Official Contest Rules

 

 

THE SUNRISE 2011 BIGGEST TOFU FAN AWARD (THE "CONTEST") IS INTENDED TO BE CONDUCTED IN CANADA AND THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. PARTICIPANTS MUST BE OF THE AGE OF THIRTEEN, OR OLDER, AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

 

1.      ELIGIBILITY. To be eligible for this Contest, an individual must:

a.       be a legal resident of Canada (not including Quebec) or the United States;

b.      be of the age thirteen (13) or older at the time of entry.

c.       be the sole owner of all right, title and interest (including copyright) in and to the Work (as defined below) submitted in connection with the Contest; and Employees of Sunrise Soya Foods (the "Sponsor"), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, judges of the Contest and the household members of any of the above, are not eligible to participate in the Contest.

 

The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in their sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

 

2.      CONTEST PERIOD. The Contest begins at 4:00 p.m. Pacific Standard Time ("PST") on December 1, 2011 and ends at 12:00 p.m. PST on December 19, 2011 (the "Contest Period") after which time the Contest will be closed and no further entries shall be accepted.

 

a.       Enter using the method of entry outlined below. No entries will be accepted by any other means.

To enter online, visit the Contest Website and select a category you wish to participate in. Follow the directions closely and submit your entry via our Facebook page. You may submit up to 4 submissions but only 1 entry per category.

 

Each submission (hereinafter the "Work") must meet the following criteria and specifications:

1.      The video must not exceed 5 minutes in length;

2.      The video / photo must be in color and of sufficient quality and resolution to be posted on the internet

3.      Only creator/creators of the work may submit the video / photo

4.      Only one video / photo can be submitted per category.

5.      The content featured in the video / photo must be a recent and taken within the Sunrise Tofu Challenge Contest period.

6.      Objectionable Content: The video / photo and/or submission must not contain any of the following:

7.      Any commercial solicitation or advertising other than Sunrise Soya Foods

8.      Any use of profanity, sexually graphic, offensive language, off color material or similarly unacceptable language or material

9.      False, misleading, deceptive or exaggerated comments regarding Sunrise Soya Foods, any of its affiliates or any of their products, or regarding competitors or any of their products

10. Any harassing, threatening, derogatory, demeaning, defamatory, racist, abusive, hateful, violent or obscene language or material, or discriminatory language or material

11. Any reference to the personal identity of the subject of creator/creators (including last name, e-mail address, phone number, or geographical location) with the exception of the first name and age (unless permitted by consent)

12. Any reference to personal information about others, including name or information that may be used to identify or locate another individual or that could otherwise be deemed to constitute invasion of another’s privacy

13. Any material that condones or incites violence, bullying or unlawful behaviour

14. Libel, slander or defamation of character of participant or non-participant

15. Any illegal statements, material or content

16. Any political content or propaganda

17. Any language that promotes drugs or alcohol, illegal or inappropriate activities or dangerous behaviour that may result in harm to anyone viewing the photo

18. Disclosure of trade secrets, confidential, non public, propriety or privileged information of Sunrise Soya Foods or its affiliates or of any other party, including information about a company's internal structure (including organizational charts and who reports to whom)

19. Crude, vulgar or offensive pictures, depictions, images, language gang signs and/or symbols

20. Gratuitous violence, gun or other imagery or gestures of weapons

21. Nudity

22. Hard liquor use or product images

23. Illegal drug or alcohol use or abuse

24. Website or web page links

25. Trespass or violation of other people's rights or property

26. Off-label use of products of Sunrise Soya Food affiliates or of any other party.
Note: This includes content appearing to describe the use of a Sunrise Soya Foods product in a manner outside the scope of the approved indications or use appearing on its label, unsubstantiated claims or testimonials, claims lacking mandatory risk/fair balance information, disclosures and/or qualifiers.

27. Financial disclosures about Sunrise Soya Foods or its operating company’s affiliates and predictions of future performance of the company or stock

28. Flooding, spam, chain letters, pyramid schemes, junk mail, etc.

29. Content attempting to impersonate client staff, medical personnel or other community members

Any content in an entrant’s submission or video / photo, that is considered by the Sponsor and Agency within their discretion to be inappropriate based any of the criteria listed above will disqualify an entrant and that entrant will be excluded from the contest and not eligible to win any of the prizes.

b.      By participating in this Contest, entrant represents and warrants that: (i) the Work meets the criteria set out herein and does not contain any material that is libelous, defamatory, pornographic, profane or obscene; (ii) the Work is original and all right, title, and interest (including copyright) therein and thereto is owned and/or controlled by the entrant to the full extent necessary to enable the Sponsor to use the Work as contemplated by these Contest Rules; and (iii) the Work does not infringe upon the intellectual property, privacy or other statutory or common law rights of any third party.

c.       Limit of one (1) video and/or photo per category per person during the Contest Period.

d.      All entries including the Work, become the sole property of the Sponsor and none will be returned for any reason. Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced.

e.       Entries received online shall be deemed to be submitted by the authorized account holder of the facebook account associated with the entry. For the purpose of the Contest Rules, authorized account holder of the facebook account is defined as the natural person who is assigned to the facebook account. Each selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the facebook account associated with the winning entry.

f.       Withdrawal of Submission: If an entrant submits a video / photo and later wishes to have it removed from, or not posted to the intended website(s), they should contact fans@sunrise-soya.com or call at 1-800-661-BEAN (2326), within the contest period.

 

Grand Prize Winner. There is one (1) grand prize available to be won by a Contestant consisting of: an Apple iPad 2 Wifi + 3G (32GB) valued at US $749.

Second Prize Winner. There is one (1) second prize available to be won by a Contestant consisting of: a $200 Kitchen Appliance Gift Card.

Third Prize Winner. There is one (1) third prize available to be won by a Contestant consisting of: a Sunrise Tofu Gift Basket valued at $50

Bonus Prize Winner. There is one (1) bonus prize available to be won by a Contestant consisting of: a iTunes Gift Card valued at $50

 

Grand Prize are hereafter collectively referred to as "Prize" or "Prizes". Grand Prize Winner, Second Prize Winner, Third Prize Winner and Bonus Prize Winner are hereafter collectively referred to as a "Winner" or "Winners".

 

                        The winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any. Prizes will be distributed within fourteen (21) days after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsor reserves the right, in its and their sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.

                         

                         

Three (3) or Four (4) winners shall be selected as follows:

On or about December 19, 2011 in Vancouver, British Columbia, one (1) entrant will be selected by Sunrise Soya Foods representatives as the grand prize winner. One entrant shall be eligible to win only one (1) Grand Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor.

                         

On or about December 19, 2011 in Vancouver, British Columbia, one (1) entrant will be selected by Sunrise Soya Foods representatives as the first prize winner. One entrant shall be eligible to win only one (1) second Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor.

                       
On or about December 19, 2011 in Vancouver, British Columbia, one (1) entrant will be selected by Sunrise Soya Foods representatives as the second prize winner. One entrant shall be eligible to win only one (1) third Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor.

 

On or about December 19, 2011 in Vancouver, British Columbia, one (1) entrant will be selected by Sunrise Soya Foods representatives as the second prize winner. One entrant shall be eligible to win only one (1) Bonus Prize. The odds of being selected as a potential winner are dependent upon the number of eligible entries received by the Sponsor and dependent on number of likes and comments generated by entry on Sunrise Tofu Facebook Page.

Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below). The Sponsor may, in its sole discretion, provide an alternate skill-testing question or vary the requirements to perform any skill-testing component of the Contest to accommodate and include the participation of entrants with physical or cognitive disabilities.

ONE WINNER WILL BE CONTACTED ON FACEBOOK BY A SUNRISE TOFU ADMIN NO LATER THAN December 21, 2011 AT 4:00 PM PST AND MUST RESPOND WITHIN TWO (2) BUSINESS DAYS OF NOTIFICATION. Upon notification, the selected entrant must respond by responding to the message by the Sunrise Tofu Admin and the selected entrantís response must be received by the Sponsor within two (2) business days of such notification. If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive a Prize and another entrant may be selected in the Sponsor's sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrantís response.

If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more selected entrants than contemplated in these Contest Rules, there will be a random draw amongst all eligible Prize claimants after the Contestís closing date to award the correct number of Prizes.

RELEASE. Winners will be required to execute a legal agreement and release ("Release") that confirms Winner is: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsor and its respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, Sponsor, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the "Releasees") from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor's sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Work and Winnerís name, photograph, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the date indicated on the accompanying email letter of notification or the verification as a Winner, or the selected entrant will be disqualified and the Prize forfeited.

 

INDEMNIFICATION BY ENTRANT. By entering the Contest, entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant 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 Contest Rules, or in any Prize-related activity. The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

RIGHTS CLEARANCE. By providing the Work to the Sponsor in connection with the Contest, each entrant shall retain all right, title and interest (including copyright) in and to the Work, and shall grant to the Sponsor a worldwide, gratuitous, irrevocable, and exclusive license to copy, use, modify, reproduce, display, adapt and transmit the Work for use in all media now known or hereafter devised in perpetuity beginning on the date of entry, including, but not limited to, in connection with the administration, promotion and exploitation of the Contest, posting of the Work on the Sponsor's websites including but not limited to facebook.com/sunrisetofu and www.sunrise-soya.com available for the general public to see, comment on and vote on, to the extent that the Work contains the image of a child under the age of majority the parent or legal guardian, provides such consent on their behalf. The entrant hereby confirms that the Work is an original work, solely created by the entrant, and that no third party participated as an author, co-author, photographer or otherwise in the creation of the Work or any part thereof. The Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. In addition, each entrant represents to the Sponsor that the Work does not infringe any copyright interest of any third party and that the Work is not defamatory or obscene and does not violate any laws relating to hate speech or otherwise. The Sponsor reserves the right to exclude any Work on the basis of concerns relating to eligibility, the rights of third parties, including but not limited to privacy, copyright, defamation, rights of personality, obscenity or hate speech, as determined by Sponsor in their sole discretion.

LIMITATION OF LIABILITY. The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible 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 by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing or otherwise. The Sponsor is not responsible for any injury or damage to entrant or to any computer related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsor assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest or the Contest Website.

                         

CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website throughout the Contest Period. Entrant further agrees to be bound by the decisions of the judges and Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any online Sunrise Soya Foods property or service; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

                         

By submitting my entry to this website I confirm that (i) I grant to the Sponsor the right to use my name, telephone number, image, province, age, gender, language, email address, photograph and or / video ("Personal Information") for the purpose of administering the Contest, including but not limited to contacting and announcing the Winners and contacting me to confirm any of the information, consents, and grants that I have provided (ii) I grant to the Sponsor the right to use my contact information to contact me regarding any issues, notifications, or corrections arising from or in connection with the Contest, including without limitation relating to any prizes awarded, (iii) I grant to the Sponsor the right to use my Personal Information and my video / recipe for publicity and promotional purposes including but not limited to those relating to the Contest, in any and all media now known or hereafter devised, developed using the Rights granted in connection with the Contest without further compensation unless prohibited by law, (iv) I acknowledge that the Sponsor may disclose my Personal Information and to third-party agents and service providers of the Sponsors (including those outside of Canada) in connection with any of the activities listed in (i) (ii) (iii) and (iv) above, (v) I consent to the Sponsor copying, using, modifying, reproducing, displaying, adapting and transmitting the photograph I have submitted for use in all media, at any time, and developed using the Rights granted in connection with the Contest, including without limitation the photograph and the recipe for the promotion and exploitation of the Contest, the Sunrise Soya Foods brand, including posting of the video / photo submission, at the Sponsor's sole discretion, on the Sponsor's websites including facebook.com/sunrisetofu and www.sunrise-soya.com available for the general public to see, comment on and vote on, and to the extent that the photograph contains the image and of the recipe.

                         

INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited. TERMINATION. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsor reserves the right, in their sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

                         

LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction laws.

 

LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.