OFFICIAL CONTEST RULES & REGULATIONS
1. GENERAL. The New York Fries NFT Contest (the “Contest”) is intended for legal residents of Canada, excluding Quebec. No purchase necessary. By entering, you acknowledge that you have read, understand and will comply with the following rules (the "Official Rules") in their entirety, which Official Rules are final and binding on all matters pertaining to the Contest.
2. CONTEST DATE. The Contest begins on July 1, 2023 at 8:00 a.m. EST (the “Contest Start Date”) and ends on July 31, 2023 at 11:59:59 p.m. PST (the “Contest Period”) after which time the Contest will be closed and no further entries will be accepted.
4. HOW TO ENTER, PLAY and WIN.
Purchase Entry – To enter, participants must have an active NYF Fry Society loyalty account, which can be obtained, for no cost, by clicking this link. To be entered into the NFT contest, Members must opt-in by clicking on www.newyorkfries.com/nft during the Contest Period and select the option to participate in the Contest. After opting into the Contest, complete a purchase at a participating New York Fries location (an “Eligible Purchase”) and scan your Fry Society card to record the Eligible Purchase (the “Purchase Entry”). All entries must be complete and are subject to verification by the Sponsor, in its sole discretion. You must have an active Fry Society account in order to qualify. Redemption of free Fry Society rewards without purchase, transactions tied to a third-party delivery or purchase service, or orders made online or over the phone do not qualify as Eligible Purchases.
There is a limit of one (1) Purchase Entry per person/Fry Society account per day permitted during the Contest Period. For greater certainty, you can only use one (1) Fry Society account to enter the Contest. If it is discovered that any person has attempted to: (i) obtain more than one (1) Purchase Entry per person/Fry Society account per day during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities and/or more than one (1) Fry Society account to enter the Contest; then (in the sole and absolute discretion of the Sponsor) he/she may be disqualified from the Contest and all of his/her entries voided. Your Purchase Entry will be rejected if (in the sole and absolute discretion of the Sponsor) your entry does not conform to the specific submission requirements listed above. Use (or attempted use) of multiple names, identities, Fry Society accounts and/or 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).
Non-Purchase Entry - Provided that you are eligible to enter the Contest as per rule 3 above, mail a plain piece of paper with your full name, address, phone number and email address and a unique and original essay of minimum 200 words setting out: (A) why you should win the prize, and (B) your favourite New York Fries’ item to: “New York Fries - NFT Contest”, Recipe Unlimited Corporation, 199 Four Valley Drive, Vaughan, Ontario L4K 0B8, Attention: New York Fries Marketing Department. Each eligible mail in entry must be in a separate envelope with sufficient postage, postmarked during the Contest Period, received prior to the end of the Contest Period and received in accordance with these Rules. There is a limit of one (1) no purchase entry per person for the Contest, as determined by the Sponsor in its sole and absolute discretion.
Individuals who submit a valid Purchase Entry or Non-Purchase Entry (the “Entries”) are hereinafter referred to as an “Entrant”.
All Entrants agree to the 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 the Promotion Parties in any manner whatsoever, including print, broadcast or the internet.
How to Win the Prize. There is one (1) prize available to be won. There will be one (1) random draw following the Contest Period (the “Draw”) from all eligible Entries received during the Contest Period to select one (1) potential winner (the “Selected Entrant”).
The Selected Entrant will be contacted by email following the Contest Period. If a Selected Entrant is unable to be contacted after 3 attempts, he or she forfeits being an eligible prize winner and another Entrant may, at the sole discretion of the Sponsor, be selected.
The Selected Entrant must correctly answer a mathematical skill-testing question without assistance and otherwise be in compliance with the Official Rules in order to be declared a prize winner. If the Selected Entrant does not meet all the eligibility criteria set out in the Official Rules, he/she will be disqualified and will not receive a prize and another Entrant may, at the sole discretion of the Sponsor, be selected.
The Selected Entrant must claim the Prize personally. The Prize must be transferred into an ERC20 wallet. The Promotion Parties do not accept any responsibility and are not liable to pay any compensation if the Selected Entrant is unable to receive the Prize.
5. ODDS OF WINNING. The odds of winning a prize depend on the number of eligible Entries participating in the Contest.
6. PRIZE DESCRIPTION. There is a total of one (1) prize available to be won, consisting of a $700 NFT (the “Prize”).
The Sponsor is not responsible for providing any replacement for any unavailable component of a prize. The Sponsor makes no express or implied warranties or conditions of any kind with respect to safety, appearance or performance of a prize or activity offered. Each prize must be accepted as awarded and is non-transferable and non-redeemable for cash. No substitutions, except by the Sponsor, who reserves the right to substitute a prize or any portion of a prize with a prize of equal or greater value. Upon the sole discretion of the Sponsor, a forfeited prize may be allocated to another eligible Entrant.
All future sales of the Prize by the Selected Entrant or any subsequent recipient of the Prize shall be subject to a 10% commission of the overall purchase price, payable to Virtual Next NFT. This commission will automatically be deducted from any sale of the Prize.
7. COMPLETION OF PRIZE CLAIM. Each prize winner will be required to sign and return a declaration of eligibility and compliance with the Official Rules, a liability release releasing the Promotion Parties from any liability occurring as a result of a prize being awarded and used and, where lawful, a publicity consent (collectively, a “Declaration”) before any prize is awarded. Failure to comply with the Official Rules may result in disqualification and potential selection of an alternate eligible winner at the Sponsor’s sole discretion. Selected Entrants will not be confirmed as winners unless the Entrant has complied with all of the Official Rules and correctly answered a mathematical skill-testing question without assistance. Any prize notification returned as undeliverable or any determination that any selected Entrant is ineligible, may result in disqualification and potential selection of an alternate eligible winner. The Promotion Parties will have no liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded. By accepting a prize, each Entrant agrees to the 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 the Promotion Parties in any manner whatsoever, including print, broadcast or the internet.
8. AWARDING OF PRIZES. The Sponsor is not responsible for and shall not be liable for unsuccessful efforts to notify winner(s). Use of a prize or any portion thereof, for a Contest or re-sale is strictly prohibited. No substitution of prizes will be permitted, except by the Sponsor who may substitute a prize or any portion of a prize with a prize of equal or greater value at their sole discretion. The Sponsor’s obligation to the winner(s) is limited to the prizes specified above.
The prize winner will be put in contact with Virtual Next NFT, who will facilitate the transfer of the Prize to the prize winner. Each Entrant agrees that, in the event they are selected as a prize winner, their contact information may be disclosed to Virtual Next NFT in order Virtual Next NFT to be able to deliver the Prize.
9. RELEASE. By entering the Contest and/or accepting a prize, each Entrant, and/or winner agree to release and hold harmless the Sponsor, its parent company, subsidiaries, affiliates, directors, officers, employees, franchisees and agencies (the “Releasees”) from any liability whatsoever and waive any and all causes of action, for any claims, costs, injuries, losses or damages of any kind arising out of, or in connection with, the Contest or acceptance, possession, or use of a prize (including without limitation claims, costs, injuries, losses or damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, and indemnify the Releasees against any loss, damage or expense, including legal fees, that any of the Releasees may suffer or incur as a result of any non-compliance by Entrants with any of the Official Rules or participation in the Contest and/or in connection with the acceptance and/or exercise by an Entrant of a prize, and the use of Entries by the Sponsor. The Promotion Parties and their officers, directors, affiliates, related entities, partners, partnerships, principals, representatives, agents, licensees, successors and assigns: (i) make no warranty, guaranty or representation of any kind concerning any prize; and (ii) disclaim any implied warranty.
10. ERRORS & DAMAGE. The Sponsor is not responsible for typographical or other errors in the offer or administration of this Contest, including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of the winner(s), or the distribution of any prize. The Sponsor reserves the right at their sole discretion to disqualify any individual who is found (i) to be tampering with the entry process or the operation of the Contest; (ii) to be acting in violation of the Official Rules; or (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
11. LIMITATIONS OF LIABILITY. The Promotion Parties are not responsible for late, lost, incomplete, irregular, or misdirected entries, e-mail or for any computer, online, telephone or technical malfunctions or human errors that may occur. If for any reason, the Contest is not capable of running as planned, or more prizes are awarded than planned, including due to a computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, the Sponsor may cancel, terminate, modify or suspend the Contest. Entrants further agree to release the Promotion Parties from any liability resulting from, or related to participation in the Contest or the awarding or use of a prize. The Sponsor reserves the right to terminate or withdraw this Contest at any time.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes and/or other Contest mechanics stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any Entrant with these Official Rules, or as a result of 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 Official Rules, or for any other reason.
12. RIGHT TO TERMINATE, SUSPEND OR AMEND. The Sponsor reserves the right to withdraw, suspend or amend this Contest (or, amend these Official Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Official Rules, including, without limitation, any error, problem, computer virus, bug, tampering, unauthorized intervention, fraud, or failure. Any attempt 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, at its sole discretion, to disqualify from this Contest and any future contest, sweepstakes or other promotion conducted by the Sponsor, any individual that it finds or believes to be tampering with the prize claim process or the operation of the Contest; to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to cancel, suspend or amend this Contest, or to amend these Official 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 whatsoever. Without limiting the generality of the forgoing, the Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Sponsor is collecting personal data about the eligible winner only for the purposes of administering this Contest. No further informational or marketing communications will be received by Entrants, unless the Entrant provides the Sponsor with explicit permission to do so.
14. GOVERNING LAW. This Contest and the Official Rules are governed by and to be construed under the laws of the Province of Ontario, Canada.
15. SUBJECT TO APPLICABLE LAWS. The Contest is subject to these complete Official Rules and all applicable federal, provincial and local laws and regulations. By participating in the Contest, you acknowledge that you have read the Official Rules and agree to abide by their terms and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Contest. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
16. LANGUAGE DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
IMPORTANT NOTE: The Sponsor will not involve itself in, and the Releasees accept no obligation or liability in respect of, any dispute regarding the identity of the rightful selected Entrant. In any such case, the Sponsor reserves the right to take whatever action it deems appropriate based on the circumstances and/or to comply with applicable law.