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KELSEYS CONTEST RULES & REGULATIONS
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING RESIDENTS OF QUEBEC), WHO HAVE A VALID SCENE MEMBERSHIP CARD AND IS GOVERNED BY CANADIAN LAW.
By participating in the Kelseys Sweepstakes Contest (the “Contest”), each entrant (hereafter referred to as the “Entrant”) agrees to be legally bound by these Official Contest Rules (the “Rules”) and the decisions of the Sponsor (defined below) with respect to all aspects of this Contest, which are final and binding on all Entrants without right of appeal.
- CONTEST PERIOD: Contest begins on November 3, 2021 at 12:01 a.m. EST and ends on November 14, 2021 at 11:59:59 p.m. EST (the “Contest Period”).
- HOW TO ENTER: No purchase necessary. To enter, guests are required to opt-in to the contest through SCENE Web/app channels and present their SCENE membership card when paying their bill at a participating Kelseys restaurant during the Contest Period and will be automatically granted an entry into the Contest (“Entry”). An Entrant can submit multiple Entries based on the number of visits to a participating RECIPE location.
Each Entry automatically enters the Entrant into a random draw for a Prize (as defined below). To be eligible, your Entry must be received within the Contest Period in accordance with these Rules.
No Purchase Method: Send an email to email@example.com containing your full name, telephone number, SCENE card number and a unique and original essay of a minimum 500 words (the “Essay”) on why you should win a $250 UDC Gift Card and 25,000 SCENE points. There is a limit of three (3) no purchase entries per person per unique and original Essay during the Contest Period, as determined by the Sponsor in its sole and absolute discretion.
All entries are collectively referred to as “Entries”. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed and submitted during the Contest Period. Use (or attempted use) of 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 Entries (all of which are void).
All Entries are subject to verification at any time for any reason. 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).
You must be a SCENE member to enter. Membership is absolutely free and no purchase is required in order to become a Member. To enroll, you must be a legal resident of Canada, with a valid Canadian address, a valid email address and be 14 years of age or older. To become a Member, simply complete a SCENE Program online enrollment membership form available at www.scene.ca accurately and completely.
- THE PRIZES AND THEIR APPROXIMATE RETAIL VALUE: There will be three (3) prizes available to be won ( a “Prize”), consisting of a $250 Ultimate Dining Gift Card (ARV $250 CDN) and 25,000 SCENE points (ARV $250 CDN). The Prizes will be awarded to the SCENE card numbers selected on the Draw Date (as defined below), and must be accepted as awarded and are not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. The Sponsor reserves the right to substitute a Prize with one of equal or greater value, including without limitation, but at the Sponsor’s sole discretion, a cash award. A Prize will only be awarded to the person whose verifiable SCENE card number appears on the selected Entry. There is a limit of one (1) Prize per Entrant. The Prize is subject to all terms and conditions stipulated by the card issuer.
- WINNER SELECTION, NOTIFICATION AND CONFIRMATION PROCESS: The odds of winning depend on the number of eligible Entries received during the Contest Period. During the Contest Period, there will be three consecutive random draws on December 1, 2021 (the “Draw Date”), from among all eligible Entries received during the Contest Period (see Rule 2 above), to select Entrants eligible to win a Prize.
Following the Draw Date, SCENE or its designated representative will make a minimum of two (2) attempts to contact each selected Entrant (using the information provided by email) within five (5) business days of the Draw Date. If the selected Entrant cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected Entrant).
BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the selected Entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; (b) confirm compliance with these Rules; (c) acknowledge acceptance of the Prize as awarded; (d) release the Contest Parties and SCENE GP, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, 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 (e) agree 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 the selected Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to respond within the specified time; and/or (c) cannot accept the Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected Entrant).
- INTELLECTUAL PROPERTY: All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
- DISCREPANCY: 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 Entry, website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.
- The Releasees will not be liable for: (i) any failure of a 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 Entry to be received 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 or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
- The Releasees assume no responsibility for lost, delayed, incomplete or misdirected Entries. No correspondence will be entered into except with the selected Entrant who will be notified by email and informed of all necessary arrangements. 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 Entries and/or Entrants.
- In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the SCENE membership number submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned the selected SCENE membership number by SCENE GP. 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 SCENE membership number associated with the Entry in question and that he/she has all necessary consents, permissions and/or licenses as required by these Rules.
- 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.
- Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole discretion, to disqualify any Entrant’s Entry in the Contest or entitlement to the Prize, if the Sponsor, in its sole discretion, determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, use of multiple mice or other fraudulent, deceptive or unfair playing practices (including, without limitation, any Entries generated by script, macro, robotic, programmed, or any other automated means). Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will automatically be disqualified.
- 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 or Entry 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.
- Should an Entrant wish to not be entered into the Contest following completion of the Entry, they should send an email to firstname.lastname@example.org to request that their Entry be rendered null and void.
GENERIC SCENE SOCIAL MEDIA CONTEST RULES
CONTEST ENTRIES ARE VALID ONLY IN CANADA. TO BE ELIGIBLE TO ENTER THESE CONTESTS ENTRANT MUST MEET THE REQUIREMENTS SET OUT BELOW. CONTESTS WILL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. SUBMISSION OF AN ENTRY CONSTITUTES ACCEPTANCE OF ALL OF THE CONTEST RULES.
These Generic SCENE Social Media Contest Rules (the “Rules”) apply to social media contests sponsored and administered by SCENE LP (“SCENE” or “Sponsor”) where you can enter or participate via Facebook, Twitter and/or Instagram (each a “Social Media site”), except where there are specific rules for a particular contest. Unless otherwise stated herein, Contest details including, but not limited to, contest end date and time, how to enter, eligibility and prize description (the “Contest Details”) will be posted on the applicable Social Media site(s).
How to Enter:
Specific details on how to enter each contest will be posted on the applicable Social Media sites. Entries may require inclusion of hashtag #AreYouIn, as well as any other hashtag indicated in the Contest Details. Unless otherwise stated, participants may only enter the Contest once. In the event the Sponsor discovers attempts by an entrant to enter more than the maximum permitted each entry will be discarded and the entrant will be disqualified at the sole discretion of Sponsor. The odds of winning will depend on the total number of eligible entries received during each day of the Contest Period.
If the Contest requires entrants to submit a photo or video, the following rules apply:
The theme of the photo or video will be included in the Contest Details. Before entering the Contest, ensure the “Photos are Private” option is set to “OFF”. You must upload your photo or video by following the Social Media site’s instructions and make sure the photo or video includes the hashtag(s) set out in Contest Details. In order for your photo or video to be eligible, it must NOT:
- Infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, rights of publicity or privacy, moral rights, or any other intellectual property rights;
- Contain material that is inappropriate, indecent, contain profanity, nudity, sexual content; hateful content of any kind; content that promotes violence or harm to another living creature; or any other offensive content (as determined by Sponsor in its sole discretion) or content that could adversely affect the name, reputation, or goodwill of the Sponsor;
- Entries must not contain material that promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing) or promotes any activities that may appear unsafe or dangerous.
- Contain the image of anyone under the age of majority in his/her province of residence.
- Contain the image any other person without their permission. Sponsor reserves the right to require entrants to provide proof of written permission of others featured in the photo or video. Failure to provide written proof as requested by Sponsor will result in the disqualification of the entrant.
By submitting a photo or video and/or winning a prize, you:
- represent and warrant that your photo or video is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by you to the full extent necessary to enable the Sponsor to use the photo or video as contemplated by these Rules;
- grant the Sponsor with an unlimited, royalty free, irrevocable, right and license to reproduce, edit, post and/or use the photo or video for any purpose and in any form of media now known or hereinafter developed, without payment or compensation of any kind;
- waive the right to review and approval the use of such photo or video by SCENE.
The description of the prize(s), the number of prizes available and the approximately retail value of each prize will be set out in the Contest Details.
The prizes do not include anything not explicitly set forth in the prize description. All prizes must be accepted as awarded without substitution and are not transferable or redeemable for cash or allowed to be sold. The Sponsor reserves the right to substitute any prize for one of equal or greater value in the event that all or any of the components of the prize is unavailable. In the event that a winner is unable to redeem the prize, in whole or in part, due to reasons beyond the control of the Sponsor, its employees, representatives, agents and all parties associated with this Contest, no compensation or substitution prize will be provided.
Sponsor will select the potential winner(s) in a random drawing in Toronto within fifteen business days following the end of Contest Period. The Sponsor will notify potential winner(s) by direct message via the Social Media site used to enter the contest within one (1) business day from the day in which they were selected. If potential winner(s) cannot be reached within five business days from the date of the initial direct message, that potential winner will be disqualified and not eligible to win the prize. Prize winner(s) will be required to correctly answer a mathematical skill testing question and may be required to sign a declaration confirming understanding of, compliance with, and acceptance of the Contest rules and acceptance of the prize as awarded and a standard release of all liability satisfactory to the Sponsor before being declared a prize winner. Prizes will be awarded within ten (10) business days of from the date in which the potential winner has fulfilled all obligations required to be declared a winner. Unclaimed prizes will not be awarded.
Unless otherwise stated in the Contest Details, the Contest is open to legal residents of Canada (excluding Quebec, Yukon, North West Territories and Nunavut) who are SCENE members and are at least 14 years or older as of their initial date of entry. Contest is not open to employees and those domiciled with employees of the Sponsor or any of its parents, subsidiary or affiliated companies, licensees, advertising and promotional agencies ("Related Parties"). Sponsor reserves the right to verify the age of potential Prize winners and that such persons are not employees (or domiciled with employees) of any Related Parties. Void where prohibited.
By entering the Contest, entrants accept and agree to be bound by these Rules and the decisions of the Sponsor, which are final, binding and conclusive on all matters relating to the Contest. The Sponsor reserves the right to disqualify any entrants who fail to follow the Rules or who make any misrepresentation relating to the Contest, drawing and redemption of any prize. The Contest is subject to all applicable federal, provincial and municipal legislation. Entry constitutes permission to use the winner’s name, photograph and/or voice recording for publicity purposes without additional compensation or permission, except where prohibited by law.
The Sponsor shall not be responsible for any failure of the website or any wireless network failure during the Contest or for any problems or technical malfunction of a telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail, on-line, or Internet entry to be received by the Sponsor. In addition, the Sponsor shall not be responsible due to technical problems, traffic congestion on the Internet or at any website or wireless network, or any combination thereof including any injury or damage to an entrant's or any other person's computer, mobile phone or property related to or resulting from playing or downloading any material in the promotion. The Sponsor reserves the right, at its sole discretion to cancel, suspend or modify the Contest for any reason should any cause beyond the reasonable control of Sponsor corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this promotion 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, including criminal prosecution. Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.
In the event of a dispute, entries will be deemed to have been submitted by the authorized owner of the account for the Social Media site used to enter the Contest (the “Social Media account”). For the purpose of the Rules, the authorized owner of the Social Media account used to enter the Contest is defined as the natural person who is assigned to the account by the applicable Social Media site. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized Social Media account holder associated with the winning entry.
The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or Twitter. You understand that you are providing your information to the Sponsor and not to Facebook and/or Twitter. At SCENE, we are committed to respecting your desire for privacy. Any personal information that we gather will be handled in strict accordance with our privacy policies and all applicable privacy legislation. SCENE will not sell your personal information collected for the Contest to any third parties. Any personal information collected for the Contest shall be used by SCENE as is disclosed herein.
Neither Sponsor, Facebook, Twitter and/or Instagram shall be responsible in any way for the use of, or bear any liability whatsoever in any way attributable to, the prize(s) awarded in the Contest or the events forming part of the Contest. By participating or accepting a prize, all entrants release and hold harmless the Sponsor, Facebook, Twitter and/or Instagram and their respective subsidiaries, affiliates, officers, directors, employees, representatives and agencies from any and all liability or any injuries, loss or damage of any kind arising from or relating to participation in the Contest or acceptance, use, misuse or nonuse of the prize or parts thereof, and from liability to any other persons relating to or resulting from entering the Contest.