Rules and Regulations

OFFICIAL CONTEST RULES

REACH OUT WITH RED ROSE ("CONTEST")

THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY (EXCLUDING QUEBEC) AND IS GOVERNED BY CANADIAN LAW.

ELIGIBILITY:

Contest is open to all legal residents of Canada (excluding residents of Quebec) who have reached the age of majority in their province or territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled) of Unilever Canada Inc. (the “Sponsor”), its advertising and promotion agencies and the Contest judges (collectively, the “Parties”).

CONTEST PERIOD:

Contest entry period is from April 5, 2010 at 12:00:01AM Eastern Time (ET) to June 4, 2010 at 11:59:59 PM ET (the “Contest Period”).

HOW TO ENTER:

No purchase necessary. To enter, go to ReachOutWithRedRose.ca (the “Website”), click on the “Enter” button and an entry form will appear. Fully complete the entry form, which requires you to enter your first name, last name, valid email address, telephone number and age. You will then be required to: (i) upload one (1) photograph (the “Photo”); and (ii) write an essay (the “Essay”) in the space provided. Your Photo/Essay must be in accordance with the specific requirements listed below in Rule 4 and must depict, describe and/or discuss “what am I doing to change the world”. When all required fields are completed (including uploading your Photo and Essay), click the “Submit” button to complete your entry (entry form and Photo/Essay hereinafter collectively referred to as “Entry”).

There is a limit of one (1) Entry per person/email address permitted during the Contest Period. If it is discovered that you attempted to enter more than once during the Contest Period, then (in the sole discretion of the Sponsor) you may be disqualified and all of your entries voided. Entries will be rejected if: (a) entry form is not fully completed (including uploading your Photo and/or writing your Essay) and submitted during the Contest Period; or (b) if the Entry does not conform to the specific requirements listed below in Rule 4. The Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.

BY SUBMITTING AN ENTRY, THE ENTRANT AGREES THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE CONTEST PARTIES WILL BEAR NO LEGAL LIABILITY, EXPRESSED OR IMPLIED, REGARDING THE USE OF THE ENTRY BY THE CONTEST PARTIES AND THE CONTEST PARTIES SHALL BE HELD HARMLESS BY AN ENTRANT IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT THE ENTRANT HAS DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

PHOTO / ESSAY REQUIREMENTS:

The submitted Photo/Essay must never have been previously exhibited publicly outside of this Contest or selected as a winner in any other contest. To be eligible for entry in this Contest, the Photo/Essay must meet the following specific requirements:

Type Maximum Length/Size/Amount Language Acceptable Formats
Photo 1 Photo (up to 5 MB) --- .jpeg and .png
Essay Up to 200 words English ---

By participating in the Contest, each entrant agrees to be bound by these Official Rules (the “Rules”) and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Photo/Essay:

  • is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the photographer) in and to the Photo/Essay to enter the Contest;
  • does not violate any law, statute, ordinance or regulation;
  • does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Photo, then his/her face must be blurred out);
  • will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
  • is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
  • Nudity;
  • Explicit, graphic or excessive sexual activity;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
  • Personal information of individuals, including without limitation, names and addresses (physical or e-mail). For greater certainty, only one person can be named on the Entry;
  • Conduct or other activities in violation of these Rules;
  • Commercial messages, comparisons or solicitations for products or services other than Red Rose or ONEXONE Foundation;
  • Any identifiable third party products and/or trade-marks, brands or logos. For example, any clothing worn by persons appearing in a Photo must not contain any visible logos, trade-marks or other third party materials, unless the necessary permissions/licenses have been obtained; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest Parties in its/their sole discretion.

The Sponsor and/or the Contest Parties will screen every Entry within two (2) business days of that Entry being submitted. Any Photo/Essay that the Sponsor and/or the Contest Parties deem, in its/their sole discretion, to violate the terms and conditions set forth in these Rules will not be posted. Prior to being posted on the Website, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to edit or modify any Photo/Essay, or to request an entrant to modify or edit his or her Photo/Essay, in order to ensure that the Photo/Essay complies with these Rules, or for any other reason. Any Photo/Essay that is deemed appropriate will be posted on the Website and the entrant will receive an email notification from Sponsor indicating that the Entry has been posted.

By entering the Contest and submitting the Photo/Essay, each entrant: (i) grants to the Sponsor, in perpetuity, a world-wide, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Photo/Essay in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties, ONEXONE Foundation, Partners In Health (or, at Sponsor’s sole discretion, an alternative ONEXONE charity partner) and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to modify, edit or remove any Photo/Essay, or to request an entrant to modify or edit his or her Photo/Essay, if a complaint is received with respect to the Photo/Essay, or for any other reason. If such an action is necessary during any voting period as defined in these Rules, then the Sponsor and/or the Contest Parties reserves the right, in its/their sole discretion, to reset the vote count associated with the Photo/Essay to zero.

GRAND PRIZE:

There will be one (1) Grand Prize available to be won consisting of a trip for two (2) to an African country (example: Rwanda, Kenya, Lesotho, Malawi) chosen by Sponsor in its sole discretion. The trip will be for seven (7) nights that must take place between August 15, 2010 and September 30, 2010 (subject to availability) and the winner will volunteer with Partners In Health, a ONEXONE charity partner (or, at Sponsor's sole discretion, an alternative ONEXONE charity partner), which includes: round trip airfare (economy class) for the winner and his/her travel companion to an African country (example: Rwanda, Kenya, Lesotho, Malawi from the Canadian international gateway airport nearest the winner's residence; accommodation for two (2) (double occupancy) for seven (7) nights; three (3) meals per day for the winner and his/her travel companion; air and/or ground transportation within host country; and ground transportation to and from the Canadian international gateway airport nearest the winner's residence. Approximate retail prize value is $12,000 based on a Toronto departure example, although the actual retail value may vary depending on the point of departure (the “Grand Prize”) and all costs (except as noted below) associated with the Grand Prize will be paid for by Sponsor.

Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsor’s option); (ii) all travel related to the Grand Prize must occur within the dates specified above (otherwise the Grand Prize will be forfeited) and the winner and his/her travel companion must: (a) travel on same itinerary; (b) have all necessary documentation to permit international travel (e.g., passport and visa); (c) obtain all necessary travel, cancellation and health insurance coverage for the duration of the trip and all required vaccinations as recommend by the Centers for Disease Control and Prevention website (www.cdc.gov) or the Public Health Agency of Canada (www.phac-aspc.gc.ca) at the expense of winner and his/her travel companion; and (d) not have any barrier to entry in the host country (see background check requirements below); (iii) the costs of everything not specifically stated above as included in the Grand Prize are the responsibility of the winner and his/her travel companion, including, without limitation, additional meals, gratuities, cancellation, health and travel insurance (as required above) and items of a personal nature; (iv) if the winning entrant (and/or his/her travel companion) does not utilize any part(s) of the Grand Prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place; (v) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Grand Prize or any component thereof; and (b) substitute the Grand Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsor’s sole discretion, a cash award or a different destination; (vi) Partners In Health (or, at Sponsor’s sole discretion, an alternative ONEXONE charity partner) reserves the right at any time, in its sole discretion, to place reasonable restrictions on the winner and his/her travel companion and reserves the right to change or postpone the due to unforeseen security conditions; (vii) all travel arrangements relating to the Grand Prize must be made through the Sponsor or its designated agents; (viii) by accepting the Grand Prize, the winner agrees to waive all recourse against the Releasees if the Grand Prize or a component thereof does not prove satisfactory, either in whole or in part, or from any and all liabilities, of whatever kind or nature, which arise or may hereafter arise in connection with the Grand Prize in any manner whatsoever; and (ix) the winner’s travel companion must sign and return both the Sponsor’s release (by the date indicated on the release form) indicating that they waive all recourse against the Releasees relating to their participation in the Grand Prize (including any travel related thereto). The winner’s travel companion must be over the age of majority in his/her province/territory of residence.

The Grand Prize will only be awarded to the entrant whose full name and valid e-mail address appears on the entry form. The Releasees are not responsible for the distribution of the Grand Prize between any persons who may have participated in making the Entry and assume no responsibility for selecting who is eligible to participate in the Grand Prize with the winning entrant.

PRIZE WINNER SELECTION PROCESS:

During the Contest Period, the public will vote using a ‘thumbs up’ system from amongst all eligible Entries posted on the Website as follows:

Phase 1:

Phase 1 Voting will commence on the April 5, 2010 at 12:00:01 AM ET and end on June 11, 2010 at 11:59:59 PM ET (the “Phase 1 Voting Period”). There is no limit to the number of times you can vote during this time, however you cannot vote more than once during the Phase 1 Voting Period for the same Entry. If it is discovered that attempts were made to: (i) vote more than once per person/email address/computer for the same Entry; (ii) use any automated, script, macro, robotic or other program(s) to submit votes; and/or (iii) engage in systematic voting from the same computer/IP address over a short period of time; then an error message may display and the vote will not register and Sponsor reserves the right, in its sole discretion, to disqualify the votes and/or the Entry to which such votes relate. For greater certainty, Sponsor reserves the right, in its sole discretion, to disqualify any votes (and/or the Entry to which such votes relate) if it deems that any fraudulent or unauthorized human intervention has been attempted, or that there have been other causes that corrupt the administration, security, fairness, integrity or proper operation of this Contest. The Sponsor also reserves the right, in its sole discretion, to disqualify any votes (and/or the Entry to which such votes relate) that are:

  • Deemed to be created using more than 1 email address per person;
  • Deemed to be created by manually or automatically creating multiple email addresses by the same person; and/or
  • In any way deemed to be created by tampering, unauthorized intervention, fraud, technical failure or any other means determined by the Sponsor, in its sole discretion, to reduce the fairness of the Contest.

Immediately after the Phase 1 Voting Period ends, the top ten (10) Entries as ranked according to the total number of votes received during the Phase 1 Voting Period will be deemed to be selected semi-finalists and will be eligible to move to Phase 2 voting (subject to compliance with these Rules). In the event of a tie between two or more Entries (based on the highest number of votes received during the Phase 1 Voting Period), the Sponsor and/or its designated representative(s) will judge all such Entries that are tied on the basis of originality, creativity, uniqueness and appropriateness (all weighed equally), and the Entry with the highest total score as determined by the Sponsor and/ or its designated representative(s) in its/their sole discretion will be deemed to be the selected semi-finalist. Odds of your Entry being selected during Phase 1 depend on the number and calibre of eligible entries received during the Contest Period and on the number of votes received during the Phase 1 Voting Period.

BEFORE BEING DECLARED A SEMI-FINALIST, each selected semi-finalist must sign and return within five (5) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) requires the entrant to correctly answer a mathematical skill-testing question without mechanical or other aid; (ii) assigns all intellectual property, including copyright, in and to his/her Photo/Essay and waives his/her moral rights therein in favour of the Sponsor; and (iii) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry, including without limitation, any claim that his/her Photo/Essay infringes a proprietary interest of any third party. If a selected semi-finalist: (a) fails to correctly answer the skill-testing question; or (b) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit their opportunity to be a semi-finalist and another eligible entrant will be selected based on the next highest number of votes/judged score (if applicable) received during Phase 1.

Phase 2:

Phase 2 voting will commence on June 12, 2010 at 12:00:01 AM ET and end on June 30, 2010 at 11:59:59 PM ET (the “Phase 2 Voting Period”). THE VOTE COUNT WILL BE RESET TO ZERO FOR PHASE 2 VOTING. During the Phase 2 Voting Period, there is no limit to the number of times you can vote, however you cannot vote more than once during the Phase 2 Voting Period for the same Entry. If it is discovered that attempts were made to: (i) vote more than once per person/email address/computer for the same Entry; (ii) use any automated, script, macro, robotic or other program(s) to submit votes; and/or (iii) engage in systematic voting from the same computer/IP address over a short period of time; then an error message may display and the vote will not register and Sponsor reserves the right, in its sole discretion, to disqualify the votes and/or the Entry to which such votes relate. For greater certainty, Sponsor reserves the right, in its sole discretion, to disqualify any votes (and/or the Entry to which such votes relate) if it deems that any fraudulent or unauthorized human intervention has been attempted, or that there have been other causes that corrupt the administration, security, fairness, integrity or proper operation of this Contest. The Sponsor also reserves the right, in its sole discretion, to disqualify any votes (and/or the Entry to which such votes relate) that are:

  • Deemed to be created using more than 1 email address per person;
  • Deemed to be created by manually or automatically creating multiple email addresses by the same person; and/or
  • In any way deemed to be created by tampering, unauthorized intervention, fraud, technical failure or any other means determined by the Sponsor, in its sole discretion, to reduce the fairness of the Contest.

Immediately after the Phase 2 Voting Period ends, the top three (3) Entries as ranked according to the total number of votes received during the Phase 2 Voting Period will be deemed to be selected finalists and will be eligible to move on to the judging phase for final selection of a winner. In the event of a tie between two or more Entries (based on the highest number of votes received during the Phase 2 Voting Period), the Sponsor and/or its designated representative(s) will judge all such Entries that are tied on the basis of originality, creativity, uniqueness and appropriateness (all weighed equally), and the Entry with the highest total score as determined by the Sponsor and/ or its designated representative(s) in their sole discretion will be deemed to be the selected finalist. Odds of your Entry being selected during Phase 2 depend on the calibre of the semi-finalist Entries and on the number of votes received during the Phase 2 Voting Period.

BEFORE BEING DECLARED A FINALIST, each selected finalist will be required to: (i) correctly answer a mathematical skill-testing question without mechanical or other aid; and (ii) return within ten (10) business days of notification a completed criminal background check which will be paid for by the Sponsor. If a selected finalist fails to: (i) correctly answer the skill-testing question; and/or (ii) return within ten (10) business days of notification a completed criminal background check in a form acceptable to Sponsor, then he/she will forfeit their opportunity to be a finalist and another eligible entrant will be selected based on the next highest number of votes/judged score (if applicable) received during the Phase 2 Voting Period.

Final Judging:

A panel of judges appointed by the Sponsor (including a representative from the charity partner and the ONEXONE Foundation) will judge the Entries of the three (3) finalists on the basis of impact of initiative, uniqueness, appropriateness and relevance. Odds of your Entry being selected depend on the calibre of the three (3) eligible finalist entries. The Entry with the highest total score (the “Score”) will be deemed to be the Grand Prize selected entrant. All criteria will be weighed equally. In the event of a tie based on total Score, the Entry with the highest score on appropriateness will be deemed to be the Grand Prize selected entrant. Judging will be completed and the Grand Prize selected entrant will be contacted by email or phone by July 7, 2010. If you have not been contacted by this date, you may assume that you are not the Grand Prize selected entrant.

BEFORE BEING DECLARED THE WINNER, the Grand Prize selected entrant must sign an agreement (the “Winner’s Agreement”) prepared by Sponsor, which, among other things states that:

  • Sponsor shall have the right to use his/her photograph or other likeness for two years from the date the Grand Prize is awarded without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet;
  • Winner must agree to provide Sponsor with current contact information for a period of one year from the date on which the Grand Prize is awarded;
  • Winner must agree to provide updates (the “Updates”) through a blog and Facebook and/or Twitter (in accordance with the Entry requirements established in these Rules) at least once per month for a period of one year from the date on which the Grand Prize is awarded;
    • Updates should discuss impressions of winning, their experiences volunteering/making a difference and experience in field at ONEXONE charity and may include: (i) written postings; (ii) images/photographs/artwork; (iii) music; and/or (iv) videos.
    • In addition to complying with the Entry requirements established in these Rules, Updates must also comply with the WOMMA Ethical Blogger Contact Guidelines (available at: http://www.womma.org/ ), the Sponsor’s Terms of Use (available at: ReachOutWithRedRose.ca ) and Partners In Health (or, at Sponsor’s sole discretion, an alternative ONEXONE charity partner) blogging policy
    • The Sponsor reserves the right, in its sole discretion, to modify, edit or remove any Update(s), or to request the winner to modify or edit his or her Update(s), if a complaint is received with respect to the Update(s), or for any other reason.
    • The Winner’s Agreement assigns all intellectual property rights, including copyright, and waive all moral rights, in and to any and all Update(s), in favour of the Sponsor;
  • Grand Prize selected entrant (and his/her travel companion) must warrant and represent to both Sponsor and Partners In Health (or, at Sponsor’s sole discretion, an alternative ONEXONE charity partner) (as express third party beneficiaries for this provision in the Winner's Agreement), that he/she does not have a criminal record or pending criminal charges that may interfere with their ability to travel freely across international borders for the Grand Prize trip and/or possible promotion events. In this regard, the Grand Prize selected entrant (and his/her travel companion) will be required to sign a form permitting a "criminal" background check in a form acceptable to the Sponsor and in some jurisdictions may be required to personally attend at a police station and provide evidence of a clean criminal record search within the time limits set by Sponsor prior to being awarded the Grand Prize, failing which the prize will be forfeited.
  • Nothing in the Winner’s Agreement, including, without limitation, any publicity related requirements or commitments, will result in the Grand Prize selected entrant being deemed to be an employee of Sponsor, nor will Sponsor in any way be responsible for providing any employee type benefits to any Winner.

If the Grand Prize selected entrant: (i) cannot be contacted by phone or email within ten (10) business days of July 7, 2010; (ii) there is a return of any notification as undeliverable; or (iii) fails to return the properly executed Winner’s Agreement within the specified time; (iv) or does not agree to the terms and conditions exactly as set forth in the Winner’s Agreement; then he/she will forfeit their opportunity to be the winner and the next finalist (according the next highest Score) will be deemed the Grand Prize selected Entrant.

GENERAL CONDITIONS:

By entering the Contest, each entrant agrees to the use of their 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 the Sponsor in any manner whatsoever, including print, broadcast or the Internet.

Without limitation, the Contest Parties will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Contest Parties will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.

In the event of a dispute regarding who submitted an entry, online entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid on line entry in this contest will be the Contest server machine(s).

The Sponsor reserves the right to withdraw or amend this Contest 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 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 to cancel 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 or any kind.

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the contest judges 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.

The Sponsor reserves the right to cancel 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 or any kind.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the contest and in accordance with Sponsor’s Privacy Policy (available at RedRoseTea.ca), unless the entrant otherwise agrees.

INTELLECTUAL PROPERTY:

All intellectual property, 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 by the Sponsor and/or its 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.

LANGUAGE 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 Contest registration form, or point of sale, television, print or online advertising, the terms and conditions of these Rules shall prevail, govern and control.

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