrant nor Sponsor will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that entrant and Sponsor would have in court will not be available or will be more limited in arbitration, including the right to appeal. Entrants waive the right to a court or jury trial. All disputes shall be arbitrated on an individual basis, and not as a class action, representative action, class arbitration or any similar proceeding. The arbitrator(s) may not consolidate the claims of multiple parties. The arbitrator's authority is limited to entrant and Sponsor alone, unless otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator's decision shall be final and binding. The parties agree that this arbitration provision extends to any other parties involved in any Arbitration Claims, including, but not limited to, the Released Parties. This arbitration provision shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
The cost of the arbitration shall be shared equally by Sponsor and entrant, but Sponsor and entrant shall bear their own costs and attorney's fees associated with their participation in the arbitration. Notwithstanding any other provision herein, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire arbitration provision shall be void. If any portion of this arbitration provision other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration provision.
Prior to initiating an arbitration proceeding under this provision, entrant shall give Sponsor written notice of the Arbitration Claim (a "Claim Notice") and a reasonable opportunity, not less than thirty (30) days, to resolve the Arbitration Claim. Any Claim Notice to Sponsor shall be sent by mail to the Second Harvest Food Support Committee at 1450 Lodestar Road, North York, ON M3J 3C1. Any Claim Notice must (a) identify the entrant by name, address, email address, and telephone number; (b) explain the nature of the Arbitration Claim and the relief demanded; and (c) be submitted only on behalf of entrant, and not on behalf of any other party. Entrant must reasonably cooperate in providing any information about the Arbitration Claim that Sponsor reasonably requests and must give Sponsor a reasonable opportunity to respond to the demand for relief. The provisions of this section shall not apply to claims by Sponsor.
All Sweepstakes materials are the property of the Sponsor and may not be copied, reproduced or used for any purpose without Sponsor's express prior written consent.
"Best Buy" is a registered trademark of Best Buy Co. Inc. "Le Creuset" is a registered trademark of Le Creuset Canada, Inc. "MasterCard" is a registered trademark of Mastercard International Incorporated. "Hudson's Bay" is a registered trademark of Hudson's Bay Company. "Apple", "iPad", "AirPods Pro", and "iTunes" are registered trademarks of Apple Inc. "Amazon" is a registered trademark of Amazon.com, Inc. "LG" is a registered trademark of LG Corp. "FoodCycler" is a registered trademark of FoodCycler.
This Sweepstakes is not sponsored, endorsed, or affiliated in any way with any of the above listed companies or their affiliates.
"Air Canada" and "Air Canada Foundation" are registered trademarks of Air Canada. "Loblaws" is a registered trademark of Loblaw Company Limited. "Fairmont" is a registered trademark of Fairmont Hotels & Resorts. "MOLLY MAID" is a registered trademark of MOLLY MAID Canada, Inc. "Vitamix" is a registered trademark of Vita-Mix Corporation. "ENSMBL" is a registered trademark of Ensembl Inc. "Quesada" is a registered trademark of Quesada Franchising of Canada Corp. "Ninja", "Shark", "Nutri Ninja", "Auto-IQ" and "DuoClean" are registered trademarks of SharkNinja Operating LLC. "Weber" is a registered trademark of Weber-Stephen Products LLC. "Toronto Maple Leafs" is a registered trademark of Maple Leaf Sports & Entertainment Partnership.
Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
For the name (first name and last initial) of each Prize Winner, please visit www.secondharvestsweeps.ca
after the Grand Prize Draw Date, or send a self-addressed, stamped envelope to "Second Harvest Hero Sweepstakes", c/o Second Harvest Food Support Committee at 1450 Lodestar Road, North York, ON M3J 3C1. Winner requests must be received no later than ninety (90) days after Grand Prize Draw Date.
Second Harvest Food Support Committee and associated logos are trademarks of the Second Harvest Food Support Committee. Any other trademarks referenced or used in these Official Rules are used for prize identification purposes only and are the properties of their respective owners.
Copyright © 2020 Second Harvest Food Support Committee. All rights reserved.