Rules and Regulations

Official Contest Rules

TIM-BR MART 2011 World Junior Hockey Video Challenge (“Contest”)

ELIGIBILITY:

This Contest is open to hockey teams (the “Team(s)”) from across Canada (excluding the province of Quebec) with all team members between the ages of 7 and 14. Each Team must designate one (1) entrant (the “Entrant”) to submit a Video (see below) on behalf of the Team. The Entrant must be a legal resident of Canada who has reached the age of majority in his/her province or territory of residence at the time of entry (e.g. parent/legal guardian, team manager or coach). The Entrant cannot be an employee or agent (or domiciled with an employee or agent) of TIM-BR MARTS Ltd. (the “Sponsor), its advertising and promotion agencies (including, without limitation, Sims Advertising and Revolve) (collectively, the “Contest Parties”).

CONTEST PERIOD:

No purchase necessary. Contest begins on Friday May 7, 2010 at 12:00:01 Eastern Standard Time (EST) and ends at midnight EST on Thursday, November 25, 2010 (the “Contest Period”).

HOW TO ENTER:

To enter, the Entrant must go to www.timbrtube.ca (the “Website”) and fully complete the entry form (which requires the Entrant to submit his/her email address, first name, last name, town, province/territory and birth date). The Entrant must then follow the on-screen instructions to upload a video (the “Video”) on behalf of the Team. The Video must be in accordance with the specific requirements listed below and must depict, describe and/or discuss the Team and its team spirit and/or national pride. When all required fields are completed (including uploading the Video), the Entrant must click the “Submit” button to complete the entry (entry form and Video collectively referred to as “Entry/Entries”). Once the Video is uploaded to the Website it is considered final and cannot be edited, modified or re-uploaded by the entrant, except as may be required by the Sponsor or its designated representative as provided in these Rules. Entries will be rejected if: (a) entry form is not fully completed (including Video upload) by the Entrant and submitted during the Contest Period; and/or (b) if the Video does not conform to the specific requirements listed below. Without limitation, the Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries. By submitting a Video, the entrant agrees that the Video complies with all conditions stated in these Rules. The Sponsor and those associated with them will bear no legal liability, expressed or implied, regarding the use of the Video by the Sponsor and the Sponsor shall be held harmless by the Entrant in the event it is subsequently discovered that the entrant has departed from or not fully complied with any of these Rules.

VIDEO REQUIREMENTS:

To be eligible for entry in this Contest, the Video must meet the following specific requirements:

By participating in the Contest, each Entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that the Video:

• i.is original to him/her and that the Entrant has obtained all necessary rights in and to the Video and all of its components to enter the Video in the Contest. For example, the Entrant must have permission from the respective copyright owner(s) to use any and all pictures and/or photographs. Music used in the Video is limited to the TIM-BR MART Anthem.
• ii.does not violate any law, statute, ordinance or regulation;
• iii.does not contain any reference to or likeness of any third parties, unless consent has been obtained from all such individuals (and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence);
• iv.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 for payment whatsoever; and
• v.is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
  • Nudity;
  • Explicit, graphic or sexual activity;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
  • Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
  • Conduct or other activities in violation of these Rules;
  • Commercial messages, comparisons or solicitations for products or services;
  • Any identifiable third party products and/or trademarks, brands or logos, unless the necessary permissions/licenses have been obtained. For example, any clothing worn by persons appearing in a Video must not contain any visible logos, trademarks or other third party materials, unless the necessary permissions/licenses have been obtained; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion.

Failure of the Entrant to comply with any of the requirements outlined in these Rules may result in the disqualification of the Entrant from the Contest at the Sponsor’s sole discretion.

The Sponsor and/or its designated representative will initially screen every Video within 48 hours of that Video being posted on the Website. Any Video that the Sponsor or it’s designated representative deems, in their sole and absolute discretion, to violate the terms and conditions set forth in these Rules may, at the sole discretion of the Sponsor or its designated representative be disqualified and removed from the Website. The Sponsor also reserves the right, however, to (or to have its designated representative) edit or modify the Video, or require the Entrant to modify or edit the Video so that it complies with these Rules prior to, and as a condition of, the Video being posted on the Website and being eligible for entry in the Contest.

By entering the Contest and uploading a Video, each Entrant: (i) grants to the Sponsor (and its designated representative and licensees), in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Video, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to the Video 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 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. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion, to (or to have its designated representative) modify, edit or remove any Video, or request an Entrant to modify or edit the Video, if a complaint is received with respect to the Video, or for any other reason whatsoever, in the sole and absolute discretion of the Sponsor or its designated representative.

PRIZES:

There are four (4) prizes in total available to be won in the Contest – one (1) Grand Prize, one (1) Second Prize, one (1) Third Prize and one (1) Wild Card Prize, as more particularly described below:

GRAND PRIZE:

There will be one (1) Grand Prize available to be won consisting of a trip for up to thirty-eight (38) individuals (including the Entrant, Team members, coaches and parents/legal guardians) to Buffalo, New York between December 27, 2010 and December 30, 2010, which includes:

• round trip transportation (economy class) for the winning Entrant and up to 37 additional individuals to Buffalo, New York from the major Canadian airport or bus terminal (as applicable – see below) nearest the winning Entrant's residence;
• accommodation for the winning Entrant and up to 37 additional individuals (double occupancy) for three (3) consecutive nights;
• coach transportation (economy class) to and from: (i) the arrival airport/bus terminal (as applicable); (ii) arena; and (iii) meal venue(s);
• three (3) meals per day per person.
• tickets to select World Junior Hockey Championship games in Buffalo between December 27 and 29, 2010.

Approximate retail prize value is $60,000 based on a Calgary departure example, although the actual retail value may vary depending on the point of departure and the number of individuals travelling (the “Grand Prize”). Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsor’s option); (ii) all travel related to the Grand Prize must occur on the dates specified above (otherwise the Grand Prize will be forfeited) and the winning Entrant and his/her travel companions must travel on same itinerary and; (iii) the costs of everything not specifically stated above as included in the Grand Prize are the responsibility of the winning Entrant and his/her travel companions, including, without limitation, additional meals, gratuities, health insurance, travel insurance, passports, letters of consent for under age participants not travelling with both parents and other travel documents which may be necessary required for travel to the United States of America, transportation to and from the closest major Canadian airport or bus terminal and items of a personal nature; (iv) if the winning Entrant (and/or his/her travel companions) does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (v) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsor’s sole discretion, a cash award; (vi) all travel arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; (vii) by accepting the Grand Prize, the winning Entrant agrees to waive all recourse against the Sponsor, and those associated with the Sponsor, if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part; and (viii) each of the winning Entrant’s travel companions must sign and return the Sponsor’s release (by the date indicated on the release form) indicating that they waive all recourse against the Sponsor relating to their participation in the Grand Prize (including any travel related thereto), and in the case of a travel companion who is under the age of majority in his/her province/territory of residence, the release must be signed by that person's parent or legal guardian. It is the sole responsibility of the Winning Entrant to ensure all travel companions have appropriate documentation to travel to the United States of America, including passports and Letters of Intent for underage participants not traveling with both parents.

The Grand Prize will only be awarded to the Entrant whose name and e-mail address appears on the entry form. Without limitation, the Contest Parties assume no responsibility for selecting who is eligible to participate in the Grand Prize and/or for the failure of the winning Team to contact its hockey association (if required) for the purposes of informing said association that the Team will be travelling as part of the Grand Prize.

SECOND AND THIRD PRIZES:
There will be one (1) Second Prize available to be won by the entrant with the second most votes, as outlined below, consisting of a total of $5,000 in Source for Sports gift cards. There will be one (1) Third Prize available to be won by the entrant with the second most votes, as outlined below, consisting of a total of $2,500 in Source for Sports gift cards.

WILD CARD PRIZE:
There will be one (1) Wild Card Prize available to be won by random draw from among all eligible entries (excluding the Grand Prize, Second Prize and Third Prize selected Entries), as outlined below, consisting of a total of $2,500 in Source for Sports gift cards.

WINNER SELECTION PROCESS (public voting for Grand Prize and Second Prize):

Between October 25, 2010 12:00:01 Eastern Time (ET) and midnight ET on November 25, 2010 (the “Voting Period”), the public will vote from amongst all eligible Videos posted on the Website. Visitors to the Website can vote for the Video of their choice. Save and except for the following limitation, there is no limit to the number of times a visitor to the Website can vote during the Contest Period and a visitor can vote for his/her own Video, if applicable. However, no person may vote more than once per 4 hours and no more than one vote per 4-hour period will be accepted from the same computer for the same Video. If it is discovered that attempts were made by any person to vote more than once per 4 hours (whether or not from the same computer) for the same Video, then all votes associated with that person/computer will be void. Use of any automated, script, macro or robotic program to submit votes may result in the disqualification, in the sole discretion of the Sponsor or its designated representatives, of all votes made by such means for the Video to which such votes relate.

Immediately after the Voting End Date but in any event by no later than November 30, 2010, the top Video as ranked according to the total number of votes received will be deemed to be the Grand Prize selected Entrant, and will be eligible to win the Grand Prize, subject to compliance with these Rules. The Video with the second highest number of total votes received will be deemed to be the Second Prize Entrant and will be eligible to win the Second Prize and the Video with the third highest number of total votes received will be deemed to be the Third Prize Entrant and will be eligible to win the Third Prize subject to compliance with these Rules. In the event of a tie between two or more Videos with respect to the highest number of votes received, the Sponsor and/or its designated representative will judge all such entries that are tied on the basis of originality, creativity, uniqueness and appropriateness (all criteria weighed equally), as determined by the Sponsor and/or its designated representative, in their sole discretion, will be deemed to be the Prize selected Entrant (for the applicable prize). Odds of your Video being selected for the Grand Prize, Second Prize or Third Prize and Wild Card Prize depend on the number and calibre of Videos received and on the number of votes received.

Those Entries not selected as the potential Grand Prize, Second Prize or Third Prize winner will be eligible for the Wild Card Prize, which will be determined on the basis of a random draw made by the Sponsor or its promotional agency at or about 3:00 PM (ET) on December 1, 2010.

Prize winning selected Entrants (for all categories of prizes) will be contacted by phone or email within three (3) business days of selection. If you have not been contacted by this date, you may assume that you are not a Prize selected Entrant. BEFORE BEING DECLARED A PRIZE WINNER, the Prize selected Entrant must sign and return within five (5) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) agrees to indemnify the Contest Parties against any and all claims, damages, liabilities, costs, and expenses incurred in connection with: (a) the Contest and the Prize selected Entrant’s participation therein; (b) the Prize selected Entrant’s acceptance, use or misuse of the Prize or any portion thereof; and/or (c) use of the Prize selected Entrant’s Video, including without limitation, any claim that the Video infringes a proprietary interest of any third party; and (iii) requires the Prize selected Entrant to correctly answer a time-limited mathematical skill-testing question. If a selected entrant: (a) cannot be contacted by phone or email within three (3) business days of selection; (b) fails to correctly answer the skill-testing question; or (c) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit the Prize and his/her opportunity to be a winner and another eligible Entrant will be selected (in the case of the Grand Prize, Second Prize or Third Prize based on the next highest number of votes/judged score (if applicable) received and, in the case of the Wild Card Prize, by random draw).

GENERAL CONDITIONS:

Without limitation, the Contest Parties will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Contest Parties will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.

In the event of a dispute regarding who submitted an entry, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Prize selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid on line entry in this contest will be the Contest server machine(s).

The Sponsor reserves the right to withdraw or amend this Contest 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 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 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 or any kind.

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: www.timbr.com), unless the Entrant otherwise agrees.