Spread some Christmas Cheer with Coca-Cola® and NYF®

NEW YORK FRIES CHRISTMAS CHEER CONTEST
RULES & REGULATIONS

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

By participating in the New York Fries Spread Some Christmas Cheer Contest (the “Contest”), each entrant (hereafter referred to as the “Entrant”) agrees to be legally bound by these Official Contest Rules (the “Rules”) and the decisions of the Sponsor (defined below) with respect to all aspects of this Contest, which are final and binding on all Entrants without right of appeal.

1. CONTEST PERIOD: Contest begins at 8:00 a.m. ET on Monday November 13, 2017 and ends at 11:00 p.m. ET (the “Contest Period”), on Wednesday November 22, 2017 (the “Contest Day”).

2. ELIGIBILITY: This Contest is sponsored by New York Fries, a division of Cara Operations Limited (the “Sponsor”) and is open to Fry Society members who are legal residents of Canada (excluding residents of Quebec), of the age of majority in their province/territory of residence, except franchisees, employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, its parent companies, subsidiaries, affiliates and related companies, as well as Head Office employees of the Sponsor’s restaurant brands and their respective advertising and promotion agencies, suppliers and the independent judging organization (collectively, the “Contest Parties”).

3. HOW TO ENTER: No purchase necessary. You must have an active Fry Society account in order to participate. During the Contest Period, Fry Society members who buy any fries or poutine, along with a Coke, will automatically receive one (1) entry (an “Entry”) into the contest.

No Purchase Entry Method: Send an email to aberenstein@cara.com containing your full name, telephone number and a unique and original essay of minimum 500 words (the “Essay”) about why you should win a Prize (as defined below). There is a limit of one (1) no purchase Entry per unique and original Essay, per Contest Period, as determined by the Sponsor in its sole and absolute discretion.

All entries are collectively referred to as “Entries”. Entries will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not in compliance with the Fry Society Membership and required purchase or no Purchase Entry as set out herein.

Use (or attempted use) of any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by the Sponsor. The Releasees (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).

All Entries are 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) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

4. THE PRIZE AND ITS APPROXIMATE RETAIL VALUE: Fifty (50) prizes each in the amount of One Hundred Dollar (100.00) Visa Prepaid Gift Cards available to be won, (each, a “Prize”). The Prize must be accepted as awarded and are not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s option. The Sponsor reserves the right to substitute a Prize with one of equal or greater value, including without limitation, but at the Sponsor’s sole discretion, a cash award. The Prize will only be awarded to persons whose verifiable Fry Society membership name appears on the selected Entries or the selected no purchase Entries, as applicable.

5. WINNER SELECTION, NOTIFICATION AND CONFIRMATION PROCESS: The odds of winning the Prize depend on the number of eligible Entries received during the Contest Period. There will be a random draw (the “Draw”) of five (5) Entries each day of the Contest Period (each a “Draw Date”), and winners will be contacted by the Sponsor by email for further communication whereby the selected Entrant will be required to successfully answer a mathematical skill-testing question in order to be declared a winner.

Following each Draw, the Sponsor or its designated representative will make a minimum of two (2) attempts to contact the selected Entrant within five (5) business days of the Draw Date. If the selected Entrant cannot be contacted within five (5) business days of the Draw Date, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries received (in which case the foregoing provisions of this section shall apply to such new selected Entrant).

BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, the selected Entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; (b) confirm compliance with these Rules; (c) acknowledge acceptance of the Prize as awarded; (d) release the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (e) agree to the publication, reproduction and/or other use of his/her 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 or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If the selected Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to respond within the specified time; and/or (c) cannot accept the Prize as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries received during the Contest Period (in which case the foregoing provisions of this section shall apply to such new selected Entrant).

6 INTELLECTUAL PROPERTY: All intellectual property used by the Sponsor in connection with the promotion and/or administration of the Contest, 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, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

7 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 website and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.

8 GENERAL CONDITIONS:

a. The Releasees will not be liable for: (i) 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 to be received 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 an Entrant’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.

b. The Releasees assume no responsibility for lost, delayed, incomplete or misdirected Entries. No correspondence will be entered into except with the selected Entrant who will be notified by direct message and informed of all necessary arrangements. 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, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or Entrants.

c. In the event of a dispute regarding any Entry, it will be deemed to have been submitted by the Fry Society account holder on record for the applicable Entry at the time of entry. An Entrant may be required to provide proof (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) that he/she is the registered Fry Society member for the Entry in question and that he/she has all necessary consents, permissions and/or licenses as required by these Rules.

d. The Sponsor reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this 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 this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by 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 reserves the right, in its sole and absolute discretion, to cancel, amend 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 of any kind, or for any other reason.

e. Without limiting the generality of the foregoing, the Sponsor reserves the right, in its sole discretion, to disqualify any Entrant’s Entry in the Contest or entitlement to the Prize, if the Sponsor, in its sole discretion, determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, use of multiple mice or other fraudulent, deceptive or unfair playing practices (including, without limitation, any Entries generated by script, macro, robotic, programmed, or any other automated means). Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will automatically be disqualified.

f. 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 unless the Entrant otherwise agrees.

g. 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 technical or other 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.

h. Should an Entrant wish to not be entered into the Contest following completion of the Entry process, they should send an email to aberenstein@cara.com to request that their Entry be rendered null and void.