Bernardin Ltd.

Bernardin Because You Can Sweepstakes 2011 (the “Sweepstakes”)

Chance to Win a Trip for Two to Toronto for a Canning Cook Off

OFFICIAL RULES

 

1. HOW TO ENTER. NO PURCHASE NECESSARY. The Sweepstakes commences at 10:00:01 AM Eastern Time (“ET”) on June 15, 2010 and ends at 4:59:59 PM ET on October 31, 2011 (the “Sweepstakes Period”). There are two (2) ways to enter the Sweepstakes:

 

(i) Online: Visit www.bernardin.ca (the “Sweepstakes Website”) during the Sweepstakes Period, complete the online entry form by entering your name, complete mailing address, contact telephone number and e-mail address, and upload your original recipe for a product(s) that is capable of being canned and a photo of your actual canned product(s) (the “Submission”). See paragraph 3 below for Submission criteria.

 

(ii) Mail-in: Hand print on a plain piece of paper the words "Bernardin Because You Can Sweepstakes," along with your name, complete mailing address, contact telephone number and e-mail address (if you do not have an e-mail address, print "no e-mail address"), mail it, along with your original recipe for a product(s) that is capable of being canned and a photo of your actual canned product(s) (the “Submission”) to:

 

Bernardin Ltd.

Bernardin Because You Can Sweepstakes

88B East Beaver Creek, Unit 6

Richmond Hill, ON

L4B 4W2

 

2. Mail-in entries must be sent in a postage-paid envelope and must be received during the Sweepstakes Period. Limit one (1) Submission per envelope for mail-in entries. Bernardin Ltd. (the “Sweepstakes Sponsor”) is not responsible for late, damaged, misdirected, mutilated, garbled, illegible, incomplete or postage due mail entries. Online entries must be made by the original, manual keystrokes of individual entrant. Use of any automated system including robotic or form filling software to enter or participate is prohibited and will result in disqualification of anyone using such assistance. The Sweepstakes Sponsor assumes no responsibility for garbled, lost, late, delayed, destroyed or misdirected mail, voice messages, email or any computer errors or malfunctions, or for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials or data that have been tampered with or altered are void. In the event of a dispute regarding who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of entry. All entries become the property of the Sweepstakes Sponsor and will not be returned or acknowledged. Proof of sending an entry is not proof of receipt by the Sweepstakes Sponsor. No responsibility is assumed by the Sweepstakes Sponsor for any inability of a potential entrant to successfully enter the Sweepstakes for any reason. No correspondence will be entered into except with the potential winners.

 

 

3. SUBMISSION CRITERIA. Recipe must be for a product (or combination of products) that is capable of being canned (e.g., fruit, vegetables, other), must be creative, original (plain strawberry jam can only be done so many times), must follow Bernardin’s standards regarding safe home canning methods for both high and low acid foods (available on the Sweepstakes Website), and preference will be given to those recipes that reflect traditions or customs particular to your region of Canada. After making the recipe (i.e., canning the product(s)), you must take a photo of your actual canned product(s) and submit the photo along with your recipe. You may enter as many times as you wish, as long as each Submission is unique and meets the criteria described above. Submissions will be judged by an independent panel of 3-5 canners, chefs and home economists selected by the Sweepstakes Sponsor (the “Sweepstakes Judges”). By entering the Sweepstakes, entrants acknowledge and agree that their Submissions may be may be published on the Sweepstakes Website or in other publications of the Sweepstakes Sponsor including, without limitation, a “Bernardin Because You Can: Recipes From Across Canada” cookbook or other cookbook (the “Cookbook”), which may be published at a later date.

 

 

Submissions that are not an original creation, that have been used in association with another contest or promotion, or that are illegal, promote illegal activities, are in any way in breach of the Official Rules, are not appropriate or in good taste, use copyrighted materials or otherwise infringe on the intellectual property or other rights of any party, are defamatory, untrue, or obscene, all determined in the Sweepstakes Sponsor’s sole and absolute discretion, will not be eligible and are subject to disqualification at the sole and absolute discretion of the Sweepstakes Sponsor. By entering the Sweepstakes, entrants represent and warrant that they have the exclusive, worldwide, perpetual rights to all intellectual property associated with and/or included within the Submission, including full contractual releases from all persons and entities seen and/or shown in the photo, and that the Sweepstakes Sponsor’s use of the Submission will not infringe upon the intellectual property or other rights of any person. Upon request, entrants may be required to provide Sweepstakes Sponsor with evidence of compliance with these Official Rules, including required permissions and/or intellectual property agreements. By entering the Sweepstakes, entrants grant the Sweepstakes Sponsor a royalty-free, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, display, sublicense, make derivative works from and otherwise exploit the Submission in whole or in part, in any and all media, and waive any moral rights in the Submission in favour of the Sweepstakes Sponsor. Upon request, entrants may be required to execute a written license and release regarding the Submission.

 

 

4. PRIZES: Four (4) Travel Prizes and one (1) Cook-off Prize are available to be won (collectively, the “Prizes”). Each Travel Prize (described below) includes a trip for two (2) to Toronto, ON on or about January 11-13, 2011 and $500 CDN spending money. The approximate value of each Travel Prize is $2,500 CDN based on a west coast departure to Toronto, ON (actual value may vary depending on point of departure). Any difference between the stated value and the actual value will not be awarded. The Cook-off Prize consists of an assortment of small appliances, including a Bernardin starter kit (approximate value $1,500 CDN). The winner of the Cook-off Prize may also be featured in a highlighted section of the Cookbook.

 

 

Each Travel Prize consists of:

 

 

(i) two (2) round-trip economy airfare tickets (for the winner and a guest) from the Canadian international airport nearest the winner’s primary residence within Canada (airport, carrier and airline ticket class selected at the sole discretion of the Sweepstakes Sponsor) to Toronto, Ontario (however, if winner resides less than 250 kms from Toronto, the Sweepstakes Sponsor reserves the right, in its sole discretion, to substitute air transportation with a form of ground transportation);

 

(ii) standard hotel accommodation based on double occupancy for two (2) night’s stay (accommodation to be selected at the sole discretion of the Sweepstakes Sponsor);


(iii) if travelling by air, ground transportation to and from destination airport;

 

(iv) $500 CDN spending money; and

 

(v) participation by the winner in a canning cook off with local celebrity chefs to be held at a Toronto cooking academy on Wednesday, January 12, 2011 (the “Cook-off”), where the winner will be required to prepare his/her winning recipe.

 

 

Any and all meals and expenses not expressly included in the description of the Travel Prize set out above, including, without limitation, such expenses as telephone calls, in-room movies, mini-bar, room service, gratuities, insurance, rental cars, taxes (including airport departure taxes) and all personal expenses of any kind or nature are the sole responsibility of the winner and his/her guest. The winner and his/her guest will be responsible for all transportation not expressly included in the description of the Prize, including, without limitation transportation to and from the departure airport. The winner and his/her guest are responsible for obtaining all necessary travel documentation, such as valid Canadian passports and/or photo identification. If a potential winner does not have proper travel documentation, or does not accept or participate in any portion of the Prize for any reason whatsoever, then he/she forfeits the Prize, and the Sweepstakes Sponsor shall have no further obligation or liability to that potential winner with respect to the Prize. It is recommended that the winner and his/her guest obtain sufficient personal insurance (including medical) prior to departure. The winner and his/her guest must be available to travel between January 11, 2011 and January 13, 2011 and must travel together on the same itinerary and must depart from and return to the same airport. Due to the nature of the prize, no alternative travel dates are available. Once booked, travel arrangements may not be changed. Other restrictions may apply. Minors must be accompanied at all times by a parent or legal guardian (and the Travel Prize does not cover any additional expenses for such parent or guardian).

 

The Sweepstakes Sponsor is not liable if travel is impeded, refused or delayed by reason of decisions of Canadian authorities or for any other reason. No responsibility is assumed by the Sweepstakes Sponsor, for cancelled, delayed, suspended or rescheduled aspects of the trip/Travel Prize events for any reason whatsoever. The Sweepstakes Sponsor makes no express or implied warranties and there are no conditions or representations of any kind with respect to safety, appearance or performance of any aspect of, or activity related to, the Prizes.

 

 

Prizes are not transferable and must be accepted as awarded, cannot be substituted, transferred, exchanged, sold or surrendered for cash, except at the sole and absolute discretion of the Sweepstakes Sponsor, who reserves the right, at its sole and absolute discretion and for any reason, to award a substitute prize of equal or greater value, including without limitation a cash award.

 

 

5. SELECTION OF WINNERS: Between November 1, 2010 and November 30, 2010, the Sweepstakes Judges will evaluate the Submissions on the basis of originality, creativity, taste, and how well they reflect regional customs or traditions (the “Judging Criteria”). Based on the Judging Criteria, the Sweepstakes Judges will select the best four (4) Submissions received during the Sweepstakes Period. On December 1st, 2010 at approximately 10:00 AM ET in Richmond Hill, ON, the Sweepstakes Sponsor or its representatives will announce the names of the potential Travel Prize winners from among all eligible entries received. The chances of winning a Travel Prize depend on the number and caliber of eligible Submissions received.

 

 

Only the four (4) Travel Prize winners who participate in the Cook-off will be eligible to win the Cook-off Prize. The winner of the Cook-off Prize will be selected by the participating celebrity chefs and announced at the conclusion of the Cook-off.

 

 

6. HOW TO CLAIM A PRIZE: Attempts will be made to contact the potential Travel Prize winners by mail, telephone or email. If a potential winner cannot be contacted within three (3) business days from the first attempt, the potential winner will be disqualified and forfeits the Travel Prize and the Sweepstakes Judges may, at their sole absolute discretion, select another eligible entrant based on the Judging Criteria whom the Sweepstakes Sponsor or its representatives will attempt to contact, and who will be subject to disqualification, in the same manner. Before being declared a winner, potential winners will be required to correctly answer a mathematical skill-testing question, to be administered by phone, without assistance of any kind, whether mechanical or otherwise. Potential winners may be required to furnish proof of identification that may include a drivers’ license or other form of picture identification as part of the verification process. Potential winners must accept the terms of a standard Declaration, Release and Waiver form, to be sent by email, mail or courier, and must otherwise comply with the Official Rules. Potential winners must complete and return the signed Declaration, Release and Waiver form within five (5) business days of receipt. If a potential winner does not return the form within this period, the potential winner will be disqualified and forfeits the Travel Prize and the Sweepstakes Judges may, at their sole absolute discretion, select another eligible entrant based on the Judging Criteria whom the Sweepstakes Sponsor or its representatives will attempt to contact, and who will be subject to disqualification, in the same manner. The Sweepstakes Sponsor is not responsible for failed attempts to notify any potential winner.

 

 

Awarding of Prizes is subject to verification and compliance with these Official Rules.

 

 

If a potential winner is found to be ineligible, declines to accept any portion of a Prize, fails to correctly answer the mathematical skill-testing question, fails to accept, complete and return a complete Declaration, Release and Waiver form, or fails to comply with the Official Rules, or in the event that the Prize confirmation or any portion of the Prize is returned undeliverable, the potential winner will forfeit his/her entitlement to the Prize, and the Sweepstakes Sponsor may randomly select an alternate winner at its sole discretion.

 

 

7. ELIGIBILITY: This Sweepstakes is open to individuals who are residents of Canada who have reached the age of majority in their province or territory of residence as of the date of entry, except employees (and members of the immediate families and households of such employees) of the Sweepstakes Sponsor (collectively, the “Sweepstakes Parties”); any of the Sweepstakes Parties’ respective affiliated and associated and related companies, members, agents, advertising and promotional agencies, and/or franchisees; the Sweepstakes Judges; the Prize suppliers, and/or participating retail stores; and/or all of their respective directors, officers, owners, partners, members, agents, representatives, successors and/or assigns (the Sweepstakes Parties, collectively with such additional entities, the "Releasees"). In these Official Rules, “immediate family” means parents, children, siblings and spouses.

 

 

8. Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sweepstakes Sponsor and the Sweepstakes Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. Entrants who have not complied with these Official Rules are subject to disqualification.

 

 

9. The Sweepstakes Sponsor reserves the right to prohibit an entrant from participating in the Sweepstakes or winning a Prize, if, in the sole discretion of the Sweepstakes Sponsor, it determines that the entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse or threaten or harass any other entrants or the Sweepstakes Sponsor. The Sweepstakes Sponsor reserves the right to disqualify any entrant failing to comply with these Official Rules or cooperate in any investigation or inquiry concerning such compliance. Any attempt, by an entrant or other individual, to deliberately undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, the Sweepstakes Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law. Participants engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won. The Sweepstakes Sponsor reserves the unfettered right, in its sole and absolute discretion, to disqualify any entries that they suspect violate the Official Rules. The Sweepstake Sponsor is responsible for ensuring that the Sweepstakes is in compliance with all relevant laws.

 

 

10. The Releases shall have no liability and shall be held harmless in respect of any and all manner of action, causes of action, suits, debuts, covenants, contracts, claims and demands, including legal fees and expenses, whatsoever, including, but not limited to, claims based on negligence, breach of contract and liability for any physical injury, death or property damage which the entrant and his/her respective administrators, heirs, successors or assigns may have by reason or arising out of the entrant’s participation in the Sweepstakes and/or in connection with the acceptance and/or use or misuse of a Prize or any element thereof.

 

 

11. FOR RESIDENTS OF QUEBEC: Any litigation respecting the conduct or organization of a publicity Sweepstakes may be submitted to the Régie des alcools des courses et des jeux (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 reach a settlement.

 

 

12. By accepting a Prize, the winner consents to the use of the winner’s name, city and province of residence, voice, statements relating to the Sweepstakes, the Sweepstakes Sponsor, and photographs or other likenesses, without further compensation, in any publicity carried out by the Sweepstakes Sponsor, or their respective agents or any related entities in connection with this Sweepstakes, to the extent permitted by law.

 

 

13. By accepting a Prize, the winner releases the Releases from any and all liability, loss or damages of any kind arising from or in connection with the Sweepstakes and/or the awarding, receipt and/or use or misuse of the Prize or participation in any Prize-related activities.

 

 

DISCLOSURES:

 

14. The Sweepstakes Sponsor reserves the right, subject to the jurisdiction in Quebec of the Régie, to withdraw, terminate or modify the Sweepstakes or these Official Rules in whole or in part, at any time and for any reason, including, but not limited to, production, printing, tampering, unauthorized intervention, fraud or other unanticipated problems or irregularities or mistakes of any nature whatsoever which, in the opinion of the Sweepstakes Sponsor, affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or the chances of winning.

 

 

15. This Sweepstakes is subject to all applicable federal, provincial, and municipal laws. All entries become the property of the Sweepstakes Sponsor and no correspondence will be entered into except with selected participants who will be contacted by mail, telephone or by email. By entering the Sweepstakes, participants consent to the use of their name, city and province of residence and/or photograph in any publicity carried out by the Sweepstakes Sponsor, or their respective agents without compensation to the extent permitted by law.

 

 

16. In the event of any discrepancies between the English language rules and the non-English language rules, the English rules shall prevail.

 

 

17. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sweepstakes Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the Province of Ontario without regard to Ontario conflicts of law principles and the laws of Canada applicable therein. All entrants consent to the jurisdiction and venue of the courts of the Province of Ontario.

 

 

18. Unless entrants otherwise indicate, the personal information gathered about entrants in the course of this Sweepstakes will be used by the Sweepstakes Sponsor for the administration of the Sweepstakes and in connection with any publicity relating to the Sweepstakes and as required or permitted by law.

 

 

19. For the names of Prize winners, send a request along with a self-addressed, stamped envelope bearing sufficient postage to: Bernardin Because You Can Sweepstakes Winner’s List, 88B East Beaver Creek, Unit 6, Richmond Hill, ON, L4B 4W2. The names of Prize winners will be available until May 31, 2011.

 

 

20. Winner shall indemnify and hold harmless the Releasees in connection with any claims arising out of the promotion, including the prizes awarded as part of the promotion.

 

 

Bernardin Ltd. All rights reserved. Richmond Hill, Ontario, Canada L4B 4W2. Bernardin Ltd is a subsidiary of Jarden Corporation (NYSE: JAH).