Official Rules
BE MY SWEETIE PIE CONTEST
OFFICAL RULES AND REGULATIONS (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL AND MUNICIPAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW. PARTICIPATION IN THIS CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE OFFICIAL RULES.
(1) CONTEST PERIOD: The Be My Sweetie Pie Contest (the “Contest”) will be live during five contest periods (each a “Contest Period”):
1. Beginning at 9:00 a.m. ET on December 9, 2022 and ending at 12:00 p.m. ET on December 15, 2022,
2. Beginning at 9:00 a.m. ET on December 16, 2022 and ending at 12:00 p.m. ET on January 6, 2023,
3. Beginning at 9:00 a.m. ET on January 7, 2023 and ending at 12:00 p.m. ET on January 30, 2023,
4. Beginning at 9:00 a.m. ET on January 31, 2023 and ending at 12:00 p.m. ET on March 6, 2023, and
5. Beginning at 9:00 a.m. ET on March 7, 2023 and ending at 12:00 p.m. ET on April 11, 2023
(2) ELIGIBILITY:
The Contest is only open to legal residents of the Province of Ontario who are thirteen (13) years of age or older and living within the province of Ontario (the “Territory”) at the time of entry (each an “Entrant”. Employees and the immediate family members (including those with whom they are domiciled) of Maple Leaf Sports & Entertainment Partnership (“MLSE”), 2566702 Ontario Inc. (“Sweetie Pie”) (and together with MLSE, the “Contest Sponsor”), the Toronto Marlies, the American Hockey League, NHL Enterprises LP, and each of their respective subsidiaries, affiliates, directors, officers, governors, agents, and their advertising and promotional agencies (altogether the “Released Parties”) are not eligible to enter the Contest. Determinations of eligibility shall be made in the sole discretion of the Contest Sponsor.
(3) HOW TO ENTER: NO PURCHASE NECESSARY.
During the Contest Period, each Entrant must complete the following steps in order to obtain one (1) entry into the Contest draw (each an “Entry”):
- Open the Toronto Marlies website (the “Website”), and click on the Contest tile under promotions header; and
- Complete all necessary fields to receive one (1) Entry into the Contest.
Each Entrant, is limited to one (1) entry per Contest Period. An Entry will be declared invalid if they are incomplete, damaged, irregular, or mechanically or electronically reproduced. If it is discovered by the Contest Sponsor (using any evidence or other information made available to, or otherwise discovered by, the Contest Sponsor) that any person has attempted to use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter the Contest more than once or to otherwise participate in or disrupt this Contest, they may be disqualified from the Contest, and any future contests of the Contest Sponsor, in the sole discretion of the Contest Sponsor.
The Contest Sponsor reserves the right, in its sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an Entrant’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry entered (or purportedly entered)
for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole discretion, for the purposes of administering this Contest in accordance with these Official Rules. Failure to provide such proof to the satisfaction of the Contest Sponsor in a timely manner may result in disqualification of the Entrant, in the sole discretion of the Contest Sponsor.
(4) PRIZES:
There are five (5) prizes (the “Prize”) available to be won during each Contest Period for Marlies entrants resulting in five (5) prizes overall. The Prize consists of:
- (i) one (1) Marlies x Sweetie Pie co-branded assorted prize pack (all food items may contain traces of nuts, dairy and/or gluten);
- (ii) four (4) Marlies tickets (section 100 EE 1-2 and 100 FF 1-2) as determined at the sole discretion of the Contest Sponsor.
The approximate retail value of each prize is $500.
Commented [EK1]: Need to calculate
The winner of a Prize is not entitled to any difference between the actual value of the Prize and the approximate retail value stated herein. Each winner of a Prize must be accepted as awarded without substitution and is not transferrable, refundable, for resale or convertible to cash. The Contest Sponsor reserves the right, in the event that a Prize, or any component of a Prize, cannot be awarded as described for any reason, to substitute the same for another prize or component of equal or greater value, without notice or liability. In the event that a substitute prize is awarded, such prize must be accepted as awarded and cannot be exchanged for cash or otherwise. The odds of winning a prize depend on the number of entries received in a Contest Period.
If the Winner is under the age of eighteen (18), the Prize will be released to the Winner’s parent or legal guardian, and the Winner of the Toronto Maple Leafs Game Prize must attend the game with their parent or legal guardian. All incidental costs and expenses associated with a Prize that are not specifically referred to herein, including (without limitation) transportation to and from the game, meals, beverages, gratuities, souvenirs, incidental and personal expenses, and items of a personal nature are not included and are the sole responsibility of each Prize Winner.
Each Prize Winner and their guest acknowledge and accept all risk of damages, injury or other loss incidental to any game for which tickets are issued, whether occurring before, during or after the game, and hereby voluntarily agree to assume the same. The Contest Sponsor reserves the right to refuse admission and/or to expel from a game and/or any other aspect of the Prize, any person whose conduct is deemed by them to be objectionable. Expulsion from the game cancels the tickets for the offending individual(s) and the individual(s) thereupon forfeit(s) all claims with respect to the tickets. Participation in the Prize is subject to compliance with all applicable laws, by-laws, regulations and any applicable facility or carrier rules; failure to comply may result in non-admission or expulsion from further participation in the Prize.
(5) WINNER SELECTION:
One (1) Entrant will be randomly selected from all eligible Marlies Entries received during each Contest Period (the “Selected Entrant”). The draws will take place at 50 Bay Street, Suite 500, Toronto, Ontario, or such other location in Ontario as determined by the Contest Sponsors. There is a limit of one (1) Prize per Selected Entrant.
- Contest Period #1: Selection at approximately 1:00 p.m. on December 15, 2022
- Contest Period #2: Selection at approximately 1:00 p.m. on January 6, 2023
- Contest Period #3: Selection at approximately 1:00 p.m. on January 30, 2023
- Contest Period #4: Selection at approximately 1:00 p.m. on March 6, 2023
- Contest Period #5: Selection at approximately 1:00 p.m. on April 11, 2023
Each Selected Entrant for a Prize will be notified of their selection by the contact information provided in the email. If a Selected Entrant cannot be contacted or fails to respond within forty-eight (48) hours
of the first attempt of contact by the Contest Sponsors, they will be considered to have forfeited their Prize and will be disqualified and another Entrant may be selected from the remaining eligible Entries until such time as contact is made with a Selected Entrant or there are no more eligible Entries, whichever comes first (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsors will not be responsible for failed attempts to contact any Selected Entrant. Upon prize forfeiture, no compensation will be given.
(6) CLAIMING YOUR PRIZE
To be declared a winner (“Winner”), the Selected Entrant will be required to sign a Declaration, Release and Waiver Form (the “Release Form”); answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered via Declaration, Release and Waiver Form; confirm compliance with the Official Rules; accept the Prize as awarded, without substitution; and release the Released Parties from any liability in connection with the Prize or the Contest.
If a Selected Entrant does not meet all of the Contest requirements, fails to correctly answer the mathematical skill-testing question or does not sign and return the Release Form to the Contest Sponsors within the time-frame specified, that Selected Entrant will forfeit their Prize and the Contest Sponsors shall be entitled (but not obligated) to select another Entrant from the remaining eligible Entries until such time as contact is made with an Entrant or there are no more eligible Entries, whichever comes first. This process may continue until each Prize has been awarded or there is insufficient time to permit the awarding of any Prize (in which case the above-noted process will apply to such alternate Entrant). The Contest Sponsors are not responsible, whether as a result of human error or otherwise, for any failure to contact any Selected Entrant. The Contest Sponsors will contact each Winner following receipt of their signed Release Form to arrange for delivery of the respective Prize.
(7) PRIZE DISTRIBUTION
Once confirmed as a winner, the Prize will be transferred into an account (tickets) and at the Marlies game (prize pack). The Contest Sponsors, the Released Parties, and all affiliated companies make no representations or warranties of any kind concerning the Prizes. Unclaimed Prizes will not be awarded. Failure to redeem a Prize will result in forfeiture of the Prize and unused portions of the Prize have no cash value. Prize winners are responsible for any applicable taxes related to any prize received. Winners bear all risk of loss or damages to Prizes after delivery.
(8) GENERAL RULES
In the event of a conflict between the Official Rules and any instructions or interpretations of these Official Rules given by an employee of the Contest Sponsor regarding the Contest, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control.
(9) INDEMNIFICATION
By submitting an Entry into this Contest, each Entrant confirms his or her understanding of and compliance with these Official Rules. Each Entrant, and their representatives, heirs, next of kin or assignees (“Entrant’s Representatives”), hereby releases and holds the Released Parties harmless from any and all liability for any injuries, loss or damage of any kind to the Entrant, Entrant’s Representatives or any other person, including personal injury, death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Official Rules, or in any Prize-related activity. The Entrant and Entrant’s Representatives agree to fully indemnify the Released Parties from any and all claims by third parties relating to the Contest, without limitation.
(10) LIMITATION OF LIABILITY
None of the Released Parties assumes any liability for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or for any technical or human error which may occur in the processing of Entries, the selection of the Winner or for any printing or other errors in any Contest materials. The Released Parties assume no responsibility for any error, omission, tampering, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of Entries. The Released Parties are not responsible for any problems, viruses or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or Direct Messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any other person's computer related to or resulting from participating or downloading materials in the Contest. No responsibility is assumed by Sweetie Pie for the functionality of the Website.
None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind, including without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to an Entrant's or any other person's computer equipment resulting from an Entrant's attempt to either participate in the Contest or download any information in connection with participating in the Contest or use of any website. Without limiting the foregoing, everything on any website is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
(11) CONTEST ADMINISTRATION
All decisions regarding the Contest remain with the Contest Sponsor. The Contest Sponsor reserves the right, in its sole discretion, to modify, cancel, suspend and/or terminate any or all parts of the Contest for any reason.
The Contest Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be in violation of these Official Rules. The Contest Sponsor reserves the right to refuse an Entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt to tamper with the entry process, interfere with these Official Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws, and the Contest Sponsor reserves the right to seek damages and/or other relief (including attorneys’ fees) from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying Entrants from this and future contests of the Contest Sponsor. In their sole determination, the Contest Sponsor may disqualify any person who acts in any manner to threaten or abuse or harass any person and to void all such person’s associated Entries. The Contest Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest should fraud, virus, bugs, or other reasons beyond the control of the Contest Sponsor corrupt the security, proper play or administration of the Contest.
(12) PRIVACY AND PUBLICITY RIGHTS
By accepting a Prize, each Winner agrees to allow MLSE and its respective subsidiaries and affiliates, promotional and advertising agencies and representatives the right to use his/her name, biographical information, image, photos and/or likeness and statements for programming, promotion, trade, commercial, advertising and publicity purposes in connection with this Contest, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, video, the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
The Contest Sponsor respects your right to privacy. Personal information collected from Entrants will only be used by the Contest Sponsor to administer the Contest and, only if consent is actively given at the time of entry, to provide Entrants with information regarding upcoming promotions and/or events from the Contest Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by (a) MLSE, please refer to the privacy policy available at
http://www.mlse.com/privacy, or (b) Sweetie Pie, please refer to the privacy policy available at https://mysweetiepie.ca/policies.
(13) TRADE-MARKS
All Trade-marks are the property of their respective owners.
(14) GOVERNING LAW
The Contest shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Without limiting the generality of the foregoing, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between any person and/or Entrant and the Contest Sponsor in connection with the Contest shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The Contest Sponsor and all Entrants hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter, issue or dispute arising under or in respect of these Official Rules and/or the Contest and agree that any such determination shall be brought solely and exclusively before such courts.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
Any words herein importing the masculine gender shall include the feminine gender and vice versa in both the singular and the plural.
Privacy Policy
What Information Do We Gather?
Depending on how you interact with us, we collect some or all of the following types of information:
· your name, address, telephone number, email address, user ID and contact information,
· billing information (credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address),
· gender and birth date, if you choose, or are otherwise required to, enter such information, and interests,
· products purchased and occasion type (for example, Mother's Day),
· any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles),
· Message and gift recipients' names, addresses, telephone numbers and email addresses,
· device information - information about your mobile device, including platform information, user identification number and device location,
· application information - application information, including which of your applications are used, how your applications are used and the duration of use of your applications,
· network information – network information, including IP address, network carrier and country code, browsing information, such as how you interact with the Services; and
· other information you provide to us, including User Submissions
How Do We Collect Information from You?
A. In General.
We collect information through our website, emails, mail, fax, telephone, mobile devices and applications and social media applications (such as our Facebook App) including when you:
Visit our website and use our Service, place an order, participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and engage in other activities, services, products and resources we make accessible to our customers, members or users.
The information may be provided directly to us by you when placing an order or participating in a survey, etc. , or, as is true of most websites, we gather certain information automatically. This information may include internet protocol (IP) addresses, browser type, device information, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends and administer the Website. This information may be collected by us even if an order, registration, or other process is started but not completed or is otherwise cancelled.
B. How we use "Cookies" and "Action Tags."
A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies to let us know that you are a prior customer, user or Member and to provide certain features to you. Most web browsers allow you to instruct the browser to prevent the use of cookies. However, if you disable this feature, certain aspects of the Services, such as the shopping basket, may not function properly. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
We have relationships with third parties who may collect or receive information directly from the cookies placed by our Service on your computer to assist in analyzing our business and customers.
Our Service may also use a common web technology called "action tags" (also called single pixel gifs or web beacons) to track purchase, usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. In addition, third parties may set their own cookies and tags through our Service (such as through interest-based advertising, described below). We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you should modify your browser settings to limit such access.
C. Interest-based advertising.
Our Services. We collect data from you for use in interest-based advertising when you use our Service. Other companies may serve interest-based advertisements on our Service. We comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (aboutads.info).
Other Services. Advertisements for our products and services may appear on third party websites around the Internet. Some websites and services deliver these advertisements based upon data that has been previously collected about your past behavior online. For example, if you have viewed websites about gift baskets, these websites or services may display to you an advertisement for our gift baskets. This kind of targeted advertising is sometimes called interest-based or online behavioral advertising. It is generally not based upon your personal information (such as your name or email address), but rather, upon your online activities. We do not control such third-party websites or services on which these advertisements appear. Further, we do not control how they collect and use data about your online activities.
Consent. You may opt-out of being tracked online by certain companies who are listed at www.aboutads.info/choices/ OR www.networkadvertising.org/managing/opt_out.asp and may also learn more about online behavioral advertising at such websites. If you opt-out, you will still receive generic advertisements, but they will not be delivered to you by such companies from whom you have opted out based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, for each browser and each device, so if you delete your cookies or use a different computer, you will have to repeat this process. We do not respond to or honor "do not track" (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.
D. Push Notifications.
As a user who has downloaded our Company’s mobile application, we may from time-to-time send you push notifications to your device in order to communicate with you and advise you of current offers and promotions. To ensure that you receive timely notification of such communications and promotions, we need to collect certain information from your device as indicated above. If at any time you do not wish to receive these types of communications, you may turn them off at the device level.
E. Mobile Analytics.
We use mobile analytics software to allow us to better understand the functionality of our Company’s mobile application on your device. This software may record information such as how often you use the application, the events that occur within the application, usage, performance data, and the source from which the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
How We Use/share The Information We Collect
We use information we collect to communicate with you, to process your orders, to improve our products and services (such as by responding to your feedback), to conduct research (such as statistics on favorite -- i.e., most ordered -- products), to provide an enhanced and more personalized shopping experience (for instance, to provide event reminders, such as birthdays), to inform you and your gift recipients of offers and discounts from the Sweetie Pie family of brands and Company Affiliates, and to enable you to receive credits for purchases under loyalty or buying programs which you have joined.
We may also use your information, as necessary or appropriate in our view, to operate the Service, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in.
We may combine information we receive from you via our Service with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us (for example, by keeping your profile up-to-date) and to communicate with you in accordance with this Privacy Policy.
In addition, as provided below, the Company may use or share your data with both affiliated and unrelated third parties, for the purposes so identified.
A. Affiliate Data Sharing.
We may provide your information to our Company Affiliates for use in connection with their businesses, including sending you offers and promotions. However, in connection with information collected under this Privacy Policy, they are required to comply with this Privacy Policy. "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with, or in the same corporate family as, Sweetie Pie INC.
B. Sharing with Others.
We may also share your information with our subcontractors, agents, consultants, financial institutions, credit/debit card payment processors, business partners, vendors and service providers, but we generally only authorize them to use such information for our benefit, for instance, to process your order and to better communicate and provide appropriate offers to you and your gift recipient.
In addition, we may make such information (except for credit/debit card numbers, expiration dates and CVV codes, unless you consent otherwise), including aggregated information, available to selected third parties including, but not limited to, those who share or rent information for direct marketing purposes.
We may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like). We also may work with other third parties who also possess your information in order to engage in advertising and other promotional services, for example, to enhance one or both of our advertising or promotional endeavors.
D. Change of Business.
We may transfer your information in connection with the sale, lease, license, assignment (of part, or all, of our business), acquisition, merger, reorganization or change of control of the Company, our Affiliates, or the division responsible for the Service with which your information is associated, or as part of a bankruptcy proceeding.
E. For Legal Purposes.
In certain situations, we may be required to disclose personal data in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the Terms of Use ).
F. Social Media
Please note that any personal information you reveal or post on one of our public forums (as defined in the Terms of Use ), such as a message board, chat room, blog, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Policy and may be collected, shared and used by us, and with third parties, including to contact you. Information you provide or post on our public forums, you disclose at your own risk.
G . Sharing data with promotional partners:
From time to time with customer consent we share information collected but not limited to via email, SMS, Social Media channels.
Where We Store Your Information
Our Service is operated in the Canada. If you are located outside of Canada, please be aware that any information you provide to us may be transferred to, and stored in, the Canada . By using the Service or otherwise providing us with information, you hereby consent to this transfer. At times, for orders originating within the US, EU or UK or being delivered to the EU or UK, we may use third parties located within the EU or UK to process such orders. In so doing, we take steps to ensure those entities will process your information in a manner consistent with this Privacy Policy.
Although personal information collected by us through the Service will be used by us in accordance with this Privacy Policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries.
