TERMS

Terms and Conditions of Offer (“Terms”)

Burger Floatie Giveaway (the “Promotion”) sponsored by Canada Bread Company, Limited (the “Sponsor” or “Canada Bread”).

  1. ELIGIBILITY: This Promotion is open only to legal residents of Canada who are the age of majority or older in their province/territory of residence.

  2. Offer: Purchase any five (5) Dempster’s®, POM®, and/or Ben’s® Hamburger or Hot Dog products listed in the attached Schedule 1 from May 17, 2018 to August 13, 2018 (while supplies last) inclusive (the “Promotion Period”), and receive one (1) Burger Floatie (approximate retail value of $35.00 each) (“Offer”).

  3. How to Participate: There are two (2) methods of obtaining the Offer as follows:

    1. Text BBQ to 80808. You will receive a text back with the URL https://grillmvp.com (“Website”). Click on the URL within the text message and follow the on-screen instructions to complete the online form with all required information (full name, full or complete mailing address including apartment or suite number and buzzer code and/or access code, address, phone number, email). Upload a photo of at least one (1) Dempster’s®, POM®, and/or Ben’s® product that you have purchased, as well as the store receipt that clearly shows the Dempster’s®, POM®, and/or Ben’s® product(s) that have been purchased, retailer name, date, time, and transaction total. Click the Submit button to complete your submission (“Request”). Once five (5) Requests are submitted, you will be eligible to receive the Offer.

    2. Enter the URL https://grillmvp.com. directly into an internet browser and follow the on-screen instructions to complete the online form with all required information (full name, full or complete mailing address including apartment or suite number and buzzer code and/or access code, phone number, email). Upload a photo of at least one (1) Dempster’s®, POM®, and/or Ben’s® product that you have purchased, as well as the store receipt that clearly shows the Dempster’s®, POM®, and/or Ben’s® product(s) that have been purchased, retailer name, date, time, and transaction total. Click the Submit button to complete your submission (“Request”). Once five (5) Requests are submitted, you will be eligible to receive the Offer.

    Requests can be made in multiple transactions. Purchase and upload must both be completed by August 13, 2018 at 11:59:59 p.m. Eastern Time. Accepted file formats are: .JPG, .JPEG, .PNG, and .GIF. Maximum file size is 10 MB. Not all mobile telephone providers carry the service necessary to obtain a link to the Website to participate in the Promotion. Standard message and data rates may apply. Participants should consult their wireless providers’ pricing plans. The Sponsor is not responsible for any additional charges incurred from participation.

  4. Offer Limits: There will be three thousand five hundred (3,500) Burger Floaties available (See attached Schedule 2 for full Offer breakdown by region). Offer ends on August 13, 2018 at 11:59:59 p.m. Eastern Time or until supplies last (whichever comes first). Limit of two (2) Offers per person and per household. Fraudulent or noncomplying Requests will not receive the Offer. Canada Bread is not responsible for illegible, late, or noncomplying Requests. Please allow approximately 6 to 8 weeks for delivery from end of Promotion Period. If the incorrect address is provided the Sponsor will not take liability for returned items.

  5. General Conditions: This Promotion is subject to all applicable federal, provincial and municipal laws. The decisions of Canada Bread with respect to all aspects of this Promotion are final and binding on all participants without right of appeal.

    SOME JURISDICTIONS (INCLUDING QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. Canada Bread, its parent company, subsidiaries, advertising/promotion agencies (the “Released Parties”) will not be liable for: (i) any failure of any website or any platform during the Promotion; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, mobile devices, servers, access providers, computer equipment or software; (iii) the failure of any Request, and/or other information to be received, captured, recorded or work properly for any reason whatsoever, 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 Promotion; (v) any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Requests or Offers; (vi) anyone being incorrectly and/or mistakenly identified as a recipient or eligible recipient; and/or (vii) any combination of the above.

    By participating in the Promotion, and as a condition of acceptance of the Offer, you, your heirs, executors, administrators, successors and assigns, release and forever discharge and hold harmless the Released Parties from and against any and all losses, damages (including, without limitation, direct, indirect, incidental, consequential or punitive damages), rights, claims, actions, causes of action, personal injury, property damage or death, including without limitation all costs and liabilities of any kind including legal fees on a substantial indemnity scale, hereinafter called “Claims” and including without limitation any Claims arising from any act of negligence of the Released Parties, that you now have, or may hereafter have against the Released Parties directly or indirectly resulting or arising from participation in the Promotion, or the acceptance, possession, use or misuse or enjoyment of any Offer.

    Canada Bread reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Promotion (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of Canada Bread that interferes with the proper conduct of this Promotion as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Canada Bread reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Promotion, or to amend these Terms, 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.

    The personal information collected will only be used by Canada Bread and its authorized agents for the purpose of fulfillment and administration of this Promotion, unless otherwise authorized by the participant, and in accordance with Canada Bread’s privacy policy (available at: http://www.canadabread.com/?privacy).

    The Sponsor’s failure to insist upon or enforce strict performance of any right or provision of these Terms shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Terms and/or the Promotion shall be settled by binding arbitration on an individual basis conducted in the Province of Ontario, City of Toronto, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

    THESE TERMS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in the Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the provincial and federal courts located in or closest to the City of Toronto in the Province of Ontario. The parties agree not to raise the defense of forum non conveniens.

  6. Other General Conditions:

    1. The Burger Floatie is provided strictly on an “as is” basis without any warranties or representations whatsoever from the sponsor, whether express or implied. Should you encounter any issues with the Burger Floatie, you agree to take such issues directly to the manufacturer. Sponsor will not be responsible for any lost, stolen or damaged Burger Floatie. Sponsor is not responsible for any injury or loss of enjoyment involving the Burger Floatie.

    2. The parties have required that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

    Listings of specially marked packages of Dempster’s®, POM®, and/or Ben’s® products, carrying the promotional offer and are available, while supplies last. Product availability is subject to participating store listings.
  7. © 2018 Canada Bread Company. All Rights Reserved.

    SCHEDULE 1:

    DESCRIPTION UPC
    ONTARIO
    Dempster’s® Original Hams 8pk 0 68721 00802 6
    Dempster’s® Original Hots 8pk 0 68721 00803 3
    Dempster’s® Original WW Bun 8pk 0 68721 00812 5
    Dempster’s® Original WW Hots 8pk 0 68721 00813 2
    Dempster’s® Top Slice Hots 12pk 0 68721 00806 4
    Dempster’s® Deluxe White Sausage 6pk 0 68721 30014 4
    Dempster’s® Deluxe White Hams 8 pk 0 68721 30015 1
    Dempster’s® Deluxe the Gold Bun 8pk 0 68721 62092 1
    Dempster’s® Thin Sandwich Buns 8pk 0 68721 66503 8
    EAST
    Ben’s® Original Hots 8pk 0 60347 02157 1
    Ben’s® Original Hams 8pk 0 60347 02158 8
    Ben’s® Original Hams 12pk 0 60347 52306 8
    Ben’s® Original New England Style Hots 12pk 0 60347 52308 2
    Ben’s® Original Sesame Hams 8pk 0 60347 52554 3
    Ben’s® Original Sesame Hams 12pk 0 60347 52363 1
    WEST
    Dempster’s® Original Hots 12pk 0 68721 02220 6
    Dempster’s® Original Hams 12pk 0 68721 02221 3
    Dempster’s® Original WW Hots 12pk 0 68721 22220 0
    Dempster’s® Original WW Hams 12pk 0 68721 22221 7
    Dempster’s® Deluxe White Hams 8pk 0 68339 01082 4
    Dempster’s® Deluxe White Sausage 6pk 0 68339 00120 4
    Dempster’s® Deluxe WW Sandwich 8pk 0 68721 02020 2
    QUEBEC
    POM® Ultra Moist Hots 6pk 0 61077 77115 6
    POM® Ultra Moist Hams 6pk 0 61077 77116 3
    POM® Jumbo Hamburger Buns 12pk 0 61077 77119 4
    POM® Ultra Moist Hots 8pk Le Gros 0 61077 77118 7
    POM® Ultra Moist Sesame Hams 8pk 0 61077 77113 2
    POM® Sesame Hams Le Gros 4pk 0 61077 77138 5
    132639POM UM TOASTED HOT 12 0 61077 77117 0


    SCHEDULE 2:

    Quantity Available by Region Quantity
    Ontario – Dempster’s 1,200
    Atlantic – Ben’s 650
    West – Dempster’s 650
    Quebec - POM 1,000
    Total 3,500