Contest is open to all legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Unilever Canada Inc. (the "Sponsor")its parent companies, subsidiaries, affiliates, prize suppliers, including, without limitation, Holt, Renfrew & Co., Ltd., advertising/promotion agencies (including, without limitation, all employees working directly or indirectly for the website company associated with this Contest) and the Contest judges(collectively, the "Contest Parties").
Video Upload Period begins on May 2, 2011 at 12:00:01 a.m. Eastern Time (ET) and ends on July 19, 2011 at 11:59:59 p.m. ET(the "Video Upload Period").
No purchase necessary. You can enter the Contest during the Video Upload Period at facebook.com/magnumheir which will take you to the "Taste the Life of a Magnum Heir" Contest page on Facebook. Click on the entry button when prompted. At this time the Contest entry form will appear. Fully complete the entry form, which requires you to:(i) enter your first name, last name, valid email address, complete home address, telephone number and indicate that you are over the age of majority in your province/territory of residence; and (ii) accept and agree to be legally bound the terms and conditions of these Official Rules and Regulations (the "Rules"). You will then be required to upload one (1) video (the "Video"). Your Video must be in accordance with the specific Video Requirements listed below in Rule 4 and must depict, describe and/or discuss why you should be named the next "Magnum Heir" (the "Theme"). When all required fields are completed (including uploading your Video), click the "Submit" button to complete your entry (entry form and Video hereinafter collectively referred to as "Entry/Entries").
There is a limit of one (1) Entry per person/email address permitted during the Video Upload Period and you can only use one (1) email address to enter, or otherwise participate in, the Contest. If it is discovered that you attempted to: (i) enter more than one (1) time during the Video Upload Period; and/or (ii) use more than one (1) email address to enter, or otherwise participate in, the Contest; then (in the sole and absolute discretion of the Sponsor) you may be disqualified from the Contest and all of your Entries are subject to disqualification by the Sponsor. Your Entry will be rejected if (in the sole and absolute discretion of the Sponsor): (a) the entry form is not fully completed (including uploading your Video) and submitted during the Video Upload Period; and/or (b) the Video does not conform to the specific Video Requirements listed below in Rule 4. Use of any automated system to enter or otherwise participate in 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. Entrants that would prefer to film and upload their video using the Magnum Video Booth may do so at select events during the video upload phase of the contest. Video booths will be available in the Magnum VIP lounge area at events in Toronto, Vancouver and Montreal.. Event locations and times will be listed on facebook.com/magnumheir.
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASEES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY BY THE CONTEST PARTIES AND THE RELEASEES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
Your submitted Video must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, your Video must meet the following specific requirements:
Length: maximum 60 seconds
Size: maximum 50 MB
English or French
FLV, MOV, WMV/WMA, MJPEG, MPEG-1, MPEG-2, MPEG-4, VP6, VP5, 3Gp, H.264, and H.263
*NO PURCHASE NECESSARY: If you do not want to use an actual Magnum ice cream bar in your Video, then you must download and print an image of a Magnum bar from facebook.com/magnumheir and use that image in place of a real Magnum bar in your Video (as described above).
By participating in the Contest, each entrant agrees to be bound by these Rules and by the interpretation of these Rules by the Sponsor, and further warrants and represents that his/her Video:
i. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the videographer) in and to the Video (and all components thereof – e.g. music, images, etc) to enter the Contest;
ii. does not violate any law, statute, ordinance or regulation;
iii. 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 Video, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
iv. 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
v. 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:
The Sponsor and/or its promotional agency or designated content moderator (the "Reviewer") will initially screen every Video. Any Video that the Reviewer deems, in its 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 Reviewer reserves the right, in its sole and absolute discretion, to edit or modify any Video, or to request an entrant to modify or edit his or her Video, in order to ensure that the Video complies with these Rules, or for any other reason. Each entrant whose Video has been posted on the Website will receive an email notification from Sponsor indicating that the Video has been posted. If a Video is deemed to be inappropriate, the entrant will receive an email notification from Sponsor indicating that the Video has not been posted.
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Video, 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 Video in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Releasees") from and 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 Reviewer reserves the right, in its sole and absolute discretion at any time during the Contest, to modify, edit or remove any Video, or to request an entrant to modify or edit his or her Video, if a complaint is received with respect to the Video, or for any other reason. If such an action is necessary during the Voting Period (as defined in these Rules), then the Sponsor reserves the right, in its sole and absolute discretion, to reset the vote count associated with the Video to zero.
There will be one (1) Grand Prize available to be won consisting of:
The actual retail value may vary depending on the points of departure and the European destination chosen for the European Trip (collectively, the "Grand Prize"). In no event, however, shall the maximum retail value of the Grand Prize exceed $250,000 CAD. Any difference between the actual value of the European Trip, New York Trip, the Makeover Experience, Personal Chef and/or the Chauffeur Service and the maximum allowable values stated above will NOT be awarded.
Grand Prize must be accepted as awarded and is not transferable or convertible to cash. No substitutions except at Sponsor's option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Grand Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor's sole and absolute discretion, a cash award. Grand Prize will only be awarded to the eligible entrant whose complete name and valid e-mail address appears on the official Contest entry form.
Without limiting the generality of the foregoing, the following general conditions apply to the European Trip and the New York Trip (collectively, the "Trip Prize"): (i) all travel related to the Trip Prize must occur on or before the dates specified above (otherwise the Trip Prize will be forfeited in its entirety); (ii) the winner and his/her travel companion must: (a) travel on same itinerary; (b) have all necessary documentation to permit travel (e.g. passport, visa); and (c) not subject to any barrier to entry into the applicable destination city/country; (iii) the costs of everything not specifically stated above as included in the Trip Prize are the sole responsibility of the winner and his/her and travel companion, including, without limitation: meals and drinks; gratuities; entertainment; health and travel insurance; transportation for winner and his/her travel companion to and from the Canadian international airport nearest the winner's residence; transportation while in the applicable destination city; excess baggage fees; and items of a personal nature (NOTE: winner may be required to present a valid major credit card in winner's name at the time of hotel check-in to cover any incidental expenses); (iv) if the winner (and/or his/her travel companion) does not utilize any part(s) of the Trip Prize, then any such part(s) not utilized will be forfeited in its/their entirety and nothing will be substituted in its/their place; (v) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Trip Prize or any component thereof; and (b) substitute the Trip 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 and absolute discretion, a cash award; (vi) all travel arrangements relating to the Trip Prize must be made through the Sponsor or its designated agents; (vii) by accepting and/or participating in the Trip Prize, the winner (and his/her travel companion) agrees to waive all recourse against the Releasees if the Trip Prize or a component thereof does not prove satisfactory, either in whole or in part; (viii) the winner's travel companion must sign and return the Sponsor's release (by the date indicated on the release form) indicating that he/she waives all recourse against the Releasees relating to their participation in the Trip Prize (including, without limitation, any travel related thereto); and (ix) the winner's travel companion must be over the age of majority in his/her province/territory of residence.
On or around, July 19, 2011, a panel of judges appointed by the Sponsor will judge all eligible Videos on the basis of the following weighted criteria:
|How persuasive was the entrant about why they should be the Magnum Heir?||0-20 Points|
|How clearly did the entrant communicate their message?||0-20 Points|
|How well did the entrant embody the Magnum brand values?||0-20 Points|
|How visually appealing was the Video?||0-10 Points|
|How entertaining was the Video?||0-20 Points|
|How well was the Magnum product/image incorporated into the Video?||0-10 Points|
|Total Score||100 Points|
Each eligible Video will be given a score (the "Score") by the Contest judges. Odds of being selected as an eligible Semi-Finalist depend on the number and calibre of eligible Videos received during the Video Upload Period. The eligible entrants associated with the top one-hundred (100) eligible Videos based on total Score (as determined by the Contest judges, in their sole and absolute discretion) will be selected as Semi-Finalists and will be eligible to move to the next phase (See Rule 7) for selection of eligible Finalists (subject to compliance with these Rules). In the event of a tie between two or more Videos based on total Score, the eligible entrant associated with the Video (from amongst all such Videos that are tied) with the highest score on Entertainment value of the Video will be deemed to be the selected Semi-Finalist. Judging will be completed on or about July 25th, 2011 (the "Semi-Finalist Date").
On or around, July 25th, 2011, a new panel of judges (the "Finalist Judges") appointed by the Sponsor will re-judge the Videos of all 100 Semi-Finalists on the basis of the weighted criteria noted above in Rule 6. The Video of each Semi-Finalist will be given a new Score (for greater certainty, the Score from the Semi-Finalist judging phase (Rule 6) will be reset - i.e. Scores are NOT cumulative). The Semi-Finalists associated with the top ten (10) eligible Videos based on the total new Score (as determined by the Finalist Judges, in their sole and absolute discretion) will be selected as Finalists and will be eligible to move to the next phase (See Rule 8) for determination of an eligible Grand Prize winner (subject to compliance with these Rules). Odds of being selected as an eligible Finalist depend on the calibre of the Videos of the one-hundred (100) Semi-Finalists (but are no worse than 1 in 10). In the event of a tie between two or more Videos based on the total new Score, the Semi-Finalist associated with the Video (from amongst all such Videos that are tied) with the highest score on Entertainment value of the Video will be deemed to be the selected Finalist. Judging will be completed on or about July 26 2011 (the "Finalist Date"). Each of the top 10 Finalists of the contest be contacted on or about July 27th, 2011, If a selected Finalist: (i) cannot be contacted within two (2) attempts or within twenty-four hours (24) of the Finalist Date (whichever occurs first), or if there is a return of any notification as undeliverable; and/or (ii) fails to return the properly executed Contest documents within twenty-four hours (24) of the time the documents are sent to the Finalist, then he/she will forfeit their opportunity to be a Finalist and the Sponsor reserves the right, in its sole and absolute discretion, to select the Finalist who received the next highest new Score in accordance with these Rules to be an eligible Finalist (in which case the forgoing provisions of this section shall apply to such new eligible Finalist).
Between July 30, 2011 at 12:00:01 am ET and August 22, 2011 at 11:59:59 pm ET (the "Voting Period"), the public will be able to visit the Magnum Heir Contest on facebook.com/magnumheir and view the ten (10) Finalist Videos. Prior to being able to vote, each voter will be required to successfully enter the correct sequence in the CAPTCHA mechanism when prompted. The voter will then be permitted to submit his/her vote(s) (the "Vote(s)") in accordance with the limitations outlined below. To be eligible, the voter's Vote(s) must be received within the Voting Period.
LIMIT: To avoid multiple entries and spam applications all Facebook accounts registered after 12:00:01 am ET on May 2nd, 2011 will not be permitted to vote for this contest.
A voter cannot Vote more than once per day (defined as 12:00:01 am ET to 11:59:59 pm ET) during the Voting Period. If it is discovered that attempts were made to: (i) Vote more than once per person per day (defined as 12:00:01 am ET to 11:59:59 pm ET) during the Voting Period; (ii) use any automated, script, macro or robotic program(s) to submit Votes; or (iii) engage in systematic voting from the same computer/IP address; then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the Votes, Video and/or Finalist to which such Votes relate.
All Votes are subject to verification. 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) from any voter to participate (i.e. vote) in this Contest or for any votes entered, or purportedly entered, by such voter to be considered valid for the purposes of this Contest. Failure to provide such proof in a timely manner may result in disqualification of the applicable votes that cannot be verified to the satisfaction of the Sponsor, in its sole and absolute discretion. The sole determinant of the time for the purposes of a valid Vote in this Contest will be the Contest server machine(s).
IMPORTANT: You may encourage your friends and other eligible individuals to vote for your Entry; however, you are not allowed to offer any individual any form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize in furtherance of receiving such individual's vote for their Entry. Any contestant determined by Sponsor and/or its representative (in their sole and absolute discretion) to be engaging in such behaviour is subject to disqualification.
Immediately after the Voting Period, the Finalist associated with the top Video as ranked according to the total number of eligible (as determined by the Sponsor in its sole and absolute discretion) Votes received during the Voting Period will be deemed to be the eligible Grand Prize Winner. In the event of a tie between two or more Videos (based on the highest number of eligible Votes received during the Voting Period), the Finalist who received the highest total new Score in accordance with Rule 7 (from among all such Finalist's that are tied) will be the eligible Grand Prize Winner. Odds of being selected as the eligible Grand Prize Winner depend on the number and calibre of each Finalist's Video and on the number of eligible Votes received during the Voting Period (but are no worse than 1 in 10).
The Sponsor, or its designated representative(s) will make three (3) attempts to contact the eligible Grand Prize Winner by telephone or email (using the information provided at the time of entry) within five (5) business days of the end of the Voting Period. If the eligible Grand Prize Winner cannot be contacted within three (3) attempts or five (5) business days as outlined above (whichever occurs first), or there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate Finalist based on the next highest number of eligible Votes received during the Voting Period (or judged new score, if applicable) to be the eligible Grand Prize Winner (in which case the forgoing provisions of this section shall apply to such new eligible Grand Prize Winner).
BEFORE BEING DECLARED THE GRAND PRIZE WINNER, the eligible Grand Prize Winner must sign and return within ten (10) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) requires the eligible Grand Prize Winner to correctly answer a mathematical skill-testing question without mechanical or other aid; (ii) confirms compliance with these Rules; (iii) acknowledges acceptance of the Grand Prize as awarded; and (iv) agrees to release the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from any liability in connection with this Contest, the eligible Grand Prize Winner's participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof. If the eligible Grand Prize Winner: (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 be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to select an alternate eligible Finalist based on the next highest number of eligible Votes received during the Voting Period (or judged new score, if applicable) to be the eligible Grand Prize Winner (in which case the forgoing provisions of this section shall apply to such new eligible Grand Prize Winner).
By entering the Contest, each entrant agrees to the use of his/her Video, along with 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 Sponsor in any manner whatsoever, including print, broadcast or the Internet.
The Releasees 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 Releasees 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, 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 Entry in this Contest will be the Contest server machine(s). All Entries are subject to verification. 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) to enter or otherwise participate in this Contest. Failure to provide such proof in a timely manner may result in disqualification.
The Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the "Régie"), to withdraw, suspend 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, with the consent of the Régie, reserves the right 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 or any kind, or for any other reason.
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 entrants, Entries and/or Votes.
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 technical 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.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux 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 reach a settlement.
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.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, French version of these Rules, and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control.