Rules and Regulations

Rules and Regulations Official Contest Rules (Revised November 20, 2011) TIM-BR MART 2011 World Junior Hockey Video Challenge ("Contest")

The information you provide will only be used for the administration of this Contest and in accordance with the Sponsor's privacy policy (see below).

1. 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, whether related or not) of TIM-BR MARTS Ltd. (the "Sponsor"), its advertising and promotion agencies (including, without limitation, Sims Advertising and Revolve)(collectively, the "Contest Parties"). For greater certainty, the Entrant is submitting the Entry (defined below) on behalf of the Team (and all members thereof). By participating in this Contest, each Entrant agrees (on his/her own behalf and on behalf of the Team and all members thereof) to be legally bound by these Official Contest Rules and Regulations (the "Rules").

2 CONTEST PERIOD:

Contest begins on Monday, August 1, 2011 at 12:00:01 AM Eastern Standard Time (“EST”) and ends at 11:59:59 PM Eastern Standard Time (EST) on Sunday, December 4, 2011 (the "Contest Period"). All entries must be submitted, however, by no later than 11:59:59 PM (EST) on Sunday, November 27, 2011.

3. HOW TO ENTER:

No purchase necessary. To enter, the Entrant must go to www.timbrtube.ca (the "Website") by no later than 11:59:59 PM (EST) on Sunday, November 27, 2011 and follow the on-screen instructions to create an online account (the "Account"). To create an Account, the Entrant will be required to enter his/her: valid email address; first name; last name; complete mailing address (including postal code); and password. Prior to the Account being activated, a validation email will be sent to the Entrant. To validate the Account, the Entrant must click on the link in the email. If the Account is not validated in accordance with this procedure, then the Account will not be activated. Once the Account is activated, the Entrant must log-in to the Account (using the username and password created at the time of creating the Account) and follow the on-screen instructions by clicking "Upload Your Video" to upload a video (the "Video") on behalf of the Team. Prior to up uploading the Video, the Entrant will be required to complete an upload form (the "Form"), which requires the Entrant to submit the name of the Team, as well as a title (the "Title") and description (the "Description") of the Video.

There is a limit of one (1) Account per person/email address permitted and an individual can only use one (1) email address to register for an Account. If it is discovered that any individual has attempted to: (i) obtain more than one (1) Account; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to register for an Account; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from participating in the Contest and his/her Entry and/or all of his/her Votes (defined below) may be disqualified. Use (or attempted use) of multiple names, identities, email addresses and/or any automated system to register for an Account or otherwise participate in this Contest is prohibited and is grounds for disqualification.

To be eligible, the Video must be in accordance with the specific Entry Requirements listed below and must depict, describe and/or discuss the Team and its team spirit and/or national pride (the "Theme"). When all required fields of the Form are completed (including uploading the Video and writing the Title/Description in the space provided), the Entrant must click the "Submit" button to complete the entry (Form, Video, Title and Description collectively referred to as "Entry/Entries"). Once the Entry has been uploaded to the Website, it is considered final and cannot be edited, modified or re-uploaded by the Entrant, except as may be specifically required by the Sponsor or its designated representative as provided in these Rules.

4. ENTRY LIMIT

There is a limit of one (1) Entry per Entrant/Team permitted during the Contest Period. If it is discovered that any person or entity has attempted to: (i) obtain more than one (1) Entry per Team; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she and/or the Team may be disqualified from the Contest.

Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor and/or Reviewer, defined below): (a) the Account is not properly activated in accordance with these Rules; (b) the Form is not fully completed with all required information and submitted between 12:00:01 AM (EST) on Monday, August 1, 2011 and 11:59:59 PM (EST) on Sunday, November 27, 2011; and/or (c) the Entry (or any portion thereof) does not conform to the specific Entry Requirements listed below. Use (or attempted use) of multiple names, identities, email addresses and/or any automated or other system to enter or otherwise participate in 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 Entries.

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 Entry in this Contest will be the Contest server machine(s).

5. ENTRY REQUIREMENTS:

BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES, ON HIS/HER OWN BEHALF AND ON BEHALF OF THE TEAM AND ALL MEMBERS THEREOF, AGREES THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE CONTEST RULES AND THE YOUTUBE TERMS OF SERVICE. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF AN ENTRY (OR, AN INDIVIDUAL COMPONENT THEREOF) AND THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY THE ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT ANY ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE CONTEST RULES AND/OR THE YOUTUBE TERMS OF SERVICE.

Your submitted Entry (or a component thereof) must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, your Entry (and each individual component thereof) must be in ENGLISH ONLY and must meet the following specific requirements:

Type

Maximum Length/Size/Number

Acceptable Formats

Content
Video Length: maximum 15minutes YouTube accepts a wide range of video file formats. Please click herefor the video files that are generally accepted by YouTube.Note: some video formats work best and are most compatible with certain computers, software or devices. If you do not think that your current video file format is recognized by YouTube, you may get the best uploading results from converting your file to MPEG4 video with MP3 audio. Content:must depict, describe and/or discuss the ThemeMusic: No music is required, however if music is used it must be the TIM-BR MART Anthem available for download at www.timbrtube.ca Videos containing music other than such TIM-BR MART Anthem (music or lyrics) will be subject to disqualification (or required modification) as provided in these Rules Style: may use any narrative and technical style, including documentary, fiction, live action or animation.
Title Length: maximum 100 characters To be written in the space provided
Description Length: maximum 5000 characters To be written in the space provided

By participating in the Contest, each Entrant agrees (on his/her own behalf and on behalf of the Team and all members thereof) to be legally bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that the Entry (and, each component thereof):

  1. is original to him/her and that the entrant has all necessary rights in and to the Entry (and, each individual component thereof - including, without limitation, consent of the videographer) to enter the Contest (e.g. the Entrant must have permission from the respective copyright owner(s) to use any and all pictures and/or photographs. Note: Music used in the Video is limited to the TIM-BR MART Anthem);
  2. does not violate any law;
  3. does not contain any reference to or likeness of 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 (note: if you cannot obtain the consent of an individual appearing in a Video, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
  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, depict, 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 (unless the appropriate consents have been obtained); 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.

Failure of the Entrant to comply with any of the requirements outlined in these Rules may result in the disqualification of the Entrant and/or Team from the Contest at the Sponsor's sole and absolute discretion.

The Sponsor and/or its promotional agency or designated content moderator (the "Reviewer") will initially screen every Entry within 48 hours of that Entry being submitted in accordance with these Rules. Any Entry that the Sponsor and/or the Reviewer deems, in its/their sole discretion, to violate the terms and conditions set forth in these Rules may, at any time in the sole and absolute discretion of Sponsor, be disqualified. At any time (including, without limitation, prior to being accepted as an eligible Entry), the Sponsor and/or the Reviewer reserves the right, in its/their sole discretion, to edit or modify any Entry (or a component thereof), and/or to request an Entrant to modify or edit his or her Entry (or a component thereof), in order to ensure that the Entry (or a component thereof) complies with these Rules, or for any other reason.

By entering the Contest and submitting an Entry, each Entrant, on his/her own behalf and on behalf of the Team and all members thereof: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry (or any individual component thereof), 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 Entry (and, each individual component thereof) 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. For greater certainty, the Reviewer and/or the Sponsor reserves the right, in its/their sole and absolute discretion, at any time and for any reason (without notice and without incurring any obligation or liability) to modify, edit or remove any Entry (or, a component thereof), or to request an entrant to modify or edit his or her Entry (or, a component thereof), if a complaint is received with respect to the Entry (or, a component thereof), or for any other reason. If such an action is necessary at any point during the Contest, then the Sponsor reserves the right, in its sole and absolute discretion, to reset the Vote (defined below) count associated with the Entry to zero (or to whatever number the Sponsor deems appropriate in its sole and absolute discretion).

6. PRIZES:

There are a total of four (4) prizes (each, a "Prize" and collectively, the "Prizes") 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:

7. 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 Edmonton, Alberta between December 27, 2011 and December 29, 2011, which includes:

  • round trip transportation (economy class) for the winning Entrant and up to 37 additional individuals to Edmonton, Alberta 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 at a hotel selected by Sponsor in its sole and absolute discretion;
  • 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; and
  • tickets to select World Junior Hockey Championship games in Edmonton between December 27 and 29, 2011.

Approximate retail prize value is $60,000 based on a Toronto departure example, although the actual retail value may vary depending on the point of departure and the number of individuals travelling (the "Grand Prize"). No difference between the actual and approximate retail values will be awarded. Choice of flights, airlines/buses, hotel accommodations/room size/occupancy and ticket levels are at the sole and absolute discretion of the Sponsor. The Grand Prize will only be awarded to the Entrant whose verifiable full name and valid e-mail address is associated with the Account corresponding to the selected Entry. The Releasees are not responsible for, and accept no liability in relation to, any portion of the Grand Prize that may be cancelled, rescheduled, delayed, postponed or otherwise affected for any reason.

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, assignable or convertible to cash (except at Sponsor's sole and absolute discretion); (ii) all travel related to the Grand Prize must occur on the dates specified above (otherwise the Grand Prize will be forfeited in its entirety); (iii) the winning Entrant and his/her travel companions must travel on same itinerary; (iv) 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, letters of consent for under age participants not travelling with both parents and other travel documents which may be necessary required for travel, transportation to and from the closest major Canadian airport or bus terminal and items of a personal nature (NOTE: the winning Entrant may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses); (v) 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; (vi) 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; (vii) all travel arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; (viii) by accepting the Grand Prize, the winning Entrant agrees (on his/her own behalf and on behalf of the Team and all members thereof) to waive all recourse against the Releasees, and those associated with the Contest and/or fulfillment of the Grand Prize, if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part; and (ix) 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 Releasees 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 (NOTE: It is the sole responsibility of the winning Entrant to ensure that all travel companions have appropriate documentation to travel in relation to the Grand Prize, including, without limitation, Letters of Intent for underage participants not traveling with both parents).

The Releasees assume no responsibility for, and accept no liability in relation to, 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.

8. SECOND AND THIRD PRIZES:

There will be one (1) Second Prize available to be won, consisting of a total of $5,000 in Source For Sports® gift cards (the "Second Prize"). There will be one (1) Third Prize available to be won, consisting of a total of $2,500 in Source For Sports® gift cards (the "Third Prize"). For each Prize, the number and denominations of gift cards awarded will be determined by Sponsor in its sole and absolute discretion. The gift cards are redeemable at Source For Sports® locations in Canada and are subject to all terms and conditions stipulated by the issuer. Prizes must be accepted as awarded and are 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 any Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor's sole and absolute discretion, a cash award. Prizes will only be awarded to the Entrant whose verifiable full name and valid e-mail address is associated with the Account corresponding to the selected Entry.

9. 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 (the "Wild Card Prize"). For the Wild Card Prize, the number and denominations of gift cards awarded will be determined by Sponsor in its sole and absolute discretion. The gift cards are redeemable at Source For Sports® locations in Canada and are subject to all terms and conditions stipulated by the issuer. The Wild Card 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 the Wild Card Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor's sole and absolute discretion, a cash award. Wild Card Prize will only be awarded to the Entrant whose verifiable full name and valid e-mail address is associated with the Account corresponding to the selected Entry.

10. PRIZE LIMITS

There is a limit of one (1) Prize per Team.

11. GRAND PRIZE WINNER SELECTION PROCESS (public voting for Grand Prize, Second Prize and Third Prize)

Between 12:00:01 AM (EST) on Monday, November 21, 2011 and 11:59:59 PM (EST) on Sunday, December 4, 2011 (the "Voting Period"), the public will have the opportunity to vote on all eligible Entries. By participating in this Contest and voting, each Voter (and his/her parent/legal guardian if the voter is under the age of majority in his/her jurisdiction of residence) agrees to be legally bound by these Rules.

The voter must submit his/her vote(s) (the "Vote(s)") during the Voting Period via one or more of the following two (2) voting methods:

Method 1:

Visit the Website, and follow the on-screen instructions to create a voter account (“Voter Account”) in accordance with these Rules. To create a Voter Account, the Voter will be required to enter his/her: name, valid email address and password. Once a Voter Account has been created, a Voter can Vote one (1) time per hour between 12:00:01am EST November 21 and 11:59:59pm EST December 4, 2011.

There is a limit of one (1) Voter Account per person/email address permitted and an individual can only use one (1) email address to register for a Voter Account. If it is discovered that any individual has attempted to: (i) obtain more than one (1) Voter Account; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) email address to register for a Voter Account; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from participating in the Contest and his/her Votes may be disqualified. Use (or attempted use) of multiple names, identities, email addresses and/or any automated system to register for a Voter Account or otherwise participate in this Contest is prohibited and is grounds for disqualification.

Method 2:

You must have access to a cellular telephone that is capable of two-way text messaging. Text messaging is not available in all areas. Standard text messaging fees apply (check your carrier plan for your standard text messaging fees). To vote, text the Team ID (as shown on team video preview page) you wish to vote for to shortcode 33255. Please ensure the Team ID is spelled correctly, otherwise the Vote will NOT be counted.

VOTING LIMIT: You cannot Vote more than one (1) time per Voter Account/email address/computer per hour during the Voting Period. You cannot Vote more than five (5) times per cellular phone per 24 hour period during the Voting Period.

If it is discovered that attempts were made to: (i) vote in excess of the voting limit noted above; (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, script, macro or robotic program(s) to submit Votes; (iii) engage in proxy voting and/or any other systematic voting from the same voter/voter Account/email address/computer/cellular phone; and/or otherwise submit or attempt to submit votes in a manner which, in the opinion of the Sponsor, in its sole and absolute discretion, violates the letter or spirit of these Rules, then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the Votes, Entry and/or Entrant to which such Votes relate. Any Votes determined by Sponsor to be in violation of these Rules are subject to disqualification in the sole and absolute discretion of the Sponsor.

All Votes and voter Accounts are subject to verification. 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) from any voter (or any individual purporting to be a voter) to participate (i.e. Vote) in this Contest or for any Votes entered, or purportedly entered, by such voter to be considered valid for the purposes of this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the applicable Votes that cannot be verified to the satisfaction of the Sponsor, in its sole and absolute discretion. The sole determinant of the time for the purposes of a valid Vote in this Contest will be the Contest server machine(s).

IMPORTANT NOTE: Individuals may encourage other individuals to vote for an Entry; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual's vote for any Entry. Any individual determined by the Sponsor and/or its representative, in its/their sole and absolute discretion, to be engaging in such behaviour in violation of the letter and/or spirit of the Rules will be disqualified, and the corresponding Votes, voter, Entry and/or Entrant is subject to disqualification in the sole and absolute discretion of the Sponsor.

Immediately after the Voting Period, the Entrant associated with the top Entry as ranked according to the total number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received during the Voting Period will be deemed to be the eligible Grand Prize Winner. The Entrant associated with the second place Entry as ranked according to the total number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received during the Voting Period will be deemed to be the eligible Second Prize Winner. The Entrant associated with the third place Entry as ranked according to the total number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received during the Voting Period will be deemed to be the eligible Third Prize Winner. In the event of a tie between two or more Entries (based on the highest number of eligible Votes received during the Voting Period), 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) and the Entrant associated with the top Entry as ranked according to judged score, as determined by the Sponsor and/or its designated representative, in its/their sole and absolute discretion, will be deemed to be the Prize selected Entrant (for the applicable Prize). Odds of being selected as an eligible Prize winner depend on the number and calibre of eligible Entries received during the Contest Period and on the number of eligible Votes (as determined by Sponsor in its sole and absolute discretion) received during the Voting Period.

12. WILD CARD PRIZE WINNER SELECTION PROCESS (random draw)

On December 8, 2011 (the "Draw Date") in Halifax, Nova Scotia at approximately 12:00p.m. ET, one (1) eligible Entrant will be selected as the potential Wild Card Prize winner by random draw from among all eligible Entries received during the Contest Period (excluding the Grand Prize, Second Prize or Third Prize selected Entrants). The odds of winning depend on the number of eligible Entries received during the Contest Period excluding the Grand Prize, Second Prize or Third Prize selected Entrants).

13. PRIZE WINNER NOTIFICATION AND CONFIRMATION PROCESS (for ALL prizes)

Prize winning selected Entrants (for all categories of Prizes) will be contacted by phone or email within five (5) 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 CONFIRMED PRIZE WINNER, the Prize selected Entrant (on his/her own behalf and on behalf of the Team and all members thereof) must sign and return within five (5) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) requires the Entrant to correctly answer a mathematical skill-testing question without mechanical or other aid; and (ii) agrees to indemnify the Releasees 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 Entry, including without limitation, any claim that the Video infringes a proprietary interest of any third party. If a Prize selected Entrant: (a) cannot be contacted by phone or email within five (5) business days of selection; (b) fails to correctly answer the skill-testing question; (c) fails to return the properly executed Contest documents within the specified time; and/or (d) cannot accept the applicable Prize for any reason; then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible Entrant from among the remaining eligible Entries in accordance with these Rules for the applicable Prize (in which case the foregoing provisions of this section shall apply to such new selected Entrant).

14. GENERAL CONDITIONS:

The Releasees will not be liable for: (i) any failure of the Website or Application 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 Entry, Vote or Account registration 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; (iv) any injury or damage to an entrant's or any other person's computer, cellular phone or other device related to or resulting from participating or downloading any material in the Contest; and/or (v) any combination of the above.

The Sponsor reserves the right, in its sole and absolute discretion, 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, in its sole and absolute discretion, 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.

The Sponsor reserves the right, in its sole and absolute discretion, 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, voter, Entry or Vote with these Rules, or as a result of technical 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.

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: the Website, Application, Form and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.

In the event of a dispute regarding who submitted an Entry, Account and/or Website Vote, Entries, Accounts and Website Votes (as applicable)will be deemed to have been submitted by the authorized Account holder of the email address submitted at the time of Account registration. "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. In the case of Votes submitted by cellular phone, the Vote will be deemed to have been submitted by the authorized holder of the cellular phone service provider account associated with use of that cellular phone. An Entrant or Voter may be required to provide proof that he/she is the authorized account holder of the email address (or cellular phone service account, as applicable) associated with the selected Entry and/or a Vote, and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Rules.

By entering this Contest, each Entrant and voter expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry and/or Vote (as applicable) only for the purpose of administering the Contest and in accordance with Sponsor's privacy policy (available at: www.timbr.com), unless the Entrant or voter otherwise agrees.

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