Microsoft word - legal-#50958-v1-tims_advisors_contest_terms_and_conditions_re_qualifying_contest.doc

CONTEST PERIODS: The dates of the Contest are as follows:
The Contest is sponsored by The Tim Hortons Advertising and Promotion Fund (Canada) Inc.
(the “Sponsor”), 874 Sinclair Road, Oakville, Ontario. Canada, L6K 2Y1. Vision Critical
Communications Inc. (“VCCI”) has been retained by the Sponsor to administer the Contest. The
Sponsor is and shall remain solely responsible for the delivery of the Prize(s) to the winner(s).
ELIGIBILITY: This Contest is open to all persons who participate in the Tim Hortons
Study to qualify to become registered members of the Tim’s Advisors Panel (“Entrants”). All
Entrants must be individuals legally residing in Canada and the participating United States
(defined as New York, Ohio, Michigan, West Virginia, Kentucky, Maine and Pennsylvania,
collectively the “Participating U.S. States”) and who are the age of majority in their Province or
State of residence at the time of entry into the Contest. VCCI and Sponsor reserve the right to
require proof of age and jurisdiction of residence prior to awarding any prize. If a minor is
selected, the parent or legal guardian of the selected entrant must sign an affidavit, in order for
their child to be declared the winner. The prize will be issued in the parent or legal guardian’s
name. Employees, agents and representatives of the Sponsor and its subsidiaries and affiliates,
VCCI and its subsidiaries or affiliates and each of their respective advertising and promotion
agencies are not eligible to win, nor are the parents, siblings and children of any such employee,
agent or representative or any person with whom such employee, agent or representative is
PRIZES: There is one (1) random draw (the “Draw”) in the Contest consisting of the one (1) prize
in the amount of $1,000.00 cash (the “Prize”). The Prize will be awarded on
(the “Draw Date). The Prize will be awarded in Canadian dollars or US dollars dependent on the
winner’s jurisdiction of residence. Limit one (1) Prize per person/household. Unclaimed Prizes
will not be awarded.
electronically via the Internet.
Alternatively, Entrants may receive one (1) entry for the Draw by legibly printing the Entrant’s
name, street address, city, province/state, postal/zip code, telephone number, complete email
address, and the path to the survey for which the Entrant was selected (URL address) on a 3 x 5
inch (or 7.5 x 12.5 cm) piece of paper and mailing it to VCCI at: Tim’s Advisors Panel
Sweepstakes, Vision Critical Communications Inc., Suite 700, 858 Beatty Street, Vancouver BC
Canada V6B 1C1. Mail-in entries must be postmarked by the Contest Closing Date and received
by no later than noon on the day immediately preceding the Draw Date to be eligible. Please
note: the URL address of the survey is necessary to identify the specific Contest being
entered. Mail-in entries that do not include the URL address will not be valid.
Sponsor is not
responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail.
Submissions become property of Sponsor and will not be returned. Each mail-in entry must be in
a separate postmarked outer envelope.
Entrants cannot complete the same survey more than once. Limit one (1) entry per person/email
address/household regardless of the method of entry.
CONTEST DRAW: The Draw will be held in Vancouver, British Columbia at 2:00 p.m.
Pacific Time on the Draw Date from all eligible entries received. The winner will be determined
by random drawing from all eligible entries received by VCCI by noon on the day before the Draw
Date. The odds of winning depend on the number of eligible entries received. The odds of an
entry winning the Prize will be the same, whether the entry was automatically generated or by
alternate means of entry.

PRIZE AWARDING: The Prize will be awarded only on verification by VCCI that all
Contest requirements have been met by the winner. The Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of the Prize will be allowed, unless at the discretion of the Sponsor which may substitute a Prize of comparable or greater value. No correspondence will be entered into except with selected Entrants at the email address listed on the VCCI systems, or on the mail-in entries. VCCI will notify the winner by email within 15 days of the Draw Date. The winner will have ten (10) calendar days from notification to accept the Prize by email, and will be instructed whom to contact at that time. Neither VCCI nor Sponsor are responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner. If a selected Entrant can not be contacted within the allotted time VCCI and/or Sponsor reserve the right to void that entry and select another eligible Entrant for the Prize. For Canadian Residents: In order to be declared an official winner, the selected Entrant must correctly answer a time-limited skill-testing mathematical question without mechanical or other assistance. The selected Entrant will be required to complete, sign and return to VCCI a Declaration and Release Form within seven (7) days of receipt. If a selected Entrant fails to complete, sign and return the Declaration and Release Form to VCCI within seven (7) days and/or provides an incorrect answer to the skill-testing mathematical question, the Sponsor reserves the right to void that entry and select another eligible Entrant for the Prize. By completing, signing and returning the Declaration and Release Form, the Entrant (i) confirms compliance with these Contest Rules and Regulations, (ii) releases and forever discharges the Sponsor, its affiliates and subsidiaries, VCCI, its affiliates and subsidiaries and their respective advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising or to arise by reason of the acceptance or use of the Prize, and (iii) gives permission to the Sponsor and VCCI, at their option, to publish or otherwise use the Entrant’s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or VCCI or their respective advertising agencies. If Entrants do not wish their personal information to be used for these purposes then please contact VCCI at Suite 700, 858 Beatty Street, Vancouver, British Columbia, V6B 1C1. The Prize will be delivered by the Sponsor to the official winner(s) within four to six weeks after receipt of the signed and fully completed Declaration and Release Form, including the correct answer to the skill testing mathematical question. The Prize will be delivered by the Sponsor to the winner at the mailing address listed in the VCCI system or on the mail-in entries in four to six weeks after the last day of the month in which the Prize has been officially declared as won. CONTEST GENERAL RULES: By entering the Contest, Entrants agree to abide by
these Contest Rules and Regulations and the decisions of VCCI, which are final. Subject to the
approval of the Régie des alcools, des courses at des jeux (the “Régie”), the Sponsor reserves
the right to revoke and/or amend these Contest Rules and Regulations at any time without notice.

WINNERS LIST: To obtain a copy of the winner list or a copy of the Contest Rules and
Regulations, send your request to: Vision Critical Communications Inc, The Tim’s Advisors
Contest Winners List, Suite 700 - 858 Beatty Street, Vancouver, BC, V6B 1C1. Requests must be
received no later than July 31, 2011 and must enclose a self-addressed stamped envelope.

DISQUALIFICATION: Neither the Sponsor nor VCCI are responsible for lost, interrupted
or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of this Contest or the operation of the Tim’s Advisors Panel website or any other Sponsor or VCCI hosted website, as determined by Sponsor or VCCI, in their sole discretion, will be disqualified. If disqualified for any of the above abuses, VCCI reserves the right to terminate the Entrant’s eligibility to participate. In the event any portion of this Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor or VCCI, which in the sole opinion of Sponsor or VCCI, corrupts or impairs the administration, security, fairness or proper entry into the contest, each of Sponsor and VCCI reserves the right, in its sole discretion, to suspend or terminate the Contest and to award Prize(s) to individual(s) selected at random from the pool of Entrants received up to the point of termination. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Please see the privacy policy located at for details of Sponsor's policy regarding the use of personal information collected in connection with this Contest. Entrants must have a valid e-mail address. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process. 10. TAX INFORMATION: Liability for any applicable taxes imposed by any government, if
any, on the Prize won is the sole responsibility of the winner of the Prize. Winner(s) may be
required to provide Sponsor with a valid social security number or tax identification number before
the Prize will be awarded for tax reporting purposes. Winner may be issued an IRS 1099 form for
Prizes over $600.

QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a
publicity contest may be submitted to the Régie for a ruling. Any litigation respecting the
awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties to
reach a settlement.

CANADA AND U.S. RESIDENTS: For residents of all provinces other than Quebec and
residents of the Participating U.S. States, any litigation must be commenced in the City of
Vancouver, British Columbia.
APPLICABLE LAWS: This Contest is subject to all applicable federal, provincial,
municipal and state laws. Void where prohibited or restricted by law.

PRIZE DISCLAIMER: Neither VCCI nor Sponsor shall be responsible or liable to
Entrants for any losses, damages or costs incurred as a result of Entrants entering the Contest or use of a Prize won in connection with this Contest or the failure by the Sponsor to deliver the Prize to the winner in accordance with the Contest Rules and Regulations. By participating in the Contest, each Entrant agrees to release and hold harmless VCCI and Sponsor, their respective employees, officers, directors, shareholders, agents, representatives of their respective parent company, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. 15. PERSONAL INFORMATION NOTICE: Entrants personal information is collected,
disclosed, used, retained and destroyed in accordance with the VCCI’s Privacy Policy. To view the VCCI Privacy Policy log on to the VCCI website at and select Privacy Policy.


Title 35

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