PITA PIT (CANADA) HEALTHY ON YOUR TERMS
(a) The Contest (as defined below) is open only to legal residents of Canada, excluding Quebec, who have Registered (as defined below) and have reached the age of majority in the jurisdiction in which they reside at the date of Entry (as defined below). The Contest is void where prohibited by law.
(b) Employees, representatives and agents of Pita Pit Limited (the “Sponsor”) or any of its franchisees, and members of the respective immediate families of such employees, representatives and agents of the Sponsor and those of its franchisees, and all immediate family members and persons with whom they are domiciled are not eligible.
The Pita Pit (Canada) Healthy on Your Terms Contest (the “Contest”) begins on the 10th day of February 2020 at 12:00:01 a.m. Eastern Time (“ET”) and ends on the 31st day March 2020 at 11:59:59 p.m. ET, and consists of one prize of one (1) five hundred and twenty ($520.00CDN) Pita Pit MORE! Gift Card (“Free Pitas for a Year”) available to be awarded after the end of the contest period. For the purposes of the Contest, “Free Pitas for a Year” is defined as one (1) ten dollar ($10.00CDN) purchase per/week for 52 weeks at any participating Pita Pit Canada location however the $520 Pita Pit MORE! Gift card can be used in whatever purchase increments that the winner chooses.
Eligibility to participate in the Contest is 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): (i) for the purposes of verifying the eligibility of an entrant to participate in the Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of an Entry (as defined below) or other information entered (or purportedly entered) for the purposes of this Contest; and (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering the Contest in accordance with the Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification.
4. HOW TO ENTER
NO PURCHASE NECESSARY. Entrants can participate in two ways.
1. Signing up on the website by entering your name, valid email address and agreeing to contest rules by consenting to the acknowledgement.
5. ENTRY LIMIT:
Participation in any one (1) or more of the Contest Events is permitted under these Rules. Multiple Entries per person are permitted for each Contest Event, provided that each Entry submission from the same person must be different from all of his/her prior Entry submissions. Duplicate Entries of the same Entry submission are not permitted, and will result in the Entry being disqualified. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that an entrant has attempted to submit more than one (1) Entry of the same Entry submission in relation to the Contest by such means as, but not limited to, the use of multiple names, identities, social media accounts, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Contest, the entrant may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Sponsor, its affiliates, officers, directors, shareholders, employees, franchisees, representatives and agents and their respective affiliates (the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
6. ENTRY REQUIREMENTS:
By entering the Contest, the entrant agrees that his or her Entry (and each individual component thereof) complies with all conditions stated in the Rules. The Released Parties will bear no legal liability regarding the use of any Entry or any component thereof. The Released Parties shall be held harmless by the entrant in the event it is subsequently discovered that the entrant has departed from or not fully complied with any of the Rules.
There is a total of one (1) prize each consisting of one (1) five hundred and twenty dollar (CDN$520.00) Pita Pit MORE! Gift Card, available to be won. Prizes must be accepted as awarded and are not transferable, assignable or convertible to cash (except as may be specifically permitted by the Sponsor in its sole and absolute discretion, or as required by law). No substitutions except at the Sponsor’s option. The Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at the Sponsor’s sole and absolute discretion, a cash award. The odds of winning a Prize will depend on the total number of eligible Entries received in relation to a particular Contest event. Prize winners must adhere to Pita Pit Gift Card terms and conditions. Selected entrants will be contacted through email message to the email address used upon entering. The prize winner will be announced April 8th 2020.
8. IMAGE REGULATION AND MODERATION:
(a) All Entries are subject to approval by the Sponsor. Any Entry that the Sponsor deems, in its sole and absolute discretion, to violate the terms and conditions set forth in the Rules will be subject to disqualification. At any time during the Contest, before announcing of the winners, the Sponsor reserves the right, in its sole and absolute discretion, to edit or modify any Entry, or to request an entrant to modify, edit and/or re-submit his or her Entry, in order to ensure that the Entry (as applicable) complies the Rules, or for any other reason.
(b) By submitting an Entry, in respect of each Entry, each entrant confirms that:
(i) the Entry does not contain or reference any third party trademarks;
(ii) he/she has obtained the consent and/or permission of all other individuals (including parent/legal guardian consent in relation to any individual who is a child)
(iii) he/she grants a license in respect of the use of the Entry as set out in the Rules and represents and warrants that the Entry will not infringe the copyright or any other rights of any third party; and
(iv) the Entry does not contain any obscene, sexually explicit, violent, offensive, inflammatory or defamatory content or material.
9. CONTEST DRAW:
A random draw from all eligible Entries received in relation to each of the Awards will be made by the Sponsor at the Sponsor’s office located at 4900 Palladium Way at 11am. ET on April 7th 2020. The odds of any Entry being selected will depend on the total number of eligible Entries received during the Contest.
10. HOW TO WIN
(a) In order to be declared a Contest winner, the selected entrant who is eligible for a Prize will be required to correctly answer unaided (mechanical or otherwise), a time-limited mathematical skill-testing question by telephone at a predetermined mutually convenient time. Following the draw as described herein, the selected entrant will be contacted by the Sponsor through the email address provided. If the selected entrant does not respond to the Sponsor’s email correspondence with his or her full contact information within five (5) business days of Sponsor sending the email correspondence, or if the selected entrant cannot be reached personally without leaving a message by telephone within five (5) business days of the first telephone call made and after a minimum of three (3) attempts by the Sponsor, and if such selected entrant fails to execute and return the Sponsor’s declaration and release form within five (5) business days from the date of receipt thereof, his or her Entry will be forfeited and a new entrant will be selected in accordance with Section 9, and will be contacted on the sixth (6th) business day and such process will be repeated until such Prize has been awarded. No communication or correspondence will be entered into, except with the selected entrants.
(b) Each of the Prizes will be delivered by the Sponsor to the corresponding confirmed Prize winner at the address provided by the selected entrant in accordance with the provisions of Section 10(a).
(c) If the eligible winner cannot be contacted, fails to answer the skill-testing question correctly, fails to return the Sponsor’s declaration and release form before the deadline, or if their corresponding Prize is returned as undeliverable, he/she forfeits the Prize. In the event that the eligible winner is disqualified for any reason, the Prize may not be awarded.
11. WINNER CONFIRMATION PROCESS:
BEFORE AN ENTRANT IS DECLARED AS A CONFIRMED PRIZE WINNER, the entrant that is selected as an eligible winner will be required to sign and return within five (5) business days of receipt the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with the Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with the Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from the Contest Entry; and (v) agrees to the publication, reproduction and/or other use of the entrant’s name, entrant’s Entry submission, photo image/likeness, and city/province of residence without further notice or compensation, in any publicity or advertisement of the Sponsor’s products, services, the Contest and future contests carried out by or on behalf of the Sponsor in any manner or media whatsoever, including, without limitation, print, broadcast or the internet. If the entrant that is selected as an eligible winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then the entrant may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to a Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant to be the eligible winner of a Prize (in which case the foregoing provisions of this section shall apply to such new eligible winning entrant).
12. GENERAL CONDITIONS:
(a) The Sponsor reserves the right, in its sole and absolute discretion and at any time, to disqualify any entrant and/or to prevent an entrant from participating in the Contest if the Sponsor determines that allowing the entrant to participate in the Contest could bring the Sponsor into public disrepute or in any way impact the good standing or reputation of the Sponsor in the eyes of the general public. The Sponsor’s decisions on all matters arising in this regard shall be final and binding without right of appeal.
(b) All Entry materials become the property of the Sponsor. 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.
(c) Anyone determined to be in violation of the Rules for any reason is subject to disqualification in the sole and absolute discretion of the Sponsor at any time.
(d) The Released Parties will not be liable for: (i) any failure of any 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 submission and/or other information or materials to be received, captured or recorded 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 a participant’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.
(e) The Sponsor reserves the right to withdraw, amend or suspend the 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 the Contest as contemplated by these Rules. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by the 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 further reserves the right to cancel, amend or suspend the Contest, or to amend the Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
(f) All disputes, disagreements, controversies, questions or claims arising out of or relating to the Contest, including, without limitation with respect to its formation, execution, validity, application, interpretation, performance, breach, termination or enforcement (each a “Dispute” and, collectively, the “Disputes”), shall be determined by a sole Arbitrator (the “Arbitrator”) under the Arbitration Act, 1991 (Ontario) (the “Act”). The resolution of a Dispute pursuant to this section shall be final and binding upon the parties to the Dispute (each a “Party” and, collectively, the “Parties”), and there shall be no appeal therefrom, including, without limitation, any appeal to a court on a question of law, a question of fact or a question of mixed fact and law. In addition: (a) section 7(2) of the Act will not apply to the arbitration; (b) unless the Parties otherwise agree, the Arbitrator will be appointed by a judge of the Superior Court of Justice of Ontario on the application of any Party on notice to all the other Parties. No individual shall be appointed as Arbitrator unless he or she agrees in writing to be bound by the provisions of this Section 12(f); (c) the arbitration shall take place in the City of Toronto unless otherwise agreed in writing by the Parties; (d) subject to the Act, the Arbitrator may conduct the arbitration in the manner the Arbitrator considers appropriate; (e) the language to be used in the arbitration shall be English; (f) within seven (7) calendar days after appointment the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for a good cause shown. The Parties agree to a mutual exchange of relevant documents and the taking of up to a maximum of five (5) examinations for discovery by each Party to last no more than two (2) calendar days in aggregate for each Party; (g) the Parties desire that any Dispute should be conducted in strict confidence and that there shall be no disclosure to any person of the existence of the Dispute or any aspect of the Dispute except as is necessary for the resolution of the Dispute; and (h) the Arbitrator shall have the right to determine all questions of law and jurisdiction, including questions as to whether a claim is arbitrable, and shall have the right to grant legal and equitable relief including injunctive relief and the right to grant permanent and interim injunctive relief, and final and interim damages awards. The Arbitrator shall also have the discretion to award costs, including reasonable legal fees and expenses, reasonable expert’s fees and expenses, reasonable witnesses’ fees and expenses pre-award and post-award interest and costs of the arbitration.
(g) By entering the Contest, the entrant expressly consents to the Sponsor, its agents and/or representatives collecting, using and transferring all personal information submitted for the purpose of administering the Contest. Entrants may also be offered the opportunity to receive information from Sponsor about its events, promotions and announcements.
Contest winners expressly consent to the Sponsor, its agents and/or representatives, using such winner’s name, Entry submission, city/province of residence, photograph, image/likeness, resemblance and/or voice in connection with the advertisement and promotion of its products, services, the Contest and future contests without compensation or payment.
(h) 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 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.
(i) In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest related materials, including, but not limited to social media platforms, French version of these Rules (if applicable), and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
(j) This contest and the terms and conditions contained in these Rules, shall be exclusively governed by, and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.