Tim Horton’s Tailgate Spirit Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED IN THIS SITE IF YOU ARE NOT LOCATED IN THE UNITED STATES.
Tim Horton’s Tailgate Spirit Sweepstakes (“Promotion” or “Sweepstakes”), sponsored by The Tim’s National Advertising Program, Inc. (“Sponsor”) and administered by TMPG (“Administrator”) is open to all legal residents of New York and Ohio who are at least eighteen (18) years of age at the time of entry. Employees, contractors, officers, and directors of Sponsor, The TDL Group Corp., Tim Hortons USA Inc., Administrator radio station partners, and their respective parents, affiliates, subsidiaries, distributors, sales representatives, retailers, partners, agencies, related companies and agents (“Promotion Parties”), as well as the immediate family (defined as parents, spouse, children, siblings and grandparents), and same household members of each such employee, officer, and director are not eligible to enter or win the prize. All applicable federal, state, and local laws and regulations apply. By participating, you agree to abide by these Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. Void elsewhere and where prohibited.
2. Promotion Period
The Promotion begins August 19, 2013 at 7:00:00 a.m. U.S. Eastern Time (“ET”) and ends September 22, 2013 at 11:59:59 p.m. ET (“Promotion Period”).
3. How to Enter
To enter the promotion, visit www.TimsTailgateSpirit.com (“Website”) during the promotion period and provide all required information, including your full name, address (city, state and zip code), email address, telephone number and date of birth into the online entry form and create your own Tim Hortons Tailgate Jersey using the provided tools on the Website (“Jersey”). Eligible participants who provide the required information and complete a Jersey will receive one (1) entry in the Promotion. Limit one (1) entry per person/e-mail. Entrants must have a valid email address.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Any attempt by any individual to exceed the above-indicated entry limits by using multiple/different e-mail or IP addresses, identities, or any other methods will void all that individual's entries and that individual will be disqualified. Use of any automated program or like means to submit an entry form (including but not limited to content/story submitted therewith, if appropriate) will result in disqualification. Sponsor, radio station partners, Premium and their respective agencies are not responsible for late, lost, garbled/illegible, misdirected, incomplete or invalid submissions, or incorrect or inaccurate information, information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the sweepstakes or by any technical or human error which may occur in the processing of the entries, all of which are void and will not result in Sweepstakes entry. Proof of transmission of completed entry (including but not limited to content/story submitted therewith, if appropriate) does not constitute proof of receipt of same or proof of entry in Sweepstakes. In the event of a dispute as to identity of any entrant the authorized account holder of the e-mail address used to submit an entry (including but not limited to content/story submitted therewith, if appropriate) will be deemed the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. By participating, entrants agree to these Official Rules, which are final and binding in all respects
4. Data Collection.
5. Prize Drawing and Winner Notification
On or about October 7, 2013, one (1) entry from an eligible entrant who is a legal resident of New York and one (1) entry from an eligible entrant who is a legal resident of Ohio, for a total of two (2) winners. Winners will be selected in a random drawing by an independent judging agency from among all eligible entries received during the Promotion Period. Potential Winners will be notified by e-mail, U.S. mail, or phone on or about October 21, 2013.
6. Prize and Odds of Winning
The two (2) verified winners will each receive one (1) professionally designed Tim Hortons Tailgate Jersey, approximate retail value (“ARV”) $200 and one (1) $100 Tim Card. Tim card subject to the terms thereon.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $600.00.
Use of gift certificate/gift card is subject to terms/conditions indicated thereon which may include expiration date (where lawful). Winner is solely responsible for any applicable federal, state, and local taxes and all unspecified expenses or fees associated with prize acceptance, receipt and use. No substitution, assignment, or transfer of prize permitted, except by Sponsor, who reserves the right to substitute prize with another prize of equal value if advertised prize cannot be awarded as stated for any reason. Prize cannot be redeemed or exchanged for cash by winner (except where required by law).
In the event that the potential prize winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize without compensation. In the event that the potential prize winner is disqualified for any reason, potential winner forfeits prize. In the event of prize forfeiture, Sponsor reserves the right to award the prize to an alternate winner will be selected in a random drawing from all remaining eligible entries received for the drawing even if the disqualified potential winner’s name may have been publicly announced Prize will be fulfilled by mail approximately 8-10 weeks after the conclusion of the Promotion, subject to verification of potential winner’s eligibility and full compliance with these Official Rules. If the potential winner cannot be contacted, within the required time period, or if the prize is returned as undelivered, potential winner forfeits such prize and an alternate winner will be selected. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited.
Odds of winning depend on the total number of eligible entries received.
An entrant is not the prize winner unless and until entrant’s eligibility has been verified and the potential winning entrant has been personally notified of same.
7. General Conditions
Sponsor’s computer is the official clock for purposes of the Sweepstakes. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures, or any other factor beyond its control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor will select the winner via random drawing comprised of all eligible entries received prior to (and/or after, if appropriate) the action taken by Sponsor or by some other means deemed by Sponsor in its sole discretion to be fair, appropriate, and consistent with the spirit of these Official Rules. And, notice of such action by Sponsor will be posted on www.TimsTailgateSpirit.com. Sponsor reserves the right, in its sole discretion, to disqualify any individual it determines, in its sole discretion, to be tampering with the entry process or the operation of this Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Tampering includes but is not limited to the submission of content/story that is not solely and completely the original work of individual submitting same or that violates the rights of any third party. Any attempt by any person to deliberately damage Sponsor’s or any related promotion web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law (as well as disqualifying such individual, if appropriate). Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. These Official Rules (or any other Sweepstakes materials) may not be published elsewhere without the express written consent of Sponsor, which may be withheld for any reason.
8. Publicity Release
Except where prohibited by law, winner grants (and agrees to confirm grant in writing) its consent to Sponsor’s use of winner’s name, likeness, voice, opinions, hometown, and state and other indicia of persona for promotional, trade, or advertising purposes in any media, not known or herein after, without geographic or time limitation, and without additional payment or consideration. Winning Jersey design (or similar reproduction) may be recreated and distributed at Tim Hortons Café and Bake Shop restaurants. Jersey design is not subject to review or approval by sweepstakes participants.
9. Liability Release
By entering, entrant agrees (and agrees to confirm in writing): (a) to release and hold harmless Promotion parties, from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of the prize.
10. Limitations of Liability
Sponsor, its partners and agencies (including but not limited to radio station partners and Tim Hortons) are not responsible for and you hereby release Sponsor, its partners and agencies (including but not limited to radio station partners and Tim Hortons) from any claims arising from: (1) incorrect or inaccurate transcription of entry information or lost, stolen, illegible, incomplete, misdirected entries (including but not limited to content/story submitted therewith, if appropriate), or entries (including but not limited to content/story submitted therewith, if appropriate) received through impermissible or illegitimate channels, all of which are void and will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware, or software; (3) the unavailability or inaccessibility of Web site or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete or inaccurate information being displayed on Web site whether due to unauthorized human intervention, equipment failure or malfunction, or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of submitted entries (including but not limited to content/story submitted therewith, if appropriate); or (6) any injury or damage to persons or property, including but not limited to an individual’s computer (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by participation in the Promotion or from downloading any material from Sponsor’s or related Web site(s), regardless of whether the material was prepared by Sponsor, agency, or a third party, and regardless of whether the material is connected to a Sponsor’s or its agency’s Web site by a hypertext link.
11. Disputes/Choice of Law
By entering, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the award of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Columbus, Ohio (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) you hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. The internal, substantive law of Ohio governs the Sweepstakes and all aspects related thereto including construction, validity, interpretation, and enforceability of these Official Rules. By participating in Sweepstakes, you agree to submit to the personal and exclusive jurisdiction of the courts located in Columbus, Ohio.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Winners List
For a copy of the winners list, mail a self-addressed stamped envelope to Tim Hortons Tailgate Spirit Sweepstakes Winners List Request, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Requests must be received by September 23, 2013.
13. Sponsor and Administrator
THE TIM’S NATIONAL ADVERTISING PROGRAM, INC.
c/o 874 Sinclair Road
Oakville, Ontario, Canada
Sweepstakes Administrator: TMPG
711 Westchester Avenue, Suite 102
White Plains, NY 10604